PRINTER'S NO. 202
No. 179 Session of 1983
INTRODUCED BY LIVENGOOD, D. R. WRIGHT, FISCHER, BURNS, SWIFT,
VAN HORNE, CLARK AND PETRARCA, FEBRUARY 8, 1983
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 8, 1983
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for the division and
6 reorganization of certain school districts.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Subdivision (c) of Article II of the act of March
10 10, 1949 (P.L.30, No.14), known as the Public School Code of
11 1949, is amended by adding a section to read:
12 ARTICLE II.
13 SCHOOL DISTRICTS.
14 * * *
15 (c) Changes in Districts.
16 Section 223. Reorganization into Smaller School Districts.--
17 (a) Any school district larger than four hundred (400) square
18 miles may prepare a plan for the reorganization of that school
19 district into two or more smaller school districts when the
1 district's board of directors or the State Board of Education or
2 the Department of Education finds that the proposed
3 reorganization will accelerate the progress of public education.
4 (b) The preparation of a plan for reorganization may be
5 initiated by a majority of the school district's board of
6 directors or by a petition signed by a majority of the
7 registered electors residing within the boundaries of the
8 existing school district. The petition must be signed and
9 completed within ninety (90) days of its initial circulation.
10 Petitions may be obtained at the county board of elections and
11 shall be certified to and filed with such county board of
12 elections. Upon obtaining the necessary signatures, the petition
13 shall be presented to the board of directors of the existing
14 school district.
15 (c) The plan for reorganization shall be prepared by an
16 independent consulting firm. The existing school district's
17 board of directors will choose an independent consulting firm
18 from a list of five such firms recommended by the Department of
19 Education. The independent consulting firm will present a plan
20 of reorganization to the school district's board of directors
21 within ninety (90) days from notification of selection.
22 (d) The plan shall take into account the following factors:
23 topography, pupil population, community characteristics,
24 transportation of pupils, use of existing school buildings,
25 existing administrative units, projected population changes, and
26 the capability of providing a comprehensive program of
27 education.
28 (e) The proposed reorganization plans shall include for the
29 present district:
30 (1) The current budget.
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1 (2) The current balance sheet.
2 (3) An explanation of all bonded debts, other debts, and
3 rental agreements.
4 (4) The student population by grade and by building for the
5 past three school years.
6 (5) A description of all buildings and other facilities.
7 (6) A map showing the district boundaries and the location
8 of all facilities.
9 (7) A statement of the number of and assignment of employes.
10 (8) A description of how the district meets the educational
11 needs of its students, including special education and
12 vocational education.
13 (f) Each proposed reorganization plan shall include:
14 (1) The projected budget for each new district.
15 (2) The projected balance sheet for each new district.
16 (3) An explanation of all bonded debts, other debts, and
17 rental agreements for each new district.
18 (4) The projected student population by grade and by
19 building for each new district.
20 (5) A description of all buildings and other facilities in
21 each new district.
22 (6) A map showing the boundaries of each new district and
23 the location of all facilities in each new district.
24 (7) A statement of the number of and assignment of employes
25 in each new district.
26 (8) A description of how each new district will meet the
27 educational needs of its students, including special education
28 and vocational education.
29 (9) A description of all additional facilities and personnel
30 which will be required as a result of the proposed
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1 reorganization.
2 (10) The justification for implementation of the
3 reorganization.
4 (11) The proposed schedule for implementation of the
5 reorganization.
6 (12) Any other information which is deemed pertinent to
7 enable the State Board of Education to act on the proposed
8 reorganization plan.
9 (g) (1) The proposed reorganization plan shall be submitted
10 to the State Board of Education after being received by the
11 board of directors. Prior to acting upon the proposed
12 reorganization plan, the State Board of Education shall, within
13 six months upon receipt of the application, fix a day and time
14 for a hearing within the district at which the State Board may
15 hear and consider testimony from all interested parties as the
16 board may deem advisable to enable it to make a decision. Five
17 or more members of the State Board of Education shall constitute
18 the State Board for any hearing held hereunder. A verbatim
19 transcript of the hearing shall be made by the State Board of
20 Education and a copy thereof provided to the school district.
21 Public notice of the hearing shall be given within the district
22 not later than twenty (20) days before the date of the scheduled
23 hearing.
24 (2) The State Board of Education shall prepare a written
25 decision including its finding of facts and conclusions thereon
26 and enter an appropriate order either approving the plan as
27 submitted by the school district, approving a plan modified by
28 the State Board of Education, or disapproving any plan for
29 reorganization into smaller administrative units.
30 (h) (1) A school district which considers itself aggrieved
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1 by a plan of organization of administrative units approved by
2 the State Board of Education under this act shall have the right
3 to appeal therefrom within thirty (30) days after such approval
4 to the Commonwealth Court by petition setting forth that such
5 approval is arbitrary, capricious, an abuse of discretion, or
6 otherwise not in accordance with law, specifying the grounds
7 upon which it relies. The burden of proof shall be on the State
8 Board of Education to show that each modification it approves is
9 in the best interest of the students and taxpayers in each of
10 the affected proposed new districts. The prothonotary shall
11 forthwith transmit a copy of the appeal petition to the State
12 Board of Education which shall, within ten (10) days after
13 receipt thereof, certify to the court its entire record in the
14 matter in which the appeal has been taken.
