Bednar v. Butler Area School District

15 Pa. D. & C.3d 555, 1979 Pa. Dist. & Cnty. Dec. LEXIS 34
CourtPennsylvania Court of Common Pleas, Butler County
DecidedFebruary 27, 1979
DocketMsD 78-007
StatusPublished

This text of 15 Pa. D. & C.3d 555 (Bednar v. Butler Area School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Butler County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bednar v. Butler Area School District, 15 Pa. D. & C.3d 555, 1979 Pa. Dist. & Cnty. Dec. LEXIS 34 (Pa. Super. Ct. 1979).

Opinion

KIESTER, P.J.,

— Petitioners were employes of the Butler Area School District prior to their suspensions on June 29, 1976. In all, 60 teachers were suspended. The school district refused the requests for a hearing made by several of the suspended teachers. In a mandamus action this court on February 3, 1977 ordered the school district to conduct hearings in accordance with the provisions of the Local Agency Law of December 2, 1968, P.L. 1133, 53 P.S. §11301 et seq. (A.D. #76-943, Court of Common Pleas of Butler County). The board held seven hearings commencing April 12, 1977 and ending August 30, 1977. It made findings [557]*557of fact and conclusions of law and on December 5, 1977 found that the suspensions were proper and in accordance with the law. The case is now before the court on an appeal by petitioners from the school board’s final adjudication. The appeal is under the Local Agency Law, 53 P.S. §11307. Inter alia, petitioners say that the findings of fact are not supported by the evidence and were arrived at in an arbitrary and capricious fashion. Petitioners maintain that the board violated the law and abused its discretion in suspending the teachers.

A hearing on the appeal was originally scheduled before the Honorable John A. Cherry on April 25, 1978 but was continued when the State Court Administrator informed this court that there were no funds available to assign a visiting judge to hear this and numerous other cases. The. case was rescheduled and heard by this judge on August 22, 1978. The court has before it a complete transcript of the proceedings before the school board, including seven volumes of notes of testimony and exhibits, together with the legal briefs filed by the parties. ’ .

THE LAW AND DISCUSSION

Scope of Review

The Local Agency Law, 53 P.S.§ 11308(b), provides that where there is a complete record as here, the court shall hear the appeal without a jury on the record certified by the local agency:

“After hearing, the court shall affirm the adjudication unless it shall find that the same is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of this act have been violated in the proceeding [558]*558before the agency, or that any finding of fact made by the local agency and necessary to support its adjudication is not supported by substantial evidence. If the adjudication is not affirmed, the court may set it aside or modify it, in whole, or in part, or may remand the proceeding to the local agency for further disposition in accordance with the order of the court.” . ’

Causes for Suspension

The Public School Code of March 10, 1949, P.L. 30, as amended, 24 P.S. §11-1124, provides that:

“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 standards of organization or educational activities required by law or recommended by the Department of Public Instruction; (3) Consolidation of schools, whether within a single district, through a merger of districts, or as a result of joint board agreements, when such consolidation makes it un-nécessary to retain the full staff of professional employes.”

Suspensions Based on Economic Constraints

Petitioners maintain that the decision to suspend teachers was economic and not based on the causes [559]*559set forth in section 1124. It is argued that the number of teachers to be suspended was determined by fiscal constraints. In support of this position reference is made to the testimony of Dr. Bourandas and to the fact that suspensions may have been tentatively approved before thé board was furnished with student enrollment data.

On the other hand, the school board states that the suspensions were based on a substantial decrease in pupil enrollment, the curtailment and alteration of educational programs, the consolidation of schools by which 11 classrooms were closed, and the economic impairment of the district due to overstaffing. All of this is supported by substantial evidence. But which came first — the decision to economize, or the evidence to support the decision? Is it essential to determine which came first?

There is neither statutory nor case law that forbids finances and economy by a school board to be a motivating and controlling factor in reducing the number of professional employes. Nevertheless, no matter how much the school board may desire to economize through suspensions it cannot so act in the absence of the causes set forth in sectibn 1124.

In the opinion of this court it makes no difference that economy may have been the initial consideration of the school board in effecting the suspensions. The legislature has granted the school board limited discretion in the operation of a school system. As long as a school board operates the system within the limitations provided by law, the school board does not abuse its discretion.

Without supportive facts the school board could not legally reduce the professional staff. What were the facts on June 29, 1976 when the suspensions were announced? From 1970-71 to 1975-76 there [560]*560had been a decline of 813 students and an increase of 50 teachers during the same period. For succeeding years there was a projected decline in enrollment of 300 students annually. Several school buildings had been closed with a net loss of 16 classrooms.

The substantial decline in pupil enrollment constituted legal cause for suspension of professional employes under the school code.

The fact that the school board had increased millage in 1975-76 by seven mills and was confronted with an increase of 15 to 25 mills in 1976-77, if it failed to economize, and that this situation forced school board action, does not make the suspensions unlawful.

Pupil-Teacher Rátio

Petitioners maintain that with the suspensions there was a substantial increase in the pupil-teacher ratio. This is denied by the board. Petitioners say that ip 1976-77 there were two additional pupils per teacher over the prior school year. Upon comparison with earlier years with a higher enrollment and fewer teachers the differential is much less.

The class size and the instructional periods after the suspensions conformed to the standards mandated by the Department of Education. Neither the school code nor case law denies a school board the discretionary power to retrench within the law when faced with rising costs and higher tax levies. No precedent holds that a school board abuses its discretion when fewer teachers result in an increase in the pupil-teacher ratios.

[561]*561Realignment of Teachers

Having determined that the school board under the facts was authorized by law to suspend 60 teachers, did the board comply with the law in making the suspensions. The Public School Code, 24 P.S.

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15 Pa. D. & C.3d 555, 1979 Pa. Dist. & Cnty. Dec. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bednar-v-butler-area-school-district-pactcomplbutler-1979.