Facts of the case

Kelly C. Davenport’s application for an Administrative Certificate as Secondary Principal was denied by the Bureau of Teacher Certification and Preparation (Bureau) of the Pennsylvania Department of Education. Davenport was the Principal of Freire Charter School located in Philadelphia. On September 16, 2002, Davenport filed an application for an Administrative Certificate as Secondary Principal. One of the requirements for the certificate is at least 5 years of professional school experience pursuant to 22 Pa Code § 49.121(a). Davenport listed as her professional school experience as 2 years as a Spanish teacher at Collegiate School in Richmond Virginia, and 3 years as the principal of Freire Charter School. The Bureau notified Davenport in a letter dated January 12, 2003 that her application was denied because she did not meet the 5 year professional school experience requirement. The Bureau would only recognize 1 year of certificated experience as a Spanish teacher in Virginia and considered experience not earned under a certificate as non-applicable toward meeting the 5 year requirement. Davenport appealed the decision to the Certification Appeal Committee and was notified in a letter dated August 27, 2003 that the Secretary affirmed the bureau’s decision. Davenport argued that under 22 Pa. Code § 49.121 (a), that there is no written requirement for the 5 years of professional school experience to be earned under a certificate and that the Secretary should count her experience as principal of Freire Charter School toward the Principal’s certification.

Decision of the court

On February 27, 2004 the Commonwealth Court of Pennsylvania affirmed the decision of the Secretary of Education. The court concluded that Davenport had only 1 year of professional experience as a Spanish teacher in Virginia that could be credited toward the certification in which she was applying.

Basis

The court focused attention on the term “professional” and guidelines issued by the Department of Education. The court concluded that the term “professional” duties under 22 Pa. Code § 49.1 is a duty, the performance of which is restricted to professional personnel by the scope of their certificate. In addition under section 1101 of the Public School Code of 1949, Act of March 10,1949, P.L. 30, as amended 24 P.S. § 11-1101, the term “professional employee” is defined as those who are certificated as teachers, supervisors, and principals. The regulations of the Pennsylvania State Board of Education at 22 Pa. Code § 49.13 authorize the Pennsylvania Department of Education to issue “administrative agency interpretative policies and directives relating to professional certification and staffing”, which are known as “Professional Personnel Certification and Staffing Policies” (CSPG’s). The court referred to CSPG No. 9 issued in January 1987 that specifies that if a person serves in a position requiring a specific certificate, but does not hold such certification, service is not credible toward meeting experience requirements for certificates and letters of eligibility enumerated in CSPG No. 9.

Prepared by Tommy Coburn, June 23, 2004