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PRINTER'S NO. 1070
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1017
Session of
2021
INTRODUCED BY DeLUCA, KINSEY, CIRESI, MERSKI, PISCIOTTANO AND
GILLEN, MARCH 29, 2021
REFERRED TO COMMITTEE ON EDUCATION, MARCH 29, 2021
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 directors, further
providing for filling of vacancies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 315 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 315. Filling of Vacancies.--In case any vacancy
shall occur in any board of school directors by reason of death,
resignation, removal from the district, or otherwise, such
vacancy shall, in a school district of the first class, be
filled for the unexpired term by the court of common pleas of
the county in which such school district is situated from the
qualified electors of the district; and in a school district of
the second, third, or fourth classes, the remaining members of
the board of school directors shall, by a majority vote thereof,
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fill such vacancy from the qualified electors of the district
within thirty (30) days thereafter. In a district of the second,
third, or fourth class, the person selected to fill such vacancy
shall be a qualified elector of the district and shall hold his
office, if the term thereof so long continues, until the first
Monday of December after the first municipal election occurring
more than sixty (60) days after the vacancy shall have occurred.
At such election an eligible person shall be elected for the
remainder of the unexpired term. If, by reason of a tie vote or
otherwise, such vacancy shall not have been filled by the board
of school directors within thirty (30) days after such vacancy
shall have occurred from the qualified electors of the district,
the court of common pleas of the proper county, upon the
petition of ten or more resident taxpayers, shall fill such
vacancy by the appointment of a suitable person from the
qualified electors of the district if the term of the vacant
office so long continues, until the first Monday of December
after the first municipal election occurring more than sixty
(60) days after the vacancy shall have occurred. At such
election an eligible person shall be elected for the remainder
of the unexpired term. In any class of school district, the
spouse of a current school director may not be appointed to fill
a vacancy. When any member of a board of school directors
heretofore or hereafter enlists or is inducted into the military
or naval forces of the United States in time of war, or is
called to active duty in the military or naval forces of the
United States, a temporary vacancy shall be declared, which
shall be filled by the remaining members of the board or the
court, as the case may be from the qualified electors of the
district, until the return of such member of the board from the
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military or naval service, or until the expiration of the term
for which he shall have been elected, whichever shall be the
shorter period.
Section 2. This act shall take effect in 60 days.
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