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Doan eos ad ' 3 eS sore Se a ; Sa a i v- Deerd.of Publte Eduestion (4958) 2% LW. 4512, 7 7 . Proceedings for Teneval of teacher. , The Court ef Common ; Pleas, No.6 ef the Couaty of Phi lade iphia reversed the Superintendent wen of Public Instruction's erder discharging the tencher and the Board of Education eppealed.. The State Supreme Court held, that where the local superintendent ef schools, in 1952, asked teacher if teacher had been press director of professional section of Communist political association im 1944, and teacher after consulting counsel refused toe auswer that question or similar questions, the deliberate and is- subordinate. refusal stamped teacher with incompetence within statute making incompetence ground for dismissal of teacher. Court's erder reversed and Superintendent's order affirming dismissal sustained. | The U. S. Supreme Court, in an opinion by Mr. Justice Burton stated, in substance: ‘The question before us is whether the Board ef Public Education for the School District of Philadelphia, Pennsylvania, violated the Due Process Clause of the 14th Amendment when the Board, purporting to act under the Peunsylvania Public School Code, discharged a public school teacher on the ground of mi ncompetency®, evidenced by e teacher's refnsal of his Superintendentis r a t's request te confirm or refute information .as to the teacher's loyalty and his activities in certain allegedly subversive organizations, We hold that it did mot. We. find no requirement in the Federal Constitution that a teacher's classroom conduct be:the sole basis for determining his fitness. Fitsess for teaching depends.on a broad range of factors. The Pennsylvania tenyre provision specifies several disqualifying grounds one ef which is