THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WOZNIAK, FOLMER, WASHINGTON, STACK AND ALLOWAY, MAY 1, 2009

REFERRED TO EDUCATION, MAY 1, 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," providing for the reorganization of

school districts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 234.  Establishment of Optimal School District

Boundaries.--(a)  The General Assembly finds as follows:

(1)  In order to fulfill the responsibility under the

Constitution of Pennsylvania to provide a thorough and efficient

system of public schools, the organization of the Commonwealth's

public school systems must advance the pursuit of academic

achievement and the prudent use of taxpayer resources.

(2)  During the last reorganization of the Commonwealth's

school districts in the 1960s, the General Assembly created a

"flexible framework and effective and orderly means" for the

occasion, uniquely designed to reduce the number of school

districts in that specific period.

(3)  At that time, the General Assembly also explicitly

recognized that its framework for the reorganization of school

districts would not provide a permanent solution to the

organizational challenge of providing a thorough and efficient

education: "The improvements in the educational system hereby

obtained are not to be construed as a final resolution of

organizational problems."

(4)  In the present day, only ten (10) states in the nation

have more school districts than Pennsylvania, while many of the

highest-achieving states are organized into far fewer school

districts in order to achieve greater efficiency and improve the

delivery of educational services.

(5)  More than forty percent (40%) of Pennsylvania's school

districts currently educate fewer than 2,000 students, and more

than eighty percent (80%) of school districts educate fewer than

five thousand (5,000) students, requiring significant

bureaucracy while raising questions about the diversity of

courses offered to students.

(6)  Reducing the number of school districts may not

necessitate the closure of individual schools but could instead

improve the effectiveness and efficiency of public education

through other means.

(b)  (1)  A commission is hereby established to recommend

plans for the reorganization of Pennsylvania school districts.

(2)  The commission shall be made up of the following

members:

(i)  The chairman and minority chairman of the Education

Committee of the Senate and the chairman and minority chairman

of the Education Committee of the House of Representatives.

(ii)  One member of the Senate appointed by the Majority

Leader of the Senate.

(iii)  One member of the Senate appointed by the Minority

Leader of the Senate.

(iv)  One member of the House of Representatives appointed by

the Majority Leader of the House of Representatives.

(v)  One member of the House of Representatives appointed by

the Minority Leader of the House of Representatives.

(vi)  The Secretary of Education.

(vii)  The Chairman of the State Board of Education.

(viii)  Five members appointed by the Governor as follows:

(A)  One representative of members of boards of school

directors from a list of three members of boards of school

directors recommended by the Pennsylvania School Boards

Association.

(B)  One representative of school administrators from a list

of three school administrators recommended by the Pennsylvania

Association of School Administrators.

(C)  One representative of parents of students who attend a

public school in a school district.

(D)  One representative of business from a list of three

business owners recommended by the Pennsylvania Economy League.

(E)  One representative of certificated school teachers from

a list of three certificated school teachers jointly recommended

by the Pennsylvania State Education Association and the American

Federation of Teachers Pennsylvania.

(3)  Members of the commission shall be appointed within

forty-five (45) days of the effective date of this section. Any

vacancy on the commission shall be filled by the original

appointing officer.

(4)  The Secretary of Education shall serve as chairman of

the commission. The organizational meeting shall take place no

later than ninety (90) days following the effective date of this

section and shall be convened by the Secretary of Education.

(5)  The commission shall hold meetings at the call of the

chairman. The commission shall hold no fewer than ten (10)

public hearings at locations throughout this Commonwealth. The

commission shall be subject to 65 Pa.C.S. Ch.7 (relating to open

meetings) and the act of February 14, 2008 (P.L.6, No.3), known

as the "Right-to-Know Law." All meetings and public hearings of

the commission shall be deemed public meetings for the purpose

of 65 Pa.C.S. Ch.7.

(6)  A plan for reorganization shall include the following

recommendations:

(i)  A schedule for implementation of the plan for school

consolidation not to exceed five (5) years from the date of

final approval under subsection (g) or (h).

(ii)  Proposed draft legislation to address:

(A)  duties during the consolidation transition period,

including the duties of incumbent directors of school districts; 

(B)  the property, indebtedness and rental obligations of

former school districts; and

(C)  any recommended amendments to existing provisions of

this act for consistent implementation of the plan.

(c)  Any plan adopted by the commission shall achieve the

following criteria:

(1)  The optimal school district enrollment shall be

consistent with the ability to maximize student achievement and

to achieve economies of scale with regard to operational

efficiency.

(2)  New school district boundaries shall take into account

existing county, intermediate unit, school district, city,

township, borough or incorporated town boundaries in order to

avoid the division of municipal or administrative entities to

the greatest extent possible.

(3)  Population density shall be considered in ensuring that

no school district is so geographically dispersed that

administration by a single superintendent is not feasible.

(4)  The plan shall include the date on which the new school

districts will be established and a method by which interim

operating committees will be selected until such time as

municipal elections are held to elect boards of school directors

for any school district whose boundaries change as a result of

an approved plan.

