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GIBBONS v. NEW CASTLE AREA SCHOOL DIST.

518 Pa. 443 (1988)

543 A.2d 1087

Charles E. GIBBONS, Appellee, v. NEW CASTLE AREA SCHOOL DISTRICT, Appellant.

Supreme Court of Pennsylvania.

Decided July 6, 1988.

Reargument Denied September 28, 1988.

Attorney(s) appearing for the Case

Dominick Motto, Balph, Nicolls, Mitsos, Flannery & Motto, New Castle, for appellant.

Bruce D. Campbell, Louis C. Long, Scott T. Redman, Meyer, Darragh, Buckler, Bebenek & Eck, amicus curiae for School Dist. of Pittsburgh.

Robert A. MacDonnell, Philadelphia, amicus curiae for Abington School Dist.

Stephen S. Russell, Chief Staff Counsel, New Cumberland, amicus curiae for Pennsylvania School Board's Assn.

Mark P. Widoff, Widoff, Reager, Selkowitz & Alder, P.C., Harrisburg, Ira Weiss, Pittsburgh, amicus curiae for Pennsylvania Ass'n of Elementary and Secondary School Principals.

Thomas W. Scott, Kilian & Gephart, Harrisburg, amicus curiae for Pennsylvania State Educ. Assn.

Kenneth E. Fox, Gregory S. Fox, Ellwood City, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION

ZAPPALA, Justice.

This case presents a question regarding the meaning, more precisely the scope, of Section 1125.1(c) of the Public School Code of 1949, 24 P.S. § 11-1125.1(c). That section, added to the Code by Act 1979-97, provides 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...

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