Opinion

Dallap v. Sharon City School District

  • 524 Pa. 260
  • 571 A.2d 368
  • 1990 Pa. LEXIS 64
Court
Supreme Court of Pennsylvania
Filed
Mar 12, 1990
Status
Published
Author
Larsen
On the bench
Zappala, Nix, Larsen, Flaherty, McDermott, Papadakos
Cited by
8 cases
Authority
More cited than 8.8%

holding that where circumstances admit of more than one possible realignment, the District may consider the impact of each on the educational program to determine which is most sound, so long as within the chosen plan more-senior employees are provided with the opportunity to fill positions for which they are certificated and which are being filled by less-senior employees

How later courts described this case

  • holding that where circumstances admit of more than one possible realignment, the District may consider the impact of each on the educational program to determine which is most sound, so long as within the chosen plan more-senior employees are provided with the opportunity to fill positions for which they are certificated and which are being filled by less-senior employees

Written by the judges who cited it.

The opinion

LARSEN, Justice,

concurring and dissenting.

Although I agree with the majority that the order of Commonwealth Court upholding the suspensions of the appellant teachers herein who had more seniority than others with the same certification must be reversed, I object to the attempt of the majority to read into section 11-1125.1 of the Public School Code, Act of March 10, 1949, as amended 24 P.S. § 1125.1, any intention on the part of the Legislature to permit school administrators to continue to exercise discretion in the realignment of professional staff. See Duncan v. Rochester Area School Board, 524 Pa. 254 , 571 A.2d 365 (1990) (Larsen, J., dissenting); Gibbons v. New Castle Area School District, 518 Pa. 443 , 543 A.2d 1087 (1988) (Larsen, J., dissenting).

In addition, I strenuously object to the “relief” provided by the majority, and I would order the reinstatement with back pay of those teachers improperly suspended. There is simply no reason or precedent for penalizing these litigants *270 any further, especially in view of the fact that the delay was caused by the “system.”

PAPADAKOS, J., joins this concurring and dissenting opinion.

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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