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Bellefonte Area School District v. Deak

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Argued: April 4, 2001

Tracey S. Deak appeals from the order of the Court of Common Pleas of Centre County (trial court) that granted the motion for summary judgment filed by Bellefonte Area School District (School District) and entered judgment in favor of the School District and against Deak in the amount of $15,164.94. We vacate and remand.

Deak was a special education teacher for sixth, seventh, and eighth graders at the Bellefonte Middle School. On March 3, 1997, Deak requested and was granted sabbatical leave for the 1997-98 school year. The sabbatical was taken pursuant to several sources of authority: Sections 1166, 1166.1, and 1168 of the Public School Code of 1949 (School Code), Act of July 23, 1970, P.L. 563, as amended, 24 P.S. ��11-1166, 11-1166.1 *fn1 , and 11-1168; Article 17 of the School District Collective Bargaining Agreement (CBA); and the School District Policy No. 438. Pursuant to the CBA, Deak was paid 50% of her salary during the sabbatical, or $19,141. She also purportedly received benefits worth $7,613.65 during this time, in the form of social security, Medicare, retirement, medical insurance, life insurance, income protection, workers’ compensation, and other benefits.

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