OFFICIAL OPINION NO. 25

OFFICIAL OPINION NO. 25 Schools and school directors-Intermediate units-Authority to purchase buses for the transportation of special education pupils. 1. Section 914-A of Act 102, 24 P. S. § 9-964, sets forth the powers of an in- termediate unit board of directors, and nowhere in this section is granted the power to purchase or hold title to personal property, except that an inter- mediate unit board of directors has all powers and duties of county boards of school directors in regard to classes and schools for exceptional children. 2. The powers of county boards in this regard were determined by two official opinions of the Attorney General: No. 112, dated May 16, 1958, held the county boards had no authority to purchase equipment for transportation of handicapped children; No. 125, dated June 19, 1958, modified Opinion No. 112, by holding the county board had authority to purchase transportation equipment but only for those children so physically incapacitated or mentally retarded as to be unable to use the free transportation provided by the usual school bus. 3. An intermediate unit board of directors has no power to purchase school buses except for the one very limited purpose set forth in the Official Opin- ion No. 125, dated June 19, 1958. Dr. David H. Kurtzman Secretary of Education Department of Education Harrisburg, Pennsylvania Dear Dr. Kurtzman: Harrisburg, Pa., April 8, 1971 This is in response to your request for advice dated April 1, 1971 regarding the power of intermediate units to purchase buses for the transportation of special education pupils. OPINIONS OF THE ATTORNEY GENERAL 45 Section 914-A of Act No. 102, 24 P. S. § 9-964 approved May 4, 1970, sets forth the powers of an intermediate unit board of directors. Nowhere in this section is the power to purchase or hold title to personal property granted. The only provision relative to the problem presented is in Section 914-A(7), 24 P. S. § 9-964(7), which provides that the intermediate unit board of directors shall have "all powers and duties of county boards of school directors in regard to classes and schools for exceptional children." From the above, we conclude that the Legislature intended the intermediate unit board of directors to have only such powers in this regard as the county board of school directors had. The powers of county' boards in this regard were determined by two Official Opinions of the Attorney General, the first, Opinion No. 112, dated May 18, 1958, held that county boards had no authority to purchase equipment for transportation of handicapped children; the second, Opinion No. 125, dated June 19, 1958, modified Opinion No. 112 by holding that the county board had authority to purchase transportation equipment but only for those children so physically incapacitated or µientally retarded as to be unable to use the free transportation provided by the usual school bus. Hence, an intermediate unit board of directors has no power to purchase school buses except for the one, very limited, purpose set forth in Official Opinion No. 125, above. In this one situation, the cost of the special transportation equipment would be charged to trans- portation. Very truly yours, J. SHANE CREAMER, Attorney General.