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SCHOOL DISTRICT LANCASTER v. COMMONWEALTH PENNSYLVANIA (04/05/83)

decided: April 5, 1983.

SCHOOL DISTRICT OF LANCASTER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF EDUCATION, RESPONDENT



Appeal from the Order of the Department of Education in the case of School District of Lancaster, dated December 23, 1981.

COUNSEL

Robert M. Frankhouser, Jr., Hartman, Underhill & Brubaker, for petitioner.

Phillip A. Ayers, Counsel, with him Michael A. Davis, Chief Counsel, for respondent.

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

Author: Rogers

[ 73 Pa. Commw. Page 247]

In accordance with the mandate of Section 403 of the Fiscal Code,*fn1 the Auditor General of the Commonwealth of Pennsylvania caused to be issued a financial audit of the affairs of the School District of Lancaster County for the fiscal years ended June 30, 1978 and June 30, 1979. Finding Number 1 of the Audit Report is as follows:

Finding No. 1 -- Forfeiture of $18,266 for Employing Non-certified Teachers

Our review of teacher certification for 1979-80, 1978-79 and 1977-78 disclosed one teacher was teaching with an expired certificate, one teacher was teaching in areas for which he was not properly certified and two teachers held no certificates. Certification irregularities cannot always

[ 73 Pa. Commw. Page 248]

    be determined by this department from records retained in district offices. A list of teachers, whose certification was questioned, was presented to the Bureau of Teacher Certification, DE. Only those teachers, confirmed by that bureau as being improperly certified for their assignments were included in the calculations of the forfeiture. Accordingly, we calculated that the district is subject to a forfeiture of $18,266.

The number of teachers improperly certified and the applicable forfeiture by school year is detailed below:

School Year Number of Employees Forfeiture

1979-80 4 ...


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