PRINTER'S NO. 3385
No. 2555 Session of 1978
INTRODUCED BY GALLAGHER, PANCOAST, BURNS, SCHWEDER, McLANE,
COWELL, MORRIS, WISE, GARZIA, MILANOVICH, LINCOLN,
RICHARDSON, MILLER, W. D. HUTCHINSON, E. Z. TAYLOR, FREIND,
DAVIES, NOYE, FISCHER AND RHODES, JUNE 12, 1978
REFERRED TO COMMITTEE ON EDUCATION, JUNE 12, 1978
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for the election of school
6 directors in school districts of the first class; providing
7 for the appointment of a Special Interim Board of Public
8 Education in such districts; and granting powers and duties
9 to both such boards.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 301, act of March 10, 1949 (P.L.30,
13 No.14), known as the "Public School Code of 1949," is amended to
14 read:
15 Section 301. Board of Directors; Election [or
16 Appointment].--The public school system of the Commonwealth
17 shall be administered by a board of school directors[,] to be
18 elected [or appointed,] as hereinafter provided. At each
19 election of school directors, each qualified voter shall be
20 entitled to cast one vote for each school director to be
1 elected. Any system providing for cumulative voting for the
2 office of school director is hereby abolished.
3 Section 2. Section 302 of the act, amended June 2, 1965
4 (P.L.86, No.59), is amended to read:
5 Section 302. [Number and Appointment in Districts First
6 Class and First Class A;] Reorganized District of First Class A
7 Containing Former Districts of Second, Third or Fourth Class:
8 Terms of Office.--(a) In each school district of the first class
9 or of the first class A, the board shall be known as the "Board
10 of Public Education," and shall consist of fifteen (15) school
11 directors, whose term of office shall be six (6) years. The
12 terms of five of the members shall expire on the second Monday
13 of November of each odd numbered year, as now provided by law.
14 The judges of the courts of common pleas of the county in which
15 such school district is situated shall, in October of every odd
16 numbered year, appoint five (5) members for terms of six (6)
17 years. Their term of office shall begin on the second Monday of
18 November next following their appointment.
19 (b)] When a school district or districts of the second,
20 third or fourth class is merged into and becomes part of a
21 district of the first class A as a reorganized district under
22 the provisions of Article II, subdivision (i) of this act, the
23 terms of office of all directors of such district or districts
24 of the second, third or fourth class shall terminate on the date
25 of establishment of such reorganized district of the first class
26 A.
27 As soon as a vacancy occurs in the office of Director of the
28 Board of Public Education, a resident of the area comprising the
29 district of the second, third or fourth class merged into and
30 becoming a part of the school district of the first class A
19780H2555B3385 - 2 -
1 shall be appointed to the Board of Public Education of the
2 reorganized district and following the expiration of the term of
3 the director so appointed, the appointment of directors shall be
4 without regard to this limitation.
5 Section 3. The act is amended by adding sections to read:
6 Section 302.2. Board of Public Education in School Districts
7 of the First Class.--(a) In each school district of the first
8 class the school board shall be known as the Board of Public
9 Education.
10 (b) The board shall consist of fifteen (15) members to be
11 elected as hereinafter provided. In any school district of the
12 first class existing on the effective date of this amendatory,
13 all members of the board shall be initially elected at the 1979
14 municipal election.
15 (c) Whenever a school district of the first class is
16 coterminous with a city of the first class each councilmatic
17 district of such city of the first class shall be a specified
18 school director district for each of which only one candidate
19 shall be elected. The remaining members shall be elected at
20 large within such school district. Each qualified elector shall
21 have the right to vote for one specified district school
22 director and for a majority of the total school directors at
23 large to be elected. To this end, not more than a majority of
24 the total school directors at large to be elected shall be
25 nominated pursuant to law by any political party or other
26 political body.
27 (d) The terms of school directors shall be four years from
28 the first Monday of January following the year in which they
29 were elected except that a school director selected to fill a
30 vacancy shall serve only for the balance of the unexpired term.
19780H2555B3385 - 3 -
1 Vacancies shall be filled in the manner provided in section 315.
2 The terms of appointed members of a board existing on the
3 effective date of this amendatory act shall terminate on the
4 first Monday of January 1980.
