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ALLEGHENY INTER. UNIT v. JARVIS

No. 3508 C.D. 1983.

88 Pa.Commw. 587 (1985)

Allegheny Intermediate Unit, Petitioner v. Malcolm Jarvis, Respondent.

Commonwealth Court of Pennsylvania.

April 16, 1985.

Attorney(s) appearing for the Case

William C. Andrews, with him, Thomas M. Rutter, Jr., Goehring, Rutter & Boehn, for petitioner.

Eugene P. Girman, Girman & Bacharach, for respondent.

Argued March 15, 1985, before Judges CRAIG, BARRY and COLINS, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 16, 1985:

In Allegheny Intermediate Unit v. Jarvis, 48 Pa.Commw. 636, 410 A.2d 389 (1980), this court agreed with the Secretary of Education that the Allegheny Intermediate Unit (AIU) had erred in discharging teacher Malcolm Jarvis for his refusal to accept a transfer assignment. Because Jarvis' certification is as a teacher of the mentally retarded, section 1202 of the Public School Code...

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