Bensinger v. Palo Alto School District

Citations

• 56 Pa. Super. 226
• 1914 Pa. Super. LEXIS 70

Syllabus

<p>School law — High schools — Nonresident pupil — Payment for tuition and school hooks — Acts of May 23,1907, P. L. 202, and May 18,1911, P. L. 309 — Statutes—Repeal.</p> <p>1. Where a parent residing in one borough has sent his daughter to a high school in another borough, and has paid to the school district of the latter borough a proper sum of money for the tuition' and school books for his daughter in the high school, he may recover from the school district of his residence the amount of such payment; and it is immaterial that the daughter may have been originally admitted to the high school prior to the passage of the Act of May 23, 1907, P. L. 202, if there was no contract between the two school districts, or between either of them and the parent, relating to the tuition; and it is also immaterial that the district of the parent’s residence was not a party to the admission of the girl into the high school of the other district.</p> <p>2. The right given by the Act of May 23,1907, P. L. 202, to a parent to recover from his own school district tuition which he has paid for instruction of his child in a high school in another district, is a right to recover a debt and not a right to recover a penalty, and therefore the debt created by the act of 1907, is not wiped out by anything contained in the School Code of May 18, 1911, P. L. 309, 454.</p>