5 (e) In addition to any other provision of this act
6 establishing the qualifications for school directors, directors
7 elected to represent a specified district shall be, and during
8 their terms of office shall remain, residents of the districts
9 from which they were elected.
10 (f) Members of the Board of Public Education shall be
11 nominated and elected in accordance with the act of June 3, 1937
12 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
13 (g) After the election of members of the Board of Public
14 Education in accordance herewith the Board of Public Education
15 of such first class school district shall be governed by the
16 provisions of this section and by all other provisions of the
17 act to which this is an amendment and other provisions of
18 general law relating to first class school districts which are
19 not inconsistent with the provisions of this section. The
20 provisions of this section shall supersede all other parts of
21 the act to which this is an amendment and all other acts
22 affecting the organization of school districts of the first
23 class to the extent that they are inconsistent or in conflict
24 herewith. All existing acts or parts of acts and resolutions
25 affecting the organization of first class school districts not
26 inconsistent or in conflict with the provisions of this section
27 shall remain in full force until modified or repealed as
28 provided by law.
29 (h) No superintendent, assistant superintendent, supervising
30 principal, teacher or other employe shall serve either
19780H2555B3385 - 4 -
1 temporarily or permanently as a member of the Board of Public
2 Education by which employed.
3 (i) Upon the election of the Board of Public Education,
4 school districts of the first class may levy and collect taxes
5 on the same subjects and in the same manner as cities of the
6 first class, except that no ordinance or resolution of the
7 school district shall authorize the imposition of a tax on the
8 wages, salary or net income of any person not a resident of such
9 school district.
10 Section 302.3. Special Interim Board in School Districts of
11 the First Class.--(a) In school districts of the first class
12 existing on the effective date of this amendatory act there is
13 hereby created a Special Interim Board of Public Education.
14 (b) The board shall consist of nine (9) members, three (3)
15 of whom shall be appointed by the Speaker of the House of
16 Representatives, three (3) by the President pro tempore of the
17 Senate, and three (3) by the Secretary of Education. The
18 Secretary of Education shall designate one (1) of the members as
19 chairman. All nine (9) members shall be appointed within thirty
20 (30) days of the effective date of this act.
21 (c) Each such appointed member shall be a qualified elector
22 of such school district of the first class, but no
23 superintendent, assistant superintendent, supervising principal,
24 teacher or other employe shall be eligible for appointment.
25 (d) The members of the board shall receive no salary, but
26 shall receive expenses at the rate of forty-four dollars ($44)
27 per diem for each meeting of the board which they attend. Such
28 payments shall be made from the funds of the school district and
29 shall be charged to administrative services.
30 (e) The Special Interim Board shall assume all powers,
19780H2555B3385 - 5 -
1 rights, privileges, prerogatives and duties (including labor
2 negotiations) conferred upon any appointed Board of Public
3 Education existing on the effective date of this amendatory act.
4 Such Special Interim Board shall control the affairs of the
5 district and operate it in place of the existing appointed Board
6 of Public Education until such time as the Board of Public
7 Education elected in accordance with the provisions of section
8 302.2 shall assume control of the school district.
9 (f) Members of any existing appointed Board of Public
10 Education shall continue in office until such time as the Board
11 of Public Education elected in accordance with the provisions of
12 section 302.2 shall assume control of the school district. Such
13 members may not resign unless with the unanimous consent of the
14 Special Interim Board. Such members may be removed for neglect
15 of duty in accordance with the provisions of section 318. The
16 existing Board of Public Education shall act in an advisory
17 capacity to the Special Interim Board.
18 (g) Notwithstanding any provisions of law or charter to the
19 contrary, the Special Interim Board shall have the power to levy
20 and collect taxes on the same subjects and in the same manner as
21 cities of the first class, except that no ordinance or
22 resolution of the school district shall authorize the imposition
23 of a tax on wages, salary or net income of any person not a
24 resident of such school district.
25 Section 4. If any provision of this act or the application
26 thereof to any person or circumstances is held invalid, such
27 invalidity shall not affect other provisions or applications of
28 the act which can be given effect without the invalid provision
29 or application, and to this end the provisions of this act are
30 declared to be severable.
19780H2555B3385 - 6 -
1 Section 5. All acts and parts of acts are repealed insofar
2 as they are inconsistent herewith.
3 Section 6. This act shall take effect immediately.
F6L24JLW/19780H2555B3385 - 7 -