PITTENGER, ET AL. v. UNION AREA SCH. BD.

No. 1673 C.D. 1975.

24 Pa.Commw. 442 (1976)

John C. Pittenger, Secretary of Education, and Robert P. Kane, Attorney General, Plaintiffs v. Union Area School Board, Defendant.

Commonwealth Court of Pennsylvania.

May 11, 1976.


Attorney(s) appearing for the Case

William J. Atkinson, Deputy Attorney General, with him Howard M. Levinson, Deputy Attorney General, Vincent X. Yakowicz, Solicitor General, and Robert P. Kane, Attorney General, for plaintiff.

Walter A. Kieler, for defendant.

Anthony D. Newman, for amicus curiae, Pennsylvania State Education Association.

William Fearen, with him Cleckner and Fearen, for amicus curiae, Pennsylvania School Boards Association.

Argued March 3, 1976, before President Judge BOWMAN and Judges CRUMLISH, Jr., WILKINSON, Jr., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.


OPINION BY JUDGE MENCER, May 11, 1976:

We are confronted here with the question of whether the Union Area School Board (Board) has the duty to modify its existing school calendar to reschedule 5 pupil-instruction days lost during a strike of school employees. Following argument on March 3, 1976, we entered an order on March 8, 1976, directing the Board to make such a modification to insure that 180 days of instruction for pupils will be provided before the end of...

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