Pennsylvania Statutes Title 24 P.S. Education § 3-318. Removal for failure to organize or neglect of duty

If the board of school directors in any district (1) fail to organize as hereafter provided, or (2) refuse or neglect to perform any duty imposed upon it by the provisions of this act relating to school districts, or (3) being a party to a joint board agreement refuse or neglect to perform any duty imposed upon it by the provisions of this act relating to joint boards or by the joint board agreement, any ten resident taxpayers in the district or, in the case of a distressed school district as defined in this act, the special board of control provided for in section 692   1 of this act, may present their or its petition in writing, verified by the oath or affirmation of at least three such resident taxpayers or, in the case of a distressed school district, by the Superintendent of Public Instruction,   2 to the court of common pleas of the county in which such district or the largest part in area is located, setting forth the facts of such refusal or neglect of duty on the part of such school directors.  The court shall grant a rule upon the school directors, returnable in not less than ten or more than twenty days from the date of issue thereof, to show cause why they should not be removed from office.  The school directors shall have at least five days' notice of the granting of the rule.  On or before the return day of the rule the school directors, individually or jointly, shall file in writing their answer or answers to the petition, under oath.  If the facts set forth in the petition, or any material part thereof, is denied, the court shall hear the several parties on such matters as are contained in the petition.  If on such hearing, or if when no answer is filed denying the facts set forth in the petition, the court shall be of the opinion that any duty imposed on the board of school directors, which is by the provisions of this act made mandatory upon them to perform, has not been done or has been neglected by them, the court shall have power to remove the board, or such of its number as in its opinion is proper, and appoint for the unexpired terms other qualified persons in their stead, subject to the provisions of this act.

The court shall impose the cost of such proceedings upon the petitioners, or upon the school directors, or upon the school district, or may apportion the same among them as it shall deem just and proper.

Any person so removed from the office of school director shall not be eligible again as school director for the period of five (5) years thereafter.

1 24 P.S. § 6-692.
2 Now Secretary of Education;  see 71 P.S. §§ 1037, 1038.

Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 3-318. Removal for failure to organize or neglect of duty - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-3-318.html


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