PRIOR PRINTER'S NO. 1085 PRINTER'S NO. 1898
No. 947 Session of 1983
INTRODUCED BY ITKIN, FISCHER, GALLAGHER, PRESTON, IRVIS, COWELL,
PISTELLA, PETRONE, SEVENTY, DAWIDA AND O'DONNELL, MAY 3, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 5, 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," further providing for the duties of
6 the school director district reapportionment commission and
7 clarification of the number of school director districts
8 within a first class A school district.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 302.1(c)(4), (5), (6) and (8) of the act <--
12 of March 10, 1949 (P.L.30, No.14), known as the Public School
13 Code of 1949, added December 19, 1975 (P.L.511, No.150), are
14 amended to read:
15 Section 302.1. School Board in First Class A School
16 Districts; Apportionment of Seats, and Numbers, Terms, and
17 Methods for Election of School Directors in First Class A School
18 Districts.--* * *
19 (c) Apportionment.--
20 * * *
1 (4) [Each] NO LATER THAN SEPTEMBER IN THE SECOND year <--
2 following the year in which [such] Federal census data is
3 officially [reported] GATHERED, a school director district <--
4 reapportionment commission shall be [constituted in like manner
5 and with like composition as the initial school director
6 district apportionment commission herein set forth.] appointed.
7 Said reapportionment commission shall consist of seven members,
8 three to be appointed by the mayor of the most populous
9 municipality in the school district, three by the city council
10 of such municipality and one by the mayor of any other
11 municipality of the school district with the approval of the
12 legislative body thereof. The duties of the reapportionment
13 commission shall be to determine, from the census data, whether <--
14 differences in the population of the existing school director
15 districts require adjustment of the population in said
16 districts. In the event that adjustment of the population in
17 said districts is required, the reapportionment commission
18 shall, to the extent necessary, move, FROM THE OFFICIAL DATA OF <--
19 THE UNITED STATES BUREAU OF THE CENSUS, TO DEFINE the lines that
20 divide the existing school director districts to make any new
21 school director districts as compact, contiguous, as nearly <--
22 equal in population as practicable, AND AS COMPACT AND <--
23 CONTIGUOUS AS POSSIBLE, and to best provide for racial balance
24 on the board of school directors of said school district. In no <--
25 event shall the THE number of school directors or school <--
26 director districts SHALL NOT be increased or decreased. IN <--
27 ADDITION, THE REAPPORTIONMENT COMMISSION SHALL MAKE EVERY EFFORT
28 TO MAINTAIN NEIGHBORHOOD BOUNDARY LINES OF COMMUNITIES OF LIKE
29 INTEREST WHENEVER PRACTICABLE. Such reapportionment commission
30 shall file its plan no later than [forty-five] NINETY days after <--
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1 either the commission has been [duly certified] APPOINTED or the <--
2 SPECIFIED population data for the first class A school district <--
3 as determined by the Federal decennial census are available,
4 whichever is later in time.
5 (5) THE SCHOOL DISTRICT SHALL APPROPRIATE SUFFICIENT FUNDS <--
6 FOR THE COMPENSATION AND EXPENSES OF MEMBERS AND STAFF APPOINTED
7 BY SUCH APPORTIONMENT AND REAPPORTIONMENT COMMISSIONS, AND OTHER
8 NECESSARY EXPENSES. THE MEMBERS OF SUCH COMMISSIONS SHALL BE
9 ENTITLED TO SUCH COMPENSATION FOR THEIR SERVICES AS THE SCHOOL
10 DISTRICT FROM TIME TO TIME SHALL DETERMINE[, BUT NO PART THEREOF
11 SHALL BE PAID UNTIL A PLAN IS FILED].
12 (6) IF AN APPORTIONMENT OR REAPPORTIONMENT PLAN IS NOT FILED
13 BY THE COMMISSION WITHIN THE TIME PRESCRIBED BY THIS SECTION,
14 THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE DISTRICT IS
15 LOCATED SHALL IMMEDIATELY PROCEED ON ITS OWN MOTION TO APPORTION
16 OR REAPPORTION THE SCHOOL DIRECTOR DISTRICTS, IN ACCORDANCE WITH
17 THE STANDARDS SET FORTH IN SUBSECTION (C)(4).
18 * * *
19 (8) The county board of elections shall place upon the
20 ballot to be submitted to the voters of each first class A
21 school district under the act of June 3, 1937 (P.L.1333,
22 No.320), known as the "Pennsylvania Election Code," the
23 following question:
24 Shall the apportionment plan submitted by
25 the school director district apportionment Yes
26 commission for the election of members of
27 the Board of Public Education of the school No
28 district of....................be approved?
29 In the event SINCE the voters accept HAVE ACCEPTED the <--
30 apportionment plan, the number of school director districts
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1 contained in the original apportionment plan shall be the <--
2 permanent number of school director districts in said school
3 district, and said permanent number of school director districts
4 shall neither be increased nor decreased by any future
5 reapportionment commission nor by the court of common pleas of
6 the county in which the school district is located. THE BALLOT <--
7 QUESTION SHALL NOT BE CONSIDERED IN THE CASE OF A
8 REAPPORTIONMENT PLAN SUBMITTED BY A REAPPORTIONMENT COMMISSION
9 OR THE COURT OF COMMON PLEAS.
10 [In the event the voters shall reject the apportionment plan, <--
11 the nomination of school directors under this section shall be
12 void and the present board shall continue, but a second
13 referendum, upon the petition of fifteen per cent of the
14 registered voters of the school district, may be held after two
15 years from the date of the first election.] <--
16 * * *
17 Section 2. This act shall take effect immediately.
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