1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in school directors, further
6providing for filling of vacancies.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 315 of the act of March 10, 1949 (P.L.30,
10No.14), known as the Public School Code of 1949, amended July 8,
111989 (P.L.253, No.43), is amended to read:

12Section 315. Filling of Vacancies.--[In] (a) Except as 
13provided in subsection (b), in case any vacancy shall occur in
14any board of school directors by reason of death, [resignation,]
15removal from the district, or otherwise, such vacancy shall, in
16a school district of the first class, be filled for the
17unexpired term by the court of common pleas of the county in
18which such school district is situated from the qualified
19electors of the district; and in a school district of the

1second, third, or fourth classes, the remaining members of the
2board of school directors shall, by a majority vote thereof,
3fill such vacancy from the qualified electors of the district
4within thirty (30) days thereafter. In a district of the second,
5third, or fourth class, the person selected to fill such vacancy
6shall be a qualified elector of the district and shall hold his
7office, if the term thereof so long continues, until the first
8Monday of December after the first municipal election occurring
9more than sixty (60) days after the vacancy shall have occurred.
10At such election an eligible person shall be elected for the
11remainder of the unexpired term. If, by reason of a tie vote or
12otherwise, such vacancy shall not have been filled by the board
13of school directors within thirty (30) days after such vacancy
14shall have occurred from the qualified electors of the district,
15the court of common pleas of the proper county, upon the
16petition of ten or more resident taxpayers, shall fill such
17vacancy by the appointment of a suitable person from the
18qualified electors of the district if the term of the vacant
19office so long continues, until the first Monday of December
20after the first municipal election occurring more than sixty
21(60) days after the vacancy shall have occurred. At such
22election an eligible person shall be elected for the remainder
23of the unexpired term. When any member of a board of school
24directors heretofore or hereafter enlists or is inducted into
25the military or naval forces of the United States in time of
26war, a temporary vacancy shall be declared, which shall be
27filled by the remaining members of the board or the court, as
28the case may be from the qualified electors of the district,
29until the return of such member of the board from the military
30or naval service, or until the expiration of the term for which

1he shall have been elected, whichever shall be the shorter
2period.

3(b) In case any vacancy shall occur in any board of school
4directors by reason of resignation, such vacancy shall be filled
5by the qualified elector who received the second highest number
6of votes in the most recent election of school directors. If no
7such qualified elector exists or the qualified elector opts not
8to fill the vacancy, the vacancy shall be filled by the
9qualified elector who received the third highest number of votes
10in the most recent election of school directors. If no such
11qualified elector exists or the qualified elector opts not to
12fill the vacancy, the vacancy may be filled by either of the
13following:

14(1) Selection by the board of school directors. The
15board of school directors may only select a qualified elector
16who was a candidate in the most recent election of school
17directors.

18(2) A special election by the qualified electors of the
19district, occurring no later than sixty (60) days after the
20vacancy occurred.

21Section 2. This act shall take effect in 60 days.