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PATRICIA ALWINE v. BOARD SCHOOL DIRECTORS RICHLAND SCHOOL DISTRICT (01/05/79)

decided: January 5, 1979.

PATRICIA ALWINE, APPELLANT
v.
BOARD OF SCHOOL DIRECTORS OF RICHLAND SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Cambria County in case of Patricia Alwine v. Board of School Directors of Richland School District, No. 1977-984.

COUNSEL

William K. Eckel, for appellant.

Samuel F. Rizzo, with him Ralph F. Kraft, for appellee.

Judges Wilkinson, Jr., Rogers and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 39 Pa. Commw. Page 541]

Patricia Alwine has appealed from an order of the Court of Common Pleas of Cambria County dismissing

[ 39 Pa. Commw. Page 542]

    her exceptions to the findings of fact, conclusions of law, and order of a judge made after a non-jury trial of her suit in mandamus against the Richland School District.

Alwine, a tenured professional employee with a certificate in home economics, taught that subject in the Richland School District for two years. She was then suspended from her employment for one of the authorized reasons set out in Section 1124 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. ยง 11-1124. The legality of the suspension is not in issue.

On February 28, 1977, Beverly Johns, a home economics teacher still employed by the School District, reported off work on account of illness. Johns went on approved sick leave which, twice extended, lasted until the end of the school year in the Spring of 1977. Johns's duties during her absence on approved leave were performed by a person chosen from a list of approved substitute teachers kept by the School District.

In early March, 1977 Alwine asked the school principal why she, Alwine, had not been employed to perform Johns's duties during the latter's absence. The principal told Alwine that in order to be chosen for employment as a substitute for professional employees temporarily absent for approved cause, she would have to ask that her name be placed on the school's list of substitutes. Alwine declined to seek placement on the substitutes list. She instead commenced her suit in mandamus asserting that the School District was required to employ her as a substitute teacher during Johns's absence because as a suspended professional employee she was entitled to that employment. The court below concluded that the School Board was not required to employ Alwine to perform Johns's duties during the latter's absence on leave.

[ 39 Pa. Commw. Page 543]

We agree and will affirm its decision in favor of the ...


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