# Commonwealth ex rel. Pittenger v. Leechburg Area School Board

> Commonwealth Court of Pennsylvania · May 19, 1975 · 19 Pa. Commw. 140

URL: https://www.frixlaw.com/law-library/cases/6362393

## Case

- **Full name:** Commonwealth ex rel. Pittenger, Secretary of Education and Robert P. Kane, Attorney General v. Leechburg Area School Board, and Pennsylvania State Education Association and Leechburg Education Association, Additional
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** May 19, 1975
- **Citations:** 19 Pa. Commw. 140; 339 A.2d 149; 1975 Pa. Commw. LEXIS 984
- **Precedential status:** Published
- **Opinion:** Dissent by Mencer
- **Judges:** Blatt, Bowman, Crumlish, Kramer, Mencer, Rogers, Wilkinson
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6362393

## Opinion text

*143 Dissenting Opinion by
Judge Mencer:
I respectfully dissent.
Adhering yet to my belief that the attendance requirements of the Public School Code of 1949, Act of March 10, 1949, P. L. 30, 24 P.S. §1—101 et seq., should be complied with, as far as it is possible to do so within the school year, I would grant plaintiffs’ motion for judgment on the pleadings. I do not comprehend why, in the instant case, the four lost days of instruction cannot be rescheduled by the defendant school district and thereby achieve full compliance with the attendance requirements of the School Code. My detailed reasons for this conclusion can be found in my dissenting opinion filed in Root v. Northern Cambria School District, 10 Pa. Commonwealth Ct. 174 , 309 A. 2d 175 (1973).
Judge Blatt joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6362393. Public record. Not legal advice.