*1 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT DR. SUSAN KEGERISE, : No. 877 MAL 2016

: Respondent : : Petition for Allowance of Appeal from : the Order of the Commonwealth Court v. :

: : KATHY L. DELGRANDE, JOHN F. :

DIETRICH, CLIFTON D. EDWARDS, :

CAROL L. KARL, JESSE RAWLS, SR., :

DR. PETER J. SAKOL, HELEN D. :

SPENCE, AND MARK Y. SUSSMAN, IN :

THEIR OFFICIAL CAPACITY, :

: Petitioners : ORDER PER CURIAM

AND NOW , this 17th day of May, 2017, the Petition for Allowance of Appeal is GRANTED . The issues, as stated by Petitioner, are:

a. Whether the Commonwealth Court majority’s holding that a claim of

constructive discharge does not require actual resignation conflicts with the United State Supreme Court’s holdings in Green v. Brennan , 136 S.Ct. 1769 (2016) and Pennsylvania State Police v. Suders , 124 S.Ct. 2342 (2004)[?]

b. Whether the Commonwealth Court majority’s holding that a claim of

constructive discharge does not require actual resignation conflicts with this Court’s decision in Pennsylvania Labor Relations Bd. v. Sand’s Ret. Corp. , 240 A.2d 801 (Pa. 1968) or the Superior Court’s decisions in Kroen v. Bedway Sec. Agency, Inc. , 633 A.2d 628 (Pa. Super 1993) and its progeny[?]

c. Whether the Commonwealth Court majority erred as a matter of law

and so abused its discretion as to call for this Court’s review in concluding that Kegerise had a clear right to relief in mandamus pursuant to Section 1080 of the Public School Code, even though Section 1080 is silent as to the District’s obligations in the face of a superintendent’s resignation[?]

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