(5)  The plan shall focus on adjusting school district

boundaries for maximizing student achievement and achieving

economies of scale in school districts with a school district

enrollment that is equal to or less than three times the optimal

school district enrollment.

(6)  Where possible, consideration shall be given to

establishing school district boundaries to maximize the

availability of safe pedestrian routes of travel to and from

school buildings for school students.

(d)  No later than one (1) year after the date of the first

meeting of the commission, the commission shall, by majority

vote, approve no more than two (2) plans for the reorganization

of the Commonwealth's school districts and shall submit all

approved plans to the General Assembly.

(e)  Within thirty (30) days of approval of a plan under

subsection (d) or (f), the commission shall publish the plan in

the Pennsylvania Bulletin and the plan shall be posted on the

Internet website of the General Assembly and of the Department

of Education. The commission shall hold no fewer than ten (10)

public hearings throughout this Commonwealth and collect public

comment for ninety (90) days following publication of any plan

and, upon completion of the public comment period, shall publish

all public comment in the Pennsylvania Bulletin within thirty

(30) days.

(f)  If the commission does not approve by majority vote at

least one (1) plan for the reorganization of school districts,

the State Board of Education shall hold no fewer than ten (10)

public hearings throughout this Commonwealth and approve a plan

that meets the criteria of subsection (c) within eighteen (18)

months of the date of the first meeting of the commission and

submit the plan to the General Assembly.

(g)  (1)  The General Assembly shall vote by concurrent

resolution without amendment to approve or reject a plan

approved under subsection (d) or (f) within six (6) months of

publication of public comment in the Pennsylvania Bulletin

pursuant to subsection (e). If two (2) plans are approved under

subsection (d), approval of a plan by the General Assembly shall

prevent consideration of a second plan by the General Assembly.

(2)  If the General Assembly adopts the concurrent resolution

by a majority vote in both the Senate and the House of

Representatives, the concurrent resolution shall be presented to

the Governor in accordance with section 9 of Article III of the

Constitution of Pennsylvania. If the Governor does not return

the concurrent resolution to the General Assembly within ten

(10) calendar days after it is presented, the Governor shall be

deemed to have approved the concurrent resolution. If the

Governor vetoes the concurrent resolution, the General Assembly

may override that veto by a two-thirds vote in each house.

The Senate and the House of Representatives shall each have

thirty (30) calendar days or ten (10) legislative days,

whichever is longer, to override the veto.

(3)  If the concurrent resolution is approved or deemed

approved by the Governor or if the General Assembly overrides a

veto of the concurrent resolution as provided under clause (2),

the State Board of Education shall promulgate by regulation a

plan implementing the provisions of the plan for the

reorganization of school districts as contained in the

concurrent resolution.

(h)  (1)  Notwithstanding any other provision of law, if the

General Assembly rejects all plans for the reorganization of

school districts under subsection (g) or if the General Assembly

does not vote on any plan, the State Board of Education shall

have the duty and its responsibility shall be to develop and

promulgate by regulation a plan for the reorganization of school

districts and the implementation of new boundaries that meets

the criteria of subsection (c).

(2)  In developing and promulgating a plan under this

subsection, the State Board of Education shall not utilize in

its entirety, or substantially in its entirety, any plan

rejected by the General Assembly, although the State Board of

Education may utilize portions of any plan that was rejected by

the General Assembly in the development and promulgation of the

plan.

(i)  (1)  The Department of Education shall implement the

plan that receives final approval under subsection (g) or (h).

If the plan receives final approval under subsection (g),

implementation of the plan shall comply with the recommended

schedule for implementation contained in the plan. If the plan

receives final approval under subsection (h), the time period

for implementation of the plan shall not exceed a five-year

period from the date of the final approval under subsection (h).

(2)  A plan that receives final approval under subsection (g)

or (h) shall take effect for the beginning of the school year

immediately following either the completion of the

implementation schedule as contained in a plan that receives

final approval under subsection (g) or the five-year period from

the date of final approval for a plan that receives final

approval under subsection (h).

(j)  Section 224 shall not apply to the establishment of

school district boundaries under this section.

(k)  (1)  The commission may employ or contract with

technical and clerical staff as it deems necessary to carry out

its responsibilities under this section.

(2)  The Department of Education shall provide administrative

support, office space and any other assistance required by the

commission to carry out its duties under this section.

(3)  Whenever possible, the commission shall utilize the

services and expertise of existing personnel and staff of State

government and to this end the Governor, the President pro

tempore of the Senate and the Minority Leader of the Senate and

the Speaker of the House of Representatives and the Minority

Leader of the House of Representatives shall make such personnel

and staff available to the commission to the fullest extent

commensurate with the performance of their other duties.

(l)  A plan approved under subsection (d) or (f) shall be

subject to section 204(b) of October 15, 1980 (P.L.950, No.164),

known as the "Commonwealth Attorneys Act," and shall not be

subject to review pursuant to the act of June 25, 1982 (P.L.633,

No.181), known as the "Regulatory Review Act," or the act of

July 31, 1968 (P.L.769, No.240), known as the "Commonwealth

Documents Law."

(m)  This section shall not apply to school districts of the

first class.

Section 2.  This act shall take effect immediately.