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ANTHONY E. FIORENZA v. BOARD SCHOOL DIRECTORS CHICHESTER SCHOOL DISTRICT (01/10/77)

decided: January 10, 1977.

ANTHONY E. FIORENZA
v.
BOARD OF SCHOOL DIRECTORS OF THE CHICHESTER SCHOOL DISTRICT, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF EDUCATION. ANTHONY E. FIORENZA, APPELLANT



Appeal from the Order of the Secretary of Education in case of Appeal of Anthony E. Fiorenza from the decision of the Board of School Directors of the Chichester School District, Delaware County, Pennsylvania, No. 277, 1975.

COUNSEL

Alexander A. DiSanti, with him Richard, Brian, DiSanti & Hamilton, P.A., for appellant.

Arthur Levy, with him Gregory J. Polischuk, and, of counsel, Levy and Levy, for appellee.

President Judge Bowman and Judges Mencer and Blatt, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 28 Pa. Commw. Page 135]

This appeal is from an order of the Secretary of Education (Secretary) dismissing the appeal of Anthony E. Fiorenza (Fiorenza) for lack of jurisdiction. Fiorenza had appealed to the Secretary the termination of his employment as Administrative Assistant for Personnel and Special Services for the Chichester School District.

Section 1131 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 11-1131, empowers the Secretary to entertain and rule upon appeals by professional employes aggrieved by the action of a board of school directors. There is no similar grant of authority to the Secretary relative to appeals by any other class of employes.*fn1

[ 28 Pa. Commw. Page 136]

The Secretary in the instant case determined that Fiorenza was not a professional employe at the time his employment was terminated by the Chichester Board of Education (Board) and therefore he lacked jurisdiction to accept Fiorenza's appeal. We conclude that the Secretary was correct and affirm his order.

The narrow question before the Secretary was Fiorenza's professional-employe status on June 30, 1975 when his employment was terminated. Section 1101 of the Public School Code, 24 P.S. § 11-1101, defines "professional employe" as follows:

The term 'professional employe' shall include those who are certificated as teachers, supervisors, supervising principals, principals, assistant principals, vice-principals, directors of vocational education, dental hygienists, visiting teachers, home and school visitors, school counselors, child nutrition program specialists, school librarians, school secretaries the selection of whom is on the basis of merit as determined by eligibility lists and school nurses.

Section 1141 of the Public School Code, 24 P.S. § 11-1141, defines "teacher" in the following manner:

'Teacher' shall include all professional employes and temporary professional employes, who devote fifty per centum (50%) of their time, or more, to teaching or other direct educational activities, such as classroom teachers, demonstration teachers, museum teachers, counselors, librarians, school nurses, dental hygienists, home and school visitors, and other similar professional employes and temporary professional employes, ...


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