Hessler v. York School District

85 Pa. D. & C. 171, 1953 Pa. Dist. & Cnty. Dec. LEXIS 269
CourtPennsylvania Court of Common Pleas, York County
DecidedMarch 9, 1953
Docketno. 83
StatusPublished

This text of 85 Pa. D. & C. 171 (Hessler v. York School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hessler v. York School District, 85 Pa. D. & C. 171, 1953 Pa. Dist. & Cnty. Dec. LEXIS 269 (Pa. Super. Ct. 1953).

Opinion

Sherwood, P. J.,

This matter is before the court on preliminary objections filed by defendant to plaintiffs’ complaint. On September 22, 1952, plaintiffs filed their complaint in assumpsit alleging that they are employed by the School District of the City of York as teachers of applied arts and vocational subjects, and that they were so employed during the 1950-51 and 1951-52 school terms. Each of the plaintiffs further averred that he had filed with the school district a certification from the Department of Public Instruction certifying that he had earned an additional 30 semester hours of credit in professional education in the teaching field in which he was engaged or in a field related thereto. Plaintiffs alleged that this certification entitled them to an increment in compensation, in addition to normal base salary [172]*172and increments, of $200 per year in accordance with sections 1144 and 1144.1 of the Public School Code of March 10, 1949, P. L. 30, as amended (hereinafter referred to as the code). The above allegations for present purposes must be accepted as true.

On October 10, 1952, the School District of the City of York filed preliminary objections to plaintiffs’ complaint alleging that section 1144,1 of the code did not entitle plaintiffs to the additional increment of $200 per school term referred to in section 1144, but only to the increments in compensation set out in section 1142 of the code.

The question before the court is: Is a teacher of applied arts and vocational subjects who holds a standard certificate and who has earned an additional 30 semester hours of credit in professional education in the teaching field in which he is engaged, or a field related thereto, entitled to an additional increment in compensation of $200 per school term pursuant to sections 1144 and 1144.1 of the code?

Section 1142 of the code establishes a minimum base salary for public school teachers, and provides for a minimum number of annual service increases or increments in compensation. This section as last amended in 1951 (Acts of December 27, 1951, P. L. 1776, 24 PS §11-1142), fixed the minimum base salary for teachers holding a standard certificate at $2,400 per year and provided for a minimum of eight annual service increases or increments of $200 each; it fixed the minimum base salary for teachers holding a college certificate at $2,400 per year and provided for a minimum of 10 annual service increases or increments of $200 each; and it fixed the minimum base salary for teachers holding a master’s degree at $2,400 per year and provided for a minimum of 12 annual service increases or increments of $200 each. Section [173]*1731142, supra, provides no financial incentive for a public school teacher to extend his professional training by acquiring a college certificate or a master’s degree until he has received all of the annual increments to which he is entitled in his lower classification. This would normally defer such incentive until the holder of a standard certificate had been teaching eight years or until the holder of a college certificate had been teaching 10 years.

So that there would be an immediate financial incentive to teachers to pursue further training, the legislature provided in section 1144 of the code (24 PS §11-1144), inter alia, as follows:

“Additional Increments for College Certificate or Master’s Degree — Any professional employee, . . . who, during the term of his employment, shall receive a college certificate or shall earn a master’s degree, shall, commencing with the next succeeding school term, be entitled to the compensation prescribed for his new status, which shall be at least two hundred dollars ($200) in excess of the increment earned by him during the previous year.”

This section granted an immediate annual increase, in compensation, of $200 to a teacher holding a standard certificate who took the initiative to earn a college certificate and a similar immediate increase to the holder of a college certificate who extended his training by earning a master’s degree. This increase or increment is paid even though the teacher has not received all annual service increments to which he is entitled in his prior classification. As a result, a teacher meeting these requirements receives a $400 annual increment for the school year following the receipt of his college certificate or his master’s degree.

The legislature, recognizing the special type of nonacademic training required of teachers of applied arts [174]*174and vocational subjects, amended the code in 1949 by adding to section 1144 a new section numbered 1144.1 (Act of May 11, 1949, P. L. 1088, 24 PS §11-1144.1), which provides:

“Teachers of Applied Arts and Vocational Subjects —Teachers of applied arts and vocational subjects who hold a standard certificate shall be entitled to the same minimum salary and increments as teachers who hold a college certificate.

“Teachers of applied arts and vocational subjects who hold a standard certificate and have earned an additional thirty (30) semester hours of credit in professional education in the teaching field in which said teacher is engaged or related thereto shall be entitled to the same minimum salary and increments as teachers holding a Master’s Degree.”

The fact that these additional hours of credit were completed by plaintiffs, in their various teaching fields, was duly certified by the Department of Public Instruction and this certification was filed with the local school district.

Shall a teacher meeting the requirements of section 1144.1, under the language of the section, “be entitled to the same minimum salary and increments as teachers holding a Master’s Degree”? We feel that this language, stripped of possible technical constructions, says quite clearly and plainly that a teacher meeting the requirements of the section shall, for purposes of compensation, be treated as one holding a master’s degree. The word “increments” is not restricted to any particular increments and normal language usage would indicate that it included not only the normal annual service increments provided for in section 1142 of the code, but also the additional incentive increment authorized in section 1144.

Defendant school district in its preliminary objections contends that a teacher, in order to qualify for [175]*175the additional incentive increment provided in section 1144, must hold a master’s degree, which under the terms of section 1141(5) of the code means a master’s degree secured from an approved college or university “or its equivalent”. The State Council of Education is directed to formulate equivalents for both a college certificate and a master’s degree. Plaintiffs do not deny that a teacher can earn the additional incentive set out in section 1144 by obtaining credits “equivalent” to a master’s degree; but to contend that this is the only method by which this additional incentive increment can be earned is to disregard section 1144.1 completely.

Section 1144.1 says, in effect, that in the case of a teacher of applied arts and vocational subjects the earning of 80 additional semester hours of credit in professional education in his field shall, for purposes of compensation, be treated as a master’s degree. The section does not require the teacher to have a master’s degree or its equivalent in order to enjoy the additional compensation for which it provides, and to construe it in such a manner is to disregard the clear language of the section.

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Related

Loushay Appeal
88 A.2d 793 (Supreme Court of Pennsylvania, 1952)
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84 A.2d 495 (Supreme Court of Pennsylvania, 1951)

Cite This Page — Counsel Stack

Bluebook (online)
85 Pa. D. & C. 171, 1953 Pa. Dist. & Cnty. Dec. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hessler-v-york-school-district-pactcomplyork-1953.