Northeastern Educational Intermediate Unit No. 19 v. Commonwealth
Northeastern Educational Intermediate Unit No. 19 v. Commonwealth
Opinion of the Court
Opinion by
The Northeastern Educational Intermediate Unit No. 19 (NEIU) appeals from the Auditor General’s report which contained an audit of NEIU’s finances for the 1979-80 through 1981-82 school years.
On August 15,1984, this court filed an opinion and order in which we quashed the appeal, holding that the audit report was not an adjudication for purposes of appeal. Thereafter, this cpurt granted a petition for reargument, and the matter was heard before the Court en banc on January 30, 1985.
As in the case of school districts, the School Code gives the Auditor General no independent authority to affect the property rights of intermediate units such as NEIU. The Auditor General’s authority extends only to the issuing of recommendations which are subject to final approval by the Department of Education. Such recommendations do not constitute a final order, and cannot be considered an adjudication for purposes of appeal to this Court.
For this reason we shall let stand our previous order of August 15, 1984, in which we quashed the present appeal.
Order
Now, March 21, 1985, the previous order of this Court dated August 15,1984 is confirmed. The appeal of the NEIU is quashed.
Sections 901-A to 924-A of the Act of March 10, 1949, PX. 30, as amended, added by Section 1 of the Act of May 4, 1970, PX. 311, as amended, 24 P.S. §§9-951 to 9-974.
Act of April 9, 1929, PX. 343, as amended, 72 P.S. §403.
Among the deficiencies identified were failure of NEIU to recover over $600,000.00 in tuition and transportation costs provided to out-of-state students; misalloeation of funds earmarked for special education programs; failure to comply with state and federal regulations regarding proper bidding procedures; lease of space which was inaccessible; unauthorized and inadequate control over expenditures relating to the operation of a greenhouse; and expenditures for services of a special consultant who was never approved by the board of NEIU.
Reference
- Full Case Name
- Northeastern Educational Intermediate Unit No. 19 v. Commonwealth of Pennsylvania
- Cited By
- 3 cases
- Status
- Published