PRIOR PRINTER'S NOS. 2611, 2910               PRINTER'S NO. 3081

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2097 Session of 1981


        INTRODUCED BY WESTON, LEVIN, ROCKS, WOGAN, PIEVSKY, OLIVER,
           SALVATORE, PERZEL, DEAL, BELOFF, GREENFIELD, SWAIM, BERSON,
           RAPPAPORT, GRAY, DONATUCCI, MULLEN, PUCCIARELLI, BORSKI,
           WHITE, McMONAGLE, RIEGER, MAIALE, HARPER AND EMERSON,
           NOVEMBER 24, 1981

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MARCH 24, 1982

                                     AN ACT

     1  Relating to the public school system in cities of the first
     2     class; creating a new school district to be operated and
     3     managed pursuant to the provisions of the home rule charter
     4     of the city of the first class; creating an appointed
     5     independent Commission on Public Education responsible for
     6     the management of the school district within the framework of
     7     such charter; providing for a superintendent appointed by the
     8     mayor COMMISSION subject to commission THE MAYOR'S approval;   <--
     9     preserving certain laws with respect to the indebtedness of
    10     the district, tax levies, personnel policies, employee's
    11     retirement rights and collective bargaining and making
    12     certain repeals under certain terms and conditions.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15                             ARTICLE I
    16                         GENERAL PROVISIONS
    17  Section 101.  Short title.
    18     This act shall be known and may be cited as the "Public
    19  Education Act for Home Rule Cities of the First Class."
    20  Section 102.  Legislative purpose.
    21     The General Assembly of the Commonwealth of Pennsylvania

     1  finds that the present method of operating the system of public
     2  education in cities of the first class is not practical due to
     3  the absence of financial accountability and coordination between
     4  the management of the A school district and the government of     <--
     5  the A city of the first class. This flaw is fatal to the          <--
     6  existence and maintenance of the constitutionally required
     7  "thorough and efficient system of public education" throughout
     8  the Commonwealth.
     9     In light of the constitutional mandate and of the urgent
    10  needs and welfare of the thousands of public school children in
    11  cities of the first class, the General Assembly finds that it is
    12  necessary to make fundamental changes in the structure FOR THE    <--
    13  ADMINISTRATION, OPERATION AND MANAGEMENT of the school districts
    14  of the first class. The Legislature determines that this major
    15  structural reorganization will ensure the revitalization and
    16  long-term health of such school systems and quality education
    17  for all of its school children.
    18  Section 103.  Definitions.
    19     The following words and phrases when used in this act shall
    20  have, unless the context clearly indicates otherwise, the
    21  meanings given to them in this section:
    22     "City."  A home rule city of the first class.
    23     "Commission."  The Commission on Public Education created by
    24  this act.
    25     "Home rule city of the first class."  A city that has adopted
    26  a home rule charter pursuant to the act of April 21, 1949
    27  (P.L.665, No.155), known as the "First Class City Home Rule
    28  Act."
    29     "School district."  A school district created and established
    30  by this act TO REPLACE AN EXISTING SCHOOL DISTRICT.               <--
    19810H2097B3081                  - 2 -

     1     "SUPERINTENDENT."  THE SUPERINTENDENT OF PUBLIC EDUCATION      <--
     2  CREATED BY THIS ACT.
     3  Section 104.  The school district.
     4     A new school district is hereby created and established in
     5  home rule cities of the first class, to be known as: "The School
     6  District of ... (name of THE home rule city of the first class)   <--
     7  ...."
     8  Section 105.  Successor of predecessor EXISTING school district.  <--
     9     The school district shall:
    10         (1)  succeed directly the now existing school district
    11     for all purposes, including, but not limited to, receipt of
    12     all grants, gifts, appropriations, subsidies or other
    13     payments;
    14         (2)  take over from the now existing school district all
    15     assets, property, real and personal, tangible and intangible,
    16     all easements and all evidences of ownership in part or in
    17     whole, and all records and other evidences pertaining
    18     thereto; and
    19         (3)  assume all debt and other contractual obligations of
    20     the now existing school district, any long term debt to be
    21     issued, secured and retired in the manner now provided by
    22     law. Nothing herein contained shall be construed as an
    23     assumption by the city of the debt, contractual obligations,
    24     or any other of the obligations or liabilities whatsoever of
    25     the school district.
    26  Section 106.  Administration, management and operation of the
    27                school district.
    28     The administration, management and operation of the school
    29  district established hereunder, which would otherwise be vested
    30  by the act of March 10, 1949 (P.L.30, No.14), known as the
    19810H2097B3081                  - 3 -

