ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Key Facts: Gibbons was principal of Franklin Middle School in 1982. Due to financial
constraints the board chose to close the system’s other middle school. This decision created a
need for realignment of the district’s secondary school administrators. During this process,
Gibbons, the third most senior secondary school administrator, was made a high school assistant
principal while the newly appointed high school principal, Frank Datillo, held the fifth most
seniority. Gibbons requested a hearing to argue his reassignment below Datillo with the board.
The board justified their move based on Datillo’s prior experience at the high school level and
his understanding of the further complexities at that level of secondary schooling. Gibbons then
appealed to the trial court. The trial court affirmed the actions of the board. This appeal followed.
Issues: (1) Was the board’s decision to employ Datillo over Gibbons legal?
Holding: The court held that the trial court clearly erred in supporting the board based on
§ 1125.1(c) of Public School Code.
Reasoning: Per § 1125.1(c) of the Public School Code, all staff realignments must strictly
base the new positioning of administrators on seniority. This point was well made in the Appeal
of Cowden. The state of Pennsylvania did at one time employ a ranking system when staff
realignment occurred; that law, however, was repealed in 1979 giving rise to the seniority only
basis for realignment.
Disposition: The trial court’s ruling is reversed.
Citation: Breslin v. School Committee of Quincy, 20 Mass. App. Ct. 74; 478 N.E.2d 149,
(1985 Mass. App.).
Key Facts: The Quincy School District had undergone significant declines in enrollment
and tax base over the 10 years prior to 1982. In response to these district changes, Quincy
determined to restructure its junior high schools into middle schools moving Grade 6 up to
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