Pennsylvania Statutes Title 24 P.S. Education § 2-228. Approval or disapproval of creation or change of third or fourth class districts

(a) If the newly created city, borough, or township, or independent school district, or union school district, or the part of a school district remaining after the separation would constitute a school district of the third or fourth class, the receipt of said certified copy shall be deemed an application for the creation of a new school district of the third or fourth class or change in the boundaries of an existing school district of the third or fourth class, and the Superintendent of Public Instruction   1 shall, within sixty days thereafter, notify the school districts, which will be affected that an application has been received and that a time and place for hearing the application will be determined upon receipt of request from any such district.  If no such request is filed within thirty days, the Department of Public Instruction may certify approval of the application without a hearing.  At the hearing, if one is requested, the proper officials of or the counsel for the districts shall present to the council, or its designated representative, the reasons for approval or disapproval of the application, and the council shall then determine whether such new school district, or independent school district, or union school district, or change in the boundaries of an existing school district of the third or fourth class, is desirable, and whether the welfare of the pupils within the territory affected thereby will be promoted by the creation of such district or change in the boundaries of such existing district.

(b) If the council shall approve such application, it shall certify its findings and its approval of such new district or change in such existing district thereon, and transmit a certified copy thereof to the clerk of the courts or other proper officer from whom the application was received, who shall file the same in such original proceedings, whereupon unless an appeal is filed with the State Board of Education the new city, borough, or township will become a new school district of the third or fourth class, or the school district of the third or fourth class remaining after such annexation shall constitute a separate school district as so changed.

(c) If, in the judgment of the council, the application should not be granted, it shall endorse thereon “not approved,” and transmit a certified copy thereof to the clerk of the courts or other proper officer from whom the application was received, who shall file the same in the original proceedings.  In such event, if no appeal to the State Board of Education is filed within ninety days, the action of the council is final and the boundaries of the existing school district shall remain unchanged.  Within ninety days after the decision of the council, ten taxables of any school district affected by the council's decision may appeal to the State Board of Education in which case the board, for cause shown, may vacate such refusal, and may approve the creation of such new district of the third or fourth class or change in boundaries of an existing district of the third or fourth class.  After the elapse of five years from the date of any refusal by the Council of Basic Education to approve an annexation for school purposes, the council shall reconsider its decision upon petition of ten taxables of any school district affected by the council's decision.

1 Now Secretary of Education;  see 71 P.S. §§ 1037, 1038.

Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 2-228. Approval or disapproval of creation or change of third or fourth class districts - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-2-228.html


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