     1  "Public School Code of 1949," in a board of school directors, is
     2  hereby vested in the city. The city shall administer, manage and
     3  operate said school district subject and pursuant to each and
     4  every provision of THIS ACT AND of the home rule charter of said  <--
     5  city, with the following exceptions:
     6         (1)  A school fund to be used only for school district
     7     purposes shall be established in the city treasury. Said
     8     school fund shall be separate and apart from, and in no
     9     manner commingled with, other funds in the treasury, and
    10     there shall be no borrowing or lending by or from the school
    11     fund by or from any other fund of the city IN THE CITY         <--
    12     TREASURY. All obligations and liabilities assumed or incurred
    13     by the school district, voluntarily or by operation of law,
    14     shall be obligations and liabilities of the school district
    15     and not the city, and such obligations and liabilities may be
    16     paid or otherwise satisfied only out of the school fund.
    17         (2)  The finances and the affairs of the school district
    18     shall be subject to PREAUDIT, DESK AUDIT AND POSTAUDIT AND TO  <--
    19     an annual postaudit by the city controller.
    20         (3)  Employees of a former AN EXISTING school district     <--
    21     abolished by this act shall become employees of the school
    22     district created hereunder and not of the city. Under and
    23     subject to the "Public School Code of 1949," the employment,
    24     qualifications, status, tenure and compensation of such
    25     employees shall be regulated by the commission as provided in
    26     section 202.
    27         (4)  The employees of the school district shall retain
    28     all rights WITH RESPECT TO PENSIONS AND RETIREMENT and         <--
    29     continue to be under and subject to existing laws with
    30     respect to pensions and retirement.
    19810H2097B3081                  - 4 -

     1         (5)  The mayor shall sign collective bargaining
     2     agreements with employees of the school district.
     3  SECTION 107.  COMMONWEALTH NOT LIABLE FOR LIABILITIES.            <--
     4     ALL OBLIGATIONS, LIABILITIES AND INDEBTEDNESS OF THE SCHOOL
     5  DISTRICT OR THE NOW EXISTING SCHOOL DISTRICT, WHETHER ASSUMED OR
     6  INCURRED VOLUNTARILY OR BY OPERATION OF LAW, SHALL REMAIN
     7  OBLIGATIONS, LIABILITIES OR DEBTS OF THE SCHOOL DISTRICT OR NOW
     8  EXISTING SCHOOL DISTRICT AND NOT THE COMMONWEALTH OF
     9  PENNSYLVANIA.
    10  Section 107 108.  Administration, management and operation of     <--
    11                intermediate units.
    12     An intermediate unit coterminous with a school district of
    13  the first class shall be administered, managed and operated in
    14  the same manner as such school district is operated under and
    15  subject to section 106.
    16  Section 108 109.  Imposition and levy of taxes.                   <--
    17     The council of the city shall MAY impose and levy the taxes    <--
    18  currently or hereinafter authorized by acts of the General
    19  Assembly for school district purposes, in the manner authorized
    20  by such acts, and in the manner other revenue measures for city
    21  purposes are enacted under and subject to the home rule charter.
    22  HOWEVER, NO ORDINANCE SHALL AUTHORIZE THE IMPOSITION OF A TAX     <--
    23  FOR SCHOOL PURPOSES ON THE WAGES, SALARY OR NET INCOME OF ANY
    24  PERSON NOT A RESIDENT OF THE SCHOOL DISTRICT.
    25  SECTION 110.  ANNUAL BUDGET.
    26     THE COUNCIL OF THE CITY SHALL, AT LEAST 15 DAYS PRIOR TO THE
    27  TIME FINAL ACTION IS TAKEN ON ANY BUDGET, PUBLISH, BY
    28  ADVERTISEMENT AT LEAST ONCE IN TWO NEWSPAPERS OF GENERAL
    29  CIRCULATION PRINTED IN THE CITY, NOTICE THAT SUCH PROPOSED
    30  BUDGET HAS BEEN PREPARED AND IS OPEN TO PUBLIC INSPECTION AT THE
    19810H2097B3081                  - 5 -

