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I Board of Education of the South Fork Community High School Ofk v. Fillinois

12 Ill. Ct. Cl. 284 Illinois Court of Claims Filed November 10, 1942. No. 3660
Disposition: (No. 3660-Claimant awarded $99.31.) Award: $99.31
Cite as: I Board of Education of the South Fork Community High School Ofk v. Fillinois, 12 Ill. Ct. Cl. 284 (1942)
Legacy General 12 awarded 1940s I Board of Education of the South Fork Community High School Ofk v. Fillinois 12 Ill. Ct. Cl. 284 November 10, 1942. (No. 3660-Claimant awarded $99.31.) /opinions/v12-p0301-1/

I BOARD OF EDUCATION OF THE SOUTH FORK COMMUNITY HIGH SCHOOL OFK INCAID, CHRISTIAN COUNTY, ILLINOIS, Claimant, v. STATE O FILLINOIS, Respondent.

Case summary

Claimant sought $99.31 for a balance due for reimbursement of excess costs for a crippled child's school year 1940-1941 under a 1923 act. The court found claimant entitled to $100 but a clerical error reduced the claim to $69; the appropriation lapsed before correction, but a sufficient unexpended balance remained, so the court awarded $99.31.

Claim type: Lapsed Appropriation

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. EXPENSES-edzication of crippled child- lapse of appropriation out of which cozild be paid-sziflcient zmexpended balance in appropriation- award f o r ?nay be made. Where ’it clearly appears thatSState is indebted to Board of Education, under Statute, for excess cost of providing schooling for crippled child, and the bill therefor due to error was not presented before lapse of appropriation out of which i t could be paid, an award may be made for the correct amount of such expenses, where claim i s made within a reasonable time and there is sufficient unexpended balance in appropriation to pay c same.

Claimant, The Board of Education of the South Fork Community High School of Kincaid, Christian County, Illinois, seeks an award in the sum of $99.31, for a balance alleged to be due from the State of Illinois for the school year [*285] \‘ ‘\ 1940-1941, under the provisions of “An Act to enable school I directors and boards of education to establish and maintain classes and schools for crippled children and providing for payment from State treasury of the excess cost of maintaining and operating such classes and schools over the cost of maintaining and operating schools for normal children, ” approved June 19, 1923, as amended.- It is clear from the record that claimant was entitled to reimbursement in the amount of $100.00 under the provisions of this act for the services of one Evelyn Charles who assisted a crippled pupil throughout the school year. Without this assistance the crippled pupil would have been unable to attend school. Through a clerical error, claim was made only for $69. Before the error could be corrected the appropriation for such reimbursement had lapsed. When the charge occurred, there remained a sufficient unexpended balance in the appropriation from which payment could have been made. ’ Award is therefore entered in favor of the claimant in the sum of $99.31.

Official volume 12 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1941–June 30, 1943)  ·  All opinions in this volume  ·  Also on CourtListener

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