Denison, 060732 PAAGO, AGO 52

Case DateJune 07, 1932
CourtPennsylvania
Honorable W. M. Denison
AGO 52
Opinion No. 52
Pennsylvania Attorney General Opinions
Opinions of the Attorney General
June 7, 1932
         Public Schools—Minimum Salaries to Teachers—School Code May 18, 1911. P. L. 309, Sec. 1210 as amended.          The provisions of Section 1210 of the School Code of May 18, 1911, P. L. 309, as amended, which prescribed minimum basic salaries and required increments for teachers, are inseparable parts of a single salary schedule, and the increments are to be based only on the statutory basic minimum, irrespective of the actual salaries at which the teachers enter the employ of the districts.          Where a teacher enters the employe of a school district at a salary above the statutory basic minimum, the School Code does not require the district to increase her salary until the time at which she would have been entitled to a larger salary if she had entered the district at the statutory minimum.          Honorable W. M. Denison,          Deputy Superintendent of Public Instruction,          Harrisburg, Pennsylvania.          Sir: You have asked us to advise you whether, under clause 10 of Section 1210 of the School Code of May 18, 1911, P. L. 309, as last amended by the Act of May 23, 1923, P. L. 328, 24 P. S. 1173, a teacher who enters the employ of a school district at a salary higher than the statutory basic minimum applicable to such a teacher is entitled thereafter to receive all of the salary increments prescribed by the Code, or whether the maximum number of required increments is to be computed as though starting from the statutory basic salary.          If we conclude that the total of required increments is to be determined on the statutory basic minimum, a secondary question will arise. It is as to when a teacher who enters a district at a salary above the basic minimum but below the maximum required salary is entitled to receive the increments necessary to bring her to that maximum. For example, is she entitled to receive an increment in her second year of service in the district, although her original salary will even then be above the statutory basic minimum plus the first required increment ?          We shall consider these questions in turn.          Section 1210 of the Code contains the minimum salary schedule for teachers. Clause 10, to which you refer, follows the provisions; which prescribe these salaries. It reads as follows:
"The increments herein provided for are applicable only
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