Facts of the Case

 James N. Koren, a tenured professional employee and social studies teacher, was furloughed in June 1984 from the Jersey Shore School District due to declining enrollment. At the time of his furlough, Koren submitted a letter containing his address and desire to return to the district in the same or similar position.  Then he didn’t report annually until he heard that there was an opening in 1992, at which time he indicated the he desired to return to the district. When a social studies position became available in 1992 and the district did not recall Koren, he filed a complaint in mandamus seeking the court to force the district to recall him under section 1125.1 (d)(2) of the Public School Code, that provides for the reinstatement of suspended employees on the basis of seniority. The School District maintained that Koren did not submit an annual written request containing his address and desire to return as stated by the statutory requirements contained in subsection 1125.1 (d)(3) of the Public School Code.

The Court of Common Pleas, Lycoming County,  No 93-01162, Raup, P.J., noted that Koren and the School District each attributed a different meaning to the term “annually” in subsection 1125.1(d)(3), but concluded that the language of the subsection clearly and unambiguously requires a suspended employee to report in writing each and every year from the time of his suspension.  The Court sustained preliminary objections of board of directors and dismissed complaint in mandamus.

Koren appealed on the contention that the wording in subsection 1125.1(d)(3) was ambiguous and that he had fulfilled the requirement of "annually&qout; by informing the School District of his address and availability in 1992 when the Social Studies opening occurred.

Decision of the Court

 On 26 June 1995, Judge J. Friedman of the Commonwealth Court, No. 1203 C.D. 1994 held that a furloughed district employee who does not fulfill his yearly obligation to express written interest and his address clearly forfeits his rights to reinstatement and Seniority.  Della Porte, Senior Judge, filed a dissenting opinion.

Basis for the Decision

 Because Koren could not establish a clear legal right to recall or a corresponding duty on the part of the School District to offer reinstatement, his request for mandamus failed.  The Court based it"s decision upon 1125.1(d)(3) of the Public School Code:

 To be considered available a suspended professional employee must
annually report to the governing board in writing his current address and
his intent to accept the same or similar position when offered. (p. 450)

 This Reargument Denial held with Judge Friedman"s opinion and interpretation of this Section in which he stated:

 It is true that under the "every year" interpretation, an employee who misses a year of reporting forfeits his recall and seniority rights; however, a yearly reporting requirement is not an onerous burden to bear for those who desire to avail themselves of the protections granted. (p. 453)