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Christopher A. Rogalski v. Pennsylvania Department of Education, et al.

Paid petition · Commonwealth Court of Pennsylvania, No. 345 CD 2023 · judgment July 12, 2024


Certiorari denied · January 12, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Do educators have the basic First Amendment right to communicate with their students free of a presumption that by doing so they are engaged in “grooming” or “targeting” them for an “inappropriate relationship”? (Suggested answer is in the affirmative.)

  2. Does Due Process of Law require that disciplinary action against educators for exercising First Amendment rights be based upon violation of promulgated rules of conduct and ethics? (Suggested answer is in the affirmative.)

  3. Does Due Process of Law require the right to confront and cross examine an accuser prior to a determination imposing administrative “discipline” based upon a determination that a person is a “danger” to others, or restated, is the lower court's ruling that an affidavit for an arrest warrant creates an unrebuttable presumption of its truth an impermissible interpre­ tation of the constitutional burden of proof for administrative “discipline” ? (Suggested answer is in the affirmative.)

  4. Does the Due Process of Law right to justice without de­ nial or delay require taking judicial or administrative notice of a court transcript of testimony contrary to allegations made by totem pole hearsay? (Suggested answer is in the affirmative.)

  5. Does Appellant's Fourteenth Amendment right to liberty and Due Process right to a fair trial supersede the Common­ wealth's interest in involuntarily determining his “eligibility” to apply for a renewed teaching license so it could publish false allegations against him online to poison potential jurors in the criminal case?

Counsel of record

For petitioner
Christopher A. Rogalski

For respondent
John A. Torrente
Begley, Carlin & Mandio, LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
25M29

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 03 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 19 2025
    Waiver of right of respondents Pennsylvania Department of Education; Professional Standards and Practices Commission to respond filed.
  4. Nov 19 2025
    Waiver of right of respondent Neshaminy School District to respond filed.
  5. Oct 20 2025
    Motion (25M29) Granted.
  6. Oct 01 2025
    DISTRIBUTED for Conference of 10/17/2025.
  7. Aug 02 2025
    Motion (25M29) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  8. Aug 02 2025
    Petition for a writ of certiorari filed. (Response due November 21, 2025)