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LENTZ ET AL. v. DEPT. OF ED. ET AL.

No. 2902 C.D. 1984.

98 Pa.Commw. 167 (1986)

510 A.2d 922

George D. Lentz and Correctional Instructional Vocational Education Association, PSEA/NEA, Petitioners v. Commonwealth of Pennsylvania, Department of Education and Commonwealth of Pennsylvania, State Civil Service Commission, Respondents.

Commonwealth Court of Pennsylvania.

Argued May 12, 1986.

Attorney(s) appearing for the Case

Kimber L. Latsha, with her, Betty F. Perry and Thomas W. Scott, Killian & Gephart, for petitioners.

John A. Alzamora, Assistant Counsel, with him, Mary M. Rogers, Chief Counsel, for respondents.

Before Judges CRAIG and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 13, 1986:

The question in this case is whether employees of the state Department of Education who provide teaching services to inmates of the state's correctional institutions are in positions governed by the state Civil Service Act,1 or instead are in jobs regulated by the Public School Code by virtue of a provision in that Code2 which embraces every teacher "of a class organized...

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