PRINTER'S NO. 1269
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
984
Session of
2015
INTRODUCED BY DAVIDSON, THOMAS, MURT, V. BROWN, SACCONE,
BIZZARRO, McNEILL, SIMMONS, KORTZ, ROZZI AND KINSEY,
APRIL 20, 2015
REFERRED TO COMMITTEE ON EDUCATION, APRIL 20, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school directors, further
providing for filling of vacancies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 315 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, amended June
26, 2014 (P.L.785, No.74), is amended to read:
Section 315. Filling of Vacancies.--[In] (a) Except as
provided in subsection (b), in case any vacancy shall occur in
any board of school directors by reason of death, resignation,
removal from the district, or otherwise, such vacancy shall, in
a school district of the first class, be filled for the
unexpired term by the court of common pleas of the county in
which such school district is situated from the qualified
electors of the district; and in a school district of the
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second, third, or fourth classes, the remaining members of the
board of school directors shall, by a majority vote thereof,
fill such vacancy from the qualified electors of the district
within thirty (30) days thereafter. In a district of the second,
third, or fourth class, the person selected to fill such vacancy
shall be a qualified elector of the district and shall hold his
office, if the term thereof so long continues, until the first
Monday of December after the first municipal election occurring
more than sixty (60) days after the vacancy shall have occurred.
At such election an eligible person shall be elected for the
remainder of the unexpired term. If, by reason of a tie vote or
otherwise, such vacancy shall not have been filled by the board
of school directors within thirty (30) days after such vacancy
shall have occurred from the qualified electors of the district,
the court of common pleas of the proper county, upon the
petition of ten or more resident taxpayers, shall fill such
vacancy by the appointment of a suitable person from the
qualified electors of the district if the term of the vacant
office so long continues, until the first Monday of December
after the first municipal election occurring more than sixty
(60) days after the vacancy shall have occurred. At such
election an eligible person shall be elected for the remainder
of the unexpired term. When any member of a board of school
directors heretofore or hereafter enlists or is inducted into
the military or naval forces of the United States in time of
war, or is called to active duty in the military or naval forces
of the United States, a temporary vacancy shall be declared,
which shall be filled by the remaining members of the board or
the court, as the case may be from the qualified electors of the
district, until the return of such member of the board from the
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military or naval service, or until the expiration of the term
for which he shall have been elected, whichever shall be the
shorter period.
(b) In case any vacancy shall occur in any board of school
directors by reason of resignation, such vacancy shall be filled
by the qualified elector who received the second highest number
of votes in the most recent election of school directors. If no
such qualified elector exists or the qualified elector opts not
to fill the vacancy, the vacancy shall be filled by the
qualified elector who received the third highest number of votes
in the most recent election of school directors. If no such
qualified elector exists or the qualified elector opts not to
fill the vacancy, the vacancy may be filled by either of the
following:
(1) Selection by the board of school directors. The
board of school directors may only select a qualified elector
who was a candidate in the most recent election of school
directors.
(2) A special election by the qualified electors of the
district, occurring no later than sixty (60) days after the
vacancy occurred.
Section 2. This act shall take effect in 60 days.
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