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PHILADELPHIA FEDERATION TEACHERS v. BOARD EDUCATION SCHOOL DISTRICT PHILADELPHIA ET AL. (05/12/80)

decided: May 12, 1980.

PHILADELPHIA FEDERATION OF TEACHERS, LOCAL NO. 3, AFT, AFL-CIO ET AL., PETITIONERS
v.
BOARD OF EDUCATION OF THE SCHOOL DISTRICT OF PHILADELPHIA ET AL., RESPONDENTS. DENNIS L. MORITZ, INTERVENING PARTY PETITIONER



Original jurisdiction in case of Philadelphia Federation of Teachers, Local No. 3 AFT, AFL-CIO and Dennis L. Moritz v. Board of Education of the School District of Philadelphia, Caryl M. Kline, Secretary of Education of the Commonwealth of Pennsylvania, and Commonwealth of Pennsylvania.

COUNSEL

Leonard M. Sagot, with him Randall J. Sommovilla, and of counsel, Sagot & Jennings, for petitioners.

Linda J. Wells, Assistant Attorney General, for Department of Education, respondent.

Vincent J. Salandria, with him Eugene F. Brazil, for Board of Education of the School District of Philadelphia, respondent.

Barry E. Bressler, with him Herbert M. Linsenberg and Rachelle L. Kaiserman, and of counsel, Meltzer & Schiffrin, for intervening petitioner.

President Judge Crumlish and Judges Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig. Judge Williams, Jr. dissents.

Author: Craig

[ 51 Pa. Commw. Page 298]

Petitioner Philadelphia Federation of Teachers (Federation), by way of petition for review, brings this original action seeking declaratory judgment with respect to the effectiveness of an agreement intended to resolve the seniority status of personnel in the Get Set and Head Start programs operated by the Philadelphia School District (School District).

Get set is conducted with federal funds provided by the United States Department of Health, Education and Welfare (HEW) through the Pennsylvania Department of Public Welfare (DPW). Get Set is essentially a day-care program, with a minimal educational component for children of families below a certain economic level.

Head Start is also federally-funded, with funding provided from HEW through the Philadelphia Allied Action Committee (PAAC), which is the federally designated Head Start agency for Philadelphia. Head Start is a pre-kindergarten program with an extensive educational element as required by federal regulation. It is available only to children from poverty level families residing in the School District.

Both the Head Start program and the educational components of the Get Set program have been in operation in the School District for a number of years. Historically, teachers employed by the School District in those two programs were never required to have teaching certifications as a condition of employment. Until June, 1977, when the School District laid off thousands of teachers, such employees were never informed by the School District that their job retention rights or other conditions of employment would be conditioned upon possession of a teacher certification.

In June of 1977, the School District laid off non-certified teachers in the Head Start program, and in

[ 51 Pa. Commw. Page 299]

June of 1978 teachers in the educational component of the Get Set ...


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