Appeal, No. 121, Jan. T., 1948, from decree of Common Pleas, Luzerne Co., Oct. T., 1947, No. 1338, in Appeal of Cecil T. Dugan, a professional employe from decision and order of Francis B. Haas, Superintendent of Public Instruction. Decree affirmed.

Appeal by professional employe from decision of Superintendent of Public Instruction dismissing her appeal from action of Board of School Directors of borough school district.

The facts are stated in the opinion, by VALENTINE, P. J., of the court below as follows:

This is an appeal by Miss Cecil T. Dugan from the decision and order of the Superintendent of Public Instruction, dismissing her appeal from the action of the Board of School Directors of Dupont Borough School District.

Miss Dugan was graduated from the West Chester Normal School (now Teachers' College) in June, 1922, and received a Normal School teachers certificate. After practicing the profession of teaching for two successive annual terms she was granted a State Normal School certificate on March 31st, 1925. On August 1st, 1928, she was appointed Supervising Principal of the public schools of Dupont Borough. She retained this position until January 2d 1947. On December 14th, 1933, the Department of Public Instruction issued to her a Supervising Principal's certificate. This was done because she then met the requirements and standards designated by the State Council of Education for the certification of Supervising Principals. The language of the certificate is that she "is hereby certified as being legally qualified to act as Supervising Principal in any Public School District of the third or fourth class which has no District Superintendent."

The requirements adopted by the State Council of Education for Supervising Principals provide, inter alia: "4. All persons serving as supervising principals up to and including May 29, 1931, and so elected by their respective Boards of School Directors, shall be considered as having fulfilled the qualifications requisite for the holder of a supervising principal's certificate, provided their application for such a certificate is approved by their proper county superintendent of schools."

In 1928, when Miss Dugan first assumed the duties of Supervising Principal of Dupont Borough Schools, the District had an elementary grade school only. In 1935 a two year high school was established, and in 1936 the high school was increased to a term of three years. On June 25th of that year (1936), Miss Dugan was "retained as Supervising Principal for the elementary and high school of Dupont". In 1937 the school was changed to a "four year high school", and pursuant to the requirements of the Teachers' Tenure Act, a contract was executed employing Miss Dugan to serve as Supervising Principal in the said Dupont School District.

On December 23rd, 1946, the Board of Directors of said School District dismissed Miss Dugan as of January 2d 1947, and appointed Louis Ritzie as her successor.

On the same day she was appointed "principal of elementary grades in the Pulaski School building effective January 2d 1947 ".

Upon Miss Dugan's demand, a hearing was held February 3rd, 1947. The charges preferred against her were, inter alia: "Miss Dugan is incompetent for the position of Supervising Principal of elementary and secondary schools in the School District of the Borough of Dupont, because of lack of education and certification qualifications demanded by the Department of Public Instructions". The Board concluded that Miss Dugan was incompetent for the position of Supervising Principal and affirmed its former action. The Superintendent of Public Instruction dismissed her appeal from which order Miss Dugan took the appeal which is now before us.

In disposing of the case, the Superintendent of Public Instruction leaned heavily upon the Opinion rendered by the Department of Justice, in which it was said: "While Paragraph 4 [of the requirements adopted by the State Council of Education] above quoted had the force and effect of putting the seal of approval upon her qualifications as supervising principal of the then established school system of elementary schools, it could not approve her qualifications to a position which was created later, that is, supervising principal of a school system consisting of elementary and secondary schools, particularly in view of the fact that this new position required additional educational qualifications. The election of the teacher to supervising principal of elementary and secondary schools was therefore illegal so far as secondary schools were concerned, and such illegality results from the inherent defect arising out of the lack of qualifications to hold the position to which the teacher was elected."

We think this reasoning overlooks the fact that the certificate which Miss Dugan holds is unlimited and unconditional. It does not purport to be effective only during the period the School District, in which the holder is employed, has elementary grades, but qualifies her to act as principal in any public school district of the third or fourth class which has no District Superintendent.

The certificate thus complies with the requirements of Section 4 of the amending Act of April 6, 1937, P. L. 213, in that the holder is "certificated by the Department of Public Instruction" in accordance with the standards established by the State Council of Education. If the certificate is to be limited or restricted, such action should emanate from the State Council of Education. This body has established, or adopted, the standards and requirements of Supervising Principals' certificates and entirely apart from its power to suspend or revoke such certificates, given it by the Act of May 29, 1931, P. L. 210, Section 3; (24 PS, 1226), it must have inherent power and authority to revise and change such standards from time to time as occasion requires, or reason demands.

The provisions of Paragraph b of Section 3 of the Act of May 29th, 1931, supra, that said Council shall have power "To establish and promulgate standards of preliminary and professional education and training for teachers in such schools", was evidently intended to confer such power upon the Council. The standards adopted by the State Council of Education are not irrevocable and unchangeable, but when the Department of Public Instruction has issued a certificate which is based upon the standards of requirements adopted by the State Council of Education, such certificate is not, without the approval of the Council, or the change of the requirements for its issuance by that body, subject to amendment, change or restriction by the Department of Public Instruction.

If Miss Dugan does not possess "the educational requirements established by the State Council of Education for supervising principals of elementary and secondary schools," as stated in the Opinion rendered by the learned Deputy Attorney General, that body should correct the situation by designating the standards required for Supervising Principals in Districts in which secondary schools have been established. However, this has not been done.

If the requirements of Supervising Principals in Districts in which high school courses are established, are to be different from those serving in Districts having only elementary schools, the State Council of Education may so declare, but the Council has not so declared.

Had Miss Dugan not been serving as Supervising Principal prior to May 29th, 1931, a different situation would be presented. However, she was then acting in the capacity of Supervising Principal. Concededly, her appointment to such position was then legal and proper. Nor do we think her reëmployment in 1936 or 1937 can be deemed illegal, as she was then certified as being "legally qualified to act as Supervising Principal of any public school district of the third or fourth class which had no District Superintendent", which certification, in no wise, limited her qualifications as relating to Districts in which only grade schools had been established. On the basis of such certificate, which had been issued pursuant to the standards and requirements of the State Council of Education, she continued to act as Supervising Principal for twelve years after a high school had been established in the District, and nine years after the term of the high school had been increased to four years.

In the absence of any action by the State Council of Education, changing the standards and requirements for Supervising Principals in Districts in which secondary schools have been established from those required for such Principals in Districts having grade schools only, and the issuance of appropriate certificates for such respective situations, we conclude that the certificate which Miss Dugan now holds qualifies her to act as Supervising Principal in the Dupont Borough School District.

As Supervising Principal, Miss Dugan received a salary of $3250.000 per year. Her salary as Principal in the Pulaski School Building is $2500.00 annually. That Miss Dugan was demoted, both in salary and type of work, is, we think, clear. We can find no basis for concluding that the certificate held by her became annulled or restricted because, after its issuance, a high school course was established which embraced subjects which she was not certified to teach.

Therefore, now, the 19th day of December, 1947, the appeal is sustained; the action of the Superintendent of Public Instruction reversed, and it is ordered that Cecil T. Dugan be retained as Supervising Principal of the schools of the Dupont Borough School District.

School Board appealed.