Appeal from the Order of the Secretary of Education in case of Elizabeth K. Navarro v. Middle Bucks Area Vocational Technical School, No. 312.
John Philip Diefenderfer, with him Stuckert, Yates and Krewson, for appellant.
Richard W. Rogers, with him Charles J. King, Jr., and Rogers, King & Cole, for appellee.
Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle.
[ 37 Pa. Commw. Page 279]
This case involves a petition for review filed by the Middle Bucks Area Vocational-Technical School (Middle Bucks) from an order of the Secretary of Education (Secretary), dated December 14, 1976, reinstating Elizabeth K. Navarro (Navarro) as a professional employe of Middle Bucks and awarding her attorney fees.*fn1
The facts of this case, as stipulated by the parties, are as follows:
1. Elizabeth K. Navarro is a professional employee. She has been employed by the Middle Bucks Area Vocational-Technical School from September 1969 to June 1975 in the capacity of School Nurse. She was issued a temporary professional employee contract with the Vo-Tech School on June 16, 1969.
2. At its meeting of May 10, 1976, the Executive Council of the Vo-Tech School decided, by resolution, to eliminate the position of school nurse. The reasons given for this action are as follows: The position of school nurse was superfluous at the Vo-Tech School because school nurse services could be provided by the affiliated school districts which were sending students to the Vo-Tech school; the School Nurse certificate did not qualify the holder to teach any vocational courses, such as 'health assistant'
[ 37 Pa. Commw. Page 280]
or 'practical nursing'; emergency first aid care or services could be provided by a person qualified in first aid, instead of by a school nurse.
3. By letter dated May 11, 1976, Vincent P. Fosbre, Director of the Middle Bucks Area Vocational-Technical School, notified Mrs. Navarro of the Executive Council's decision to eliminate the position of School Nurse. The letter stated: 'Therefore, your services will not be required for the school year 1976-77 or in the foreseeable future.'
4. By letter dated June 8, 1976, Mrs. Navarro, through her attorney, referred to the May 11th letter from Mr. Fosbre and requested a ...