PRINTER'S NO. 2875
No. 2145 Session of 2001
INTRODUCED BY BISHOP AND THOMAS, NOVEMBER 15, 2001
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 15, 2001
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 special election prior
6 to implementation of a provision relating to distress in
7 school districts of the first class.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 696 of the act of March 10, 1949 (P.L.30,
11 No.14), known as the Public School Code of 1949, is amended by
12 adding a subsection to read:
13 Section 696. Distress in School Districts of the First
14 Class.--* * *
15 (n.3) (1) Prior to implementation of any provision of this
16 section, a special election shall be held to determine the will
17 of the voters with respect to the issue of whether the school
18 district of the first class shall be abolished and replaced by a
19 State commission as otherwise set forth in this act.
20 (2) The special election shall take place no later than
1 sixty (60) days after a declaration of distress by the Secretary
2 of Education under section 691.
3 (3) A question shall be placed on each ballot or voting
4 machine by the county board of elections for a referendum on the
5 question of whether the school district of the first class shall
6 be abolished and replaced by a State commission. The question
7 shall be in the following form:
8 "Do you favor the takeover of the city school district by
9 a State commission?"
10 (4) If a majority of the electors voting on the question
11 vote "Yes," the takeover of the school district pursuant to the
12 declaration of distress issued by the Secretary of Education
13 shall proceed pursuant to the terms of this act, but if a
14 majority of the electors voting on the question vote "No," then
15 the Governor and the Secretary of Education shall have no power
16 to proceed with the implementation of a takeover, and no further
17 action shall be taken by the Governor or the Secretary of
18 Education with respect to implementation of the provisions of
19 this section, including the appointment of an interim chief
20 executive officer, a chief executive officer, a board of control
21 or a school reform commission.
22 (5) Voting procedures under this subsection shall be in
23 accordance with the provisions of the act of June 3, 1937
24 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
25 Section 2. This act shall take effect immediately.
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