Charleroi Area School District v. Commonwealth

Dissenting Opinion by

Judge Mencer:

I respectfully dissent. Admittedly, the regulations of the State Board of Educational provide that the Department of Education has the responsibility for “designation of professional titles for personnel.” 22 Pa. Code §49.13 (b) (2). However, my comprehension of such authority, applied to the facts of the instant case, is that the Department may designate “School Psychologist” as a proper professional title and establish standards for certification *127of personnel as school psychologist. I do not understand that the Department can go beyond this designation and…