Incompetency
Incompetency is one of the reasons (causes) stated in 24 PS § 11-1122 for which a professional or temporary professional employee can be dismissed from employment by the school board. It is also conduct for which the Professional Standards and Practices Commission (Commission) may impose discipline on a professional educator as stated in § 5(a)(11) of Act 141 of 1973 (P.L. 397). Under the power given by § 5(a)(11), the Commission adopted Chapter 237 of 22 PA Code to define terms, one of which is incompetency.
Dismissal
Section 11-1122 of The Public School Code of 1949 does not define incompetency, but the Pennsylvania Supreme Court judicially defined "incompetency" in Horosko v. Mount Pleasant Township School District, 335 Pa. 369, 6 A.2d 866, cert. denied, 308 U.S. 553, 60 S.Ct. 101, 84 L.Ed. 465 (1939):
We are not prepared to say the learned judge erred in concluding that the teacher's shaking "dice with customers for drinks" and showing them how to play a pin-ball machine in the presence of school children, supported the finding of incompetency in the circumstances shown. The term "incompetency" has a "common and approved usage". The context does not limit the meaning of the word to lack of substantive knowledge of the subjects to be taught. Common and approved usage gives a much wider meaning. For example, in 31 C.J., with reference to a number of supporting decisions, it is defined: "A relative term without technical meaning. It may be employed as meaning disqualification; inability; incapacity; lack of ability, legal qualifications, or fitness to discharge the required duty." In Black's Law Dictionary, 3rd Ed. p. 945 and in 1 Bouv. Law Dict., Rawle's Third Revision, p. 1528, it is defined as "Lack of ability or fitness to discharge the required duty." Cases constructing the word to that same effect are found in 4 Words and Phrases, First Series, page 3510, and 2 Words and Phrases, Second Series, page 1013. Webster's New International Dictionary defines it as "want of physical, intellectual, or moral ability; insufficiency; inadequacy; specif., want of legal qualifications or fitness." Funk & Wagnalls Standard Dictionary defines it as "General lack of capacity of fitness, or lack of the special qualities required for a particular purpose."
Horosko, 6 A.2d at 869-70. [footnote omitted] For a professional employe (tenured employee), incompetency is determined by an approved rating system, which may be either the PDE-5501, which replaced the DEBE -333, or an alternative rating system. In either case, the rating system must use meet the requirements of 24 PS § 11-1123 of the School Code. Incompetency is more than lack of physical or mental ability to perform classroom duties. See Hamburg v. North Penn School District, 86 Pa. Cmwlth. 371, 484 A.2d. 867 (1984) for a discussion of other behaviors. Also, a physical disability that results in a temporary absence is not incompetence. See Cerra v. East Stroudsburg Area School District, 450 Pa 207, 299 A.2d 277 (1973).
Discipline
The scope and effect of Chapter 237 of 22 Pa Code is stated in 22 Pa Code § 237.2. Cruelty is defined for the purposes of discipline imposed upon a professional educator by the Commission in 22 Pa Code § 237.4:
Incompetency is a continuing or persistent mental or intellectual inability or incapacity to perform the services expected of a professional educator.
School Code 24 PS § 11-1122
Regulations of the State Board of Education 22 PA Code § 237.4