OFFICIAL OPINION No. 33

OFFICIAL OPINION No. 33 Schools and school districts-Additional penalties for not fulfilling 180-day requirement. 1. There is no provision the School Code authorizing the Department of Edu- cation to impose penalties, other than the change in reimbursement, upon school districts which do not fulfill the 180-day requirement. Dr. David H. Kurtzman Secretary of Education Department of Education Harrisburg, Pennsylvania Dear Dr. Kurtzman: Harrisburg, Pa., May 12, 1971 This is in response to your request for legal advice of May 10, 1971, regarding "additional" penalties to school districts which do not fulfill the 180-day requirement even though able to do so. 58 OPINIONS OF THE ATTORNEY GENERAL It is our opinion, and you are so advised, that there is no provision of the School Code authorizing the Department of Education to impose penalties, other than the change in reimbursement, in such case. Possibly resident taxpayers could bring an action under Section 318 of the School Code against the school directors for neglecting to per- form their duty of providing 180 days of education, however, we pass no opinion on the propriety of such action at this time. The portion of Section 2552 of the School Code to which you refer is not applicable to this situation since it is restricted to those cases in which the law violated is for the purpose of preserving "the health or safety of pupils." Being punitive in nature, this section must be strictly construed. The 180-day requirement would not appear to be related to health or safety. Very truly yours, J. SHANE CREAMER, Attorney General.