Zablow V. Board Of Education Of The School Of Pittsburgh
279 A.2d 124 (Pa. Cmwlth. 1999)
Facts of the Case
Jeffery L. Zablow was a biology teacher applicant for the School
District of Pittsburgh, Pennsylvania. He alleged he was denied
veteran's preferences for a teaching position. Zablow was a veteran
who possessed a master's degree, as well as a Pennsylvania teaching
certificate in biology, and an administrative/secondary principal
certificate. As part of the application process required by the
School District of Pittsburgh, Zablow completed a written applicant
examination. On the required exam, Zablow scored a 71.9 and ranked
twenty-fifth on the school district's eligibility list. However,
the school district hired Helen Norfleet, a non-veteran, who ranked
eleventh on the eligibility list. Again, Zablow was denied teaching
positions in 1990, 1992, and 1993, but he was hired in 1994.
In July of 1994, Zablow initiated a civil action case, alleging
he was denied veteran's preferences according to the Veterans
Preference Act (VPA). Under this Act, any veteran should receive
ten additional points on a civil service exam. On April 7, 1999,
the Court of Common Pleas, Allegheny County, granted judgment
on behalf of Jeffery L. Zablow. The court held that Jeffery Zablow
was qualified and therefore should have been appointed to the
biology teacher position. Also, consideration should have been
given due to the Veterans Preference Act (VPA). The school district
appealed to the Commonwealth Court, alleging Zablow had no claim
for veteran's preference as the exam was administered by the school
board and not by the Civil Service Commission.
Decision
The court of common pleas based its decision on Section 7104(a)
of the Veterans Preference Act (VPA). The VPA provides an additional
ten points to soldiers who successfully pass the civil service
exam and possess the requisite qualifications. The Commonwealth
Court decided that Section 7103(a) of the VPA dealing with Commonwealth
Examinations and Section 7104(b) of the VPA dealing with names
on the civil service list did not apply to Zablow, thereby reversing
this decision of the court of common pleas. However, Commonwealth
Court remanded the case to the court of common pleas to determine
if Zablow was placed among the top three applicants on the eligibility
list and qualified for appointment to the biology position in
1990 in light of Section 7104(a) of the VPA.
Basis
Two court decisions: The U.S. Court Appeals for the Third Circuit
in Sullivan et. al. v. Pittsburgh Board of Public Education
__F.3d__ (3rd Cir. 1999)concerning Sections 7103 and 7104
of the VPA and the Pennsylvania Supreme Court in Brickhouse
v. Spring-Ford Area School District , 656 A.2d 483 (1995)
concerning Section 7104(a) of the VPA.
Written by Roberta Sorensen and Amy Serafini Hoy, Summer 2000