PRINTER'S NO. 2356
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1876
Session of
2023
INTRODUCED BY BRENNAN, MADDEN, WEBSTER, SAMUELSON, SANCHEZ,
HARKINS AND WARREN, DECEMBER 5, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 5, 2023
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 preliminary provisions, further
providing for definitions; and, in school directors, further
providing for school board in first class A school districts,
apportionment of seats and numbers, terms and methods for
election of school directors in first class A school
districts, for number and election in districts of the
second, third and fourth classes and terms of office, for
number and election in districts third class and terms of
office and for number and election in districts fourth class
and terms of office.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding a definition to read:
Section 102. Definitions.--When used in this act the
following words and phrases shall have the following meanings:
* * *
"Community of interest." A neighborhood or geographically
defined group of individuals who share similar social, cultural
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and economic interests.
* * *
Section 2. Sections 302.1(c)(1) and (4), 303, 304 and 305 of
the act are amended to read:
Section 302.1. School Board in First Class A School
Districts; Apportionment of Seats, and Numbers, Terms, and
Methods for Election of School Directors in First Class A School
Districts.--* * *
(c) Apportionment.
(1) In each school district of the first class A, a school
director district apportionment commission shall be constituted
for the purpose of establishing an odd number not less than
seven nor more than fifteen school director districts within the
first class A school district by assigning each election
district within such school district into one of such school
director districts. The commission shall select that odd number
of districts from seven to fifteen which will best provide for
racial balance and proportional representation of all segments
of the population at the time of the apportionment. Such school
director districts shall [be compact, contiguous, and as nearly
equal in population as practicable.]:
(i) Maintain population equality among districts. In no case
shall there be a deviation of more than ten (10) per centum
between the most populous district and the least populous
district.
(ii) Be compatible with the boundaries of election
districts.
(iii) Be contiguous and connected by more than a single
point.
(iv) Divide the smallest number of census blocks and, if
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there is a choice between dividing census blocks, more populous
census blocks shall be divided before less populous census
blocks.
(v) Respect the boundaries of political subdivisions and
communities of interest.
(vi) Be geographically compact and square, rectangular or
hexagonal in shape, unless doing so would interfere with other
factors specified in this paragraph, but a district shall not
have a ratio of less than four tenths of one (0.4) per centum
between the area of the district and the area of the smallest
circle drawn on a map that can completely enclose the district.
(vii) Provide for racial balance of the board of school
directors of the school district.
* * *
(4) No later than September in the second year following the
year in which Federal census data is officially gathered, a
school director district reapportionment commission shall be
appointed. Said reapportionment commission shall consist of
seven members, three to be appointed by the mayor of the most
populous municipality in the school district, three by the city
council of such municipality and one by the mayor of any other
municipality of the school district with the approval of the
legislative body thereof. The duties of the reapportionment
commission shall be, from the official data of the United States
Bureau of the Census, to define the lines that divide the
existing school director districts [to make any new school
director districts as nearly equal in population as practicable,
and as compact and contiguous as possible, and to best provide
for racial balance on the board of school directors of said
school district.] in accordance with the standards specified in
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paragraph (1). The number of school directors or school director
districts shall not be increased or decreased. [In addition, the
reapportionment commission shall make every effort to maintain
neighborhood boundary lines of communities of like interest
whenever practicable.] Such reapportionment commission shall
file its plan no later than ninety days after either the
commission has been appointed or the specified population data
for the first class A school district as determined by the
Federal decennial census are available, whichever is later in
time.
* * *
Section 303. Number and Election in Districts of the
Second[, Third and Fourth Classes] Class; Terms of Office.--[(a)
In each school district of the second class, and on and after
July 1, 1966, or if there is advance establishment July 1, 1964,
or July 1, 1965, as the case may be, in each school district of
the second, third and fourth class, there shall be a board of
nine (9) school directors, who, except as otherwise provided in
this act, shall be elected at large for terms of six (6) years.
The terms of three of the members shall expire on the first
Monday of December of each odd numbered year, as now provided by
law. At each municipal election, three school directors, except
as otherwise provided in this act, shall be elected at large for
terms of six (6) years. Their terms of office shall begin on the
first Monday of December following their election. Beginning
with the terms to be filled at the municipal election held in
1979 and each odd numbered year thereafter, the terms of school
directors so elected shall be four (4) years, except that at the
municipal election in 1983, five (5) school directors shall be
elected for terms of four (4) years and one (1) for a term of
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two (2) years. At the municipal election in 1985 and every four
(4) years thereafter, four (4) directors shall be elected for
terms of four (4) years. At the municipal election in 1987 and
every four (4) years thereafter, five (5) directors shall be
elected for terms of four (4) years. The board shall select by
lot, prior to the time for filing of nomination petitions, the
vacancy that is to be filled for a two (2) year term in 1983.]
(a.1) Except as otherwise provided in subsection (b), in
each school district of the second class, there shall be a board
of nine (9) school directors who shall be elected at large and
whose terms of office shall be four (4) years. Their terms of
office shall begin on the first Monday of December following
their election.
