Appeal from the Order of the Court of Common Pleas of Cambria County, in case of John Feigh v. Glendale School District, No. 84-2597.
Richard J. Green, Jr., for appellant.
William A. Hebe, Spencer, Gleason & Hebe, for appellee.
Judges MacPhail and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge MacPhail. Judge Colins dissents.
[ 99 Pa. Commw. Page 471]
Glendale School District (School District) appeals from an order of the Court of Common Pleas of Cambria County which reversed the decision of its Board of School Directors (Board) suspending John Feigh (Appellee) from his position as a music instructor pursuant to Section 1124 of the Public School Code of 1949 (Code).*fn1 We reverse.
In June of 1984, the superintendent of the School District met with members of the Board and recommended the curtailment of various school programs in order to deal with an anticipated budgetary deficit. On June 27, 1984, the Board, acting upon the superintendent's recommendations, approved curtailment of the elementary music program by eliminating the elementary instrumental music part of that program. The superintendent thereupon requested approval of the Board decision from the Department of Education (Department) which was granted.*fn2 On July 2, 1984, the
[ 99 Pa. Commw. Page 472]
superintendent informed Appellee by letter that as a result of the elimination of the music program, Appellee was to be suspended immediately from his teaching position.*fn3
A hearing was held before the Board which affirmed Appellee's suspension. The trial court reversed,*fn4 reasoning that Appellee was suspended for reasons other than those permitted by Section 1124 of the Code.*fn5 We disagree.
[ 99 Pa. Commw. Page 473]
Section 1124 of the Code states in pertinent part:
Any board of school directors may suspend the necessary number of professional employes, for any of the ...