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COM., D. OF ED. v. JERSEY SH. AREA S.D.

481 Pa. 356 (1978)

392 A.2d 1331

COMMONWEALTH, DEPARTMENT OF EDUCATION, and Carroll Bittner, Appellants, v. JERSEY SHORE AREA SCHOOL DISTRICT (two cases).

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Spencer, Gleason & Hebe, William A. Hebe, Wellsboro, for appellant at No. 118.

Edward A. Miller, Asst. Atty. Gen., Donna S. Weldon, Harrisburg, for appellant at No. 119.

Clyde E. Carpenter, Jr., Jersey Shore, Charles J. McKelvey, Williamsport, for appellee at Nos. 118 & 119.

Cleckner & Fearen, Michael I. Levin, William Fearen, Harrisburg, for amicus curiae, Penna. School Boards Assn. at Nos. 118 & 119.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, and LARSEN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Appellant, Department of Education, properly concluded that, at the time appellee Jersey Shore Area School District summarily terminated appellant Carroll Bittner's employment, Bittner was a "professional employe having attained the status of permanent tenure" within the meaning of Section 1127 of the Public School Code of 1949.1 Because Bittner...

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