Authority
The provisions of this Subchapter A issued under sections 1371, 1372, 1376 and 1377 of the Public School Code of 1949 (24 P. S. § § 13-1371, 13-1372, 13-1376 and 13-1377), unless otherwise noted.
Source
The provisions of this Subchapter A adopted July 16, 1976, effective July 17, 1976, 6 Pa.B. 1665, unless otherwise noted.
Notes of Decisions
Retroactivity
An approved private school cannot violate the provisions of 22 Pa. Code § 171.11 et seq (relating to standards for approved private schools), since they were nonexistent at the time the school was evaluated, in the absence of the appearance of a clear and unequivocal intent on the face of the regulations that they apply retroactively. Community Country Day School v. Department of Education, 414 A.2d 428 (Pa. Cmwlth. 1980).
The Department of Education 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 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).
