Hazleton Area School District v. State Board of Education

347 A.2d 324, 21 Pa. Commw. 547, 1975 Pa. Commw. LEXIS 1247
CourtCommonwealth Court of Pennsylvania
DecidedNovember 10, 1975
DocketNo. 122 C.D. 1975
StatusPublished
Cited by2 cases

This text of 347 A.2d 324 (Hazleton Area School District v. State Board of Education) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hazleton Area School District v. State Board of Education, 347 A.2d 324, 21 Pa. Commw. 547, 1975 Pa. Commw. LEXIS 1247 (Pa. Ct. App. 1975).

Opinion

Opinion by

Judge Mencer,

Hazleton Area School District is a school district of the second class located in the southern portion of Luzerne County and contains within its boundaries portions of Carbon and Schuylkill Counties. It encompasses six boroughs, nine townships, and the City of Hazleton. This school district was reorganized to contain its present [549]*549complement of municipalities on July 1, 1966 as part of a statewide reorganization of school districts.

On May 28, 1974, the Board of School Directors of the Hazleton Area School District adopted a resolution to take all necessary steps to reorganize the school district into smaller administrative units. This resolution resulted because the members of the Board believed that such a reorganization would accelerate the progress of education in the school district and better meet the needs of the students.

Pursuant to this resolution, the directors developed various proposed reorganization plans which were submitted to the defendants. On November 21, 1974, the Secretary of Education advised the school district that neither the State Board of Education nor the Department of Education had any statutory authority to effectuate the proposed school district reorganization and therefore there would be no consideration given or action taken on the submitted proposal for reorganization.

On January 28, 1975, Hazleton Area School District and two taxpayers’ associations, Valley Educational Fund Association and Hazleton Taxpayers’ Association, filed a complaint in equity in this Court, in which the State Board of Education, the Department of Education, and the Secretary of Education for the Commonwealth are the defendants.

The plaintiffs’ complaint seeks to have this Court order the defendants to accept and administratively act upon the reorganization proposals submitted by the school district or, if it is determined that the defendants lack the requisite authority to presently reorganize school districts, to have this Court proceed to accomplish the desired reorganization. The defendants have filed preliminary objections and demurred to the allegations in the complaint.

A concise summary of the pertinent school reorganization legislation is set forth in Hoots v. Commonwealth [550]*550of Pennsylvania, 359 F. Supp. 807, 811-12 (W.D. Pa. 1973), as follows:

“During the 1960’s the Pennsylvania Legislature on three occasions enacted legislation to reorganize the administrative units (i.e. school districts) in Pennsylvania’s public school systems.
“(a) The first Act — the Act of September 12, 1961, P. L. 1283, No. 561, 24 P.S. §2-281 et seq. (Act 561) — directed each county board of school directors to prepare on or before January 1, 1963 a plan of organization of administrative units for the County for review by the State Council of Education. 24 P.S. §§2-282, 2-283.
“ (b) Act 561 was superseded by the Act of August 8, 1963, P. L. 564, No. 299, 24 P.S. §2-290 et seq. (Act 299). Act 299 directed each county board of school directors to prepare on or before July 1, 1964 a plan or organization of administrative units for the county and directed the State Council of Basic Education to review organization plans prepared by the county boards and to approve such plans as it deemed wise in the best interest of the educational system of the Commonwealth, provided that these plans met certain requirements specified in Act 299. 24 P.S. §§2-292, 2-293. In preparing reorganization plans pursuant to Act 299, the county boards were not bound by any proposals contained in reorganization plans prepared pursuant to Act 561, 24 P.S. §2-292. In dealing with school districts which had previously entered into a written agreement for the establishment of a joint school or department, however, the county boards were prohibited from proposing any administrative units which in whole or in part comprised less than all of the school districts joined by such agreement. 24 P.S. §2-292.
“(c) Act 299 was superseded by the Act of July 8, 1968, P. L. 299, No. 150, 24 P.S. §2400.1 et seq. [551]*551(Act 150). Act 150 directed each county board of education to prepare within 90 days a plan of organization of administrative units limited to those school districts within the county which were not in an administrative unit established as a school district under Act 299. 24 P.S. §2400.2.
“Acts 299 and 150 both provided for the plan of organization of administrative units to conform to standards for approval of administrative units adopted by the State Board and directed the State Board to prepare such standards, taking into account the following factors: topography, pupil population, community characteristics, transportation of pupils, use of existing buildings, existing administrative units, potential population changes and the capability of providing a comprehensive plan of education. 24 P.S. §§2400.1 and 2400.2; 24 P.S. §§2-291 and 2-292. Both Acts also provided that no plan of organization of administrative units should include any proposed school district with a pupil population of less than 4000 unless the factors listed above were considered by the State Board (or Council of Basic Education) as requiring approval of a plan in which any district contained a pupil population of less than 4000. 24 P.S. §2400.3, 24 P.S. §2-293.”

Our consideration here centers on the provisions of Act 299 under which the plaintiff school district was reorganized. Section 290 of the Public School Code of 1949, Act of March 10, 1949, P. L. 30, as amended, added by Section 3 of the Act of August 8, 1963, P. L. 564 (Act 299), 24 P.S. §2-290, was designated as the purpose section and, because of its direct bearing on plaintiffs’ contentions, is set forth in full:

“The purpose of this subdivision is to provide a flexible framework and effective and orderly means whereby the administrative units of the Commonwealth’s public school system can be expeditiously [552]*552reorganized. While deeply impressed with the continuous dedicated responsibility exercised over the last century by the citizenry through their local boards of school directors, the General Assembly must also be cognizant of the responsibility placed upon it by Article X., section 1 of the Constitution of Pennsylvania which requires in part, that 'The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools, wherein all the children of the Commonwealth above the age of six years may be educated....’ As the evidence demonstrates beyond reasonable dispute that the present administrative system of more than two thousand (2,000) school districts is incapable of providing adequate education and appropriate training for all of the children of the Commonwealth above the age of six, the General Assembly hereby renews its dedication to its responsibility of providing a thorough and efficient system of public schools within the Commonwealth.

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Related

Hazleton Area School District v. State Board of Education
364 A.2d 660 (Supreme Court of Pennsylvania, 1976)
Hazleton Area Sch. Dist. v. State Bd. of Ed.
364 A.2d 660 (Supreme Court of Pennsylvania, 1976)

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347 A.2d 324, 21 Pa. Commw. 547, 1975 Pa. Commw. LEXIS 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hazleton-area-school-district-v-state-board-of-education-pacommwct-1975.