Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Kenneth F. Olson v. Board of School Directors Methacton School District, No. 82-12550.
John F. Walsh, Philip R. Detwiler & Association, for appellant.
Charles Potash, Wisler, Pearlstine, Talone, Craig & Garrity, for appellee.
President Judge Crumlish, Jr., and Judges Williams, Jr., and Colins, sitting as a panel of three. Opinion by Judge Colins.
[ 84 Pa. Commw. Page 190]
Kenneth Olson (appellant) appeals from the order of the Court of Common Pleas of Montgomery County, Davenport, J., granting Methacton School Board's (Board) motion for judgment on the pleadings.
Appellant was employed as an Industrial Arts teacher in Methacton Junior High School from 1969 through 1982. During the summer of 1982 the Board approved the realignment of its professional personnel. As a result, appellant was assigned to teach Industrial Arts at Methacton Senior High School for the 1982-1983 school year.
A complaint in mandamus was filed by appellant to compel a hearing by the Board. In the complaint, appellant alleged that the reassignment had a direct and substantial impact upon his personal and property rights. He also alleged that the Board's realignment
[ 84 Pa. Commw. Page 191]
of its personnel was done in contravention of Section 1125.1(c) of the Public School Code of 1949,*fn1 which provides: "A school entity shall realign its professional staff as to insure that more senior employes are provided with the opportunity to fill positions for which they are certificated and which are being filled by less senior employees."
The Board filed an answer and a motion for judgment on the pleadings claiming that appellant was not entitled to a hearing, had no personal or property right to a particular assignment and that Section 1125.1 of the School Code had no applicability to the facts of this case. The court of common pleas granted the motion.
Appellant is claiming that he was deprived of a personal right when the Board realigned the district. However, a professional employee does not acquire a vested right to teach in any certain class or in any certain school and the only limitation on the Board's general power to assign a professional employee is that the work to which he is assigned be of a rank or class equivalent to that by which his permanent status was acquired and one for which he is qualified. Smith v. School District of the Township of Darby, 388 Pa. 301, 306, 130 A.2d 661, 665 (1957). See also, Board of School Directors of Abington School District v. Pittenger, 9 Pa. Commonwealth Ct. 62, 68, 305 A.2d 382, 385 (1973). In addition, the Board has a right to make reasonable rules and regulations, reassign teachers and take ...