Denison, 010933 PAAGO, AGO 77

• Case Date: January 09, 1933
• Court: Pennsylvania

Honorable "W. M. Denison, AGO 77 Opinion NO. 77 Pennsylvania Attorney General Opinions Opinion of the Attorney General January 9, 1933          Teachers' salaries—Proper method of calculating proportion to be paid by the State—Act of May 18, 1911, P. L. 309, See. 1210.          Example: The fact that a teacher is receiving a salary less than the amount fixed by the School Code cannot change the basis upon which the Commonwealth must contribute to such teacher's salary. If she is receiving an amount equal to or greater than the¹ annual or basic minimum prescribed for elementary teachers in her district, the State's contributions toward her salary will be sixty per centum of that minimum. If she is receiving less than that minimum, the State's contribution will be sixty per centum of the actual salary.          Department of Justice,          Honorable "W. M. Denison, Deputy Superintendent of Public Instruction, Harrisburg, Pennsylvania.          Sir: You have asked us to advise you as to the proper method of calculating the proportion of the salary of a school teacher which is to paid by the State where the teacher is receiving less than the basic minimum and earned increments prescribed by the School Code.          In answering your inquiry we shall consider only the question of what payments the State must make under the circumstances outlined. We are not here concerned with the propriety of the arrangement existing between the teacher and the school district under which the teacher's salary is so fixed.          For purposes of illustration and discussion, we shall consider the question in terms of the law applicable to an elementary school teacher in a school district of the third class which has a true valuation of between $50,000 and $100,000 per teacher. The principles involved in our determination will be equally applicable to other classes of teachers and districts.          The relevant statutory provisions are all contained in Section 1210 of the School Code of May 18, 1911, P. L. 309, as amended.          Paragraph 6 of the section (24 PS Sec. 1169) prescribes the minimum salaries of teachers in districts of the third class as follows:

"Elementary teachers, and elementary principals who devote less than one-half of their time' to supervision and administration, minimum annual salary one thousand dollars ($1,000), minimum annual increment one hundred dollars ($100), minimum number of increments four (4) ; * * *."

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