15 (2) (i) The court, after hearing such additional testimony
16 as the parties may wish to present, and upon a consideration of
17 the entire record, shall enter an order either affirming the
18 plan submitted by the school district, the plan as approved by
19 the State Board of Education or, in its discretion, creating a
20 plan consisting of a combination of the elements of both plans
21 that together are in the best interest of the students and
22 taxpayers of the entire undivided larger district. The order of
23 the court shall be a final order.
24 (ii) The court may also, in the interim before issuing its
25 final order, direct the affected district and the State Board of
26 Education to attempt to negotiate a settlement of the
27 differences in their respective plans. If a compromise is
28 reached and submitted to the court within forty-five (45) days,
29 the former appeal shall be dismissed and the compromise plan
30 submitted to the electorate for its approval.
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1 (i) An order of the State Board of Education approving a
2 plan of reorganization shall set forth all necessary guidelines
3 for the formation of the new districts including a timetable for
4 implementation, including any necessary transition periods
5 wherein certain facilities of the existing district are shared
6 by two or more of the new districts until alternate facilities
7 can be acquired or constructed.
8 (j) The plan for division shall include an allocation of the
9 real and personal property of the district to the new school
10 districts. All rights of creditors against the former school
11 district shall be preserved against the new school districts.
12 All property theretofore vested in the former school district,
13 and all debts and taxes owing to the former school district,
14 uncollected in the former school district, and all moneys in the
15 treasury of the former school district shall be paid to the
16 appropriate treasurers of the newly constituted school
17 districts. All real and personal property, indebtedness and
18 rental obligations to an approved building authority or
19 nonprofit corporation, if any, of the former school district
20 shall become the property, indebtedness and rental obligations
21 of the appropriate newly constituted school district.
22 (k) Any school district that has had a petition for division
23 rejected by the electorate cannot submit another petition for a
24 period of five (5) years.
25 (l) (1) Upon approval of the plan by the State Board of
26 Education or the Commonwealth Court, the plan shall be certified
27 to the county board of elections who shall place the following
28 question on the ballot at the next primary, municipal or general
29 election occurring more than one hundred twenty (120) days after
30 such certification:
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1 Shall the school district be divided in accordance with the
2 reorganization plan as approved by the State Board of Education?
3 (2) If a majority of the electors voting thereon within the
4 geographic boundaries of each proposed new district separately
5 approve the question, the school district shall be divided in
6 accordance with the resolution.
7 (m) (1) At least two weeks but not more than six weeks
8 prior to the consideration of the question by the electorate,
9 public notice shall be given of the essential elements of the
10 proposed reorganization plan by publishing notice once in a
11 newspaper of general circulation, as defined by 45 Pa.C. S. §
12 101 et seq. (relating to legal notices), which is published and
13 circulated in the school district, or such newspaper of general
14 circulation which has a bona fide paid circulation equal to or
15 greater than any newspaper published in the school district in
16 each of the three months immediately preceding the submission of
17 the question to the electorate.
18 (2) In addition, a complete copy of the reorganization plan
19 shall be available to the general public for inspection or
20 copying during normal business hours in the school district
21 administration building and the main office of each school
22 building in the district during the entire period subsequent to
23 its certification to the county board of elections and prior to
24 the consideration of the question by the electorate. The cost of
25 any copies made shall be borne by the person requesting same.
26 Section 2. Section 308 of the act, amended December 7, 1965
27 (P.L.1034, No.385), is amended to read:
28 Section 308. Elections or Appointments in Newly Formed
29 Districts.--At the first municipal election occurring more than
30 thirty (30) days subsequent to the formation of such new school
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1 district, a board of school directors for such district shall be
2 elected or appointed, as provided in this act. Such school
3 directors shall be elected or appointed for such terms that the
4 number and terms of those whose places are to be filled at each
5 succeeding municipal election shall be the same as the number
6 and terms of those whose places are filled at the corresponding
7 election in other school districts of the same class. Incumbent
8 school directors of the former school district who reside in the
9 newly formed district shall be school directors of the newly
10 formed school district for the remainder of their terms. The
11 offices of school directors not filled by incumbents shall be
12 filled in the manner prescribed for the filling of vacancies.
13 When two or more school districts are combined into a single
14 district as the result of State Board approval, the directors
15 then in office in each component school district shall, until
16 the end of their respective terms, be directors of the newly
17 formed school district. Vacancies occurring in such incumbent
18 positions shall not be filled. At the first municipal election
19 following the date of establishment of the new district and at
20 each subsequent municipal election, three directors shall be
21 elected at large for six year terms. Their term of office shall
22 begin on the first Monday of December following their election.
23 The school directors of the component districts of the new
24 district before the date of establishment or the board of school
25 directors after establishment, may, if they choose, develop a
26 plan to divide the new school district into three or nine
27 regions in the same manner as provided in section 303 of this
28 act.
29 Section 3. This act shall take effect immediately.
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