Battaglia v. Lakeland School District

677 A.2d 1294, 1996 Pa. Commw. LEXIS 240
CourtCommonwealth Court of Pennsylvania
DecidedJune 10, 1996
StatusPublished
Cited by2 cases

This text of 677 A.2d 1294 (Battaglia v. Lakeland School District) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Battaglia v. Lakeland School District, 677 A.2d 1294, 1996 Pa. Commw. LEXIS 240 (Pa. Ct. App. 1996).

Opinions

DOYLE, Judge.

Nancy Battaglia, a certified secondary art teacher, and Patricia Mussari, a certified [1296]*1296school nurse, appeal from two separate orders of the Secretary of Education, which upheld the decision of the Board of School Directors (Board) of the Lakeland School District (District) demoting them from full-time to half-time status based on declining enrollment.1

I. Background

The relevant facts are undisputed, having been stipulated to by the parties. Prior to the 1991-1992 school year, Battaglia was employed full-time by the District as a secondary art teacher and Mussari was employed full-time by the District as a school nurse. During the ten year period commencing with the 1981-1982 school year and ending with the 1990-1991 school year, the District’s enrollment declined from a peak enrollment of 2,002 students in the 1981-1982 school year to 1,606 students in the 1990-1991 school year. The District’s enrollment was thereby reduced by a total of 396 students during this ten-year period, a reduction of approximately twenty percent of its pre-1981 student population.

The impact of the. District’s declining enrollment was felt to an even greater degree at the secondary level (grades 7 through 12) where the student population decreased from a peak of 988 students in the 1981-1982 school year to 746 students in the 1990-1991 school year. Furthermore, the number of secondary students receiving art instruction fell from 374 to approximately 268 during this same time period, a decrease of almost thirty percent.

In the Spring of 1991, based on the declining enrollment in the District over the previous ten years, the District’s Superintendent recommended that the Board adopt various changes in the District’s educational programs. As part of his recommendation to the Board, the Superintendent proposed that several professional employees be suspended or demoted. On July 3, 1991, the Board adopted a resolution enacting personnel changes based on the District’s declining enrollment and the Superintendent’s recommendations pursuant to its authority under Section 1124 of the Public School Code of 1949 (School Code).2 Section 1124 of the School Code specifically provides as follows:

Any board of school directors may suspend the necessary number of professional employes, for any of the causes hereinafter enumerated:
(1) Substantial decrease in pupil enrollment in the school district;
(2) Curtailment or alteration of the educational program on recommendation of the superintendent, concurred in by the board of school directors, approved by the Department of Public Instruction, as a result of substantial decline in class or course enrollments or to conform with the standards of organization or educational activities required by law or recommended by the Department of Public Instruction;
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Under the terms of the Board’s resolution, Battaglia was demoted from her full-time position as a secondary art teacher to a halftime position; Mussari was likewise demoted from her full-time position as a school nurse to a half-time position.

Both Battaglia and Mussari requested a timely hearing before the Board.3 On February 19, 1992, the Board held a hearing at which Battaglia argued that the Board’s decision was flawed since enrollment had actually increased during the 1991-1992 school year.4 [1297]*1297Battaglia farther alleged that the Board’s action was arbitrary and capricious, since there had not been a “substantial” decline in enrollment over a reasonable period of time as required by Section 1124 of the School Code. In regard to the Board’s specific assertion that the enrollment in art classes had undergone a marked decline over the past ten years, Battaglia argued that any such decline was not the result of diminished interest in the art program, but instead was primarily caused by the District’s decision to curtail the number of art courses offered to students. Nevertheless, the Board rejected these arguments, finding that it had properly exercised its discretion when it demoted Bat-taglia to half-time status.5

Mussari, for her part, further contended that the Board’s action violated Section 1402 of the School Code, 24 P.S. § 14-1402(a.1), which mandates that “Every child of school age shall be provided with school nurse services: Provided, however, That the number of pupils under the care of each school nurse shall not exceed one thousand five hundred (1,500).” (Emphasis added.) For the 1991-1992 school year, the District’s enrollment totalled 1,631 students. Prior to the 1991-1992 school year, the District had employed two full-time nurses and was thereby unquestionably in compliance with Section 1402 of the School Code. Mussari argues that by demoting her to half-time status, the District was in violation of Section 1402 of the School Code since there was only-one nurse for 1,631 students during those time periods in which she was off-duty. Nevertheless, the Board determined that one and one-half nurses were not only adequate to serve the health needs of its students, but that the District was in full compliance with the requirements of Section 1402 of the School Code.6

Battaglia and Mussari appealed the respective decisions of the Board to the Secretary of Education.7 By separate orders dated April 7, 1995, the Secretary of Education affirmed the District’s demotion of both Battaglia and Mussari. Battaglia and Mussari now appeal to our Court.8 Since the legal issues presented by each are not exactly identical, we will address the merits of their appeals separately.

II. Battaglia’s Appeal

On appeal to this Court, Battaglia argues that the Board acted arbitrarily in demoting her. Battaglia, as she did below, relies primarily on the fact that the District’s enrollment actually increased between the 1990-1991 and the 1991-1992 school years. She further alleges that the Board’s use of a ten-year period for the purpose of establishing that the District was undergoing declining enrollment was both arbitrary and unreasonable. Battaglia thereby concludes that the Board’s action violated Section 1124 of the School Code and that she should be reinstated to her previous full-time position with back pay.

[1298]*1298In support of her position, Battaglia cites to Colonial Education Association v. Colonial School District, 165 Pa.Cmwlth. 286, 645 A.2d 336, petition for allowance of appeal denied, 539 Pa. 696, 653 A.2d 1234 (1994). In that case, we reversed the school district’s suspension of a teacher where enrollment was actually projected to increase in the year the teacher was suspended and where the school district based its decision on enrollment figures from an eighteen-year period. Although we did not hold that the school district was barred from suspending the teacher because of the projected increase in enrollment for the year of suspension, we found that the eighteen-year period used by the school district was an unreasonable and unjustified time standard for the purposes of Section 1124 of the School Code. Id.

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Bluebook (online)
677 A.2d 1294, 1996 Pa. Commw. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battaglia-v-lakeland-school-district-pacommwct-1996.