No. 80-2-251, Appeal from the Order of the Commonwealth Court of Pennsylvania, at No. 787 C.D. 1978
John W. Thompson, Jr., York, for appellant.
Gerald B. Ruth and W. Burg Anstine, York, for appellee.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. O'Brien, C. J., files an Opinion in Support of Affirmance which Nix and Larsen, JJ., join. Larsen, J., files a separate Opinion in Support of Affirmance. Flaherty, J., files an Opinion in Support of Reversal which Roberts and Kauffman, JJ., join.
The Court being equally divided, the Order of the Commonwealth Court, 46 Pa. Commw. 209, 407 A.2d 69, is affirmed.
Opinion IN SUPPORT OF AFFIRMANCE
In June, 1975, appellant Diana L. Long was suspended from her position as a tenured English teacher in the Eastern York School District. Following a hearing, the School Board upheld the suspension. On appeal, the Court of Common Pleas of York County ordered Long reinstated without loss of pay and the Commonwealth Court affirmed. We granted the District's petition for allowance of appeal.
Long was suspended after the District, on its own initiative, eliminated a number of elective courses in the English department and abolished certain supervisory positions pursuant to requirements of the Department of Education regarding certification of department heads who performed supervisory duties. This reorganization resulted in a surplus of teachers and Long was suspended on the basis of seniority.
The causes for which tenured professional employees may be suspended are enumerated in § 1124 of the Public School Code, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 11-1124. In this case the District maintains that Long was suspended ...