Nelson v. Tuscarora Intermediate Unit No. 11

*460OPINION

McDERMOTT, Justice.

This is an appeal from the order of the Commonwealth Court,1 which affirmed the decision of the Court of Common Pleas of Huntingdon County,2 granting appellee a judgment of $1,687.09 plus interests and costs as against appellant for the educational costs for school year 1973-1974 incurred by a mentally retarded minor who temporarily resided at appellant’s private care facility. The issue is whether the Commonwealth of Pennsylvania by Act of Assembly3 may require a private Pennsylvania institution to pay the cost of education in public school of a mentally retarded…