Appeal from the Order of the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Juniata County Branch, in the case of Jay Kipp v. Juniata School District, No. 380 of 1976.
Andrew L. Winder, Law Offices of Clyde R. Bomgardner, for appellant.
John R. Miller, Jr., Miller, Kistler & Campbell, Inc., for appellee.
Judges Williams, Jr., Craig and Doyle, sitting as a panel of three. Opinion by Judge Doyle.
[ 87 Pa. Commw. Page 212]
Jay Kipp (Appellant) appeals from a decision of the Court of Common Pleas of Juniata County which denied his claim for back salary under Section 1142
[ 87 Pa. Commw. Page 213]
of the Public School Code of 1949*fn1 (School Code) and the local salary schedule of the Juniata County School District (Appellee).
Appellant was hired by Appellee as a temporary professional employee at the beginning of the 1960-1961 school year. At that time, Section 1142 provided that all professional employees were to receive a minimum annual salary of $3,600.00 and that teachers holding a college certificate were to receive a minimum annual service increment of $200.00. In 1963, Act 247*fn2 amended Section 1142 to provide for a minimum salary of $4,200.00 with minimum annual service increments of $300.00. Appellant was hired at an initial salary of $4,100.00, and he received an adjustment at least equal to the required $200.00 or $300.00 increment each year prior to 1965.
In 1965, Act 405*fn3 amended Section 1142 to provide that, beginning in the school year 1965-1966, minimum salaries would be based upon a system of steps. An employee would attain placement at a particular step either by agreement with the school district or through the employee's years of service within the school district, whichever led to the higher placement. This system was carried over by still another amendment under Act 96*fn4 in 1968. See Graybill v. Juniata Schools, 21 Pa. Commonwealth Ct. 630, 347 A.2d 524 (1975).
Appellant contends that his temporary professional contract of 1960-1961 which provided for a salary of $4,100.00 constituted an agreement with Appellee that he was to be placed at a level equivalent to step three and a half under Act 405. Applying his five years of teaching experience acquired between 1960-1961 and the effective date of Act 405 on July 1,
[ 87 Pa. Commw. Page 2141965]
, Appellant concludes that he should have been compensated at step eight and a half for the school year 1965-1966, step nine and a half for the year 1966-1967, and ...