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PEQUEA VALLEY SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (07/05/78)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: July 5, 1978.

PEQUEA VALLEY SCHOOL DISTRICT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF EDUCATION, RESPONDENT; FABIO PINI ET AL., INTERVENORS

Appeal from the Order of the Secretary of Education in case of In the Matter of Administrative Hearings Under Act 372; Pequea Valley School District, No. 1974-2.

COUNSEL

Frank P. Mincarelli, with him Charles B. Grove, Jr., and Blakinger, Grove & Chillas, P.C., for petitioner.

Patricia A. Donovan, Deputy Attorney General, for respondent.

William B. Ball, with him Joseph G. Skelly, Philip J. Murren, and Ball & Skelly, for intervenors.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt and DiSalle. Opinion by Judge Rogers.

Author: Rogers

[ 36 Pa. Commw. Page 404]

Pequea Valley School District, Lancaster County, has filed a Petition for Review of an order of the Secretary of Education requiring it to transport school children in accordance with the Secretary's interpretation of Section 1361 of the Public School Code of 1949.*fn1 The issues and the facts are, with a minor exception,*fn2 the same as those presented in School District of Pittsburgh v. Department of Education, 33 Pa. Commonwealth Ct. 535, 382 A.2d 772 (1978), where in a comprehensive opinion we upheld the Secretary's interpretation of the Act and its constitutionality as so interpreted, but set aside the Secretary's order with respect to the district's subsidy as being without statutory authority. We will therefore enter an order essentially the same as the one made in that case.*fn3

Order

And Now, this 5th day of July, 1978, paragraph 2 of the Secretary of Education's final order dated September 8, 1976 requiring Pequea Valley School District to "transport all eligible non-public school children beyond the school district boundaries in accordance with the ten mile mandated requirement in Act 372" is affirmed; paragraph 3 thereof is vacated in the entirety, without prejudice to the Secretary's right to take further action with regard to subsidy as provided by law.

Disposition

Order affirmed in part and vacated in part.


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