PRINTER'S NO. 1649
No. 1387 Session of 1977
INTRODUCED BY TRELLO, ABRAHAM, MISCEVICH, RAVENSTAHL, LOGUE,
GAMBLE, DUFFY, McLANE, LETTERMAN, PRENDERGAST, ZITTERMAN,
FISHER, GOEBEL, POTT, VALICENTI AND STUBAN, JUNE 22, 1977
REFERRED TO COMMITTEE ON EDUCATION, JUNE 22, 1977
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 an elected school board
6 in certain school districts of the first class.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the "Public School Code of 1949," is amended by adding a
11 section to read:
12 Section 302.2. School Board in First Class School Districts;
13 Apportionment of Seats, and Numbers, Terms, and Methods for
14 Election of School Directors in First Class School Districts.--
15 (a) Composition of School Board:
16 (1) In each school district of the first class, the school
17 board shall be known as the Board of Education and shall consist
18 of eleven school directors, to be elected by the qualified
19 voters of the school district.
1 (2) In each school district of the first class, the
2 boundaries of which are coterminous with the boundaries of a
3 city of the first class which elects a part of its legislative
4 body from assigned districts, one member of the Board of
5 Education shall be chosen from each established district and the
6 remaining board members necessary to arrive at eleven, shall be
7 elected at large within such school district.
8 (b) Term of Office. All elected members shall serve for a
9 term of four years except that members elected at the initial
10 election in even-numbered school director districts, who shall
11 serve for two years. In the event the first election occurs in
12 an even-numbered year, the terms of the initial members shall be
13 increased by one year, so that future elections can be held in
14 odd-numbered years. In the case of death or resignation of
15 elected members, the mayor of the most populous municipality
16 contained in such school district shall fill the vacancy from
17 the same school director district in which the vacancy occurred
18 until the first Monday in December following the next municipal
19 primary occurring one hundred twenty (120) days after the
20 vacancy occurred.
21 (c) Nomination and Elections of School Directors. School
22 directors shall be nominated and elected in accordance with the
23 act of June 3, 1937 (P.L.1333, No.320), known as the
24 "Pennsylvania Election Code."
25 (d) Applicable Law Upon Adoption. After the election of
26 school directors from specified districts in accordance
27 therewith, the Board of Education of such first class school
28 district shall be governed by the provisions of this section and
29 by all other provisions of the act to which this is an amendment
30 and other provisions of general law relating to first class
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1 school districts which are not inconsistent with the provisions
2 of this section. The provisions of this section shall supersede
3 all other parts of the act to which this is an amendment and all
4 other acts affecting the organization of school districts of the
5 first class to the extent that they are inconsistent or in
6 conflict herewith. All existing acts or parts of acts and
7 resolutions affecting the organization of first class school
8 districts not inconsistent or in conflict with the provisions of
9 this section shall remain in full force until modified or
10 repealed as provided by law.
11 (e) Certain Prohibitions of Service. No superintendent,
12 assistant superintendent, supervising principal, teacher or
13 other employe shall serve either temporarily or permanently as a
14 member of the school board by which employed.
15 (f) Transition Provisions and Expiration of Existing Terms.
16 The terms of existing appointed board members shall terminate on
17 the first Monday of December in 1979 in school districts of the
18 first class or in any subsequent year in which the initial
19 elected members are elected, at which time the terms of all
20 members to be elected as herein provided shall be deemed to
21 begin. Thereafter the terms of all elected members shall expire
22 on the first Monday of December in the year in which the length
23 of term to which such members shall have been elected has been
24 served.
25 (g) Taxes in First Class Districts. School districts of the
26 first class may levy and collect taxes on the same subjects and
27 in the same manner as cities of the first class. Until such time
28 as the elected school board shall take control, the city of the
29 first class is directed to turn over one-half of all revenues
30 raised by taxation to the school district for the use of the
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1 school district.
2 Section 2. This act shall take effect immediately.
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