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RALOY E. BROWN v. SCHOOL DISTRICT CHELTENHAM TOWNSHIP (08/15/80)

decided: August 15, 1980.

RALOY E. BROWN, PETITIONER
v.
THE SCHOOL DISTRICT OF CHELTENHAM TOWNSHIP, RESPONDENT



Appeal from the Order of the Commonwealth of Pennsylvania, Department of Education in the Matter of Dr. Raloy E. Brown v. School District of Cheltenham Township, Appeal No. 36-77.

COUNSEL

Arthur L. Jenkins, Jr., Smith, Aker, Grossman, Hollinger & Jenkins, for appellant.

Charles Potash, Wisler, Pearlstine, Talone, Craig & Garrity, for appellee.

Judges Mencer, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 53 Pa. Commw. Page 484]

Raloy E. Brown (petitioner) appeals to this court from an order of the Secretary of Education (Secretary) dismissing his appeal from a demotion by the Board of School Directors of the Cheltenham Township School District (Board).

[ 53 Pa. Commw. Page 485]

The petitioner, a professional employee, was the principal of the Cheltenham Elementary School when, on September 20, 1977, he was demoted by the Board and reassigned as a fifth grade classroom teacher at the Wyncote School. His salary as principal was $30,835, and he was paid $24,704 as a classroom teacher since he qualified "at the 14th level of a doctorate on the teacher salary guide."

Our scope of review is limited here to a determination of whether or not the Secretary's adjudication was in accordance with law, the petitioner's constitutional rights were violated, and the findings of the Secretary were supported by substantial evidence. Patchel v. Board of School Directors of Wilkinsburg School District, 42 Pa. Commonwealth Ct. 34, 400 A.2d 229 (1979).

A reading of the record discloses support for the following:

On November 25, 1974, a resolution was adopted by the Board, relating to the reorganization of the schools of the district. The elementary schools were changed from kindergarten through grade 6 to kindergarten through grade 5, three 3-year junior high schools were changed to two middle schools for grades 6 through 8, and the high school was changed from a 3-year to a 4-year school. Further, the reorganization plan reduced the number of elementary schools in the district from six to four, thereby reducing the total number of school buildings in the district from ten to seven.

As a result of this reorganization, the required number of building principals was commensurately reduced from ten to seven. The school district was therefore placed in the position of having to eliminate two elementary school principal ...


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