THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MAHONEY, BEYER, CALTAGIRONE, CUTLER, FRANKEL, GALLOWAY, HALUSKA, HORNAMAN, KIRKLAND, LEVDANSKY, LONGIETTI, McILVAINE SMITH, PRESTON, REICHLEY, SCAVELLO, SEIP, SIPTROTH, STURLA, SWANGER AND WHITE, FEBRUARY 10, 2009

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 10, 2009  

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," further providing for combination of

school districts; providing for referendum on combination of

school districts and for assistance for countywide school

districts; and further providing for elections or

appointments in newly formed districts and for duties of

superintendents.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 224 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, added December

7, 1965 (P.L.1034, No.385), is amended to read:

Section 224.  Combination of School Districts.--Any two or

more school districts or administrative units may combine to

create a larger school district. [The] Except as provided in

section 224.1, the board of school directors of each school

district desiring to form such a combination shall, by a

majority vote, adopt a resolution outlining the areas to be

combined and file an application for approval with the

[Superintendent of Public Instruction] Department of Education.

The [Superintendent of Public Instruction] Department of

Education shall place on the agenda of the State Board of

Education each such application for its consideration.

The State Board of Education shall review each application

upon its agenda and approve such applications as it deems wise

in the best interest of the educational system of the

Commonwealth.

The State Board may continue the application on its agenda

and may permit any school district or interested party,

aggrieved by the petition, to file its objection. Such objection

shall set forth the basis for and facts of aggrievement.

If an application is not approved it shall be returned to the

applying districts for resubmission in accordance with such

recommendations as may be attached thereto.

When an application receives approval, the State Board of

Education shall direct the [Superintendent of Public

Instruction] Department of Education to issue a certificate

creating the new school district, listing the name, constituting

components, classification and effective date of operation.

Section 2.  The act is amended by adding sections to read:

Section 224.1.  Referendum on Combination of School

Districts.--(a)  In any county with a school district of the

second, third or fourth class, the county commissioners may, by

majority vote, adopt a resolution to place a question on the

ballot to determine the will of the electors with respect to

combining all school districts in the county into one countywide

school district. A copy of the resolution shall be filed with

the board of elections of the county.

(b)  The county board of elections shall place on the ballot

a question fairly representing the content of the resolution

filed under subsection (a) at the next primary or general

election at least ninety (90) days after the filing of the

resolution. The election shall be conducted in accordance with

the act of June 3, 1937 (P.L.1333, No.320), known as the

"Pennsylvania Election Code."

(c)  If two-thirds of the electors voting on the question

under subsection (b) vote in the affirmative, the Secretary of

the Commonwealth shall transmit notice of the vote to the county

commissioners and the affected school districts.

(d)  Upon receipt of notice under subsection (c), the board

of directors of the school districts within the county shall

file an application with the Department of Education for

approval of the combination under section 224.

Section 224.2.  Assistance for Countywide School Districts.--

If two or more school districts combine to create a countywide

school district and at least one of the school districts is a

school district of the second, third or fourth class, the

districts shall be eligible for the following:

(1)  Services of advisors and legal counsel from the

Department of Education relating to the combination of the

school districts.

(2)  Upon application to the Department of Education, a grant

of two million dollars ($2,000,000) to the new countywide school

district for expenses related to the combination of the school

districts.

(3)  Participation in the Pennsylvania Employee Benefit Trust

Fund if participation is approved by all organizations

representing employes of the new countywide school district and

is not in violation of any collective bargaining agreement. The

cost of insurance premiums resulting from participation is the

responsibility of the school district and the employes. The

Commonwealth shall not be obligated to pay any of the cost of

participation.

(4)  At the discretion of the new countywide school district,

retention of aspects of the identity of the combining school

districts including:

(i)  Names of school buildings and other facilities.

(ii)  School district nicknames and mascots.

(iii)  Any other indicia of school district identity.

Section 3.  Section 308 of the act, amended December 7, 1965

(P.L.1034, No.385), is amended to read:

Section 308.  Elections or Appointments in Newly Formed

Districts.--(a)  At the first municipal election occurring more

than thirty (30) days subsequent to the formation of such new

school district, a board of school directors for such district

shall be elected or appointed, as provided in this act. Such

school directors shall be elected or appointed for such terms

that the number and terms of those whose places are to be filled

at each succeeding municipal election shall be the same as the

number and terms of those whose places are filled at the

corresponding election in other school districts of the same

class.

[When] (b)  Except as provided under subsection (c), when two

or more school districts are combined into a single district as

the result of State Board approval, the directors then in office

in each component school district shall, until the end of their

respective terms, be directors of the newly formed school

district. Vacancies occurring in such incumbent positions shall

not be filled. At the first municipal election following the

date of establishment of the new district and at each subsequent

municipal election, three directors shall be elected at large

for six year terms. Their term of office shall begin on the

first Monday of December following their election.

(c)  A countywide board of school directors shall be formed

to govern a countywide school district established under section

224.1. The county shall be divided by the county commissioners

into seven (7) districts of equal population. Each district

shall elect a county school director to serve a term of four (4)

years. The county commissioners shall fill any vacancy in the

office of school director by appointment.

(d)  The school directors of the component districts of the

new district before the date of establishment or the board of

school directors after establishment, may, if they choose,

develop a plan to divide the new school district into three or

nine regions in the same manner as provided in section 303 of

this act.

Section 4.  Section 1081 of the act, amended January 14, 1970

(1969 P.L.468, No.192), is amended to read:

Section 1081.  Duties of Superintendents.--The duties of

district superintendents shall be to visit personally as often

as practicable the several schools under his supervision, to

note the courses and methods of instruction and branches taught,

to give such directions in the art and methods of teaching in

each school as he deems expedient and necessary, [and] to report

to the board of school directors any insufficiency found, so

that each school shall be equal to the grade for which it was

established and that there may be, as far as practicable,

uniformity in the courses of study in the schools of the several

grades, to hire professional, temporary professional or

nonprofessional employes and such other duties as may be

required by the board of school directors. The district

superintendent shall have a seat on the board of school

directors of the district, and the right to speak on all matters

before the board, but not to vote.

Section 5.  This act shall take effect in 60 days.