PRINTER'S NO. 1746
No. 1471 Session of 1999
INTRODUCED BY MARSICO, STAIRS, BUXTON, NAILOR, HENNESSEY, FLICK,
YOUNGBLOOD, ZUG, CLARK, FARGO AND STABACK, MAY 6, 1999
REFERRED TO COMMITTEE ON EDUCATION, MAY 6, 1999
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," further providing for a public
6 hearing prior to closing school or consolidating schools.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 780 of the act of March 10, 1949 (P.L.30,
10 No.14), known as the Public School Code of 1949, added April 4,
11 1984 (P.L.190, No.38), is amended to read:
12 Section 780. Public Hearing and Referendum Prior to Closing
13 School or Consolidating Schools.--(a) In the event of a
14 permanent closing of a public school or substantially all of a
15 school's facilities or the permanent consolidation of two or
16 more schools together with their academic programs into one
17 facility, the board of school directors shall hold a public
18 hearing on the question not less than three (3) months prior to
19 [the decision of the board] a referendum on the question
20 relating to the closing of the school or a consolidation of one
1 or more public schools of the district. Notice of the hearing
2 shall be given in a newspaper of general circulation in the
3 school district at least fifteen (15) days prior to the date of
4 such hearings.
5 (b) At the primary or general election following the hearing
6 required by subsection (a), the board of school directors shall
7 cause to be placed on the ballot within the school district a
8 question regarding the proposal to close the school or
9 consolidate two or more schools within the district. The results
10 of the ballot question shall not be binding upon the board of
11 school directors. Failure of the board of school directors to
12 place the question on the ballot shall void any decision of the
13 board relating to the closing or consolidation of schools.
14 (c) The referendum required by this section shall not apply
15 to decisions of the board of school directors to close or
16 consolidate schools whenever the health or safety of the
17 students enrolled in the schools is involved.
18 Section 2. This act shall take effect immediately.
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