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JANET ROSEN v. MONTGOMERY COUNTY INTERMEDIATE UNIT NO. 23 (07/09/85)

decided: July 9, 1985.

JANET ROSEN, APPELLANT
v.
MONTGOMERY COUNTY INTERMEDIATE UNIT NO. 23, APPELLEE. PHOEBE BAXTER, APPELLANT V. MONTGOMERY COUNTY INTERMEDIATE UNIT NO. 23, APPELLEE



Appeals from the Orders of the Court of Common Pleas of Montgomery County in cases of Janet Rosen v. Montgomery County Intermediate Unit No. 23, No. 82-11012 and Phoebe Baxter v. Montgomery County Intermediate Unit No. 23, No. 82-11241.

COUNSEL

Steven A. Rosen, Jokelson and Rosen, for appellants.

Philip Salkin, Pearlstine, Salkin, Hardiman and Robinson, for appellee.

Judges Craig and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 90 Pa. Commw. Page 336]

In these two consolidated cases, Janet Rosen and Phoebe Baxter appeal the orders of the Court of Common Pleas of Montgomery County which dismissed their petitions for review of adjudications by the Montgomery County Intermediate Unit Board of

[ 90 Pa. Commw. Page 337]

School Directors upholding the suspensions of Rosen and Baxter from their tenured teaching positions in the gifted program at Montgomery County Intermediate Unit No. 23 (I.U.).

We must determine*fn1 whether either the board or the common pleas court correctly concluded, albeit for different reasons, that the suspensions were valid under the Public School Code of 1949.*fn2

Because of changes in government funding procedures for intermediate units, the board determined that it would be more effective economically to turn back some of the programs conducted at the I.U. to the individual participating school districts.*fn3 Consequently, the board adopted a resolution transferring the gifted program, among others, back to the individual school districts, and suspending some professional employees, including Rosen and Baxter, who challenged the validity of their suspensions at hearings before the board.

The suspension of a tenured professional public school employee is valid only if it conforms with the requirements of section 1124 of the Code, which provides:

Any board of school directors may suspend the necessary number of professional employes, for any of the ...


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