Denison, 073031 PAAGO, AGO 19

• Case Date: July 30, 1931
• Court: Pennsylvania

Honorable W. M. Denison AGO 19 Opinion No. 19 Pennsylvania Attorney General Opinions Opinions of the Attorney General July 30, 1931          School Districts—Libraries—Establishment and Maintenance by School Districts—School Libraries—Non-school Libraries—School Code Sections 401 and Art. XXV.          School districts may establish and maintain public school libraries which are, in effect, free, public, non-sectarian libraries. School funds may not be used for the sole maintenance of any libraries except public school libraries. School funds may be .used to assist in the maintenance, or establishment and maintenance of non-school public libraries where no separate public school library exists.          Honorable W. M. Denison, Deputy Superintendent of Public Instruction, Harrisburg, Pennsylvania.          Sir: You have asked to be advised whether a board of school directors may use funds of the school district for the maintenance of a public library or to assist in maintaining such a library. You ask further whether the fact that the board maintains school libraries under statutory authority would, in any way, affect the answer to your first question.          The School Code of May 18, 1911, P. L. 309, provides for .the establishment and maintenance of public school libraries from the funds of school districts. The basic authorization is found in Section 401 of the Code, 24 P. S. 331. Article XXV of the Code, 24 P. S. 2161, et seq., contains detailed directions in respect to such libraries.          Section 2507 of the Code authorizes school boards to appropriate from school taxes such sums as they may deem proper, not exceeding one mill on each dollar of the assessed valuation of taxable property, for the support and maintenance of public school libraries within their districts. It also contains provisions for paying the cost of buildings for school libraries.          Section 2513 provides for keeping public school libraries open throughout the year "For the' use and convenience of the residents of the district.'' It also authorizes the directors to permit residents of other school districts to use the libraries.          Section 2510 provides that:

"Instead of establishing or maintaining a separate public school library, any board of school directors may, by a two-thirds vote,.join with or aid any individual or association in the maintenance, or the establishment and maintenance, of a free, public non-sectarian library, under such written

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