Franson v. Bald Eagle Area School District

668 A. 2d 633 ( Cmwlth., 1995 )

Facts of the Case

Sandra Franson appealed the May 31, 1995 order of the Secretary of Education, No. 8-93, in which he affirmed the decision of the Bald Eagle Area School District denying her the status of a professional employee.

Franson was hired by the District as a substitute teacher on a day-to-day basis for the 1987-88 school year, in which capacity she continued for the 1988-89 school year. For the next three years, 1989-90 through 1991-92, she was appointed as a full-time substitute to teach second grade in the District's Snow Shoe School, to fill a position available as a result of the retirement of a third grade teacher. For the 1992-93 school year, Franson returned as a substitute on a day-to-day basis.

Franson sought a hearing before the school board asserting that she had attained the status of a professional employee and seeking reinstatement. The school board determined that Franson was employed as a full-time substitute, so therefore had not acquired the status of temporary professional employee. Since she had not served the two-year probationary period as a temporary professional employee, Franson was not entitled to become a professional employee in the third year. Franson appealed to the Secretary of Education, who affirmed the school board.

Decision of the Court

On 21 December 1995, The Commonwealth Court, No. 1551 C.D., affirmed the decision of the Secretary of Education, No. 8-93, denying Franson the status of professional employee.

Basis for the Decision

The Court stated that "on appeal it must affirm the Secretary unless it finds a violation of the constitutional rights, an error of law, a manifest abuse of discretion, or that any necessary finding of fact is not supported by substantial evidence." Belasco v. Board of Public Education of School District of Pittsburgh, 510 Pa. 504 A. 2d 337 (1986).

The court based its decision on Section 1101 and 1108(b) of the Public School Code of 1949. Section 1101 defines the terms "substitute" and "professional employee", while Section 1108(b) concerns the two-year probationary period to be served by a temporary professional employee before becoming a professional employee.

Also,the Court stated: "As the Secretary of Education noted a professional employee does not acquire any right to teach in a particular classroom or building; that the school board has the right to reassign teachers as necessary for the proper administration of the school system." Olson v. Board of School Directors Methacton School District, 84 Pa. Cmwlth. 189, 478 A. 2d 954 (1984)."

Written by Luther Stroup Jr. and Larry Boyer, July, 1998.