Hughesville Borough School District v. Wolf Township School District

Citations

• 40 Pa. Super. 311
• 1909 Pa. Super. LEXIS 613

Syllabus

<p>School law — High schools — Grade of school — Payment for tuition in high school — Acts of May 8,1854, sec. 23, P. L. 617, May 26, 1893, P. L. 146, June 28, 1895, P. L. 413, and March 16, 1905, P. L. 40. — Constitutional law — Bill of rights — Local act — Title of statute.</p> <p>1. Apart from the Acts of May 26, 1893, P. L. 146, and June 28,1895, P. L. 413, a school district has the right to establish a high school under the powers conferred upon it by the General School Law of May 8,1854, P. L. 617, which provides that “the directors and controllers of the respective districts shall have power to establish schools of different grades, and to determine into which school each pupil shall be admitted.” High schools created under this act are high schools within the meaning of the Act of March 16, 1905, P. L. 40, which provides that “children residing in school districts in which no public high school is maintained may attend a high school in some other district located near their homes,” with the consent of the directors of such district and payment of cost of tuition.</p> <p>2. The Act of March 16, 1905, P. L. 40, relating to the tuition of children in high schools outside of districts in which the children reside, is constitutional. It does not offerid against the bill of rights as interfering with property or the right to contract; nor does it violate sec. 1, of art. X, of the constitution; relating to the maintenance and support of a system of public schools; nor is it contrary to sec. 7, art. Ill, of the constitution as a local or special act; nor does it infringe upon art. Ill, sec. 3, of the constitution as being defective in title in not indicating by whom the tuition of nonresident pupils in high schools is to be paid.</p>