OFFICIAL OPINION NO. 24

OFFICIAL OPINION NO. 24 Schools and school directors-Intermediate units-Provision of additional services. 1. Under Section 914-A of Act No. 102, 24 P. S. § 9-964 when a service is desired from the intermediate unit by a majority of the component districts and is approved by the majority, such service becomes a part of the overall activity of the intermediate unit, and the cost of such service would be re- flected in the budget. 2. If a proposed program is not approved by a majority of the component dis- tricts, but is desired by some of the districts, the intermediate unit may provide such service under agreement with the districts requesting it under Section 920-A (b) of Act No. 102. In this case, the cost would not be reflected in the general budget of the intermediate unit. Dr. David H. Kurtzman Secretary of Education Department of Education Harrisburg, Pennsylvania Dear Dr. Kurtzman: Harrisburg, Pa., April 7, 1971 This is in response to your request for advice dated March 1, 1971. Section 914-A(S) of Act No. 102, approved May 4, 1970, 24 P. S. § 9-964(5) provides: ". . . Each additional service to be provided shall be first approved by a majority of all the boards of school directors comprising the intermediate unit at a meeting called by the intermediate unit board of directors for the express purpose of approving or disapproving any such additional service .... " Under this section, when a service is desired from the intermediate unit by a majority of the component districts and is approved by the majority, such service becomes a part of the overall activity of the intermediate unit. The cost of such service would be reflected in the budget and the cost thereof would be borne by all component districts in accordance with Section 920-A(a) of Act No. 102, 24 P. S. § 9- 970(a). If a proposed program is not approved by a majority of the component districts, but is desired by some of the districts, the inter- mediate unit may provide such service under agreement with the districts 44 OPINIONS OF THE ATTORNEY GENERAL requesting it under Section 920-A(b) of Act No. 102, 24 P. S. § 9- 970(b). In this case, the cost would not be reflected in the general budget of the intermediate unit. Note that it is only in these cases of supplying services desired by less than a majority of the component districts, that the cost is separate from the general budget. Very truly yours, J. SHANE CREAMER, Attorney General.