GIACOMUCCI v. S.E. DELCO SCHOOL DIST.


742 A.2d 1165 (1999)

Pam GIACOMUCCI, Al DiPadova, Robert & Cynthia Frey, Gail McCune, Jay McHugh, Donna Riddagh and Maryann Wojcik v. SOUTHEAST DELCO SCHOOL DISTRICT, Board of Directors of the Southeast Delco School District, Edward Barnik, Aaron Cubbage, Joseph Duffy, Mary Carol Flemming, Byron Mundy, Carol Papaleo and John Summers. Southeast Delco School District, Board of directors of the Southeast Delco School District, Mary Carol Flemming, Byron Mundy, Carol Papaleo and John Summers, Appellants.

Commonwealth Court of Pennsylvania.

Decided December 23, 1999.


Attorney(s) appearing for the Case

Richard D. Komer, Washington, DC, for appellants.

John M. West, Washington, DC, for appellee.

Michael W. Jones, Huntingdon Valley, for amicus curiae.

Before COLINS, President Judge, and DOYLE, J., SMITH, J., PELLEGRINI, J., FRIEDMAN, J., FLAHERTY, J., and LEADBETTER, J.


FRIEDMAN, Judge.

In this appeal, we are asked to decide whether a school district, as a means of stabilizing public school enrollment and controlling future tax increases, may adopt a plan to partially reimburse the tuition of children who attend private schools or nondistrict public schools. The Court of Common Pleas of Delaware County (trial court) concluded that the Public School Code of 1949 (School Code)

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