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DEPT. EDU., ET AL. v. JERSEY SHORE SCHLS.

No. 1044 C.D. 1975.

23 Pa.Commw. 624 (1976)

Commonwealth of Pennsylvania, Department of Education and Carroll Bittner v. Jersey Shore Area School District, Appellant.

Commonwealth Court of Pennsylvania.

March 9, 1976.

Attorney(s) appearing for the Case

Clyde Carpenter, Jr., with him Carpenter & Carpenter, for appellant.

William A. Hebe, with him Spencer, Gleason & Hebe, for appellee, Bittner.

Edward A. Miller, Assistant Attorney General, for appellee, Commonwealth.

William Fearen, with him Cleckner & Fearen, for amicus curiae, Pennsylvania School Boards Association.

Argued February 3, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, March 9, 1976:

The issue presented by the instant appeal is whether the teacher involved was a professional employee at the time she was notified that her employment was terminated. If she was a professional employee, then admittedly the required procedure to effect her suspension or dismissal was not followed and the decision of the Secretary of Education would be affirmed. If she was not a professional employee, then the Secretary's position...

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