Opinion

Pookman v. SCH. DIST. OF UP. ST. CLAIR TP.

  • 506 Pa. 74
  • 483 A.2d 1371
  • 1984 Pa. LEXIS 365
Court
Supreme Court of Pennsylvania
Filed
Nov 20, 1984
Status
Published
Author
Nix
On the bench
Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
Cited by
3 cases
Authority
More cited than 10.5%

The opinion

*80 NIX, Chief Justice,

dissenting.

At the time that appellees were furloughed, they were entitled to tenured professional status, under section 1108(b) of the Public School Code, Act of March 10, 1949, P.L. 30, art. XI, § 1108(b), as amended, 24 P.S. § 11-1108(b) (Supp.1984-85), 1 and thus entitled to all appropriate seniority rights. 24 P.S. § 11-1125.1(a) (Supp.1984-85); Welsko v. School Board of School District of Foster Township, 383 Pa. 390 , 119 A.2d 43 (1956); Bragg v. School District of Swarthmore, 337 Pa. 363 , 11 A.2d 152 (1940); Tressler v. Upper Dublin School District, 30 Pa.Commw. 171, 373 A.2d 755 (1977); Phillipi v. School District of Springfield Township, 28 Pa.Commw. 185, 367 A.2d 1133 (1977).

I am of the view that appellees’ status at the time the furlough decision was to take effect was controlling. Thus, I would affirm the order of the Commonwealth Court, adopting the well reasoned opinion authored by Judge Doyle. Pookman v. School District of the Township of Upper St. Clair, 80 Pa.Commw. 14, 470 A.2d 1110 (1984).

ZAPPALA, J., joins in this dissenting opinion.

. Although the record does not indicate a rating was given within the last four months of the two-year period, it is undisputed that appellees did not receive an unsatisfactory rating during the two-year period. We have viewed the completion of two years without an unsatisfactory rating as conferring tenured professional status. Dept. of Education v. Jersey Shore Area School District, 481 Pa. 356 , 392 A.2d 1331 (1978).

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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