Bill Text: PA HB138 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for filling of vacancies.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Introduced - Dead) 2011-01-20 - Referred to EDUCATION [HB138 Detail]

Download: Pennsylvania-2011-HB138-Introduced.html

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PRINTER'S NO. 76
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 138 Session of2011
INTRODUCED BY GODSHALL, CALTAGIRONE, CREIGHTON, DeLUCA, MARSHALL, REICHLEY, ROCK AND SCHRODER, JANUARY 20, 2011
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 20, 2011
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 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, amended July 8,
1989 (P.L.253, No.43), 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,
fill such vacancy from the qualified electors of the district
within thirty (30) days thereafter[.]: Provided, That any school
board member, during his term of office, shall not resign and
subsequently be appointed to fill another vacancy existing on
the board until the expiration of the term to which the member
was elected or appointed. 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. 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, 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
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board from the 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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