(b) (1) [The] In a school district of the second class and
in accordance with the standards specified in paragraph (5), the
interim operating committee or the board of school directors may
develop a plan to elect school directors from regions or to
elect some school directors at large and some from regions. Such
a plan may also be developed by the resident electors of a
school district of the second class as provided herein and shall
have the same effect as one developed by the board of school
directors.
(2) Electors equal to at least twenty-five (25) per centum
of the highest vote cast for any school director in the last
municipal election may develop a plan to elect school directors
from regions or to elect some school directors from regions and
some from the school district at large. Plans proposed by
electors shall be subject to the same requirements as plans
proposed by the board of school directors.
(3) [The boundaries of the regions shall be fixed and
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established in such manner that the population of each region
shall be as nearly equal as possible and shall be compatible
with the boundaries of election districts.] Such plan for the
division of the school district shall be submitted for approval
to the court of common pleas. If approved by such court, the
clerk thereof shall certify the regional boundaries contained
therein to the county board of elections. In the event of any
division, redivision, alteration, change or consolidation of
election districts which renders regional boundaries
incompatible with the boundaries of election districts, a new
plan shall be developed and submitted for court approval in like
manner. Any proposed change in an approved plan, including
abolition of regional representation, shall be submitted for
approval to the court of common pleas by the board of school
directors, or by a petition of the resident electors within the
district. Where a region plan is approved, school directors who
reside in each region shall be elected by and from each region.
At all times each region shall be represented by directors
elected or appointed from that region. Where a combination at
large and region plan is approved, all regions shall have an
equal number of school directors who reside in each region and
who shall be elected or appointed by and from each region. At
all times each region shall be represented by a director or
directors elected or appointed from that region. All plans shall
provide that three school directors shall be elected at each
municipal election. In a combination at large and region plan,
the number of regions shall be three. In a region plan not
combining at large directors, the number of regions shall be
three or nine.
(4) No later than September in the second year following the
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year in which Federal census data is officially gathered, a
school district that elects its school directors regionally
shall, from the official data of the United States Bureau of the
Census, redraw its regional boundaries in accordance with the
standards specified in paragraph (5).
(5) The boundaries of the regions shall:
(i) Maintain population equality among regions. In no case
shall there be a deviation of more than ten (10) per centum
between the most populous region and the least populous region.
(ii) Be compatible with the boundaries of election
districts.
(iii) Be contiguous and connected by more than a single
point.
(iv) Divide the smallest number of census blocks and, if
there is a choice between dividing census blocks, more populous
census blocks shall be divided before less populous census
blocks.
(v) Respect the boundaries of political subdivisions and
communities of interest.
(vi) Be geographically compact and square, rectangular or
hexagonal in shape, unless doing so would interfere with other
factors specified in this paragraph, but a region shall not have
a ratio of less than four tenths of one (0.4) per centum between
the area of the region and the area of the smallest circle drawn
on a map that can completely enclose the region.
(c) In any case where the newly established school district
is situated in two or more counties, the plan for regional
representation provided for herein shall be submitted for
approval to the court of quarter sessions of the county in which
the largest part in area of the land affected is situated, which
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court shall have exclusive jurisdiction over the matter.
Section 304. Number and Election in Districts Third Class;
Terms of Office.--In each school district of the third class
there shall be a board of [seven (7)] nine (9) school directors,
who shall be elected at large, and whose terms of office shall
be [six (6)] four (4) years. [The terms of the members now in
office shall expire at the end of the terms for which they were
respectively elected. At each of the municipal elections held in
November, one thousand nine hundred and forty-nine (1949), and
in November, one thousand nine hundred and fifty-one (1951), two
school directors shall be elected. At the municipal election
held in November, one thousand nine hundred and fifty-three
(1953), three school directors shall be elected. At each of the
first two municipal elections thereafter, two school directors
shall be elected. At the third municipal election, three shall
be elected. Thereafter, two school directors shall be elected at
each of the two succeeding municipal elections, and three at
each third municipal election. All shall be elected at large,
for terms of six years.] Their terms of office shall begin on
the first Monday of December following their election.
Section 305. Number and Election in Districts Fourth Class;
Terms of Office.--In each school district of the fourth class
there shall be a board of [five (5)] nine (9) school directors,
who shall be elected at large, and whose terms of office shall
be [six (6)] four (4) years. [The terms of the members now in
office shall expire at the end of the terms for which they were
respectively elected. At each of the municipal elections held in
November, one thousand nine hundred and forty-nine (1949), and
in November, one thousand nine hundred fifty-one (1951), two
school directors shall be elected. At the municipal election
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held in November, one thousand nine hundred fifty-three (1953),
one school director shall be elected. At each of the first two
municipal elections thereafter, two school directors shall be
elected. At the third municipal election, one shall be elected.
Thereafter, two school directors shall be elected at each of the
two succeeding municipal elections, and one at each third
municipal election. All shall be elected at large, for terms of
six (6) years.] Their terms of office shall begin on the first
Monday of December following their election.
Section 3. This act shall take effect in 60 days.
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