In re Central Bucks School District

23 Pa. D. & C.4th 53, 1995 Pa. Dist. & Cnty. Dec. LEXIS 184
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJanuary 25, 1995
Docketno. 94-7705-18-6
StatusPublished
Cited by1 cases

This text of 23 Pa. D. & C.4th 53 (In re Central Bucks School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Central Bucks School District, 23 Pa. D. & C.4th 53, 1995 Pa. Dist. & Cnty. Dec. LEXIS 184 (Pa. Super. Ct. 1995).

Opinion

RUFE, J., J,

We have before us for consideration the petition of the Central Bucks School District for approval of its plan for redistricting. A hearing was held in open court on December 19, 1994. At that time, the plan of the district was submitted for approval.

Objections to the district plan came from four sources. Two citizen taxpayers presented their own plans, each suggesting a more equal population distribution among the nine regions comprising the school district. Those [55]*55alternative plans were submitted by (1) Charles C. Wiberley of 91 Westaway Lane, Warrington; and (2) Cinda Haas, 1054 Regan Court, Warrington. Because each of the two alternate submissions by the above named individuals was submitted in his and her name only, and not as the representative of electors equal to 25 percent of the highest vote cast for any school director in the last municipal election, the school district timely objected to the submission of those alternative redistricting plans.

The statute in question, 24 P.S. §3-303(b)(2) provides as follows:

“(2) Electors equal to at least 25 per centum of the highest vote cast for any school director in the last municipal election may develop a plan to elect school directors from regions or to elect some school directors from regions and some from the school district at large. Plans proposed by electors shall be subject to the same requirements as plans proposed by the board of school directors.”

The only pertinent reference to the section in question which we have found is in Petition of the Board of Directors of the Hazleton Area School District, 107 Pa. Commw. 110, 527 A.2d 1091 (1987). Therein, the Commonwealth Court opined:

“We did not intend to suggest, however, that the association be foreclosed' from submitting its own plan, provided it meets the statutory qualifications to do so as set forth in section 303(b)(2) of the School Code, 24 P.S. §3-303(b)(2). Our impression from the oral arguments in this case is that the district most vehemently opposes the submission of any other plan to the trial court. It would seem to us, however, that a presentation [56]*56of more than one plan to the trial court would not be detrimental to the public’s interest.” Id. at 116, 527 A.2d at 1094.

Although we doubted, at the time of the hearing, that the individuals were entitled, under the statute, to submit alternative redistricting plans, we declined to exclude the individuals from participating and informally granted them party status by allowing full participation.

Objection to the school district’s redistricting plan was also voiced by two constituent municipalities, New Britain Township and Buckingham Township.

New Britain Township expressed two reasons for its opposition:

“(1) Prior to the new plan, the entire township had been in one district, and the expressed view of the board of supervisors of the township is that the township continue to have its own region within the school district for election of a school board member;

“(2) Two election districts of the township (west one and west two) vote at the same polling place; election day workers for two school board vacancies instead of one vacancy could cause additional congestion or confusion at the polling place.”

Buckingham Township, through the testimony of its Township Manager, Beverly Curtin, opposed the school district’s redistricting plan because the school district’s plan was based on 1990 census figures, whereas the township believed the numbers did not adequately reflect rapid residential growth and development to the present time. Mrs. Curtin estimates current Buckingham Township population to be 13,542, an estimate based on the issuance [57]*57of new building permits since 1990, whereas the 1990 census reflected a township population of9,364. The township therefore felt the numbers used by the school district should have been reworked. Notably, Buckingham Township did not submit its own plan, nor did it adopt New Britain Township’s position of keeping the township intact, or assuring at least one township resident would be a school board member at all times. Nor was the township population estimate based on anything other than the issuance of building permits plus general observations about development.

Existing case law has noted three criteria which must be complied with when school districts seek to be redistricted pursuant to changes in population within the district: 1) that the population of each region shall be as nearly equal as possible; 2) that the boundaries be compatible with the boundaries of election districts; and 3) when the district crosses county lines, the region shall be composed of contiguous election districts. Hazleton, supra at 112, 527 A.2d at 1092.

We need not be concerned with the third criteria, since the entire school district lies within Bucks County. We do not believe that the legislature meant to require the districts to be perfectly equal in population. Hence, we scrutinize the school district’s proposed plan to see if it substantially complies with the criteria mandated by the legislature. We find that it does. Taking the figures provided by the Bucks County Planning Commission from the United States 1990 census, the total population of the district is 73,005. While another census could have been conducted to establish the populations by voting district, for the entire school district, none has been per[58]*58formed. We will not rely on figures obtained as the result of estimate, speculation, “general knowledge” or interpolation. Therefore, we believe there are no figures from which to work other than from the 1990 federal census.

From those census figures establishing a total population of 73,005, raw division into nine districts as mandated produces an average population per region of 8,112. The school district’s nine regions range from a population high of 9,124 (1,012 above average) to a population low of 7,092 (1,020 below average). Thus the largest district is 12.47 percent above average, the smallest district is 12.57 percent below average, and the total deviation from largest to smallest is 25.04 percent from the average. In other cases, courts have held that a population deviation greater than 16 percent did not invalidate a school district reapportionment plan (Hazleton, supra); that a population variation from 1,625 in the smallest to 3,378 in the largest did not violate the principle of “one man-one vote.” Chichester School District Division Case, 210 Pa. Super. 426, 234 A.2d 187 (1967); and that a division into three districts of 7,000, 6,100 and 7,261 (total variation of over 17 percent) satisfied constitutional principals. Spring-Ford Area School District Division Case, 210 Pa. Super. 338, 234 A.2d 184 (1967).

On the other hand, a disparity of almost four to one between the largest and the smallest of three districts was disapproved. Matter of the Establishment of Representation of the Cameron County School Board by Nine Directors Elected at Large, 71 Pa. Commw. 603,

Related

In re Petition to Realign Regional Election Districts in Pennsbury School District
79 A.3d 1218 (Commonwealth Court of Pennsylvania, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
23 Pa. D. & C.4th 53, 1995 Pa. Dist. & Cnty. Dec. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-central-bucks-school-district-pactcomplbucks-1995.