Denison, 092832 PAAGO, AGO 67

• Case Date: September 28, 1932
• Court: Pennsylvania

Honorable W. M. Denison AGO 67 Opinion No. 67 Pennsylvania Attorney General Opinions Opinions of the Attorney General September 28, 1932          Public schools—Vaccination—Authority of school districts to provide for free vaccination.          School districts are without authority to expend public moneys for the purchase of vaccine and to provide free vaccination for school pupils.          Department of Justice,          Harrisburg, Pa.,          September 28, 1932.          Honorable W. M. Denison,          Deputy Superintendent of Public Instruction,          Harrisburg, Pennsylvania.          Sir: You have asked us to advise you whether boards of school directors may expend school funds for the purchase of vaccine and to provide free vaccination for children attending the public schools.          The School Code of May 18, 1911, P. L. 309, contains; no express authorization of expenditures of this kind, and no general power which we could construe to include such authority. Section 1511, which was added to the School Code by the Act of July 17, 1917, P. L. 1032, 24 P. S'. 1511, permits school districts to provide for care and treatment of defective eyes and teeth of school children, but there is no mention of vaccination.          Our conclusion is supported by the general policy of the Commonwealth in respect to the so-called compulsory vaccination provisions of the Act of June 18, 1895, P. L. 203, 53 P. S. 2181, 2182. Ever since its enactment its enforcement has been regarded as the function of the health authorities and not of the school districts. In Stull v. Beher, 215 Pa. 156, 160 (1906), the...