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Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 13218. Grant of powers and authority

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Any city of the first class taking advantage of this act and framing and adopting provisions hereunder shall have, and may exercise, the following enumerated powers:

(1) The power to establish and create a separate and independent home rule school district, to be named: “The School District of ․․․․․․․․․․․․ (name of the city of the first class) ․․․․․․․․․․․․”; such home rule school district to:

(i) succeed directly the school district for all purposes, including but not limited to, the receipt of all grants, gifts,  1 appropriations, subsidies or other payments; such school district to continue its operation until the effective date of the charter provisions establishing the home rule school district;

(ii) assume all assets, property, real and personal, tangible and intangible, all easements and all evidences of ownership in part or in whole, and all records, and other evidences pertaining thereto; and

(iii) assume all debt and other contractual obligations of the school district, such long term debt to be issued, secured and retired in the manner now provided by law.

(2) The power to provide for a board of education of such home rule school district, which shall be charged with the administration, management and operation of such home rule school district.

(3) The power to set the term, number and qualifications of board of education members; to provide for the methods of nomination, such to include a citizens' nominating panel, if deemed advisable; and either to provide for a method of appointment, in such case such power shall include the designation of the appointing authority, or to provide for a method of election.

(4) Such implied powers as are necessary to carry into effect the express powers set forth in this section.

(b) Any board of education established pursuant to this act may enact by-laws, resolutions, rules and regulations necessary and proper to carry into execution the foregoing powers and all other powers vested in the board of education by the “Public School Code of 1949.”  2

(c) The commission may investigate and make findings on all aspects of the organization and administration of such home rule school district, including the method by which local taxes for schools are authorized and levied: Provided, however, That if such findings involve matters not within the purview of those subjects proper for charter provisions by reason of clauses (1) through (4) of subsection (a) of this section, they shall have a status no greater than that of recommendations.

1 “gift” in original.
2 24 P.S. § 1-101 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 13218. Grant of powers and authority - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-53-ps-municipal-and-quasimunicipal-corporations/pa-st-sect-53-13218/

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