Hahn v. Marple Newtown School District

1 Pa. D. & C.4th 198, 1989 Pa. Dist. & Cnty. Dec. LEXIS 316
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedJanuary 18, 1989
Docketno. 87-3353
StatusPublished

This text of 1 Pa. D. & C.4th 198 (Hahn v. Marple Newtown School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Delaware County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hahn v. Marple Newtown School District, 1 Pa. D. & C.4th 198, 1989 Pa. Dist. & Cnty. Dec. LEXIS 316 (Pa. Super. Ct. 1989).

Opinion

LABRUM, J.,

FINDINGS OF FACT

(1) Plaintiffs, Robert Hahn, Robert Riehs and Joel Entler were professional employees of the Delaware County Intermediate Unit and were certified, pursuant to 24 P.S. §12-1201 et seq. 'of the Public School Code; to teach mathematics.

(2) In September 1973, Joel Entler was first employed by .the Delaware County Intermediate Unit to teach mathematics in the Vocational Technical School, and continued to teach mathematics until August 31, 1986, when he was suspended by the Intermediate Unit, for reasons of substantial decline in pupil enrollment, said suspension operational pursuant to 24 P.S. §11-1124.

(3) Following the suspension, Joel Entler was unemployed until January 1988, during which time [199]*199he received unemployment compensation of $3,150 for 1986 and $2,925 for 1987.

(4) In January 1988, Joel Entler was hired by the Philadelphia School District as a mathematics teacher at an annual salary of $30,417.

(5) In November 1972, Robert Hahn was employed by the Delaware County Intermediate Unit to teach mathematics in the Vocational Technical School and continued in that position until August 31, 1986, when he was suspended by the Intermediate Unit for reasons of substantial decline in pupil enrollment, pursuant to 24 P.S. §11-1124.

(6) Following his suspension, Robert Hahn was unemployed until November 1, 1986, during which time he received $1,818 in unemployment compensation. ,

(7) On November 1, 1986, Robert Hahn was hired as a long-term substitute teacher by the Upper Darby School District and earned the sum of $16,176.96 for the 1986-87 school year.

. (8) Plaintiff Robert Hahn was employed by the Eastern Montgomery County Vocational Technical School for the 1987-88 school year at an annual salary of $31,195.

(9) In September 1970, Robert Riehs was employed by the Delaware County Intermediate Unit to teach mathematics in the Vocational Technical School, and continued in that position until August 31, 1986, when he was suspended, by the Intermediate Unit for reasons of substantial decline in pupil enrollment, pursuant to 24 P.S. §11-1124.

(10) Following his suspension, Robert Riehs was hired by the Newcastle County, Delaware, Vocational Technical School on September 6, 1986 for a 1986-87 school year salary of $29,681.95 and a 1987-88 school year salary of $36,974.

[200]*200(11) The total enrollment in the Delaware County Vocational Technical Schools from all school districts in 1985-86 was 2,017 students, of which 434 received mathematics instruction at the Vocational Technical School.

(12) The total enrollment in the Delaware County Vocational Technical Schools from all school districts for the 1986-87 school year was 1,527 of which 21 students received' mathematics instruction in the Vocational Technical Schools.

(13) During the 1985-86 school year, 282 William Penn School District students were enrolled in the Vocational Technical Schools, of which 57 students received mathematics instructions at the Vocational Technical Schools.

(14) During the 1986-87 school year, 159 William Penn School District students were enrolled at the Vocational Technical Schools, of which three received mathematics instructions at the Vocational Technical Schools.

(15) During the 1986-87 school year, 71 Marple Newtown School District students were enrolled in the Vocational Technical Schools, of which 18 received mathematics instructions at the Vocational Technical Schools.

(16) During the 1987-88 school year, 91 Marple Newtown School District students were enrolled at the Vocational Technical School, of which one received mathematics instructions at the Vocational Technical Schools.

(17) During the 1986-87 school year, the sending school districts were not charged any additional tuition by the Intermediate Unit for students to receive mathematics instructions in the Vocational Technical Schools.

(18) For the 1986-87 school year, the Delaware County Intermediate Unit charged the sending [201]*201school districts at the rate of $366 per year for each student enrolled in mathematics instructions at the Delaware County Intermediate Unit.

(19) On August 29, 1986, the Marple Newtown School District hired Stephen Subers to teach mathematics in the senior high school, replacing Michael Flannery, who resigned June 17, 1986.

(20) On September 15, 1986, the William Penn School District hired Donna H. Arimoto as a high school mathematics teacher, replacing D. Neil, who resigned.

(21) On June 10, 1986, plaintiffs, through their counsel, wrote to defendants advising that they were exercising their rights to employment to fill any math vacancies, pursuant to 24 P.S. §11-1113.

(22) Defendants have not offered employment to any of the mathematics teachers suspended by the Delaware County Intermediate Unit involved in this matter.

(23) During the 1985-86 academic year, the Delaware County Intermediate Unit offered math courses at its three Vocational Technical Schools; Folcroft, Aston and Marple.

(24) During the 1986-87 school year, the Delaware County Intermediate Unit offered mathematics only at its Marple Vocational Technical School.

(25) Prior to 1986-87, the Delaware County Intermediate Unit required that students enrolled in certain vocational technical programs also enroll in mathematics at the Vocational Technical School. For the 1986-87 school year, the Intermediate Unit no longer required that mathematics be studied at the Vocational Technical Schools and eliminated most mathematics classes.

(26) The Pennsylvania Department of Education requires that in grades 9 through 12 every student [202]*202must take at least three units of mathematics. 22 Pa. Code §5.5.

(27) After 1985-86, students enrolled in the Vocational Technical Programs at Aston and Folcroft could no longer satisfy their mathematics requirements by enrolling in mathematics courses at the Vocational Technical Schools since these courses were no longer offered at these facilities. Rather, those students could only meetthe math requirements of the Pennsylvania Department of Education by enrolling in mathematics courses offered in their home school district.

DISCUSSION

This matter is an action in mandamus and is seemingly a case of first impression under the Transfer of Entities Act of the Public School Code, 24 P.S. § 11-1113. The section provides in pertinent part:

“(a) When a program or class is transferred from one or more school entities to another school entity or entities, professional employees who are classified as teachers and are suspended as a result of the transfer and who are properly certificated shall be offered employment in the program or class by the receiving entity or entities when services of a professional employee are needed to sustain the program or class transferred, as long as there is no suspended professional employee in the receiving entity who is properly certificated to fill the position in the transferred class or program.

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Bluebook (online)
1 Pa. D. & C.4th 198, 1989 Pa. Dist. & Cnty. Dec. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hahn-v-marple-newtown-school-district-pactcompldelawa-1989.