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BABCOCK SCHOOL DIST. v. POTOCKI

502 Pa. 349 (1983)

466 A.2d 616

BABCOCK SCHOOL DISTRICT, Appellant, v. James Edward POTOCKI and Diane Linda Potocki, individually and as parents and natural guardians of Timothy James Potocki.

Supreme Court of Pennsylvania.

Decided October 19, 1983.

Reargument Denied December 5, 1983.

Attorney(s) appearing for the Case

Lee A. Donaldson, Jr., Donaldson & Donaldson, Glenshaw, Pa., for appellant.

John R. Orie, Jr., Orie & Zivic, Pittsburgh, for appellee.

Michael Levin, Blue Bell, amicus curiae Pa. School Bd. Ass'n.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

ROBERTS, Chief Justice.

Appellant Babcock School District seeks to open a peremptory judgment in mandamus entered by the Court of Common Pleas of Allegheny County directing appellant to transport appellee Timothy Potocki to a public school located outside appellant's boundaries. Because the Public School Code does not impose upon a school district any duty to transport a resident pupil to a public school outside the

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