Facts of the Case

On September 22, 2004 the Western Beaver Area School Board held in executive session to discuss the superintendent without his presence. The following day the school district’s solicitor asked the Superintendent to resign. The Superintendent was never informed of charges. At the next school board meeting, October 8, 2004, the school board suspended the superintendent with pay. He was still not made aware of any charges. The superintendent then filed a complaint about the school board’s actions. He wanted to be reinstated until the charges were filed formally and a hearing was scheduled.

At the court hearing the school board stated that the superintendent was being charged with the following “serious charges:” delayed restroom construction, the superintendent’s authorization of money transferred from Title I salary and benefits for tuition reimbursement for two teachers studying to become principals, tuition reimbursement amounts in excess of the authorized amount in the collective bargaining agreement, and the fact that the superintendent did not give the board five days notice when a prospective employee was interviewed.

Decision of the Court

On May 13, 2005, the PA Commonwealth Court affirmed the judgment made by the Common Pleas of Beaver County Court. The Common Pleas Court found in favor of the superintendent. The court directed that the superintendent was to be reinstated.

Basis for the Decision

The court stated that the superintendent’s conduct did not qualify as “serious,” and therefore would not “excuse compliance with Section 1080 of Public School Law.” The court also did not find the superintendent’s actions to “immediately threaten the public trust.” Due to the fact that the superintendent did not know what he was being charged with nor did he have a chance to respond to the charges the superintendent’s due process rights were violated. The trial court ordered the school board to reinstate the Superintendent.

Prepared by Noreen L. Wheeler, June 2005.