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PRINTER'S NO. 186
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
195
Session of
2015
INTRODUCED BY O'BRIEN, BISHOP, V. BROWN, BROWNLEE, CARROLL,
KOTIK, MILLARD, PASHINSKI, THOMAS, YOUNGBLOOD AND READSHAW,
JANUARY 23, 2015
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 23, 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 finances, further providing
for distress in school districts of the first class; and
providing for school board in distressed school districts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 696(n) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended October 30, 2001 (P.L.828, No.83), is amended to read:
Section 696. Distress in School Districts of the First
Class.--* * *
(n) [The Secretary of Education, only upon the
recommendation of a majority of the School Reform Commission,
may issue a declaration to dissolve the School Reform
Commission. The dissolution declaration shall be issued at least
one hundred eighty (180) days prior to the end of the current
school year and shall be effective at the end of that school
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year.] The following provisions shall apply to the dissolution
of the School Reform Commission:
(1) The Secretary of Education shall, within ten (10) days
of the effective date of this paragraph, issue a declaration to
dissolve the School Reform Commission. The dissolution
declaration shall be effective at the end of the 2014-2015
school year.
(2) [Except as otherwise provided in this section, after]
After dissolution of the School Reform Commission the board of
school directors established in accordance with the provisions
of section 696.1 shall have the [powers and] duties of the
School Reform Commission.
(3) Upon the effective date of the dissolution declaration,
the provisions of subsections (a), (b), (b.1), (b.2), (c), (e),
(h), (i), (j), (k), (l), (n.1) and (n.2) shall expire.
* * *
Section 2. The act is amended by adding a section to read:
Section 696.1. School Board in Distressed School
Districts.--(a) Each distressed school district in a city of
the first class shall have a twelve (12) member school board
with taxing power. There shall be eleven (11) elected school
board members, one (1) elected from each city council district
and one (1) elected from the city at large. There shall be one
(1) school board member appointed by the mayor of the city of
the first class who shall have no voting rights.
(b) Odd-numbered districts shall elect school board members
for two (2) year terms beginning in 2015. Even-numbered
districts shall elect school board members for one (1) year
terms in 2015 and for two (2) year terms beginning in 2016. The
at-large school board member shall be elected for a two (2) year
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term beginning in 2015.
(c) District school board member candidates shall be
required to obtain the same number of signatures as district
councilmen candidates are required to obtain in cities of the
first class.
(d) A district school board member may not serve on the
school board for more than ten (10) years.
(e) No superintendent, assistant superintendent, supervising
principal, teacher or other employe may serve either temporarily
or permanently as a member of the school board by which
employed.
(f) The school board in a distressed school district shall
have the same taxing authority as the city council in a city of
the first class. The existing spending caps for other school
districts shall apply for cities of the first class at such time
as the distressed school district does the following:
(1) Achieves budget surpluses in five (5) consecutive years.
(2) Achieves average PSSA scores equal to or in excess of
the Statewide average.
(g) (1) The school board shall have the powers and duties
of boards of school directors under Article V. The duties
granted heretofore to the School Reform Commission under this
act or any other law shall be vested in the school board.
(2) The school board shall be governed by the provisions of
this act and other provisions of general law relating to first
class school districts that are not inconsistent with the
provisions of this section. The school board may adopt
reasonable rules and regulations for its government and control.
(3) All persons elected or appointed as school board members
shall serve without pay except as provided for the secretary and
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treasurer under Article IV.
(4) The provisions of this section shall supersede all other
parts of this act and all other acts affecting the organization
of school districts of the first class to the extent that they
are inconsistent or in conflict with this section.
(5) All existing acts or parts of acts and resolutions
affecting the organization of first class school districts not
inconsistent or in conflict with the provisions of this section
shall remain in full force until modified or repealed as
provided by law.
(6) For the purposes of this section, "distressed school
district" shall mean a school district of the first class that
has been declared to be distressed by the Secretary of Education
under section 691.
Section 3. Repeals are as follows:
(1) The act of August 9, 1963 (P.L.643, No.341), known
as the First Class City Public Education Home Rule Act, is
repealed to the extent of any inconsistency with this act.
(2) All other acts and parts of acts are repealed
insofar as they are inconsistent with this act.
Section 4. This act shall take effect in 60 days.
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