Tyler v. Jefferson County-Du Bois Area Vocational Technical School

359 A.2d 761, 467 Pa. 595, 1976 Pa. LEXIS 645
CourtSupreme Court of Pennsylvania
DecidedJuly 6, 1976
Docket41
StatusPublished
Cited by11 cases

This text of 359 A.2d 761 (Tyler v. Jefferson County-Du Bois Area Vocational Technical School) 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
Tyler v. Jefferson County-Du Bois Area Vocational Technical School, 359 A.2d 761, 467 Pa. 595, 1976 Pa. LEXIS 645 (Pa. 1976).

Opinions

[598]*598OPINION OF THE COURT

O’BRIEN, Justice.

This appeal arises from an order of Commonwealth Court which sustained summary dismissal of appellant, Milton Tyler, from his employment with appellee, Jefferson County-Du Bois Area Vocational Technical School.

The facts surrounding this appeal are as follows. In September, 1968, appellant received a Provisional Teacher’s Certificate issued by the Commonwealth which authorized his teaching of the following courses: Business Education, Business English, Typing, Bookkeeping and Business Mathematics. Appellant was employed in September, 1971, by the appellee school district to teach Distributive Education. Since appellant’s provisional certificate did not include Distributive Education, he received from the Department of Education an “Interim Certificate” which permitted him to teach Distributive Education. In December, 1978, appellant’s interim certificate was amended to an “Instructional I Certificate” which also authorized him to teach Distributive Education.

In May of 1974, appellant received his first Temporary Professional rating by letter from Dr. George N. Nye, Superintendent of the appellee school district. The rating was unsatisfactory and Dr. Nye indicated that he would recommend to the school board that appellant be dismissed on grounds of incompetence and insubordination. By letter dated May 28, 1974, appellee terminated the employment contract of appellant, effective the end of the 1973-74 school year. The letter further informed appellant that a hearing was to be held on June 12, 1974. On that date, appellant, accompanied by counsel, appeared at the “hearing” but refused to proceed with the hearing because of the lack of a disinterested public stenographer and the School Board’s failure to furnish him with a detailed written statement of the charges.

[599]*599Appellant then filed a mandamus action in the Jefferson County Court of Common Pleas to compel the appellee school district to follow the mandatory dismissal requirements as set forth in the Public School Code of 1949, § 1127, 24 P.S. § 11-1127. The Jefferson County Court entered judgment for appellee and Commonwealth Court affirmed that order. We granted appellant’s petition for allowance of appeal and now reverse.

Appellant argues that he was a “professional employee” at the time of his dismissal and, therefore, was entitled to the procedural safeguards provided in § 1127 of the Public School Code of 1949. We agree.

The starting point of our analysis is the question of when appellant became a “temporary professional.” Section 11-1101 of the Public School Code of 1949 provides, inter alia,'.

“As used in this article,
“(1) The term ‘professional employe’ shall include those who are certificated as teachers .
“(3) The term ‘temporary professional employe’ shall mean any individual who has been employed to perform, for a limited time, the duties of a newly created position or of a regular professional employe whose services have been terminated by death, resignation, suspension or removal.” As amended October 5, 1967, P.L. 348, § 1; July 22, 1969, P.L. 172, § 1; November 30, 1971, P.L. 546, No. 144, § 1, 24 P.S. § 11-1101.

The above definitional section provides that the term “temporary professional employee” is any “individual who has been employed ¡, to perform, for a limited time” either the duties of a new position or the duties of a “professional employee” as defined by subsection (1) of this section, because of death, resignation or suspension. The record in the instant case establishes that ap[600]*600pellant was hired to perform the duties of a new position or to replace a “professional employee” in teaching Distributive Education.

The next step of the analysis requires us to determine whether appellant was qualified to be a temporary professional.

Section 1251(1) of the Public School Code provides:

“(1) ‘Teacher’ shall mean any person who holds a valid Pennsylvania teaching certificate.”

Section 1201 of the Code provides for nine different types of certificates which allow a person to teach in the schools, including:

“(9) . . . such other kinds of certificates as are issued under the standards prescribed by the State Board of Education. The State Board of Education shall also provide for issuance of certificates by district superintendents to meet such emergencies or shortage of teachers as may occur.” As amended October 21, 1965, P.L; 601, § 28; January 14, 1970, P.L. (1969) 468, § 42, effective July 1, 1970, 24 P.S. § 12-1201.

In the instant case, appellant held a valid “intern” or “interim” certificate issued as of October, 1971, pursuant to subsection (9) of the above-cited provision. Therefore, appellant is a certified teacher within the meaning of § 1101, subsection (1) of the Public School Code of 1949. See also Brentwood Borough Sch. Dist. Appeal, 439 Pa. 256, 267 A.2d 848 (1970).

Having found that appellant was an “individual” employed to perform the duties of a certificated teacher, and also finding that appellant is a certificated teacher, we are of the opinion that appellant became a temporary professional in October, 1971, when he was employed with a valid “Interim-Intern” Teaching Certificate.

Appellee contends that appellant did not gain “temporary professional” status until the issuance in December, [601]*6011973, of the Instructional I certificate. We do not agree. The foregoing statutory language does not differentiate between any of the nine certificates listed in § 1201 of the Code and, therefore, the holding of any one certificate would “certificate” an individual for purposes of § 1101.

Moreover, appellee contends that it could not rate appellant until he received the Instructional I certificate. We do not agree. The performance of an individual in his work is always susceptible to evaluation. The absence of a particular type of certificate in no way prohibits inquiry into and evaluation of class performance of individual instructors.

The next part of our inquiry requires us to determine when appellant did become a “professional employee”.

Section 11-1108 (a) and (b) of the Public School Code of 1949 provides in part:

“(a) It shall be the duty of the district superintendent to notify each temporary professional employe, 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 temporary professional employe shall be dismissed unless rated unsatisfactory, and notification, in writing, of such unsatisfactory rating shall have been furnished the employe within ten (10) days following the date of such rating. The rating of a temporary professional employe shall be done as provided in section one thousand one hundred twenty-three of this act.” As amended January 14, 1970, P.L. (1969) 468, § 38, effective July 1,1970,24 P.S. § 11-1108.

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Tyler v. Jefferson County-Du Bois Area Vocational Technical School
359 A.2d 761 (Supreme Court of Pennsylvania, 1976)

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Bluebook (online)
359 A.2d 761, 467 Pa. 595, 1976 Pa. LEXIS 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-jefferson-county-du-bois-area-vocational-technical-school-pa-1976.