     1  OFFICE OF THE CITY DIRECTOR OF FINANCE. SUCH ADVERTISEMENT SHALL
     2  INCLUDE A NOTICE OF PUBLIC HEARING ON THE PROPOSED BUDGET,
     3  SCHEDULED FOR AT LEAST TEN DAYS BEFORE FINAL ACTION IS TAKEN
     4  UPON ANY BUDGET. WITHIN 15 DAYS AFTER THE ADOPTION OF THE
     5  BUDGET, THE COUNCIL OF THE CITY SHALL FILE A COPY OF THE SAME,
     6  PREPARED ON A UNIFORM FORM, PREPARED AND FURNISHED BY THE
     7  DEPARTMENT OF EDUCATION, IN THE OFFICE OF THE DEPARTMENT OF
     8  EDUCATION.
     9                            ARTICLE II.
    10                   COMMISSION ON PUBLIC EDUCATION
    11  Section 201.  Commission on Public Education.
    12     (a)  There is hereby established in each city an independent
    13  Commission on Public Education through which the city shall
    14  administer, operate and manage the school district.
    15     (b)  The Commission on Public Education COMMISSION shall have  <--
    16  the powers, duties and limitations of an independent board or
    17  commission of the executive and administrative branch of the
    18  city under and subject to the provisions of the home rule
    19  charter of the city.
    20     (c)  The powers, duties and procedures of the Commission on    <--
    21  Public Education shall be limited to those COMMISSION SHALL BE    <--
    22  set forth in rules and regulations prescribed by the commission
    23  under and subject to APPLICABLE LAW AND the provisions of the     <--
    24  Home Rule Charter HOME RULE CHARTER OF THE CITY.                  <--
    25  Section 202.  Personnel policies.
    26     (a)  The commission shall establish a table of organization
    27  setting forth a roster of positions for each principal
    28  administrative unit of the school district and shall require the
    29  Superintendent of Public Education SUPERINTENDENT to report       <--
    30  monthly any changes made in the table.
    19810H2097B3081                  - 6 -

     1     (b)  The commission shall adopt regulations based on merit
     2  principles and scientific methods governing all incidents of
     3  employment, including appointment, promotion, demotion, removal
     4  and discipline for all employees of the school district except
     5  the following:
     6         (1)  deputy superintendents, associate superintendents,
     7     district superintendents, directors of departments
     8     responsible directly to the Superintendent of Public           <--
     9     Education SUPERINTENDENT or to any deputy superintendent and   <--
    10     such personal assistants as the Superintendent of Public       <--
    11     Education SUPERINTENDENT may require;                          <--
    12         (2)  persons employed by contract to perform special
    13     services for the school district where the Superintendent of   <--
    14     Public Education SUPERINTENDENT certifies that such services   <--
    15     cannot be performed by school district employees;
    16         (3)  person PERSONS temporarily appointed or designated    <--
    17     to make or conduct a special inquiry or study or to perform a
    18     special service of a unique character which cannot or should
    19     not be performed by regular school district employees; and
    20         (4)  in addition, the Superintendent of Public Education   <--
    21     THE SUPERINTENDENT may, with the consent of the commission,    <--
    22     exempt not more than 1% of the professional employees of the
    23     school district.
    24     (c)  The personnel regulations adopted by the commission
    25  shall provide for the preparation, maintenance and revision of a
    26  position classification plan and of a pay plan for all
    27  employees, policies and procedures for recruitment,
    28  examinations, promotions, eligible list and certifications,
    29  provisional and emergency appointments, suspension, discharge or
    30  reduction in rank, hours of work, holidays, leaves and
    19810H2097B3081                  - 7 -

