THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, JULY 9, 2009

SENATOR PICCOLA, EDUCATION, AS AMENDED, JULY 28, 2009   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for manner of

election or approval.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1073(b) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended January 16, 1974 (P.L.1, No.1), is amended and the

section is amended by adding a subsection to read:

Section 1073.  Manner of Election or Approval.--* * *

(b)  [At] Except as provided in subsection (b.1), at a

regular meeting of the board of school directors occurring at

least one hundred fifty (150) days prior to the expiration date

of the term of office of the district superintendent, the agenda

shall include an item requiring affirmative action by five or

more members of the board of school directors to notify the

district superintendent that the board intends to retain him for

a further term of from three (3) to five (5) years or that

another or other candidates will be considered for the office.

In the event that the board fails to take such action at a

regular meeting of the board of school directors occurring at

least one hundred fifty (150) days prior to the expiration date

of the term of office of the district superintendent, he shall

continue in office for a further term of similar length to that

which he is serving.

(b.1)  Notwithstanding subsection (b), where three or more

incumbent school directors have been defeated in the primary

election and the contract of the district superintendent has

eleven (11) or more months remaining, the board shall be

prohibited from taking any action on to renew or rescind, except

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for cause, the district superintendent's contract until the new

board of school directors has taken office.

* * *

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