Persistent negligence
Persistent negligence 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. In case law, persistent negligence and wilful violation of school laws are linked as causes for dismissal in many instances so that they appear to be very similar. When 24 PS § 11-1122 was amended most recently (3-26-96, Act 16, § 3), the language changed from "persistent negligence" to "persistent negligence in the performance of duties", and "persistent and wilful violation of the school laws" became "persistent and wilful violation of or failure to comply with school laws of this Commonwealth (including official directives and established policy of the board of directors)", and another cause was inserted, "wilful neglect of duties." In any case, negligence refers to a neglect to perform duties as prescribed by law or school board policy. In Strinich v. Clairton School District, 494 Pa. 297, 431 A.2d 267 (1981), the Pennsylvania Supreme Court defined "persistent":
As a general proposition, 'persistent' is defined as 'continuing' or 'constant'. In particular application, persistency characterizes a violation of the school laws by a professional employee where the violation occurs either as a series of individual incidences, or as one incident carried on for a substantial period of time.
431 A.2d at 271. In Harrison v. Capital Area Intermediate Unit, 479 A.2d 62 (1984), Commonwealth Court found that a teacher's continuous failure to comply with a directive of his supervisors warranted dismissal for persistent negligence.
School Code 24 PS § 11-1122