School District of Philadelphia v. Twer

447 A.2d 222, 498 Pa. 429, 1982 Pa. LEXIS 427
CourtSupreme Court of Pennsylvania
DecidedMarch 11, 1982
Docket361
StatusPublished
Cited by33 cases

This text of 447 A.2d 222 (School District of Philadelphia v. Twer) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School District of Philadelphia v. Twer, 447 A.2d 222, 498 Pa. 429, 1982 Pa. LEXIS 427 (Pa. 1982).

Opinions

OPINION OF THE COURT

NIX, Justice.

This is an appeal, by allowance, from the order of the Commonwealth Court1 affirming the order of the Pennsylvania Secretary of Education’s (Secretary) reinstating without loss of pay approximately 240 professional employees who had been demoted by the Board of Education of the School District of Philadelphia (Board or School Board) pursuant to a Board resolution adopted June 3d, 1977.2 The Commonwealth Court held that the professional employees were demoted in violation of the Public School Code of 1949.3 Specifically, the Commonwealth Court found the School Board had failed to provide each demoted professional employee a prior individualized hearing pursuant to section 11-1127 and thus allegedly failed to comply with the requirements for demotions under section 11-1151 of the School Code. We disagree.

[433]*433The facts giving rise to the instant controversy can be summarized as follows. On May 31,1977, the School District of Philadelphia adopted a budget which required substantial reductions from the budget submitted by the Superintendent of Schools.4 As a result of the adoption of this reduced budget, the Board was required inter alia to demote approximately 240 professional employees as part of an effort to cut expenditures. Demotion notices, dated June 9, 1977, were sent out to the affected professional employees advising them that demotion hearings would be scheduled for June 20,1977. These hearings were subsequently rescheduled for June 30, 1977 because of the death of a member of the Board of Education.

On June 30,1977, the School Board conducted one massive hearing for all the demoted employees. During this hearing the Board presented general testimony from the administration setting forth the financial situation of the system and establishing the need for the proposed budgetary cuts. All persons demoted, who were present at the June 30, 1977 meeting, were represented by counsel. Requests for individual hearings were denied by the Board. Requests for a continuance of the hearing were denied by the Board. The opportunity to cross-examine was limited to questions about the general guidelines followed. Counsel were not permitted to ask questions relating to their clients’ individual rights or to address the question as to the arbitrariness or capriciousness of the demotion as it may have related to a particular permanent professional employee. The right to present witnesses was limited to the presentation of evidence related to the general criteria or guidelines employed to select those individuals who were to be demoted. The Board indicated its intention to provide future hearings wherein the due process requirements of §§ 1127 and 1151 of the Code would be met.

[434]*434The question to be decided in this appeal is a narrow one; whether under the facts the demotion of appellees could occur prior to a proper hearing before the Board of School Directors. It is conceded that appellees were entitled to an individual hearing to establish that the action was neither arbitrary nor discriminatory. It is further agreed that the proceeding held prior to the demotion did not satisfy the statutorily required hearing. It is also agreed that the Board, in good faith, intended to provide for a full hearing and, if the result was favorable to the demoted employee, reinstatement and reimbursement for loss in pay would be appropriate. Appellees argue the requirement for a hearing prior to a demotion is an absolute and inflexible mandate. The Board argues that where it is acting in good faith, attempting to accomplish that which it was legally compelled to do and the granting of a prior hearing would be impossible to provide, the procedures sought to be employed here satisfied the statutory requirements involved. A resolution of the controversy requires an analysis of the relevant statutory provisions to ascertain the controlling legislative intent.

By way of preface, the dilemma of the Board is virtually conceded. In the spring of 1977, the Board asserted that it was confronted with entering the 1977-78 school year with a deficit of $173 million dollars. Under the Educational Supplement to the Philadelphia Home Rule Charter, the Board is charged to provide a balanced budget for each school year.

.... The total amount of proposed expenditures shall not exceed the amount of funds available for School District purposes.
351 Pa.Code, § 12-303(a).5

[435]*435See also, Danson v. Casey, 484 Pa. 415, 399 A.2d 360 (1979); Mastrangelo v. Buckley, 433 Pa. 352, 250 A.2d 447 (1969).

To meet these constraints the Board was required to reduce its labor force as well as to reduce salaries of a portion of its professional staff that were to be retained. These financial concerns could not in any way dilute the primary responsibility to maintain “a thorough and efficient system of public schools.” Pa.Const., Art. iii, § 14 (formerly Art. X, § 1). This observation, which should be obvious, apparently needs restating in view of the labor squabbles and disruptions all too frequently occurring today. Of equal importance is the fact that the maintenance of a public school system is primarily for the education and training of our youth and the incidental financial benefit of those participating therein is of secondary concern. Smith v. Darby School Dist., 388 Pa. 301, 130 A.2d 661 (1957); Walker v. Scranton School Dist., 338 Pa. 104, 12 A.2d 46 (1940). The polestar in any decision requiring the assignment of priorities of resources available for education must be the best interest of the student. Smith v. Darby School Dist., supra; Walker v. Scranton School Dist., supra; Walker’s Appeal, 332 Pa. 488, 2 A.2d 770 (1938); cf. Regan v. Stoddard, 361 Pa. 469, 65 A.2d 240 (1949).

We are acutely aware that “[t]he constitution has placed the educational system in the hands of the legislature, free from any interference from the judiciary save as required by constitutional limitations.” Smith v. Darby School Dist., supra, 388 Pa. at 311, 130 A.2d at 667. However, any interpretation of legislative pronouncements relating to the public educational system must be reviewed in context with the General Assembly’s responsibility to provide for a “thorough and efficient system” for the benefit of our youth. Warwick Bd. of Sch. Directors v. Theros, 494 Pa. 108, 430 A.2d 268 (1981) (Opinion in Support of Affirmance, O’Brien, C. J., joined by Nix, J. and Larsen, J.); Danson v. Casey, supra; Pennsylvania L. R. Bd. v. State College Area [436]*436School Dist., 461 Pa. 494, 337 A.2d 262 (1975); Pittsburgh School Dist. Condemnation Case, 430 Pa.

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Bluebook (online)
447 A.2d 222, 498 Pa. 429, 1982 Pa. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-district-of-philadelphia-v-twer-pa-1982.