     1  vacations, employee hearings and such other matters as may be
     2  necessary or proper. Copies of the personnel regulations shall
     3  be available for public information and distribution at all
     4  times.
     5     (d)  The commission shall in its personnel regulations
     6  preserve and safeguard all rights of employment, status and
     7  tenure of all employees of the EXISTING school district which     <--
     8  exist at the time of IMMEDIATELY PRIOR TO THE adoption of this    <--
     9  act and of employees of any other governmental agency who may
    10  become employees of the school district by virtue of the
    11  operation of the provisions of this act, consistent with law and
    12  the requirements of a fair and effective system of personnel
    13  administration: PROVIDED, THAT NOTHING IN THIS SECTION SHALL      <--
    14  APPLY TO COLLECTIVE BARGAINING OR TO COLLECTIVE BARGAINING
    15  AGREEMENTS.
    16  Section 203.  Members of commission.
    17     (a)  There shall be nine members of the Commission on Public
    18  Education who shall be appointed by the mayor of the city from
    19  lists of names submitted to him by the Educational Nominating
    20  Panel established hereunder.
    21     (b)  Six of the first members of the commission shall serve    <--
    22  for a term of two years and three of the first members of the
    23  commission shall serve for a term of four years. Thereafter, the
    24  members of the commission shall serve for a term of four years.
    25     (B)  (1)  THE MAYOR OF THE CITY WHO IS SERVING UPON THE        <--
    26     EFFECTIVE DATE OF THIS ACT SHALL DESIGNATE SIX OF THE MEMBERS
    27     OF THE FIRST COMMISSION TO SERVE FOR A TERM CONCURRENT WITH
    28     THE REMAINDER OF HIS TERM OF OFFICE. THEREAFTER, ALL
    29     SUCCESSORS OF SUCH MEMBERS SHALL SERVE A TERM CONCURRENT WITH
    30     THE TERM OF OFFICE OF THE MAYOR OF THE CITY WHO APPOINTED
    19810H2097B3081                  - 8 -

     1     SUCH SUCCESSORS.
     2         (2)  THE MAYOR OF THE CITY WHO IS SERVING UPON THE
     3     EFFECTIVE DATE OF THIS ACT SHALL DESIGNATE THREE OF THE
     4     MEMBERS OF THE FIRST COMMISSION TO SERVE FOR A TERM
     5     TERMINATING ON THE LAST DAY OF THE SECOND YEAR OF THE NEXT
     6     SUCCEEDING TERM OF THE MAYOR OF THE CITY. THEREAFTER, ALL
     7     SUCCESSORS OF SUCH MEMBERS SHALL SERVE FOR A TERM OF FOUR
     8     YEARS.
     9         (3)  UPON THE COMPLETION OF THE TERM OF OFFICE OF A
    10     MEMBER OF THE COMMISSION, THAT MEMBER SHALL CONTINUE TO SERVE
    11     UNTIL HIS SUCCESSOR IS QUALIFIED.
    12     (c)  The members of the Commission on Public Education         <--
    13  COMMISSION shall be registered voters and residents of the city   <--
    14  continuously from the effective date of their appointment
    15  throughout the duration of their term. No person shall be
    16  eligible to be appointed to more than three consecutive terms.
    17  Section 204.  Vacancies on the Commission on Public Education.
    18     Vacancies on the commission shall be filled FOR THE BALANCE    <--
    19  OF THE UNEXPIRED TERM in the same manner as original
    20  appointments for the balance of the unexpired term.               <--
    21  APPOINTMENTS.                                                     <--
    22  Section 205.  Method of selection.
    23     (a)  The mayor of the city shall appoint an Educational
    24  Nominating Panel consisting of 13 members. Members of the panel
    25  shall be registered voters and residents of the city and shall
    26  serve for terms of two years from the dates of their
    27  appointment, OR UPON THE COMPLETION OF THE TERM OF THE MAYOR OF   <--
    28  THE CITY WHO APPOINTED THEM, WHICHEVER FIRST OCCURS.
    29     (b)  Nine members of the Educational Nominating Panel shall
    30  be the highest ranking officers of citywide organizations or
    19810H2097B3081                  - 9 -

