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SANTEE CASE. (12/30/59)

December 30, 1959

SANTEE CASE.


Appeal, No. 193, Jan. T., 1959, from decree of Court of Common Pleas of Luzerne County, Oct. T., 1958, No. 420, in re appeal of Clara N. Santee. Decree affirmed. Proceedings on appeal from board of school directors. Adjudication filed affirming order of the superintendent of public instruction and dismissing appeal, exceptions dismissed and decree entered, opinion by FLANNERY, J. Petitioner appealed.

COUNSEL

George I. Puhak, with him Andrew I. Puhak, for appellant.

Richard L. Bigelow, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

[ 397 Pa. Page 602]

OPINION PER CURIAM

The decree appealed from is affirmed on the following opinion of Judge FLANNERY for the court en banc.

"Miss Clara N. Santee has been a professional employee of the School District of the City of Hazleton where, since 1925, she has held the status of a teacher.

"For the school year 1956-1957 she was assigned to the D. A. Harman, Jr. High School teaching English and Mathematics in the 9th grade.

"On August 22, 1957, she was assigned to teach a 6th grade class in the Arthur Street School which assignment she regarded as a demotion and accepted under protest. Her salary was not affected by the transfer and is not here involved.

"Exercising her rights under the School Code she demanded restoration of her previous status and requested a hearing before the School Board. That was granted and her petition was denied. She appealed to the Superintendent of Public Instruction of the Commonwealth of Pennsylvania who, by decision dated June 11, 1958, dismissed her appeal. From that decision she appealed to this Court, and on October 3, 1958, we affirmed the decision and order of the Superintendent of Public Instruction.

"We are concerned now with exceptions to that decision of the Court.

"The question is narrow. Does an assignment from the 9th to the 6th grade ...


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