OFFICIAL OPINION No. 10

OFFICIAL OPINION No. 10 State Council of Education-R econsideration of county plan previously approved without request for reconsideration by county board of school directors-Public School Code of 191,fJ. The State Council of Education may, at its own initiative, reconsider and either reapprove or disapprove a county plan which it had previously approved according to the Public School Code of 1949 to the extent that such plan has not wholly or partially been approved by the electorate subsequent to the Council's initial approval. Harrisburg, Pa., September 20, 1957. Honorable Charles H. Boehm, Superintendent of Public Instruction, Harrisburg, Pennsylvania. 70 OPINIONS OF THE ATTORNEY GENERAL Sir: You have requested our opinion on whether the State Council of Education may reconsider and revoke its prior approval of a county plan without such reconsideration and revocation being requested by the county board of school directors. No specific facts are stated in your memorandum requesting this advice. Therefore, we shall con- sider the question in all of its aspects. The phrase "county plan" is nowhere defined in the statutes of the Commonwealth. However, it appears in § 2576 of the "Public School Code of 19491 " in reference to approval by the Department of Public Instruction of leases between a school district and the State Public School Building Authority and of payments by the school district of certain charges for school buildings. Approval is to be given if the project being considered: "* * ·* is in conformance with county-wide plans prepared by the county board of school directors and approved by the State Council of Education for the orderly development of improved attendance areas and administrative units and for the improved housing of public schools in the Common- wealth * * * ." This use of the phrase appears to be directly connected to §§ 261 and 262 and §§ 733 to 7352 of the Code relating to review and approval or disapproval by the Council of plans submitted by county boards of school directors3 for the merger of school districts and for the re- organization of administrative units and attendance areas and to the establishment by the Council of standards for the construction, heat- ing and ventilation of public school buildings. Thus, your question specifically appears to refer to the Council's power of review under §§ 261 and 262 and whether approval, once given, can be reconsidered and revoked. It should be noted that once the Council has approved such plans submitted by a county board of school directors, the latter group is to present petitions for merger to the court of common pleas of the -county and to request therein submission of the question of merger to the electors of each affected school district4 • Nothing in existing law prohibits the Council from reconsidering a plan. However, since a definite statutory procedure exists which con- 1 Act of March 10, 1949, P . L. 30, as amended, 24 P. S. § 2-2576. 2 Act of March 10, 1940, P . L. 30, 24 P . S. §§ 2-261and2-262 and §§ 7-733 to 7-735. •Under §§ 262 and 925 (5) of the "Public School Code of 1949," Act of March 10, 1949, P. L. 30, 24 P. S. §§ 2-262 and 9-925 (5) the county board of school directors is required to submit such plans. •Act of March 10, 1949, P . L. 30, as amended, 24 P . S. §§ 2-263. OPINIONS OF THE ATTORNEY GENERAL 71 templates submission to the electorate after approval of the Council is once given, it is our opinion that reconsideration cannot be had after approval of the plan by the electorate. At this point the action of the Council has become fixed for the plan is to become effective on the first Monday in July succeeding the election5 This statutory provision would be nullified were the Council able to reconsider and effectually disapprove a plan6 • You are advised, therefore, as follows: (1) the State Council of Education may, without being so requested by the county board of school directors, to reconsider and either reapprove or disapprove a "county plan" which it had previously approved to the extent that all or part of such plan7 has not been approved by the electorate sub- sequent to the Council's initial approval; (2) to the extent that all or part of a "county plan" has been approved by the electorate follow- ing initial approval by the Council, it cannot be reconsidered by the Council. Very truly yours, DEPARTMENT OF JUSTICE, ELMER T. BOLLA, Deputy Attorney General. THOMAS D. McBRIDE, Attorney General.