     1  institutions which are, respectively:
     2         (1)  a labor union council or other organization of
     3     unions of workers and employees organized and operated for
     4     the benefit of such workers and employees;
     5         (2)  a council, chamber or other organization established
     6     for the purpose of general improvement and benefit of
     7     commerce and industry;
     8         (3)  a public school parent-teachers association;
     9         (4)  a community organization of citizens established for
    10     the purpose of improvement of public education;
    11         (5)  a federation, council or other organization of
    12     nonpartisan neighborhood or community associations;
    13         (6)  a league, association or other organization
    14     established for the purpose of improvement of human and
    15     intergroup relations;
    16         (7)  a nonpartisan committee, league, council or other
    17     organization established for the purpose of improvement of
    18     governmental, political, social or economic conditions;
    19         (8)  a degree-granting institution of higher education
    20     whose principal educational facilities are located within the
    21     city; and
    22         (9)  a council, association or other organization
    23     dedicated to community planning of health and welfare
    24     services or of the physical resources and environment of the
    25     city.
    26     (c)  In order to represent adequately the entire community,
    27  the four other members of the Educational Nominating Panel shall
    28  be appointed by the mayor of the city from the citizenry at
    29  large, except that city employees shall not be eligible to serve
    30  on the panel.
    19810H2097B3081                 - 10 -

     1     (d)  In the event no organization as described in one of the
     2  paragraphs (1) through (9) of subsection (b) exists within the
     3  city, or in the event there is no such organization any one of
     4  whose officers is a registered voter of the city, the mayor of
     5  the city shall appoint the highest ranking officer who is a
     6  registered voter of the city from a similar organization or
     7  institution which qualifies under another paragraph of the
     8  subsection.
     9     (e)  A vacancy in the office of member of the Educational
    10  Nominating Panel shall be filled for the balance of the
    11  unexpired term in the same manner in which the THAT member was    <--
    12  selected who died, resigned or was removed. SELECTED.             <--
    13     (f)  The Educational Nominating Panel shall elect its own
    14  officers and adopt rules of procedure.
    15  Section 206.  Organization of the Educational Nominating Panel.
    16     (a)  The mayor of the city shall appoint and convene the
    17  Educational Nominating Panel not later than 30 days after the
    18  certification of his election to office and whenever a vacancy
    19  occurs in the membership of the commission.
    20     (b)  The panel shall within 30 days submit to the mayor of
    21  the city three names of qualified persons for every place on the
    22  commission which is to be filled. If the mayor of the city
    23  wishes an additional list of names, he shall so notify the panel
    24  within ten days. Thereupon the panel shall within 20 days send
    25  to the mayor of the city an additional list of three qualified
    26  persons for each place to be filled. The mayor of the city shall
    27  within ten days make an appointment.
    28     (c)  The Educational Nominating Panel shall invite business,
    29  civic, professional, labor and other organizations, as well as
    30  individuals, situated or resident within the city to submit for
    19810H2097B3081                 - 11 -

