Both of these holdings have also been appealed to this Court but, because of the decision reached herein, need not be addressed.See Alberts v. Garofalo, 393 Pa. 212, 142 A.2d 280 (1958); Brinser v. Cumberland-Perry Area Vocational-Technical School Joint-Operating Committee, 44 Pa. Commw. 554, 405 A.2d 964 (1979), aff'd 494 Pa. 123, 430 A.2d 276 (1981). Causes for suspension
Section 1125.1(c) of the Code states that "[a] school entity shall realign its professional staff so as to insure that more senior employes are provided with the opportunity to fill positions for which they are certificated and which are being filled by less senior employes." Although Section 1125.1 of the Code is entitled "persons to be suspended" and contains the procedure by which professional employees, allowed to be suspended under Section 1124, are selected and the rights to which they are entitled, see Brisner v. Cumberland Perry Area Vocational-Technical School Joint-Operating Committee, 44 Pa. Commw. 554, 405 A.2d 964 (1979), aff'd 494 Pa. 123, 430 A.2d 276 (1981), this Court, in Shestack extended its application to demotions caused by a realignment of the professional staff within a school district. 24 P. S. § 11-1124.
See McKeesport Area School District Board of Directors v. Collins, 55 Pa. Commw. 548, 423 A.2d 1112 (1980). A tenured professional employee may only be suspended for the reasons set forth in Section 1124 of the Public School Code of 1949 (Code), and his suspension must be in accord with the procedure and rights found in section 1125.1 of the Code.Brinser v. Cumberland-Perry Area Vocational-Technical School Joint-Operating Committee, 44 Pa. Commw. 554, 405 A.2d 964 (1979), aff'd, 494 Pa. 123, 430 A.2d 276 (1981). Act of March 10, 1949, P.L. 30, as amended, 24 P. S. § 11-1124.
This conclusion, of course, is at variance with the letter of approval sent by the Department to the School District. It is this approval letter which is critical to our decision in this case because it distinguishes it from prior cases of this Court and our Supreme Court relied upon by Appellee. In reaching its conclusion, the trial court relied upon Eastern York School District v. Long, 494 Pa. 105, 430 A.2d 267 (1981); Warwick Board of School Directors v. Theros, 494 Pa. 108, 430 A.2d 268 (1981); Lake Lehman School District v. Cigarski, 494 Pa. 119, 430 A.2d 274 (1981); Cumberland-Perry Area Vocational Technical School Joint Operating Committee v. Brinser, 494 Pa. 193, 430 A.2d 276 (1981). We note initially that all these decisions were decided by an equally divided Supreme Court and therefore are not controlling but are of persuasive value.