Dismissal of a Temporary Prof. Employee: Arbitration

School Code

Substantive

111(e)514
5271108

Procedural

1133

State Board of Regulations

Substantive

351.21351.22
351.23351.24

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

24 PS 11-1123

 

Cases

Board of Educ. of the School Dist.of Philadelphia (1975)

Mifflinburg Area Ed. Assoc. (1988)

Collective Bargaining Agreement

If the agreement covers temporary professional employees as well as professional employees, does the agreement make a distinction between professional employees (i.e. tenured employees) and temporary professional employees (i.e. untenured employees) in terms of substantive and procedural rights. If a distiction is NOT made, the job security provisions in the agreement probably apply to the temporary professional employee (untenured) as well as to the professional employee (tenured) since both are "professional" employees under the meaning of PERA ( Act 195 of 1970). Therefore, a temporary professional employee could grieve a dismissal.

 

Appeals Process

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

     

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