Hamburg v. North Penn School District, 86 Pa. Cmwlth. 371, 484 A.2d. 867 (1984)

Hamburg asserts that "incompetency" as a basis for discharge of a professional employee under Section 1122 of the School Code must be narrowly defined to be a lack of physical or mental ability to physically perform teaching duties. We disagree that such a narrow definition of "incompetency" is mandated by Section 1122. Where it sets forth the criteria for rating teachers to determine competency, the General Assembly specifically set forth four distinct areas which were to be considered: personality, preparation, technique, and pupil reaction. Section 1123 of the School Code, 24 P.S. § 11-1123. The General Assembly would not have included those specific areas in the rating system if it intended that "incompetency" sufficient to discharge a professional employee be defined only as the physical or mental inability to perform teaching duties. In construing a statute, a court must assume that the General Assembly intended that every word of the statute would have effect. Section 1922 of the Statutory Construction Act of 1972, 1 Pa.C.S. § 1922; Commonwealth v. Driscoll, 485 Pa. 99, 401 A.2d 312 (1979).

We are of the opinion that "incompetency," as used in Sections 1122 and 1123 of the School Code, encompasses deficiencies in personality, composure, judgment and attitude which have a detrimental effect upon a teacher's effectiveness. Here, the findings show serious deficiencies in Hamburg's exercise of prudent judgment as well as her overall professional conduct. The record shows a professional employee who was a disruptive influence at her school; who demonstrated an inability to control her pupils or events in her classroom; who continually failed to maintain poise and composure in front of her students and in dealings with other professional employees and parents; and who made repeated unfounded complaints, accusations, and threats against other professional employees, administrators, custodians, and clerical staff. We agree with North Penn that such conduct constitutes incompetence sufficient to support Hamburg's dismissal under Section 1122 of the School Code.

 

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