AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in school directors, further
6providing for filling of vacancies.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 315 of the act of March 10, 1949 (P.L.30, 
10No.14), known as the Public School Code of 1949, amended July 8, 
111989 (P.L.253, No.43), is amended to read:

12Section 315.  Filling of Vacancies.--In case any vacancy
13shall occur in any board of school directors by reason of death,
14resignation, removal from the district, or otherwise, such
15vacancy shall, in a school district of the first class, be
16filled for the unexpired term by the court of common pleas of
17the county in which such school district is situated from the
18qualified electors of the district; and in a school district of
19the second, third, or fourth classes, the remaining members of

1the board of school directors shall, by a majority vote thereof,
2fill such vacancy from the qualified electors of the district
3within thirty (30) days thereafter[.]: Provided, That any school 
4board member, during his term of office, shall not resign and 
5subsequently be appointed to fill another vacancy existing on 
6the board until the expiration of the term to which the member 
7was elected or appointed. In a district of the second, third, or
8fourth class, the person selected to fill such vacancy shall be
9a qualified elector of the district and shall hold his office,
10if the term thereof so long continues, until the first Monday of
11December after the first municipal election occurring more than
12sixty (60) days after the vacancy shall have occurred. At such
13election an eligible person shall be elected for the remainder
14of the unexpired term. If, by reason of a tie vote or otherwise,
15such vacancy shall not have been filled by the board of school
16directors within thirty (30) days after such vacancy shall have
17occurred from the qualified electors of the district, the court
18of common pleas of the proper county, upon the petition of ten
19or more resident taxpayers, shall fill such vacancy by the
20appointment of a suitable person from the qualified electors of
21the district if the term of the vacant office so long continues,
22until the first Monday of December after the first municipal
23election occurring more than sixty (60) days after the vacancy
24shall have occurred. At such election an eligible person shall
25be elected for the remainder of the unexpired term. When any
26member of a board of school directors heretofore or hereafter
27enlists or is inducted into the military or naval forces of the
28United States in time of war, a temporary vacancy shall be
29declared, which shall be filled by the remaining members of the
30board or the court, as the case may be from the qualified

1electors of the district, until the return of such member of the
2board from the military or naval service, or until the
3expiration of the term for which he shall have been elected,
4whichever shall be the shorter period.

5Section 2.  This act shall take effect in 60 days.