PRINTER'S NO. 3611
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2908
Session of
2022
INTRODUCED BY O'NEAL, ZIMMERMAN, KAIL, MALONEY, RYAN, JONES,
KEEFER, BERNSTINE, OWLETT, COOK, LEWIS DELROSSO AND ROSSI,
OCTOBER 26, 2022
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 26, 2022
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 organization meetings and officers
of boards of school directors, further providing for
solicitor and other appointees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 406 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended to
read:
Section 406. Solicitor and Other Appointees.--(a) Each
board of school directors may appoint a solicitor, such
assistant solicitors and such other appointees, clerks or
employes as it may deem proper, none of whom, except as provided
in section three hundred twenty-four of this act, shall be a
member of the board, and shall define their duties and fix their
salaries.
(b) In addition to any other duties prescribed by law, when
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participating at a regular or special meeting in accordance with
this act, it shall be the duty of a solicitor or assistant
solicitor appointed by a board of school directors to:
(1) Act loyally and in accordance with the best interests of
the students and parents of the school districts under the board
of school directors' jurisdiction and authority.
(2) Act impartially and avoid conflicts of interest that
impair the solicitor's ability to act in the best interests of
the students and parents.
(3) Abstain from deception and practice honesty and equity
in matters that concern the education, health, safety and
general welfare of students.
(4) Act with the care, competence and diligence ordinarily
exercised by solicitors or assistant solicitors of boards of
school directors.
(5) Act in good faith.
(c) A parent or student may bring a civil cause of action in
a court of common pleas based upon a violation of a duty under
subsection (b) and may recover one thousand dollars ($1,000) per
violation, treble damages and any other relief deemed
appropriate by the court.
Section 2. This act shall take effect in 60 days.
20220HB2908PN3611 - 2 -
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