Pookman v. SCH. DIST. OF UP. ST. CLAIR TP.

483 A.2d 1371, 506 Pa. 74, 1984 Pa. LEXIS 365

• Court: Supreme Court of Pennsylvania
• Decided: November 20, 1984
• Docket: 39 W.D. Appeal Docket 1984
• Status: Published

Opinions

OPINION OF THE COURT

LARSEN, Justice.

The issue presented by this case is whether certain teacher employees (appellees) were tenured or non-tenured in relation to the Upper St. Clair school district’s (appellant’s) decision not to renew these teacher employees’ contracts.

Appellees, Rona Pookman, Frank Eisenreich and Janis Muraca, were hired by the Upper St. Clair school district in August, 1979. During appellees’ second year of teaching, on April 30, 1981, the district decided not to renew their contracts, due to a significant decline in student enrollment in the district.¹ The district’s decision was to take effect on June 12, 1981, which was to be the last day of appellees’ contracts for that year.

Unlike non-tenured employees, tenured employees are entitled to considerations of seniority.² It is not disputed that on the date that the school district’s decision was made, appellees were not tenured. Appellees argue, however, that since, under the School Code, a teacher who has two years of service and has not been rated unsatisfactory automatically receives tenure, and, since the district’s decision was not to take effect until the last day of their second year of service, they should be considered tenured employees. Thus, appellees conclude, they should have retained their teaching positions and other employees (who had less seniority but who were tenured because of their service in another school district) should have been furloughed instead.

After a hearing before the Upper St. Clair school board, the board affirmed the district’s non-renewal decision. On appeal, the Court of Common Pleas of Allegheny County also affirmed. The Commonwealth Court reversed, however, holding that appellees were tenured employees when the district’s decision took effect. Pookman v. School District of the Township of Upper St. Clair, 80 Pa. Commw. 14, 470 A.2d 1110 (1984). We granted the school district’s petition for allowance of appeal, and we now reverse.

The standard of review in this case is defined by local agency law. Section 754(b) of the Code of Administrative Procedure provides, in pertinent part:

(b) [A reviewing] court shall affirm the adjudication [of a local agency] unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter B of Chapter 5 (relating to practice and procedure of local agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence.

2 Pa.C.S.A. § 754(b). Applying this standard to the instant case, we note that appellees do not claim that their constitutional rights were violated, nor do they complain about any of the school board’s hearing procedures. Furthermore, the facts of the case are not in dispute. Our task, therefore, is to simply determine whether the board committed an error of law and, if so, to correct that error. Pease v. Millcreek Township School District, 412 Pa. 378, 195 A.2d 104 (1963).

The acquisition of tenure by the employees of our public schools is governed by the Public School Code, 24 P.S. § 1-101, et seq., and the issue of whether appellees were tenured or non-tenured in relation to the school district’s nonrenewal decision is solely a matter of statutory construction.

, The provisions relating to the acquisition of tenure are set out in Section 1108 of the Code, which provides, in pertinent part:

§ 11-1108. [Non-tenured employees]

(a) It shall be the duty of the district superintendent to notify each [non-tenured employee], at least twice each year during the period of his or her employment, of the professional quality, professional progress, and rating of his or her services. No [non-tenured employee] shall be dismissed unless rated unsatisfactory, ...

(b) A [non-tenured employee] whose work has been certified by the district superintendent to the secretary of the school district, during the last four (Jf) months of the second year of such service, as being satisfactory shall thereafter be a [tenured employee] .... The employe shall then be tendered forthwith a regular contract of employment as provided for [tenured employees] ____

(c) Any [non-tenured employee] who is not tendered a regular contract of employment at the end of two years of service, rendered as herein provided, shall be given a written statement signed by the president and secretary of the board of school directors and setting forth explicitly the reason for such refusal.³

24 P.S. § 11-1108 (emphasis added).

Giving effect to all of these provisions, as we must under the Statutory Construction Act of 1972, 1 Pa.C.S.A. § 1921, it is clear that the legislature intended to provide for a two year period during which an employee is to be non-tenured. The school district is not required to tender a “regular contract of employment” to a non-tenured employee at any time before the “end of two years of service.” If the district decides not to offer such a “regular contract” to the non-tenured employee, it may do so by giving the required written statement to the employee at “the end” of the two year period. 24 P.S. § 11-1108(c). It is apparent, therefore, that the legislature intended to establish a full two year period as the line of demarcation between tenured and non-tenured employees. Thus, when a district’s decision not to renew a non-tenured employee’s contract is to take effect at any time up to and including the last day of the second year, that employee remains non-tenured. Both the school district and the non-tenured employee will thus have the benefit of having a full two year period in which to perform and in which to have that performance observed and critiqued.

In the instant case, since the school district’s decision not to renew appellees’ contracts was to take effect on the last day of their second year of service, appellees were non-tenured. Therefore, the school board was correct in upholding the district’s non-renewal decisions.

Accordingly, the order of the Commonwealth Court is reversed and the order of the Court of Common Pleas of Allegheny County is reinstated.

McDERMOTT, J., concurred in the result. NIX, C.J., filed a dissenting opinion which ZAPPALA, J., joined. ZAPPALA, J., filed a dissenting opinion. PAPADAKOS, J., did not participate in the consideration or decision of this case.

1 . A school board is authorized to furlough the necessary number of employees when there is a substantial decrease in pupil enrollment in the district. 24 P.S. § 11-1124(1).

2 . Phillippi v. School District of Springfield Township, 28 Pa.Commw. 185, 367 A.2d 1133 (1977).

3 . The language used by the Code is actually “temporary professional employe" and "professional employe”, rather than non-tenured employee and tenured employee, respectively. Section 1108(d) makes it clear, however, that the only thing distinguishing temporary professional employees from professional employees is tenure. 24 P.S. § 11-1108(d) provides that “[t]emporary professional employes shall for all purposes except tenure status be viewed in law as full-time employes, and shall enjoy all the rights and privileges of regular full-time employes." (Emphasis added.) Since there is essentially no difference in meaning, we will use the more familiar "tenured/non-tenured” classifications.