Opinion

Phillis v. Board of School Directors of Mechanicsburg Area School District

  • 151 Pa. Commw. 497
  • 617 A.2d 830
  • 1992 Pa. Commw. LEXIS 696
Court
Commonwealth Court of Pennsylvania
Filed
Nov 17, 1992
Status
Published
Author
Kelley
On the bench
Colins, Craig, Doyle, Friedman, Kelley, Pellegrini, Smith
Cited by
2 cases

The opinion

KELLEY, Judge,

dissenting.

I respectfully disagree with the majority. I believe the language of 22 Pa.Code § 351.26 clearly requires that anecdotal records are essential to support an unsatisfactory rating. Accordingly, where the unsatisfactory rating is challenged, the absence of an anecdotal record into the record establishes an insufficient record for substantial evidence on appeal. This provision of the Code necessitates the introduction and record of an anecdotal record to establish substantial evidence. Without anecdotal records there cannot be substantial evidence, as a matter of law.

Accordingly, I would reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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