     1  consideration by the panel the name of persons qualified to
     2  serve as members of the commission.
     3     (d)  Nothing herein provided shall preclude the panel from
     4  recommending and the mayor of the city from appointing or
     5  nominating persons who have previously served on any board of
     6  public education OR COMMISSION SUBJECT TO THE PROVISIONS OF       <--
     7  SECTION 203.
     8  Section 207.  Organization of the commission.
     9     (a)  The commission shall hold an annual organization meeting
    10  within 14 days of the appointment of all of the members of the
    11  commission.
    12     (b)  The commission shall hold public meetings not less often
    13  than once every two months during the school year.
    14                            ARTICLE III.
    15                 SUPERINTENDENT OF PUBLIC EDUCATION
    16  Section 301.  Appointment, term and compensation.
    17     (a)  A Superintendent of Public Education shall be appointed
    18  by the commission with the approval of the mayor of the city.
    19     (b)  The superintendent shall be appointed to serve for a
    20  term not to exceed four years or the unexpired term of the
    21  commission MAYOR OF THE CITY, whichever is lesser, to commence    <--
    22  within 30 120 days after the commencement of the regular term of  <--
    23  the Commission on Public Education. TERM OF THE MAYOR OF THE      <--
    24  CITY: PROVIDED, THAT THE TERM OF THE FIRST SUPERINTENDENT
    25  APPOINTED UNDER THIS ACT SHALL COMMENCE WITHIN 30 DAYS AFTER THE
    26  COMMENCEMENT OF THE TERM OF THE MEMBERS OF THE FIRST COMMISSION
    27  OR ON JULY 1, 1982 WHICHEVER SHALL LAST OCCUR. There shall be no
    28  limit to the number of terms a superintendent may serve.
    29     (c)  Vacancy in the office of the superintendent shall be
    30  filled FOR THE BALANCE OF THE UNEXPIRED TERM in the same manner   <--
    19810H2097B3081                 - 12 -

     1  as the original appointment. for the balance of the unexpired     <--
     2  term.
     3     (d)  The superintendent shall serve at the pleasure of the
     4  commission and may be removed at any time by the commission with
     5  the approval of the mayor, so long as the commission specifies
     6  in writing the reason for so doing. If, at the superintendent's
     7  request, the Secretary of Education of the Commonwealth of
     8  Pennsylvania finds that the commission's charges were not cause
     9  for dismissal, the secretary may order that the superintendent
    10  be paid for all or part of the remainder of his term.
    11  Section 302.  General powers and duties.
    12     (a)  The superintendent shall be the chief executive and
    13  administrative officer of the commission and shall be
    14  responsible for the execution of all actions of the commission
    15  and the administration and operation of the public school system
    16  subject to the RULES, REGULATIONS AND policies of the commission  <--
    17  and the supervision of all matters pertaining to instruction in
    18  all schools under the direction of the commission.
    19     (b)  The superintendent, who shall be secretary of the
    20  commission, shall attend all meetings of the commission and may
    21  attend all meetings of any commission committees. The
    22  superintendent shall have the right to advise on any question or
    23  matter under consideration but shall have no right to vote.
    24     (c)  Under and subject to the home rule charter of the city
    25  AND THIS ACT, the superintendent shall perform such duties        <--
    26  pertaining to the business of the school district as are
    27  required by law AND as the commission may direct.                 <--
    28     (d)  Upon recommendation of the superintendent, the
    29  Commission on Public Education COMMISSION shall have the          <--
    30  authority to appoint and fix the compensation of deputy
    19810H2097B3081                 - 13 -

     1  superintendents, associate superintendents, district
     2  superintendents, assistant district superintendents, directors
     3  of departments responsible directly to the superintendent or to
     4  any deputy superintendent, and such personal assistants as he
     5  deems consistent with the educational needs of the SCHOOL         <--
     6  district.
     7     (e)  The superintendent shall have the authority to assign
     8  and reassign all professional and classified employees of the
     9  SCHOOL district consistent with THE PROVISIONS OF THIS ACT AND    <--
    10  the laws of the Commonwealth.
    11     (f)  The superintendent shall report annually to the
    12  commission all assignments and reassignments of professional and
    13  classified employees made during the school year.
    14                            ARTICLE IV.
    15                         SAVINGS PROVISIONS
    16  Section 401.  Applicability of State laws and regulations.
    17     The administration, management and operation of any school
    18  district established hereunder, shall be governed by each and
    19  every provision of this act and the home rule charter OF THE      <--
    20  CITY. Insofar as this act or the home rule charter OF THE CITY    <--
    21  do not relate, govern or provide for a matter involving the
    22  administration, management or operation of such school district,
    23  and insofar as not in conflict or inconsistent with the
    24  provisions of this act or the home rule charter, such school
    25  district also shall be subject to all laws relating to school
    26  matters and to all rules and regulations promulgated by the
    27  Commonwealth's Department of Education under the authority of
    28  such laws.
    29  Section 402.  Local option.
    30     This act shall remain in effect unless and until the electors
    19810H2097B3081                 - 14 -

