Hetherington v. Rogers

DISSENTING OPINION by

Judge LEAVITT.

The majority authorizes the removal of eight of the nine elected directors of the North Schuylkill School District because they voted to request the Pennsylvania Department of Education to approve their choice for school superintendent using a procedure expressly authorized by statute. The only director spared from removal came onto the School Board after this vote was cast. Simply, the Public School Code of 19491 does not authorize the courts to take the drastic step of removing elected directors of a school board because the directors have exercised their…