Commonwealth v. School District of Philadelphia

Opinion by

President Judge Crumlish, Jr.,

The Department of Public Welfare (Department) appeals a Board of Claims (Board) order directing it to reimburse the School District of Philadelphia funds improperly retained pursuant to 1980-81 and 1981-82 public welfare contracts. We reverse.

The two contracts controlled the Commonwealths contributions to the School Districts Get Set Day Care Program. For both contract years, the Department deducted monies for days schools were closed due to teacher strikes. Some $1,269,072, plus interest, is at issue herein.

The Board reasoned that the Department…