Kudasik v. Board of Directors, Port Allegany School District

455 A.2d 261, 71 Pa. Commw. 443, 1983 Pa. Commw. LEXIS 1259
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 28, 1983
DocketAppeal, No. 432 C.D. 1981
StatusPublished
Cited by1 cases

This text of 455 A.2d 261 (Kudasik v. Board of Directors, Port Allegany 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
Kudasik v. Board of Directors, Port Allegany School District, 455 A.2d 261, 71 Pa. Commw. 443, 1983 Pa. Commw. LEXIS 1259 (Pa. Ct. App. 1983).

Opinion

Opinion by

Judge Williams, Jr.,

Karen Kudasik, a school teacher, has appealed from an order of the Court of Common Pleas of Mc-Kean County affirming her dismissal from employment by the Board of Directors of the Port Allegany School District (School Board). The Court of Common Pleas heard the matter pursuant to Section 752 of the Local Agency Law.1 The instant appeal is the third time this same matter has come before our Court.

Karen Kudasik graduated from college in 1973 with a bachelor’s degree in education. Shortly thereafter, she was certified by the Pennsylvania Department of Education as a teacher in the area of elementary education. In January 1974, the School Board hired Miss Kudasik as a temporary professional employee to replace a teacher who had been transferred. Kudasik was assigned to teach a third level class at the Arnold Elementary School.

During the Spring of 1974, the principal of the elementary school and the Superintendent of the Port Allegany School District made a series of observations of Kudasik’s classroom performance. Based on those observations, Karen Kudasik was given an unsatisfactory rating for the period from January to June, 1974. The rating was set forth on a “Professional and Temporary Employe’s Eating Sheet,” which was dated July 8,1974 and signed by the Superintendent of the School District. As a result of the unsatisfactory rating, the School Board decided to terminate Miss Kudasik’s services; and so advised her in a letter dated July 10, 1974. Upon receiving [445]*445the letter of termination Kudasik requested a hearing before the School Board.

On September 11, 1974, Miss Kudasik was given a hearing before a special meeting of the School Board. At that time Kudasik was questioned by her attorney, as was a witness called in her behalf. However, neither Karen Kudasik nor her witness was put under oath; and no transcript or record was made of their testimony. The School District presented no evidence. As a result of the hearing, or meeting, the School Board voted to affirm Kudasik’s dismissal. Following an unsuccessful appeal to the Court of Common Pleas of McKean County, Kudasik appealed to our Court. We reversed the lower court and remanded the matter for a new hearing before the School Board. The reason for our remand order was that the School Board’s hearing of September 11, 1974 did not comply with the requirements of the Local Agency Law.2 Kudasik v. Port Allegany School District, 23 Pa. Commonwealth Ct. 208, 350 A.2d 887 (1976).

Pursuant to our mandate, the School Board conducted a new hearing on June 4, 1976. At that hearing, which was attended by seven of the nine Board members, the School District presented testimony and other evidence concerning the unsatisfactory rating that had been given to Karen Kudasik. Miss Kudasik also appeared, with counsel, and presented evidence in her own behalf.

At the new hearing, the main evidence in support of Kudasik’s unsatisfactory rating consisted of the testimony of Mr. Ronald Ungerer, the principal of the school where she taught; and the testimony of Dr. [446]*446Albert Skelton, tbe Superintendent of tbe School District.

Mr. lingerer testified that be observed Karen Kudasik on April 11, 1974 for tbe purpose of formally evaluating ber teaching performance. He also observed ber on May 9, 1974, for that same purpose, and again on May 30,1974. According to Mr. Ungerer, each of those classroom observations caused him to note that Miss Kudasik was deficient in pupil control and in curriculum organization. Ungerer also testified that, after each of bis classroom observations, be conferred with tbe teacher to assist ber in overcoming tbe problems be bad observed, but saw no improvement by tbe end of tbe school year.

Dr. Skelton stated that be bad been Superintendent for 17 years, and that bis certifications qualified him to evaluate teacher performance. Dr. Skelton testified that be visited Miss Kudasik’s classroom on May 6, 1974 to observe ber for tbe purpose of a formal evaluation. On that occasion, Miss Kudasik was teaching reading and spelling to a class of 13 third level children. Dr. Skelton observed ber for about 45 minutes that day, and made notes relative to ber teaching performance. According to Dr. Skelton, the teacher was not using classroom time effectively, and was applying improper instructional techniques. Tbe Superintendent also noted a deficiency in classroom control, and that tbe students were allowed to engage in undirected, random activity. Dr. Skelton further testified that on May 30,1974, be conferred with Miss Kudasik about tbe deficiencies be perceived on May 6.

Dr. Skelton added that tbe unsatisfactory rating be gave Miss Kudasik reflected tbe evaluation Mr. Ungerer submitted to him in June 1974, at tbe end of that school year. Both Skelton and Ungerer told tbe [447]*447Board that the rating considered Miss Kudasik’s lack of experience, and the fact that she began teaching at mid-year without much time for orientation.

Miss Kudasik testified that she felt she had taught to the best of her ability under the circumstances, and that she had adequately prepared and followed her lesson plans. She added that, in her view, her problems were caused by her newness at the school, and by the lack of adequate orientation before assuming her duties. She also attributed her difficulties to her discomfort with the school’s team concept of teaching, and opined that her team leader did not like her. Miss Kudasik further testified that she sought to follow the recommendations of Dr. Skelton and Mr. Ungerer concerning their observations, and felt that she had corrected many of the deficiencies they had pointed out, especially in the area of classroom control. Miss Kudasik stated, moreover, that when she conferred with Dr. Skelton on May 30, 1974, he told her that her progress was satisfactory. The evidence in this case indicates that there was no observation of Kudasik after May 30, 1974; and, according to her, June 7, 1974 was the first time she was informed that she would receive an unsatisfactory rating.

In addition to her own testimony, Miss Kudasik presented four other school teachers as witnesses in her behalf. The testimony of those witnesses was, in the main, about discussions they had with Kudasik. Moreover, of those four witnesses, none had observed Karen Kudasik in a classroom; and none had a certified qualification to evaluate another teacher.

The hearing of June 4, 1976 was transcribed by a court reporter, and a copy of the transcription was supplied to each member of the School Board for consideration. Then, at a special meeting of the Board held on November 11, 1976, the matter of Karen [448]*448Kudasik’s dismissal was put to the Board members in the form of a motion for her termination. The motion was stated in terms of being based on the unsatisfactory rating, and the testimony given at the hearing of June 4. 1976. By a roll-call vote of six to three, the Board decided in favor of the motion and to confirm the unsatisfactory rating. That vote was entered in the minutes of the meeting as the decision of the Board.

Following the School Board’s decision at its special meeting of November 11, 1976, Karen Kudasik again appealed to the Court of Common Pleas of McKean County.

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Related

Phillis v. Board of School Directors of Mechanicsburg Area School District
617 A.2d 830 (Commonwealth Court of Pennsylvania, 1992)

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Bluebook (online)
455 A.2d 261, 71 Pa. Commw. 443, 1983 Pa. Commw. LEXIS 1259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kudasik-v-board-of-directors-port-allegany-school-district-pacommwct-1983.