     1  of any THE city determine to otherwise regulate the public        <--
     2  schools, by referendum, to amend a IN THE SCHOOL DISTRICT BY      <--
     3  AMENDING THE home rule charter of the city BY REFERENDUM in       <--
     4  accordance with the procedures set forth in the act of April 21,
     5  1949 (P.L.665, No.155), known as the "First Class City Home Rule
     6  Act."
     7  Section 403.  Audits.
     8     If the provisions relating to combining the preaudit and
     9  postaudit of the finances and affairs of the school district in
    10  the office of the city controller shall be held to be invalid,
    11  the preaudit shall be performed by the city director of finance
    12  and the postaudit shall be performed by the city controller.
    13                             ARTICLE V.
    14               REPEALS, TRANSITION AND EFFECTIVE DATE
    15  Section 501.  Repeals.
    16     (a)  The act of August 9, 1963 (P.L.643, No.341), known as
    17  the "First Class City Public Education Home Rule Act," is
    18  repealed as of June 30, 1982.
    19     (b)  All parts of any home rule charter adopted pursuant to
    20  the act of August 9, 1963 (P.L.643, No.341), known as the "First
    21  Class City Public Education Home Rule Act," are repealed and
    22  revoked as of June 30, 1982.
    23     (c)  Clause (6) of subsection (a) of section 18, act of April
    24  21, 1949 (P.L.665, No.155), known as the "First Class City Home
    25  Rule Act," is repealed as of June 30, 1982.
    26  Section 502.  Abolition and transition.
    27     (a)  All school districts of the first class created pursuant
    28  to the act of August 9, 1963 (P.L.643, No.341), known as the
    29  "First Class City Public Education Home Rule Act," are abolished
    30  as of June 30, 1982.
    19810H2097B3081                 - 15 -

     1     (b)  Each board of education of each home rule school
     2  district of the first class existing on the effective date of
     3  this act is abolished as of June 30, 1982.
     4     (c)  The members of the present board of education of home
     5  rule school districts in cities of the first class may remain in
     6  office until June 30, 1982.
     7     (d)  The first commission shall be appointed in accordance
     8  with the provisions of Article II in the same manner and for the  <--
     9  same terms as if there had been nine vacancies on the effective
    10  date of this act.
    11     (e)  Should any vacancies in the present boards of education
    12  of home rule school districts of cities of the first class exist
    13  during the period between the effective date of this act and
    14  June 30, 1982, such vacancies shall be filled by members of the
    15  commission upon their appointment to the commission and such
    16  members shall thereafter serve on the board and commission
    17  concurrently until such board ceases to exist on June 30, 1982.
    18     (f)  During the period between the effective date of this act
    19  and June 30, 1982, the commission, immediately upon the
    20  appointment of its members, shall have the exclusive power and
    21  authority to:
    22         (1)  prepare the operating and capital budgets of the
    23     school district for the fiscal year ending June 30, 1983;
    24         (2)  plan the instructional program and organization of
    25     the school district for the fiscal year ending June 30, 1983;
    26     and
    27         (3)  contract or otherwise incur obligations or
    28     liabilities to be paid or otherwise performed, in whole or in
    29     part, beyond June 30, 1982.
    30     (g)  During the period between the effective date of this act
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     1  and June 30, 1982, the present boards of education and
     2  superintendents of home rule school districts in cities of the
     3  first class shall have the duty to cooperate with the city and
     4  the commission to the fullest extent necessary or convenient to
     5  insure an orderly transition from the board to the city of the
     6  administration, management and operation of the school district,
     7  including but not limited to providing any services and
     8  information reasonably requested in the exercise by the
     9  commission of the power and authority conferred in the previous
    10  subsection.
    11  Section 503.  Effective date.
    12     This act shall take effect immediately.












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