Brown v. School District

417 A.2d 1337, 53 Pa. Commw. 483, 1980 Pa. Commw. LEXIS 1681
CourtCommonwealth Court of Pennsylvania
DecidedAugust 15, 1980
DocketAppeal, No. 1075 C.D. 1979
StatusPublished
Cited by9 cases

This text of 417 A.2d 1337 (Brown v. 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
Brown v. School District, 417 A.2d 1337, 53 Pa. Commw. 483, 1980 Pa. Commw. LEXIS 1681 (Pa. Ct. App. 1980).

Opinion

Opinion by

Judge Mencer,

Raloy E. Brown (petitioner) appeals to this court from an order of the Secretary of Education (Secretary) dismissing his appeal from a demotion by the Board of School Directors of the Cheltenham Township School District (Board).

[485]*485The petitioner, a professional employee, was the principal of the Cheltenham Elementary School when, on September 20, 1977, he was demoted by the Board and reassigned as a fifth grade classroom teacher at the Wyncote School. His salary as principal was $30,-835, and he was paid $24,704 as a classroom teacher since he qualified “at the 14th level of a doctorate on the teacher salary guide. ’ ’

Our scope of review is limited here to a determination of whether or not the Secretary’s adjudication was in accordance with law, the petitioner’s constitutional lights were violated, and the findings of the Secretary were supported by substantial evidence. Patchel v. Board of School Directors of Wilkinsburg School District, 42 Pa. Commonwealth Ct. 34, 400 A.2d 229 (1979).

A reading of the record discloses support for the following:

On November 25, 1974, a resolution was adopted by the Board, relating to the reorganization of the schools of the district. The elementary schools were changed from kindergarten through grade 6 to kindergarten through grade 5, three 3-year junior high schools were changed to two middle schools for grades 6 through 8, and the high school was changed from a 3-yea.r to a 4-year school. Further, the reorganization plan reduced the number of elementary schools in the district from six to four, thereby reducing the total number of school buildings in the district from ten to seven.

As a result of this reorganization, the required number of building principals was commensurately reduced from ten to seven. The school district was therefore placed in the position of having to eliminate two elementary school principal positions and one secondary school principal position. Because of the [486]*486retirement of one of the elementary school principals at the end of the 1976-77 school year, nine principals remained to fill the seven remaining positions.

The then Superintendent of Schools, Dr. John R. Thorson, recommended to the Board that all principals be rated to determine their quality of performance and that, based upon the ratings and the evaluation of their respective performance and certifications, the principals to be reassigned could be selected. The evaluation was also to include Dr. Thorson’s determination of the principals ’ potential performance in the positions remaining after reorganization. The Board approved these recommendations on November 11, 1975.

Thereafter, Dr. Thorson advised the principals of the selection process he intended to use, including the fact that the state-approved DEBE 333 form would be adapted to better reflect the qualities and characteristics needed of a principal, as opposed to those of a classroom teacher or other professional employee, and that seniority would not be a factor.

Dr. Thorson subsequently evaluated all of the principals, rating each in four major categories. Petitioner received 74 out of a possible 80 points, with 18 out of 20 points in the first category, “personality,” 19 out of 20 points in the second category, “preparation,” 18 out of 20 points in the third category, “technique, ’ ’ and 19 out of 20 points in the fourth category, “pupil reaction. ’ ’ The evaluation of petitioner by Dr. Thorson indicated a need for improvement, in comparison with the other principals in the following areas: his comfort in dealing with parent groups and his degree of involvement in social interaction with parents; his professional relationships with other principals and members of the administrative staff; his support of the policies of the administration; his appreciation of the financial situation of the district, particularly with [487]*487respect to budget creation and control at the individual school level; and his ability to relate to parents who disagreed with his educational philosophy. His rating was lower than any of the principals retained as principals.

Dr. Thor son’s determination as to the potential performance of the respective principals in the schools remaining after reorganization evidenced his opinion that the retention of five of the principals in the positions which they held prior to the reorganization would benefit the school district by maintaining continuity and the good relationships which they had with the students, faculty, and community of their respective schools.

The evaluation also indicated that in the two instances where principals were recommended for reassignment to other schools, the district would receive similar benefits. In both instances, the elementary school principals were reassigned from school buildings which were closing to schools to which their former students were also being reassigned.

Additionally, in the case of the Cheltenham Elementary School, the reassignment of pupils from one of the closed elementary schools meant a change in educational format. When Dr. Brown was principal at Cheltenham, the program had been an “open framework” concept. The students being transferred to Cheltenham Elementary came from a more structured, traditional school. For these reasons, the Cheltenham Elementary program, after reorganization, would offer both open framework and more traditional, structured programs. Dr. Brown had indicated his belief that only one program of education should be utilized in a school.

On the basis of this record evidence, the Board made findings of fact and determined that petitioner’s reassignment from the position of principal to that of [488]*488classroom teacher was a demotion in both salary and type of position which was in the best interest of the school district.

Judge Rogers, writing for this court in Lucostic v. Brownsville Area School District, 6 Pa. Commonwealth Ct. 587, 590-91, 297 A.2d 516, 518 (1972), stated:

Section 1151 of Article XI of the Public School Code of 1949 [Act of March 10, 1949, P.L. 30, as amended], 24 P.S. §11-1151, provides: ‘The salary of any district superintendent, assistant district superintendent or other professional employe in any school district may be increased at any time during the term for which such person is employed, whenever the board of school directors of the district deems it necessary or advisable to do so, but there shall be no demotion of any professional employe either in salary or in type of position, except as otherwise provided in this act, without the consent of the employe, or, if such consent is not received, then such demotion shall be subject to the right to a hearing before the board of school directors and an appeal in the same manner as hereinbefore provided in the case of the dismissal of a professional employe.’ The cases which have arisen under this provision establish the following principles: (1) A Board of School Directors may demote a professional employe in position or salary or both without his or her consent. (Tassone v. Redstone Township School District, 408 Pa. 290, 183 A.2d 536

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Bluebook (online)
417 A.2d 1337, 53 Pa. Commw. 483, 1980 Pa. Commw. LEXIS 1681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-school-district-pacommwct-1980.