Appeal from the Order of the Court of Common Pleas of Centre County in case of Gladys C. Hosler v. Bellefonte Area School District, Michael Damon, Superintendent, Terry Lindquest, Julia C. Noll, David A. Holter, James M. Sager, Joan S. Smith, Harrison W. Tressler, Jr., Richard Ulrich, Ruth Weight and William R. Workman, No. 7 October Term, 1973.
William A. Hebe, with him Spencer, Gleason & Hebe, for appellant.
John R. Miller, with him Miller, Kistler & Campbell, Inc., for appellees.
Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Blatt.
[ 38 Pa. Commw. Page 430]
Gladys S. Hosler (appellant) appeals here from an order of the Court of Common Pleas of Centre County dismissing her action in mandamus.
The appellant had been employed as an art teacher by the Bellefonte Area School District (School District) under a temporary professional employe's contract for the 1969-70 and 1970-71 school years. During the first year, her performance was not evaluated by the School District Superintendent as provided in
[ 38 Pa. Commw. Page 431]
Sections 1108 and 1123 of the Public School Code of 1949,*fn1 (School Code), 24 P.S. §§ 11-1108, 11-1123. During the second year she received an unsatisfactory rating by the Superintendent which was later ruled invalid when she filed an action in equity challenging it and which this Court on appeal ordered to be removed from her file because the evidence in the record did not warrant the Superintendent's finding. Hosler v. Bellefonte Area School District, 16 Pa. Commonwealth Ct. 610, 330 A.2d 275 (1975). Meanwhile, she had been notified by the School District that she would not be given a new contract of employment, and she filed an action in mandamus against the School District in 1973 seeking reinstatement. She twice amended her complaint, with the School District filing preliminary objections, and her complaint was finally dismissed by the court below in 1977. This appeal followed.
The appellant argues that two years of service as a temporary professional employe, absent a rating, is tantamount to having completed two years of satisfactory service and that she became a tenured professional employe at the conclusion of her two years of service without a rating so that the School District's refusal to continue her employment thereafter was in violation of Section 1108 of the School Code. This Section provides in pertinent part as follows:
A temporary professional employe whose work has been certified by the district superintendent to the secretary of the school district, during the last four (4) months of the second year of such service, as being satisfactory shall thereafter be a 'professional employe' within the meaning of this article.