Subchapter B. [Reserved]
Source The provisions of this Subchapter B adopted August 29, 1980, effective August 30, 1980, 10 Pa.B. 3511; § 171.139 corrected January 15, 1993, effective August 9, 1986, 23 Pa.B. 263; reserved April 7, 2006, effective April 8, 2006, 36 Pa.B. 1645. Immediately preceding text appears at serial pages (279606) and (256415) to (256438).
Notes of Decisions Retroactivity
Education Department did not err in applying audit regulations, Subchapters A and B, which became effective after commencement of fiscal year being audited, since the institution’s right to compensation was conditional (subject to audit) rather than vested and the rule is that administrative agencies may adopt such retroactive regulations so long as their application does not interfere with a vested right to compensation. Ashbourne Educational Services, Inc. v. Department of Education, 499 A.2d 698 (Pa. Cmwlth. 1985).
§ § 171.40—171.43. [Reserved]
Notes of Decisions Reimbursability
As the approved private school failed to establish a basis for an allocation of allowable costs alternative to the equivalent full-time student reimbursement entitlement formula which the auditor applied in concluding that the Department of Education has overpaid the school, the Court properly determined that the school must reimburse the Department for overpayments which the school received for tuition and maintenance of approved special education pupils enrolled at the school. Community Country Day School v. Department of Education, 641 A.2d 1282 (Pa. Commw. 1994).
Reimbursable Cost
Private school is not entitled to reimbursement for cost of yearbooks since that is not a usual and necessary operational cost of a school district or intermediate unit, and since 22 Pa. Code § 171.160 specifically requires that private schools charge students for such items. Ashbourne Educational Services, Inc. v. Department of Education, 499 A.2d 698, 702 (Pa. Commw. 1985).
Cross References This section cited in 22 Pa. Code § 171.40 (relating to standards for determining allowable expenses and costs incurred by approved private schools).
§ 171.45. [Reserved].
§ 171.48. [Reserved].
§ 171.50. [Reserved].
§ 171.55. [Reserved].
§ 171.60. [Reserved].
§ 171.65. [Reserved].
§ 171.70. [Reserved].
§ 171.74. [Reserved].
§ 171.80. [Reserved].
§ 171.82. [Reserved].
§ 171.85. [Reserved].
§ 171.90. [Reserved].
§ 171.95. [Reserved].
§ 171.100. [Reserved].
§ 171.105. [Reserved].
§ 171.110. [Reserved].
§ 171.115. [Reserved].
§ 171.120. [Reserved].
§ 171.125. [Reserved].
§ 171.130. [Reserved].
§ 171.135. [Reserved].
§ 171.137. [Reserved].
§ 171.139. [Reserved].
§ 171.140. [Reserved].
§ 171.142. [Reserved].
§ 171.145. [Reserved].
§ 171.147. [Reserved].
§ 171.150. [Reserved].
§ 171.153. [Reserved].
§ 171.155. [Reserved].
§ 171.160. [Reserved].
§ 171.165. [Reserved].
§ 171.170. [Reserved].
§ 171.173. [Reserved].
§ 171.175. [Reserved].
§ 171.177. [Reserved].
§ 171.180. [Reserved].
§ 171.185. [Reserved].
§ 171.190. [Reserved].
§ 171.194. [Reserved].
§ 171.195. [Reserved].
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