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 preliminary provisions, further
6providing for publication of notices and proofs of
7publication.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 106 of the act of March 10, 1949 (P.L.30,
11No.14), known as the Public School Code of 1949, is amended to
12read:

13Section 106. Publication of Notices, etc.; Proofs of
14Publication.--(a) Whenever, under the provisions of this act,
15notice is required to be published in one newspaper, such
16publication shall be made as follows:

17(1) in a newspaper of general circulation [as defined by the
18"Newspaper Advertising Act" of May sixteen, one thousand nine
19hundred twenty-nine (Pamphlet Laws 1784), printed in the county,
20unless the matter in connection with which the advertising is

1being done affects only a school district, in which case such
2advertisement shall be published in a newspaper printed in such
3school district, if there is such a newspaper, and if not, then
4in a newspaper circulating generally in such school district. If
5such notice is required to be published in more than one
6newspaper, it shall be published in at least one newspaper of
7general circulation, defined as aforesaid, printed, if there be
8such a newspaper, or circulating generally, as above provided,
9in the school district.

10(b) When such notice relates to any proceeding or matter in
11any court, or the holding of an election for the increase of
12indebtedness, or the issue and sale of bonds to be paid by
13taxation, such notice, in each school district, shall also be
14published in the legal newspaper, if any, designated by the
15rules of court of the proper county for the publication of legal
16notices and advertisements: Provided, That auditors' statements,
17summaries of auditors' statements, advertisements inviting
18proposals for public contracts and for bids for materials and
19supplies, or lists of delinquent taxpayers, shall be published
20only in newspapers of general circulation, defined as
21aforesaid.] in which the school district is located;

22(2) in a legal newspaper designated by the rules of court of
23the county in which the school district is located for the
24publication of legal notices and advertisements;

25(3) on the official, public Internet website of a newspaper
26listed in paragraph (1) or (2), using HTML format or an
27equivalent language format; or

28(4) in a locally circulated printed publication that is at 
29least four pages long, is issued on at least a weekly basis and 
30is distributed by audited carriers to all known addresses within 

1a political subdivision.

2(b.1) If notice is required to be published in more than one
3publication, the publication shall be made by at least two of
4the means of publication listed in subsection (a).

5(b.2) A school district may determine the appropriate means
6of publication from the means of publication listed in
7subsection (a).

8(b.3) Before a school district changes the manner in which
9the school district publishes notices as required under this
10act, the school district shall publish on its official, public
11Internet website a timely notice of the change in manner of
12publication.

13(b.4) A school district shall maintain a permanent record of
14notices published on the school district's official, public
15Internet website. The record shall include the text, manner,
16date and duration of publication of each notice.

17(c) Proof of publication of any notice required to be given
18by the posting of handbills or statements shall be made by
19attaching an original copy of such handbill or statement as
20actually printed and posted to an affidavit made by the person
21posting such notice. Such affiant shall not be an interested
22party or an employe of any person or persons interested in the
23subject matter of said notice. His affidavit shall state where
24and when the notices were posted and [where] the manner in which
25the notice was published [in newspapers, as aforesaid]. A
26printed copy, exactly as published [in said newspaper], shall be
27securely attached to a similar affidavit of the publisher or his
28designated agent.

29Section 2. This act shall take effect immediately.