Community College v. Unemployment Compensation Board of Review

FRIEDMAN, Judge,

dissenting.

I must respectfully dissent from the majority opinion because I believe the summer session is a regular term within the meaning of § 402.1(1) of the Unemployment Compensation Law (Law).1 Although CCAC does not operate at full capacity during the summer, five thousand is a substantial number of students. Each year, CCAC offers these students a signifi*377cant number of courses during the summer. These courses include no less than six oral communications courses. There is no qualitative difference between summer coursework and coursework performed during the remainder of the year. Students receive the same number of credits for the hours worked and are expected to work the same number of hours per course. This coursework applies toward students’ degrees the same as any other coursework.

In Katz v. Unemployment Compensation Board of Review, 115 Pa.Commonwealth Ct. 424, 540 A.2d 624 (1988), we held that the spring term at the University of Pittsburgh is an academic term under § 402.1(2) of the Law, 43 P.S. § 802.1(2), because the students then enrolled were required to put in the same number of hours per course as they did other terms, and in return they received the same amount of academic credit. 'We also noted that a mere decrease in enrollment during the summer months does not prevent coursework completed during the summer from being an academic term. I believe the same rationale applies in this case and that the summer session at CCAC should be considered a regular term.

Accordingly, I would affirm.

. Act of December 5,. 1936, Second Ex.Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802.1, added by Section 5 of the Act of July 6, 1977, P.L. 41, as amended, 43 P.S. § 802.1(1).