Piazza v. Millville Area School District

624 A.2d 788, 155 Pa. Commw. 176, 1993 Pa. Commw. LEXIS 245
CourtCommonwealth Court of Pennsylvania
DecidedApril 21, 1993
DocketNo. 975 C.D. 1992
StatusPublished
Cited by1 cases

This text of 624 A.2d 788 (Piazza v. Millville Area 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
Piazza v. Millville Area School District, 624 A.2d 788, 155 Pa. Commw. 176, 1993 Pa. Commw. LEXIS 245 (Pa. Ct. App. 1993).

Opinion

WRIGHT, Senior Judge.

Louis Piazza (hereinafter “Petitioner”) appeals an order of the Secretary of Education of the Commonwealth of Pennsylvania (hereinafter “Secretary”) dismissing Petitioner’s appeal of the Millville Area School District Board of Education’s (hereinafter “Board”) determination that the Millville Area School District’s (hereinafter “Respondent”) demotion of Petitioner from a full-time professional employee to a three-fourths time professional employee was both valid and warranted under the Public School Code (hereinafter “Code”).1

The record reflects that Petitioner is Respondent’s professional employee. Specifically, Petitioner is certified to teach music education, kindergarten through twelfth grade, and has served in this capacity as well as Respondent’s Band Director for approximately eleven (11) years. In December of 1989, Petitioner resigned as Band Director but otherwise continued his full-time professional employment with Respondent during the 1989-90 academic school year.

Certain circumstances surrounding Petitioner’s employment with Respondent must be brought to fore:

-during the 1987-88 academic school year, the Band enrollment totaled 102 students;
-during the 1989-90 academic school year, the Band enrollment totaled ninety-three (93) students; and, -during the 1990-91 academic school year, the Band enrollment totaled seventy-three (73) students.2

[180]*180Respondent avers that it was due to this trend of declining enrollment in both the Band program as well as the Music program that precipitated certain changes:

-Respondent curtailed its high school music program; and,
-on or about August 13, 1990, Respondent voted to change Petitioner’s duties from a full-time professional employee to a three-fourths time professional employee.

Both Petitioner and Respondent agree that this change in Petitioner’s duties constituted a demotion of Petitioner.

Petitioner did not consent to this demotion and pursuant to applicable Pennsylvania law, Petitioner requested a hearing before the Board. See 24 P.S. § 11-1151 (Salary increases, demotions)3. Subsequently, the Board conducted a hearing to consider the validity of Petitioner’s demotion. On or about January 14, 1991, the Board determined that Respondent’s demotion of Petitioner was both valid and warranted under the circumstances.

Petitioner timely appealed the Board’s determination to the Secretary averring his demotion was arbitrary because:

-the Board did not consider Petitioner’s seniority in its determination; and,
-the demotion was merely the Board’s retaliation for Petitioner having resigned as Band Director.

On or about April 7,1992, the Secretary dismissed Petitioner’s appeal finding Petitioner failed to establish that the Board’s affirmation of Respondent’s demotion of Petitioner was either arbitrary or founded upon improper considerations. Furthermore, the Secretary found it did not have jurisdiction over Petitioner’s claim that the Board failed to consider seniority when the Board demoted Petitioner.

[181]*181Petitioner has timely appealed to the Commonwealth Court of Pennsylvania (hereinafter “Court”) averring the Respondent’s failure to consider seniority and realignment with respect to Petitioner’s demotion was both arbitrary and capricious and thereby in contravention of applicable Pennsylvania law. This secondary review of a Commonwealth agency’s determination followed.

DISCUSSION

The Commonwealth Court’s review of an order of the Secretary of Education dismissing an appeal from the demotion of an employee is limited to a determination of:

-whether the secretary’s adjudication was in accordance with the law;
-whether the petitioner’s constitutional rights were violated; and,
-whether the findings of the secretary were supported by substantial evidence.

Brown v. School District of Cheltenham Township, 53 Pa. Commw. 483, 417 A.2d 1337 (1980) (interpreting 24 P.S. § 11— 1151).

Generally, under 24 P.S. sec. 11-1151, a professional school employee may be demoted only if the demotion is not arbitrary or capricious, and only after the employee has consented to the demotion or has been accorded procedural safeguards set forth by the Public School Code Act. Jost v. Phoenixville Area School District, 267 Pa.Super. 461, 406 A.2d 1133 (1979) (interpreting 24 P.S. sec. 11-1151 within the context of demotions). Demotions pursuant to the Public School Code are presumptively valid, and an employee has a heavy burden of proving that the school board acted arbitrarily or upon improper considerations. Green v. Jenkintown School District, 65 Pa.Commw. 68, 441 A.2d 816 (1982) (interpreting 24 P.S. § 11-1151 within the context of burden of proof). See also Williams v. Abington School District, 40 Pa.Commw. 535, 397 A.2d 1282 (1979) (demoted employee bears heavy burden of proving school board acted arbitrarily or upon improper considerations); Sharon City School Dis[182]*182trict v. Hudson, 34 Pa.Commw. 278, 383 A.2d 249 (1978) (demoted employee has burden of proving school board’s action to be arbitrary, discriminatory, or founded upon improper considerations), superseded by statute in Fry v. Commonwealth, 86 Pa.Commw. 206, 485 A.2d 508 (1984) (neither overruled nor discussed a professional school employee’s burden of proof on appeal).

Respondent avers that Petitioner’s demotion was grounded in the fact that enrollment was steadily declining in both the Band program as well as the Music program.

On the other hand, Petitioner relies upon a Pennsylvania statute to support his argument that a school district must consider both seniority and realignment in the demotion of its professional employees. See 24 P.S. § 11-1125.1 (Persons to be suspended). The Court notes that the aforementioned statute must be considered in conjunction with 24 P.S. § 11-1124 (Causes for suspension); 24 P.S. § 11-1124 enumerates specific reasons for which a professional school employee may be suspended by any board of school directors. . Specifically, Petitioner avers 24 P.S. § ll-1125.1(c) addresses the crux of his argument: “A school entity [Respondent] shall realign its professional staff so as to insure that more senior employees are provided with the opportunity to fill positions for which they are certificated and which are being filled by less senior employees.” 24 P.S. § ll-1125.1(c).

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Bluebook (online)
624 A.2d 788, 155 Pa. Commw. 176, 1993 Pa. Commw. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piazza-v-millville-area-school-district-pacommwct-1993.