Honorable James N. Rule, AGO 13 Opinion No. 13 Pennsylvania Attorney General Opinions
Opinion of the Attorney General June 17, 1931 School Districts—Computation of Population—Exclusion of Indigent Nonresident Inmates of State Institutions and Private Owned School for Deaf and Dumb Children Which Receive State Aid—Act of 1911, P. L. 309, Sections 102 to 107, construed. For the purpose of computing the school district population as provided for by Sections 106-107 of the School Code, indigent nonresident inmates of tax supported institutions located in the district and nonresident pupils of a privately-owned school for deaf and dumb children which receives state aid to the full amount of cost and maintenance of such children, may be excluded. Honorable James N. Rule, Superintendent of Public Instruction, Harrisburg, Pennsylvania. Sir: "We have your request to be advised upon the interpretation of Sections 102 to 107, of the Act of May 18, 1911, P- L. 309, and its amendments, in the application of the School Code to the following questions: (a) Should inmates of institutions for indigent poor, insane and tubercular persons be included as part of the population of a school district within which the institutions are located, for the purpose of classification of the district as provided in Section 102 of the Code ? (b) Should the transient population of a privately-owned school for deaf and dumb children, which receives State aid to the full amount of the cost of tuition and maintenance, be included in the population of a school district within which it is located, for the purposes of classification? In our opinion, and you are advised, if nonresidents of the district, they should not. The provision of this section does not appear to have been passed upon by the Courts of this State. However, we base the conclusion here expressed on the following reasons: The school districts of the State are classified upon the basis of population into four classes. Distinctions are made by law as to the administration of the districts of the several classes: for instance, the minimum salaries which shall be paid to teachers, supervisors, principals, and superintendents vary as to the class of the district; the percentage of salaries to be paid to the district by the Commonwealth for its teachers, supervisors, principals and all other members of the teaching and supervisory^ staff in the ...
