Giacomucci v. Southeast Delco School District

FRIEDMAN, Judge.

In this appeal, we are asked to decide whether a school district, as a means of stabilizing public school enrollment and controlling future tax increases, may adopt a plan to partially reimburse the tuition of children who attend private schools or non-district public schools. The Court of Common Pleas of Delaware County (trial court) concluded that the Public School Code of 1949 (School Code) 1 prohibits such a plan. We agree.

The uncontested facts giving rise to this controversy are summarized as follows. On March 18, 1998, at a special meeting, the board of school directors…