Cherry v. Pennsylvania Higher Education Assistance Agency

620 A.2d 687, 153 Pa. Commw. 210, 1993 Pa. Commw. LEXIS 60
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 1, 1993
StatusPublished
Cited by9 cases

This text of 620 A.2d 687 (Cherry v. Pennsylvania Higher Education Assistance Agency) 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
Cherry v. Pennsylvania Higher Education Assistance Agency, 620 A.2d 687, 153 Pa. Commw. 210, 1993 Pa. Commw. LEXIS 60 (Pa. Ct. App. 1993).

Opinions

NARICK, Senior Judge.

Petitioners1 appeal from an order of the Board of Directors (Board) of the Pennsylvania Higher Education Assistance Agency (PHEAA), which accepted a hearing examiner’s recommendation to exclude Petitioners from the benefits provided by the Urban and Rural Teacher Loan Forgiveness Act (Loan Act), Act of December 6, 1988, P.L. 1259, 24 P.S. §§ 5191-5197. We affirm.

The Loan Act provides for a reduction in the educational loan amount that recipients must repay if they teach in urban or rural school districts where over 8% of the average daily membership are low income pupils. Section 2 of the Loan Act, 24 P.S. § 5192, sets forth the legislative statement of [212]*212intent, providing insight into the Loan Act’s purpose, as follows:

The General Assembly finds and declares that:
(1) The number of college students planning to enter the teaching profession appears to be inadequate to meet the need for teachers in our public schools.
(2) Demand from industry and other opportunities attract existing and potential teachers away from the profession.
(3) The pool of qualified teachers, especially those in math and science, has diminished.
(4) Economically hard-pressed rural and urban school districts find it difficult to attract qualified teachers from the diminished pool.
(5) Payment of a portion of student loans for certified teachers serves the important public purpose of encouraging new teachers to teach in economically hard-pressed areas of this Commonwealth.

Petitioners either applied for or made inquiries concerning their eligibility to participate in the loan forgiveness program. PHEAA’s Administrative Review Committee (Review Committee) informed the Petitioners that they were ineligible. The Pennsylvania State Education Association (PSEA) appealed on Petitioners’ behalf, and a hearing examiner appointed by the Board heard the appeal. The parties entered into a Stipulation of Facts, which are a part of the record.

The hearing examiner noted that the Pennsylvania Department of Education (PDE) certified each of the Petitioners to perform the functions for which they were hired by their respective school districts. The Petitioners all come within the Educational Specialist category,2 which includes guidance counselors, psychologists and school nurses. PDE also issues [213]*213an Instructional Certificate,3 which encompasses all classroom teachers, no matter what grade level or subject area that they teach. These two categories provide the basis upon which the hearing examiner made his recommendation.

The hearing examiner, agreeing with PHEAA’s interpretation of a “qualified applicant,”4 recommended to PHEAA’s Board that:

[I]ndividuals certified by the Pennsylvania Department of Education in the Instructional Area prima facie should be considered teachers for purposes of the Loan Forgiveness Act and that individuals certified by the Pennsylvania Department of Education in the Educational Specialist Area be denied eligibility for the Loan Forgiveness Program unless they can show that they spend more than 50% of their time in class room teaching.

Petitioner’s Brief, Appendix C.

Because the words “teacher” and “teaching” appear in the Loan Act’s definition of a “qualified applicant,” the hearing examiner applied the Statutory Construction Act of 1972 (Statutory Construction Act), 1 Pa.C.S. §§ 1501-1991 to determine whether PHEAA’s Review Committee correctly interpreted “teacher” and “teaching” as used in the Loan Act. The hearing examiner, also finding the Public School Code of 1949 [214]*214(School Code)5 definitions inapplicable, agreed with the Review Committee’s interpretation of a “qualified applicant” and suggested that the Board deny Petitioners’ appeal. This decision rested on the conclusion that Petitioners were not “teachers” and did not “teach,” as those words are used in the Loan Act.

PHEAA’s Board accepted the hearing examiner’s recommendation and denied Petitioners’ appeal. Petitioners then appealed to this Court,6 arguing that PHEAA improperly interpreted the words “teacher” and “teaching” as used in the Loan Act, to mean “class room teacher” and “class room teaching,” resulting in the erroneous denial of the loan forgiveness benefits to Petitioners. Petitioners again argue that the School Code contains several definitions of the words “teacher,” “teaching” and “professional employe” that encompass the positions held by Petitioners and should, therefore, bring them within the ambit of the Loan Act. The School Code sets forth the following definitions, which the Petitioners assert are pertinent:

§ 11-1101. Definitions.
As used in this article,
(1) The term “professional employe” shall include those who are certified as teachers, supervisors, supervising principals, principals, assistant principals, vice-principals, directors of vocational education, dental hygienists, visiting teachers, home and school visitors, school counselors, child nutrition program specialists, school librarians, school secretaries the selection of whom is on the basis of merit as determined by eligibility lists and school nurses.
Section 1101 of the School Code, 24 P.S. § 11-1101.
§ 11-1141. Definitions.

For the purposes of this subdivision.—

[215]*215(1) “Teacher” shall include all professional employes and temporary professional employes, who devote fifty per centum (50%) of their time, or more, to teaching or other direct educational activities, such as class room teachers, demonstration teachers, museum teachers, counselors, librarians, school nurses, dental hygienists, home and school visitors, and other similar professional employes and temporary professional employes, certified in accordance with the qualifications established by the State Board of Education. Section 1141 of the School Code, 24 P.S. § 11-1141.
§ 11-1142.1. Minimum salaries for teachers.
(d) For purposes of this section, the following terms shall have the following meanings:
“Teacher” shall mean classroom teachers and all others included within the definition of “teacher” in section 1141, including speech eorrectionists and instructional department chairmen employed by a school district.
Section 1142.1 of the School Code, 24 P.S. § 11-1142.1.

After examining these definitions, we agree with the hearing examiner that the foreword to each section states that the definitions are applicable to particular sections or subdivisions of the School Code and are, therefore, limited. The parts of the School Code in which these definitions are found deal with employment and compensation. The definitions are not broad based nor are they meant to be applied universally to the entire School Code.

We are cognizant that the objective of all statutory interpretation is to effectuate the intention of the legislature. See 1 Pa.C.S. § 1921.

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Cherry v. Pennsylvania Higher Education Assistance Agency
620 A.2d 687 (Commonwealth Court of Pennsylvania, 1993)

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Bluebook (online)
620 A.2d 687, 153 Pa. Commw. 210, 1993 Pa. Commw. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cherry-v-pennsylvania-higher-education-assistance-agency-pacommwct-1993.