decided: August 6, 1982.
ROBERT GODFREY, APPELLANT
PENNS VALLEY AREA SCHOOL DISTRICT, APPELLEE
Appeal from the Order of the Court of Common Pleas of Centre County in case of Robert Godfrey v. Penns Valley Area School District, No. 1980-2042.
Anthony D. Newman, with him William A. Hebe, Spencer, Gleason & Hebe, for appellant.
John R. Miller, Jr., Miller, Kistler & Campbell, Inc., for appellee.
William Fearen, with him Michael I. Levin, Cleckner and Fearen, Amicus Curiae, Pennsylvania School Boards Association.
President Judge Crumlish and Judges Rogers and Doyle, sitting as a panel of three. Opinion by Judge Doyle. Judge Mencer did not participate in the decision in this case.
[ 68 Pa. Commw. Page 167]
This is an appeal by Robert Godfrey (Appellant) from a decision and order of the Court of Common Pleas of Centre County affirming the decision of the Board of Directors of the Penns Valley Area School District to suspend Appellant from his position as a music teacher pursuant to Sections 1124 and 1125.1 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §§ 11-1124 and 11-1125.1.
Appellant, who was suspended because of a substantial decrease in pupil enrollment in the School District, see Section 1124 of the Code, asserts that the School District failed to realign its professional staff so as to permit his retention and therefore violated Section 1125.1(c) of the Code. The lower court disagreed and, after a thorough review of the briefs and record herein, including the legislative history pertaining to the enactment of Section 1125.1 of the Code, we find ourselves in agreement with the lower court's resolution. Accordingly, we affirm on the basis of the opinion of President Judge Charles C. Brown, Robert Godfrey v. Penns Valley Area School District, 22 Pa. D. & C.3rd 466 (1981).
Now, August 6, 1982 the decision and order of the Court of Common Pleas of Centre County in this
[ 68 Pa. Commw. Page 168]
matter, dated February 17, 1981, at No. 1980-2042 is hereby affirmed.
Judge Mencer did not participate in the decision in this case.
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