Control Board of the Harrisburg School District v. Board of School Directors

80 Pa. D. & C.4th 539
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedJune 27, 2006
Docketno. 2006 CV 2489
StatusPublished

This text of 80 Pa. D. & C.4th 539 (Control Board of the Harrisburg School District v. Board of School Directors) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Control Board of the Harrisburg School District v. Board of School Directors, 80 Pa. D. & C.4th 539 (Pa. Super. Ct. 2006).

Opinion

CLARK, J„

INTRODUCTION

In order to properly discuss this case, the court must briefly set forth the general historical background of school districts in this Commonwealth, and then con[541]*541trast and compare a “normal” school district with one governed by The Education Empowerment Act (EEA) of 2000, Act of May 10, 2000, P.L. 44, no. 16, §8.1, as amended 24 P.S. §§ 17-1701-B — 17-1716-B, which statute will be discussed at length herein.

Initially, we begin this discussion with acknowledging that the General Assembly has created approximately 500 school districts in this Commonwealth, which districts are for the most part autonomous, and charged with carrying out the General Assembly’s responsibility to implement public education in Pennsylvania. These school districts were governed by boards of school directors who are imbued, inter aila, with Ml taxing power (which is only limited in certain distressed situations, by other legislative enactments), and are permitted to decide the method and manner to spend their tax proceeds for the general purpose of public education in their respective school districts, subject to certain legislative and regulatory requirements and restrictions.

However, it is critical to understand that these school districts and their respective school boards have no inherent, original authority, powers or prerogatives of their own. A school district is a political entity created by the General Assembly, indeed a legislative act of the Sovereign itself, by and through the independent legislative branch of state government. Any and all power vested in a school district comes to it by virtue of staMes enacted by the General Assembly, pursuant to Article III, Section 14 of the Pennsylvania Constitution. This prime constitutional mandate provides, “The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve [542]*542the needs of the Commonwealth.” Pennsylvania Constitution Article III, Section 14.

Thus, it is indisputable and therefore beyond the cavil of legal challenge, that the General Assembly indeed has total legislative control over public education including the manner and method of its implementation in this Commonwealth. Unfortunately, the political realization and acceptance of this most fundamental of constitutional concepts appears to be at the root of at least some of the discord which now plagues the Harrisburg School District, as illustrated by the numerous contentious issues which have been presented to our court for resolution. It is truly unfortunate that the parties, or at least some of them, are unwilling and/or unable to fully acknowledge and understand the situation that now prevails in the school district by virtue of the operation of law in this case. Regrettably, we must begin by stating the obvious to the parties, namely, to wit: in the final analysis, it does not matter if individuals affected by the General Assembly’s statutory enactments agree or disagree with said laws — they are the laws, and must be obeyed and fulfilled by every citizen. Further, we are likewise compelled to state another obvious legal axiom in this case, that is: whatever authority, power or prerogative that the General Assembly may grant to a school district by legislative enactment, it (General Assembly) can just as easily modify, condition or even revoke.

The initial instance of legislative limitations upon school districts, and the concomitant modification, conditioning or revocation of the substantial authority, powers, and prerogatives normally granted to a school district and its elected board of school directors, is found in [543]*543Act no. 675 of December 15,1959, amending the Act of March 10,1949 (P.L. 30), relating to public education in this Commonwealth, 24 P.S. §6-691 et seq. This statute was originally created to reform and assist school boards that were in a severe state of fiscal crisis, with a resultant situation where the school district became so financially “distressed” that it created an intolerable burden upon the citizen taxpayers of such district, while at the same time usually failing to deliver the requisite levels of needed education for the children of the district. This particular statute provided for the revocation of the authority, powers and prerogatives of an elected school board in such a district, and placed those powers, authority and prerogatives in the hands of a specially created body, known as a Special Board of Control.

Similarly, and of more recent vintage, the General Assembly also enacted another statute to reform academically distressed school districts. This legislation is commonly known as the Education Empowerment Act (EEA), supra. This Act was created to reform and assist school districts that were distressed in certain other ways, primarily ones who were in substantial or acute academic distress, and also provided some relief for financial distress issues as well.

The EEA distinguishes between two types of academically distressed school districts. The first type of academically distressed district is one that may be described as a substantially distressed district with a “history of low test performance.” This type of academic distress qualification is met when 50 percent of the students in the district score below the basic level of performance on standardized math and reading tests for the most recent two years for which the scores are available. 24 P.S. §17-1702-B.

[544]*544The second type of academically distressed school district may be described as an acutely distressed district. This type of district is defined as having a “history of extraordinarily low test performance.” This classification is deemed to have occurred when 60 percent or more of the students in the district score below the basic level of performance on standardized math and reading tests for the most recent two years for which the scores are available. 24 P.S. § 17-1702-B. The Harrisburg School District is presently in a posture where it may be properly classified as an acutely distressed district, and it (school district) is therefore subject to the most severe remedial measures mandated by the EEA.

Under the EEA, at section 17-1707-B(a. 1), an acutely distressed district is declared to be an “Empowerment District” if the following special conditions are met: (1) The city in which the school district is located is “a city of the third class that has opted under the ‘Optional Third Class Charter Law’ or 53 Pa.C.S. pt. Ill, subpt. E, to be governed by a mayor-council form of government and which has a population in excess of 45,000,” id.; and, (2) the school district is a “school district of the second class which has a history of extraordinarily low test performance.” Id. (As defined above.)

If a school district meets these acute distress qualifications under section 17-1707-B, then the Secretary of Education of the Commonwealth is required to “immediately certify the school district as an education empowerment district” (i.e., declare that the full provisions of the EEA are now applicable to that school district). Id. Therefore, as soon as a school district qualifies under section 17-1707-B, the secretary, by virtue of the man[545]*545dates of the EEA, is required to immediately transform said school district into an empowerment district.

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Bluebook (online)
80 Pa. D. & C.4th 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/control-board-of-the-harrisburg-school-district-v-board-of-school-pactcompldauphi-2006.