Dismissal of a Professional Employee: Arbitration

School Code

Substantive

111(e)514
5271122
1123  

Procedural

1133

Regulations of the State Board of Education

Substantive

Procedural

School Board Policies for Teachers

Section 5-510 of the School Code gives the school board the authority to "....adopt and enforce....reasonable rules and regulations....regarding the management of its schools andthe conduct and deportment of ....teachers....". Such rules and regulations would be considered in judging persistent and wilful violation of school law, persistent negligence, incompetence etc.

BECs

24 PS 2070.9

Mandatory Report Form

Cases

Philadelphia Fed. (1975) Neshaminy Fed. (1981) Neshaminy Fed. (1983)
Wilson Area Ed. (1985) Scotchlas (1985) Musser (1986)
Musser (1988)Northeast Ed. Assoc. (1988) Middle Bucks Cnty (1989)
Garnet Valley (1989) Manheim Ctrl. Ed. Assoc. (1990) Pheonixville S.D. (1993)
Riverview Schl. Dist. (1994) Juniata-Mifflin County (1997) 

 

Collective Bargaining Agreement

Language of the agreement concerning just cause should be read carefully. Also, the limitations placed upon the arbitrator in terms of what is to be done regarding dismissal should be checked- i.e. does the arbitrator determine the penalty or does the arbitrator determine if the evidence supports the action of the board, etc?

Appeals Process

  • Arbitration
  • Court of Common Pleas
  • Commonwealth Court
  • Pennsylvania Supreme Court

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