# Elias v. Board of School Directors

> Supreme Court of Pennsylvania · March 22, 1966 · 421 Pa. 260

URL: https://www.frixlaw.com/law-library/cases/9695581

## Case

- **Full name:** Elias, Appellant, v. Board of School Directors; Wagner, Appellant, v. Board of School Directors
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 22, 1966
- **Citations:** 421 Pa. 260; 218 A.2d 738; 1966 Pa. LEXIS 651
- **Precedential status:** Published
- **Opinion:** Concurring in part by Roberts
- **Judges:** Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9695581

## Opinion text

Concurring and Dissenting Opinion by
Mr. Justice Roberts :
I concur in that portion of the majority opinion which holds that it was impermissible for the board of school directors to have dismissed plaintiffs from their positions as temporary professional employees without having complied with the mandatory rating requirement of §1108(a) of the Act of March 10, 1949, P. L. SO, 24 P.S. §11:1108.
However, I see no reason for concluding that the failure of the board of school directors to rate plaintiffs. should be treated as a satisfactory rating. Such a result is no more compelled than the conclusion that the failure to rate is equivalent to an unsatisfactory rating.
I dissent, therefore, from that portion of the majority opinion which holds that plaintiffs should be reinstated as permanent professional employees, a status which cannot be achieved absent a rating of satisfactory. Since no rating has been made with respect to either plaintiff, I would merely order their reinstatement as temporary professional employees with directions that they be rated in accordance ■ with the statutorily prescribed procedure.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9695581. Public record. Not legal advice.