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KAPLAN v. PHILADELPHIA SCHOOL DISTRICT (03/28/55)

March 28, 1955

KAPLAN
v.
PHILADELPHIA SCHOOL DISTRICT, APPELLANT.



Appeal, No. 220, Oct. T., 1954, from judgment of Court of Common Pleas No. 6 of Philadelphia County, Dec. T., 1953, No. 6111, in case of Samuel Kaplan v. School District of Philadelphia. Judgment reversed.

COUNSEL

C. Brewster Rhoads, with him Sidney L. Wickenhaver and Edward B. Soken, for appellant.

Henry W. Sawyer, III, with him Drinker, Biddle & Reath, for appellee.

Before Rhodes, P. J., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Woodside

[ 178 Pa. Super. Page 89]

OPINION BY WOODSIDE, J.,

The question presented to us in this case is whether a school district must pay one of its teachers, who had attained a status of permanent tenure, his salary for the time between the date he was suspended by the superintendent for failure to answer questions concerning his loyalty, and the date he was dismissed by the board for such conduct.

The lower court entered judgment for the plaintiff on the record in an action in assumpsit brought by the teacher against the School District of Philadelphia.

The court was in error.

The plaintiff entered into a contract on July 13, 1948 with the School District of Philadelphia in accordance

[ 178 Pa. Super. Page 90]

    with the terms of the Public School Code. Having attained a status of permanent tenure he continued to teach until November 20, 1953 when the Philadelphia Superintendent of Schools suspended him from duties as an employe of the school district as of the close of school on that date.

Promptly after his suspension, charges were filed against him setting forth, among other things, that when asked by his superintendent if he was an organizer of the Communist Party in Eastern Pennsylvania and Delaware in 1950 he refused to answer or to discuss the matter, and thereafter persisted in this refusal.*fn1 These charges were sustained by the board of school directors after formal hearing, and the plaintiff

[ 178 Pa. Super. Page 91]

    was dismissed by the action of the board on January 7, 1954. He appealed his dismissal, and final disposition of that appeal has not been made. That appeal, and thus the merits of the ...


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