PRINTER'S NO. 1601
No. 1406 Session of 1979
INTRODUCED BY PRATT, HOEFFEL, F. TAYLOR AND CAPPABIANCA,
MAY 29, 1979
REFERRED TO COMMITTEE ON EDUCATION, MAY 29, 1979
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," clarifying provisions relating to the
6 election of directors and further providing for the
7 submission of optional plans to courts of common pleas.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Subsections (a) and (b) of section 303, act of
11 March 10, 1949 (P.L.30, No.14), known as the "Public School Code
12 of 1949," amended July 1, 1978 (P.L.575, No.105), are amended to
13 read:
14 Section 303. Number and Election in Districts of the Second,
15 Third and Fourth Classes; Terms of Office.--(a) In each school
16 district of the second class, and on and after July 1, 1966, or
17 if there is advance establishment July 1, 1964, or July 1, 1965,
18 as the case may be, in each school district of the second, third
19 and fourth class, there shall be a board of nine (9) school
20 directors, who, except as otherwise provided in this act, shall
1 be elected at large for terms of six (6) years. The terms of at
2 least three of the members shall expire on the first Monday of
3 December of each odd numbered year, as now provided by law. At
4 each municipal election, at least three school directors,
5 except as otherwise provided in this act, shall be elected at
6 large for terms of six (6) years. Their terms of office shall
7 begin on the first Monday of December following their election.
8 Beginning with the terms to be filled at the municipal election
9 held in 1979 and each odd numbered year thereafter, the terms of
10 school directors so elected shall be four (4) years.
11 (b) (1) The interim operating committee or the board of
12 school directors may develop a plan to elect school directors
13 from regions or to elect some school directors at large and some
14 from regions. Such a plan may also be developed by the resident
15 electors of a school district as provided herein and shall have
16 the same effect as one developed by the board of school
17 directors.
18 (2) Electors equal to at least twenty-five (25) per centum
19 of the highest vote cast for any school director in the last
20 municipal election may develop a plan to elect school directors
21 from regions or to elect some school directors from regions and
22 some from the school district at large. Plans proposed by
23 electors shall be subject to the same requirements as plans
24 proposed by the board of school directors.
25 (3) The boundaries of the regions shall be fixed and
26 established in such manner that the population of each region
27 shall be as nearly equal as possible and shall be compatible
28 with the boundaries of election districts. Such plan for the
29 division of the school district shall be submitted for approval
30 to the court of common pleas. If approved by such court, the
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1 clerk thereof shall certify the regional boundaries contained
2 therein to the county board of elections. In the event of any
3 division, redivision, alteration, change or consolidation of
4 election districts which renders regional boundaries
5 incompatible with the boundaries of election districts, a new
6 plan shall be developed and submitted for court approval in like
7 manner. Any proposed change in an approved plan, including
8 abolition of regional representation, shall be submitted for
9 approval to the court of common pleas by the board of school
10 directors, or by a petition of the resident electors within the
11 district. Where a region plan is approved, school directors who
12 reside in each region shall be elected by and from each region.
13 At all times each region shall be represented by directors
14 elected or appointed from that region. Where a combination at
15 large and region plan is approved, all regions shall have an
16 equal number of school directors who reside in each region and
17 who shall be elected or appointed by and from each region. At
18 all times each region shall be represented by a director or
19 directors elected or appointed from that region. All plans shall
20 provide that at least three school directors shall be elected at
21 each municipal election. In a combination at large and region
22 plan, the number of regions shall be three. In a region plan not
23 combining at large directors, the number of regions shall be
24 three or nine.
25 (4) No more than one optional plan may be submitted to the
26 court for consideration in any four-year period. In the event
27 that two or more plans are filed with the court at a time when a
28 plan may be filed, the court shall consider only the first plan
29 so filed.
30 * * *
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1 Section 2. This act shall take effect immediately and shall
2 be retroactive to July 1, 1978.
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