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BURGER v. BD. OF SCHOOL DIRECTORS

839 A.2d 1055 (2003)

Anthony E. BURGER, Appellant, v. The BOARD OF SCHOOL DIRECTORS OF the McGUFFEY SCHOOL DISTRICT and the School District of McGuffey, Appellees.

Supreme Court of Pennsylvania.

Decided December 31, 2003.

Attorney(s) appearing for the Case

Ronald George Backer, Pittsburgh, for appellant Anthony E. Burger and Philip Haring Spare, Mechanicsburg, for amicus curiae for appellant Pennsylvania Association of School Administrators.

Michael Ira Levin, Huntingdon Valley, for appellee, McGuffey School District.

Before RALPH J. CAPPY, Chief Justice, and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, and LAMB, JJ.

OPINION

Justice SAYLOR.

Appeal was allowed to consider whether, despite the absence of express statutory authorization, a school board possesses implied authority to suspend a school superintendent accused of improper conduct on an interim basis, without pay and benefits, pending a termination hearing. An associated question presented concerns the availability of mandamus relief in this setting.

In 1998, the Board of School Directors (the...

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