Pennsylvania Advisory Opinions July 01, 1943: AGO 463 (July 01, 1943)

Advisory Opinion Text

Stale Council of Education—Scholarships—Supplementing Formal Opinion No. 459.

Formal Opinion No. 459 is hereby supplemented to the extent that a student to whom a State scholarship has been awarded, may be made entitled to the full benefits thereof, by rule of the State Council of Education,' when inducted into military service of the United States prior to the date of his actual .admission to college.

Honorable Francis B. Haas, Superintendent of Public Instruction, Harrisburg, Pennsylvania.

Sir: We have your communication of June 7, 1943, requesting that we supplement Formal Opinion No. 459, addressed to you under date of June 1, 1943.

In Formal Opinion No. 459, we advised you, inter alia, that:

Where a student to whom a State scholarship has been awarded, has his college course interrupted by entrance into the military service of the United States, such a student after his return or discharge from military service of the United States, is entitled to a continuance of his or her scholarship benefits upon the resumption of his college work, inasmuch as the four year State scholarship need not be used consecutively.

Since the issuing of this ruling it appears that one of the winners of the State scholarship award has been ordered for immediate induction into the armed forces of the United States, and that there is a strong likelihood that several other winners will also be inducted prior to the commencement of the coming college year.

We have been informed by you that the State Council of Education has adopted, and for some years has been governed by, the following rule pertaining to State scholarships:

Should a successful candidate fail to enter college during the fall term of the year in which he receives the award,- the scholarship shall be forfeited.

In case of rejection or forfeiture of the award the scholarship shall be given to the candidate standing next highest on the list in his county, provided the candidate has a satisfactory standing and can comply with the conditions under which the awards are granted.

You now request our advice whether, under these circumstances, the ruling contained in Formal Opinion No. 459 is applicable where a student to whom a State scholarship has been awarded is inducted into the military service of the United States prior to the date of his actual admission to college.

There is no logical or legal reason for depriving,such a student of the same considerations, rights and benefits, which we have ruled a scholarship winner is entitled to if his course of study in college has been interrupted by his entrance into military service. The fact that a scholarship winner is prevented from commencing his college course by reason of entrance into military service, should not operate to his disadvantage. However, in view of the existence of the aforesaid rule of-the State Council of Education, it will be necessary so to amend or change it in order to avoid penalizing the winners of State scholarships, who are called for service into the armed forces prior to their entrance into college.

We are of the opinion, therefore, that Formal Opinion No. 459 is hereby supplemented to the extent hereinbefore set forth, namely, that a student to whom a State scholarship has been awarded, may be made entitled to the full benefits thereof, by rule of the State Council of Education, when inducted into military service of the United States prior to the date of his actual admission to college.

Very truly yours,

Department of Justice,

James H. Duff, Attorney General.

George J. Barco, Deputy Attorney General.