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LOVE v. REDSTONE TOWNSHIP SCHOOL DISTRICT (11/09/53)

November 9, 1953

LOVE, APPELLANT,
v.
REDSTONE TOWNSHIP SCHOOL DISTRICT



Appeal, No. 213, March T., 1953, from order of Court of Common Pleas of Fayette County, March T., 1952, No. 69, in case of Dora S. Love v. School District of Redstone Township. Order affirmed.

COUNSEL

Anthony Cavalcante, for appellant.

Eustace H. Bane, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Stearne

[ 375 Pa. Page 200]

Opinion by MR. JUSTICE ALLEN M. STEARNE

An action in mandamus was brought by Dora S. Love, a school teacher, to compel the defendant School

[ 375 Pa. Page 201]

District of Redstone Township, Fayette County, to recognize the right of the plaintiff to be classified as a professional employe under the provisions of the Teachers' Tenure Act of April 6, 1937, P.L. 213, as amended, 24 PS 11-1101 et seq. This appeal is from the final order of the Court of Common Pleas of Fayette County which overruled and dismissed plaintiff's exceptions to the findings of fact, conclusions of law and order nisi. The case was heard by the court sitting without a jury. The facts are not disputed. The controversy is whether the facts show plaintiff legally attained the status of a permanent professional employe as defined by the Teachers' Tenure Act. If so, she thereby became entitled to the benefits which are conferred therein.

The appellant is duly certified to teach in the elementary schools of this Commonwealth. She has held a state normal school diploma since June 27, 1921. This diploma was registered in the office of the Superintendent of Schools of Fayette County on September 4, 1941.

At the beginning of each of the school years, in August or September, of 1941 to 1944, defendant entered into written contracts with plaintiff for her services as an "elementary substitute teacher". The plaintiff's remuneration as set forth in the contracts was as follows: 1941, for a term of nine school months at $5.00 a day for each day taught; 1942, for a term of nine school months at $5.55 a day for each day taught; 1943, for a term of nine school months at an annual compensation of $1,050.00 (plus a temporary cost of living increase of $300.00 allowed by the Legislature), payable in nine equal monthly installments during the school year, less certain contributions; 1944, for a term of nine school months at an annual compensation of $1,400.00 (plus a temporary cost of living increase of

[ 375 Pa. Page 202]

$250.00 allowed by the Legislature), payable in twelve equal monthly installments during the school term, less certain contributions. The first three contracts provided that in the absence of notice to the contrary the contract should continue in force year after year, but that it was not a tenure contract and terminated at the close of each of the school years for which it was signed. The 1944 contract, unlike the previous ones, provided that it should continue in force for one year, and also provided, as had the others, that it was not a tenure contract and terminated at the ...


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