Section 351.5. Appeals from denial of a hearing

(a) Where the board refuses to give an employe a hearing under sections 1151 or 1122 of the School Code (24 P. S. § § 11-1151 or 11-1122), the employe may appeal to the Secretary within 30 days after receipt by registered mail of the written notice of the decision of the board or may file upon receipt of actual written notice of the denial of a hearing, whichever comes first.

(b) The procedures prescribed in § 351.4(a)—(c) (relating to rules of practice and procedures for teacher tenure appeals filed with the Secretary) shall be followed for the hearings described in subsection (a).

(c) The hearings described in subsection (a) shall be held for the purpose of determining the nature of the action by the board and determining the professional employe status of the appellant.

(d) Argument shall be heard at the discretion of the hearing examiner.

The provisions of this § 351.5 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

Notation

Notes of Decisions

Notice of Appeal

Complaint in Mandamus was properly dismissed by Court of Common Pleas since refusal of Board to hold hearing on demotion of professional employee is a ground for appeal to the Secretary of Education; transfer of the case to the Secretary of Education would have been ineffectual since the complaint had not been filed within the 30 day period provided for in 22 Pa. Code § 351.5(a). Black v. Board of Director of West Chester Area, 510 A.2d 912 (Pa. Cmwlth. 1986).