Gibbons v. New Castle Area School District

543 A.2d 1087, 518 Pa. 443, 1988 Pa. LEXIS 183
CourtSupreme Court of Pennsylvania
DecidedJuly 6, 1988
Docket91 W.D. Appeal Docket 1986
StatusPublished
Cited by21 cases

This text of 543 A.2d 1087 (Gibbons v. New Castle Area School District) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibbons v. New Castle Area School District, 543 A.2d 1087, 518 Pa. 443, 1988 Pa. LEXIS 183 (Pa. 1988).

Opinions

OPINION

ZAPPALA, Justice.

This case presents a question regarding the meaning, more precisely the scope, of Section 1125.1(c) of the Public School Code of 1949, 24 P.S. § 11-1125.1(c). That section, added to the Code by Act 1979-97, provides that “a school entity shall realign its professional staff so as to insure that more senior employes are provided with the opportunity to fill positions for which they are certificated and which are being filled by less senior employes.” The New Castle Area School District appeals by allowance a Commonwealth Court order reversing an order of the Lawrence County Court of Common Pleas on the basis of Section 1125.1(c) 93 Pa.Cmwlth. 28, 500 A.2d 922. Common Pleas Court had affirmed the school board’s decision to appoint Charles Gibbons, then the principal of Benjamin Franklin Junior High School, as assistant principal of New Castle Senior High School, although the senior high school principal, who was retained in that position, had less seniority.

In June of 1982, the school board decided to close George Washington Junior High School, one of the two schools in the district serving grades 7 through 9. Franklin, the remaining junior high school, was to thereafter accommo[446]*446date all of the district’s seventh and eighth grade students; the senior high school, which had previously encompassed grades 10 through 12, expanded to include the grade 9 students from both Washington and Franklin.

With the closing of Washington, two secondary administrator’s positions were abolished. The board returned the two administrators with the least seniority — the assistant principal of Franklin and the assistant principal of the senior high school — to teaching positions. Amen Hassen and Robert Navarra, principal and assistant principal of Washington, respectively, both more senior than Gibbons, were assigned to the corresponding positions at Franklin. Gibbons was reassigned as assistant principal at the senior high school, a position carrying the same salary as principal.

At Gibbons’s request, the board held a hearing to review the decision. In its adjudication affirming the reassignment, the board stated that it chose to retain Frank Dattilo as senior high school principal rather than appoint Gibbons to that position because Dattilo’s success and experience as principal of the high school was important in maintaining the established educational program. Lack of administrative experience with a high school or program of similar size was thought to be detrimental to the efficient operation of the high school, especially during the transition period when the ninth grade was being added.

The board’s adjudication of Gibbons’s challenge was made according to the standard applicable to personnel actions under Section 1151 of the Code, 24 P.S. § 11-1151, that the action not be “arbitrary, discriminatory, or based upon improper motives.” The board rejected Gibbons’s argument from Section 1125.1(c), concluding that that section was inapplicable where the employee has not demonstrated that a suspension has occurred; where the employee has not demonstrated that the action was taken for any of the reasons enumerated in Section 1124 (substantial enrollment decrease in district, or in particular classes or programs, consolidation of schools, reorganization of school districts); where the employee’s professional status has been un[447]*447changed; or where the alternative realignment would disrupt an established educational program. The board also found that Gibbons, being third on the seniority list, lacked standing to raise the issue of Section 1125.1(c) to claim one of two secondary principal positions.

Following Shestack v. General Braddock Area School District, 63 Pa.Commw. 204, 437 A.2d 1059 (1981), the common pleas court rejected the Board’s determination that Section 1125.1(c) applied only where the employee was suspended, but affirmed the adjudication. The court relied on Godfrey v. Penns Valley Area School District, 68 Pa.Commw. 166, 449 A.2d 765 (1982), in holding that the practicality of a realignment and its effect on the educational process within the school district must be considered in addition to seniority.

In Godfrey, the Commonwealth Court had affirmed on the basis of the trial court’s opinion. The school board had suspended Godfrey, the least senior member of his department, rather than realign the entire teaching staff by suspending from other departments two teachers with even less seniority than Godfrey, reassigning two members of Godfrey’s department with dual certifications out of Godfrey’s department to replace the suspended teachers, and allowing Godfrey to remain. The trial court read Section 1125.1(c) to require realignment only where the complaining professional was certified to assume a position being held by a less senior professional. The court also stated in dictum that even if a more extensive realignment was required by Section 1125.1(c) to accommodate the seniority of the staff members, the impact of such a realignment on the educational process was a valid consideration for the school board.

In deciding in the case at bar that the trial court and the board had erred in interpreting and applying Section 1125.-1(c), the Commonwealth Court reviewed a number of its own decisions involving that section and its predecessor. The court drew largely on the differences between the repealed Section 1125 and its replacement. Reading the [448]*448plain language of subsection (c), the court, through its cases, determined that

The obvious intention of Section 1125.1(c) is to require school districts to assign positions to their professional staff strictly on the basis of seniority, and to similarly realign their professional staff on the basis of seniority when personnel changes have to be made. There is no restriction in Section 1125.1(c) limiting the duty to realign only to those instances when personnel changes have to be made because of suspensions____

In Re: Appeal of Bernard E. Cowden, 87 Pa.Commw. 165, 169, 486 A.2d 1014, 1016 (1984). Because Gibbons was “certificated” as a secondary principal, and the high school principal position was being held by someone with less seniority, the court held that realignment undertaken by the board had to insure Gibbons's opportunity to fill the position to comply with the Code.

Since Shestack, the first case involving application of Section 1125.1(c), Commonwealth Court has relied heavily on the fact that the words of the statute are clear and free from ambiguity. In that case, the court determined that the procedural protections of Section 1125.1, that is, a hearing in accordance with the Local Agency Law, are available to challenge a demotion inconsistent with the seniority preference stated in subsection (c), even though the title of the section refers only to “Persons to be suspended ” (emphasis added). Use of the term “suspension” in the title was found not to control over the unqualified language of subsection (c).

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Gibbons v. New Castle Area School District
543 A.2d 1087 (Supreme Court of Pennsylvania, 1988)

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Bluebook (online)
543 A.2d 1087, 518 Pa. 443, 1988 Pa. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbons-v-new-castle-area-school-district-pa-1988.