Appeal from the Order of the Court of Common Pleas of Schuylkill County in the case of Debra S. Marteslo v. Pottsville Area School District, No. S-663 May Term, 1975 in Mandamus.
Alvin B. Marshall, with him Thomas R. Kline, Lipkin, Stutzman, Marshall & Bohorad, P.C., for appellants.
A. Martin Herring, of counsel, Teitelman and Herring, for appellee.
Judges Craig, MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge MacPhail.
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The Court of Common Pleas of Schuylkill County entered an order on July 23, 1979 directing Pottsville
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Area School District et al. (District) to afford Debra S. Marteslo (Appellee) a hearing to determine the validity of the termination of her employment with the District. We reverse.
Appellee, a certified teacher, was hired by the District in January of 1974 to perform the duties of an art teacher who had resigned her position late in 1973 effective January, 1974. By letter, Appellee advised the Superintendent of the Pottsville Area School District that she was interested in "substituting on a day-to-day basis" in the middle school art program where the resignation previously noted had created a vacancy. Subsequently, she was hired by the District as a "substitute" teacher. In March of 1974, however, Appellee directed a letter to the Superintendent of Schools, via counsel, informing the District that it was error to consider her as a substitute and requesting she be designated a temporary professional employee with all rights and privileges provided by Section 1108 of the Public School Code (Code).*fn1 The record does not include the District's response to the Appellee's letter, but clearly she was not afforded the protections of Section 1108 since her employment was terminated by the District in or about June of 1974 without any rating of her services having been made. In September
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of 1974, a temporary professional employee was hired to fill the teaching position formerly held by Appellee.
On May 1, 1975, Appellee filed a complaint in mandamus with the lower court seeking, inter alia, designation as a temporary professional employee, reinstatement to her position with the District, and any lost wages resulting from the allegedly erroneous designation.
The District filed preliminary objections to the complaint; these were partially sustained. An amended complaint and answer thereto were subsequently filed. The District averred, in new matter, that Appellee had requested to be hired as a substitute and that the District had ...