Appeal, No. 100, Oct. T., 1956, from judgment of Court of Common Pleas of Lancaster County, Sept. T., 1955, No. 77, in case of Evelyn Mae Mellinger, a minor, by Stanley Mellinger, Sr., her guardian, v. G. Marlin Spaid, Principal, Warwick Union School District, et al. Judgment affirmed.
K. L. Shirk, Sr., with him George C. Xakellis and Shirk & Shirk, for appellants.
J. Marlin Shreiner, for appellees.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 181 Pa. Super. Page 163]
On September 26, 1955, an action of mandamus was instituted to compel the proper school officials of the Warwick Union School District to issue a general employment certificate to Evelyn Mae Mellinger. Preliminary objections were filed, and the parties subsequently agreed upon a statement of facts in the nature of a case stated. After oral argument, the court below directed the issuance of the certificate. This appeal followed.
The question involved may be thus stated: In the case of a child who has attained the age of sixteen years and has met all of the statutory requirements, does a local school district have discretion in the issuance of a general employment certificate, or is the issuance of such certificate mandatory.
According to the stipulation, Evelyn Mae Mellinger was born August 22, 1939, and is presently between
[ 181 Pa. Super. Page 164]
sixteen and seventeen years of age. She has completed the tenth grade in school. An application for a general employment certificate was filed in proper form, having thereto attached the required proof of age, promise of employment, parent's consent, and record of physical examination. The application was refused because it did not come within the work permit policy adopted by the school district, which reads as follows: "Children are to attend school until their 17th birthday before they may be issued a work permit. Exceptions: 1. If their 17th birthday falls within the school year they may be issued the permit before the opening of school. 2. If the parent lives on a farm and farms it himself and he needs his child's help, a farm permit may be issued to the child if he is 16 years of age. 3. If a farm parent needs his child for short periods of time an emergency farm permit may be issued to 15-year-olds for short periods of time only or for longer periods at the discretion of the Board. 4. If parents can prove that they need the child's assistance to support the family, the Board may issue a work permit to 16-year-olds."
The Public School Code sets forth, Act of March 10, 1949, P.L. 30, section 1326, 24 PS § 13-1326, that school attendance is compulsory until the age of seventeen years unless the child holds a certificate of graduation from a regularly accredited senior high school. However, section 1330 of the Code (24 PS § 13-1330) provides that the compulsory attendance requirement shall not apply to any child who "(1) Has attained the age of sixteen (16) years, and who is regularly engaged in any useful and lawful employment or service during the time the public schools are in session, and who ...