PRINTER'S NO. 1800
No. 1501 Session of 1977
INTRODUCED BY GEESEY, JULY 18, 1977
REFERRED TO COMMITTEE ON EDUCATION, JULY 18, 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 the division and
6 reorganization of certain school districts.
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 299. Division of School Districts.--(a) School
13 districts, composed of land areas lying in different counties,
14 may divide into separate school districts in accordance with the
15 procedures and requirements of this section.
16 (b) Upon petition to the county board of any county in which
17 part of the school district is located of ten per centum (10%)
18 of the registered voters residing in the school district who
19 voted in the last preceding general or municipal election, a
20 question shall be placed on the ballot to determine the will of
1 the electorate with respect to the division of the school
2 district. The question shall be in substantially the following
3 form:
4 Do you favor the division
5 of the_______________________________ Yes
6 school district at the county boundary
7 lines and the reestablishment of the No
8 divided areas as separate school districts?
9 (c) The question shall be printed on separate official
10 ballots in bound form by the county commissioners of each
11 county. A sufficient number of ballots shall be furnished to the
12 election officers in each election district of every county so
13 that one ballot may be supplied to each voter at the election.
14 In districts where voting machines are used the question shall
15 appear on the face of the machine where the machine is properly
16 equipped for the purpose.
17 (d) The results of the election shall be tabulated by the
18 proper election officers of each county who shall certify to the
19 Secretary of Education whether the majority of persons voting on
20 the question voted "yes" or "no" on such question.
21 (e) If the majority of the electors voting on the question
22 vote "yes," the school district shall be divided at the county
23 boundary lines as of July 1 following the election, and, if the
24 pupil population in the public schools of the district is four
25 thousand (4,000) or more students from each county, the divided
26 areas of the school district shall be reestablished as separate
27 school districts, or, if the pupil population from one county is
28 less than four thousand (4,000), the divided areas of the school
29 district may be reestablished as separate school districts when
30 the State Board of Education finds that the divided districts
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1 can provide a comprehensive program of instruction and meet the
2 other criteria applicable to reorganization of school districts.
3 "Pupil population" means the average daily membership of
4 kindergarten through grade twelve (12) for the school year
5 preceding the election.
6 (f) On or before January 1 following the election, the
7 incumbent directors of the school district to be divided shall
8 be an interim board of school directors consisting of eighteen
9 (18) members composed of the incumbent school directors and
10 additional members appointed by the incumbent school directors
11 so that total membership of the board is comprised of nine (9)
12 residents of that part of the district in one (1) county and
13 nine (9) residents of that part of the district in the other
14 county. Vacancies shall be filled by the members of the interim
15 board. The members of the interim board shall serve as interim
16 members until July 1 when the interim board shall be abolished.
17 Members of the interim board shall be directors of the school
18 board of the reorganized school district in which they reside
19 until their successors are elected and begin their term of
20 office.
21 (g) The interim board shall have the power and its duty
22 shall be to:
23 (1) Name the divided school districts.
24 (2) Select temporary administrators for the districts.
25 (3) Prepare and adopt budgets.
26 (4) Provide for the levy and collection of taxes.
27 (5) Perform all acts and functions necessary to enable the
28 new school districts to function properly on July 1.
29 (6) Provide for the election of directors from regions or
30 "at large."
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1 (7) Determine the liabilities for and assets of each
2 district.
3 (8) Audit the fiscal affairs of the former school district.
4 (h) The school directors shall approve a plan to apportion
5 the property of the former district between the reestablished
6 districts. Upon the creation of the reestablished districts,
7 title to the real estate shall pass to the reestablished
8 district in which it is located and any interest in any leases
9 shall be assigned, subject to the pledge contained in any bonded
10 indebtedness of the former district. The plan of apportionment
11 of property shall be subject to review by the court of common
12 pleas of the county in which the greatest area of land of the
13 former district is located.
14 (i) All obligations of the former school district evidenced
15 by the funding bonds shall continue to be obligations of the
16 divided districts and the directors of the divided districts
17 shall constitute a joint board of school directors for the
18 purposes of meeting such obligations including the levying and
19 assessing taxes throughout the former school district.
20 (j) School directors of the former district shall continue
21 for the balance of their term as school directors of the
22 reorganized district in which they reside. Vacancies in their
23 office shall be filled in the manner provided for the filling of
24 vacancies in preexisting school districts. At the next municipal
25 election, school directors shall be elected to succeed the
26 additional interim school directors and the directors of the
27 former school district whose terms expire for such terms as will
28 provide for the election of three (3) school directors for terms
29 of six (6) years at each municipal election thereafter. If
30 different terms are required, the term of each school director
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1 elect shall be determined by the casting of lots.
2 Section 2. This act shall take effect immediately.
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