Eule, 070133 PAAGO, AGO 83

• Case Date: July 01, 1933
• Court: Pennsylvania

Honorable James N. Eule AGO 83 Opinion No. 83 Pennsylvania Attorney General Opinions July 1, 1933          Appropriations—Allocations to the various school districts where the amount appropriated is less than the estimate required.          Authority of Superintendent of Public Instruction to distribute the full allotments for the year 1933-1934, and then to make a pro rata distribution of the balance for the following years. The manner of spreading the appropriation over the biennium is provided in the General Appropriation Act of 1933.          Honorable James N. Eule,          Superintendent of Public Instruction,          Harrisburg, Pennsylvania.          Sir: You have asked us to advise you concerning the manner in which you may allocate to the various school districts of the State the moneys appropriated for that purpose by the General Appropriation Act of 1933. The question arises from the fact that the amount appropriated is approximately $5,200,000 less than the estimate of the amount which would be required to meet in full, during the coming biennium, all payments prescribed by the portion of the School Code known as the Edmonds Act.          The appropriation is made to your department in the following language:

"For reimbursing school districts upon the salaries of school teachers and for closed schools and for nonresident high school tuition as required by law the sum of fifty-three million dollars ($53,000,000)

"Provided That this appropriation shall be so pro rated by the Department of Public Instruction that it will be spread over the biennium and the amounts due to school districts under existing law shall be paid in the discretion of the Department to accomplish this result

"Provided That the Superintendent of Public Instruction with the approval of the Governor may make payments from this appropriation in advance of the due dates prescribed by law to school districts which are financially handicapped whenever he shall deem it necessary to make such advance payments to enable such school districts to keep their public schools open"

         You ask whether under these provisions it would be proper to make the full payments required by the...