Sporie v. Eastern Westmoreland Area Vocational-Technical School

408 A.2d 888, 47 Pa. Commw. 390, 1979 Pa. Commw. LEXIS 2226
CourtCommonwealth Court of Pennsylvania
DecidedNovember 27, 1979
DocketAppeal, No. 2264 C.D. 1978
StatusPublished
Cited by16 cases

This text of 408 A.2d 888 (Sporie v. Eastern Westmoreland Area Vocational-Technical School) 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
Sporie v. Eastern Westmoreland Area Vocational-Technical School, 408 A.2d 888, 47 Pa. Commw. 390, 1979 Pa. Commw. LEXIS 2226 (Pa. Ct. App. 1979).

Opinion

Opinion by

Judge Mencee,

This is a local agency appeal1 by Frank T. Sporie (petitioner) from an order of the Court of Common Pleas of Westmoreland County affirming petitioner’s suspension from his teaching duties at Eastern Westmoreland Area Vocational-Technical School (VoTech) pursuant to Section 1124 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §11-1124. We affirm.

Petitioner, a professional employee certified to teach agriculture, was suspended by the Joint Operating Committee of Vo-Tech (Committee) when VoTech’s agricultural program was curtailed by the [392]*392elimination of vocational agriculture in accordance with, a recommended curriculum change accompanying a move to new facilities. The Committee sustained petitioner’s suspension, effective August 29, 1976, after several hearings at which petitioner contested the evidence utilized by the Committee to support its decision. On appeal, the Court of Common Pleas of Westmoreland County affirmed, and this appeal followed.

We have previously held that a professional employee, as defined by Section 1101 of the Code, 24 P.S. §11-1101, may be suspended only for the reasons listed in Section 1121 of the Code. See Theros v. Warwick Board of School Directors, 42 Pa. Commonwealth Ct. 296, 401 A.2d 575 (1979); Fatscher v. Springfield School District, 28 Pa. Commonwealth Ct. 170, 367 A.2d 1130 (1977). See also Alberts v. Garofalo, 393 Pa. 212, 142 A.2d 280 (1958); Bragg v. Swarthmore School District, 337 Pa. 363, 11 A.2d 152 (1940). A suspension for any other reason is invalid and will result in the reinstatement of the professional employee, with back pay, even if his former position has been abolished. See, e.g., Alberts, supra; Theros, supra.

Here, petitioner was suspended pursuant to Section 1121(2), which reads as follows :

Any board of school directors may suspend the necessary number of professional employes, for any of the causes hereinafter enumerated:
(2) Curtailment or alteration of the educational program on recommendation of the superintendent, concurred in by the board of school directors, approved by the Department of Public Instruction, as a result of substantial decline in class or course enrollments or to conform with standards of organization or educational activities required by law or reeom[393]*393mended by the Department of Public Instruction. ...

Petitioner argues that the undisputed alteration in VoTech ’s educational program did not result from the requisite “substantial decline in class or course enrollment” and therefore his suspension is invalid.

We agree with petitioner that the evidence relied on by the Board does not establish a substantial decrease in student enrollment in Agricultural Production. Yet it does provide substantial evidence to support the Committee’s decision to alter the educational program at Vo-Tech “to conform with standards of organization or educational activities required by law. 7 7

In Ehret v. Kulpmont Borough School District, 333 Pa. 518, 5 A.2d 188 (1939), the Supreme Court sustained the suspension of a professional teacher when the school board abolished her department because of budgetary concerns. Finding that the legislature was constitutionally empowered to provide for a thorough and efficient school system2 and that the legislature in turn mandated school boards to hire only those teachers necessary to operate the schools,3 the Court rejected the teacher’s contention that her suspension was invalid because the abolition of a department was not among the reasons for dismissing employees listed in Section 1205(a) of the School Code of 1911.4 To rule [394]*394otherwise, in the Court’s view, would greatly burden the taxpayers and seriously disrupt the school board’s objective of providing a quality education for the children of the Commonwealth. As stated b.y Chief Justice Kephaut, writing for a unanimous Court:

To sustain appellee’s contention that a teacher whose department has been discontinued must be retained, and the board compelled to pay her while she is idle, would seriously handicap our educational policies. Many new fields of experimentation have been launched by our school authorities. Some have been found unsuccessful in accomplishing their purpose, and if appellee’s position is upheld, no school board would risk the establishment of any new department, which in the event of failure must be continued or its idle teachers paid.
As we have stated before, the purpose of the Tenure Act was to maintain an adequate and competent teaching staff, free from political and personal arbitrary interference, whereby capable and competent teachers might feel secure and more efficiently perform their duty of instruction, but it was not the intention of the legislature to confer any special privileges or immunities upon professional employees to retain permanently their position and pay regardless of a place to work and pupils to be taught; nor was it the intention of the legislature to have the Tenure Act interfere with the control of school policy and the courses of study selected by the administrative bodies; nor was it the intention of the legislature to disrupt a school district’s financial scheme, which must be .operated upon a budget limited by the Code, that cannot be exceeded except in the manner provided by the legislature. If the teacher must [395]*395be retained in the circumstances before us, the discretion of the board over its educational policies would be largely eliminated.
When an entire department is lawfully abolished for valid reasons, which may include financial ones, in the interest of a more efficient system, the teachers in that department can be dismissed. Economy is desirable in any governmental function, and we cannot so view the present legislation as to prevent the abolition of a department for this purpose. (Footnotes omitted.)

333 Pa. at 524-25, 527-28, 5 A.2d at 191-92, 193.

See also Jones v. Holes, 334 Pa. 538, 6 A.2d 102 (1939); Walker’s Appeal, 332 Pa. 488, 2 A.2d 770 (1938).

Just as the Court in Ehret found school boards vested with a general power, under the School Code of 1911, to suspend tenure teachers who are no longer necessary for the efficient operation of the school district because their department has been abolished, we find that school boards possess a similar power under the existing school code. By allowing the suspension of professional employees upon the alteration or curtailment of an educational program “to conform with standards of organization . .. required by law” and

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408 A.2d 888, 47 Pa. Commw. 390, 1979 Pa. Commw. LEXIS 2226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sporie-v-eastern-westmoreland-area-vocational-technical-school-pacommwct-1979.