Burger v. Board of School Directors

I respectfully dissent from the majority because I believe that the Board of School Directors of the McGuffey School District (the “Board”) did not have the right to suspend Appellant Anthony Burger without pay or benefits pending his termination hearing and that Appellant properly sought mandamus relief from that action.

Pursuant to the Public School Code (the “Code”), superintendents may only be removed from office based on charges of misconduct or neglect if a majority of the board of school directors votes for such a removal following a hearing. See 24 P.S. § 10-1080. In my view, this…