Our recent decision in Filoon v. Middle Bucks Area Vocational-Technical School, 160 Pa. Commw. 124, 634 A.2d 726, 729 (1993), distinguished demotions and suspensions:
A demotion under the School Code does not involve a separation from service, but rather is "a reassignment to a position which has less authority, prestige or salary." Walsh v. Sto-Rox School District, 110 Pa. Commw. 421, 424, 532 A.2d 547, 548 (1987). A reduction to part-time status also is a demotion. Reed [v. Juniata-Mifflin Counties Area Vocational-Technical School, 112 Pa. Commw. 529, 535 A.2d 1229], 532, 535 A.2d [1229], 1231 [1988]. Demotions are presumptively valid and an employee seeking to overturn a demotion has the burden of proving the action was arbitrary, discriminatory or founded on improper considerations. Id. at 536, 535 A.2d at 1233. As to what constitutes a suspension, we have held that a suspension is in the nature of an impermanent separation: a furlough or layoff. Norwin School District v. Chlodney, 37 Pa. Commw. 284, 286, 390 A.2d 328, 330 (1978). Permissible reasons for a suspension are set forth in Section 1124 of the School Code, and when resulting from a realignment, it must be implemented in accordance with that provision's strict seniority principles. With regard to what constitutes a realignment for purposes of the School Code, we have adopted the definition "to reorganize or make new groupings of." Fry v. Garnet Valley School District, 86 Pa. Commw. 206, 209, 485 A.2d 508, 510 (1984) (citing Webster's New Collegiate Dictionary 954 (1981)).
Further, separate provisions of the Code govern each action. Demotions are covered by Section 1151 of the Code and the sole avenue of appeal from an adverse adjudication of a school board is to the Secretary of Education. Section 1131 of the Code, 24 P.S. § 11-1131. Suspensions on the other hand, are controlled by Section 1124 of the Code, 24 P.S. §11-1124 (causes for suspension), and Section 1125.1 of the Code which must be read in tandem. The courts of common pleas have jurisdiction to hear the appeals pursuant to these provisions. Section 1125.1(f) of the Code, 24 P.S., § 11-1125.1(f). There have been instances where this Court has interpreted certain demotions due to realignments to be a hybrid action, thereby justifying application of the restrictions imposed by Sections 1124 and 1125.1, i.e., seniority. But the case before us now is not one of them. A "realignment demotion" is a "demotion resulting from a suspension caused by the elimination of a position and the attending reorganization." Filoon, ___ Pa. Commonwealth Ct. at ___, 634 A.2d at 730 (emphasis added).
Footnotes and emphasis omitted