24 Pa. Stat. § 6-692

Current through P.A. Acts 2023-32
Section 6-692 - [Second of two versions] Special board of control; petition; appointments

Whenever on the basis of a proper investigation as herein provided for, the Secretary of Education has declared a school district of the first class A, second class, third class or fourth class to be a distressed school district under section 691(a) , he or his designated representative who shall be a person trained in public school administration, possessing the certification prerequisites demanded of a district or assistant superintendent, or holding in the Department of Education the rank of Deputy Secretary, shall petition the court of common pleas of the county in which such district, or the largest part in area, is located to appoint two citizens who shall be qualified electors and taxpayers in the county in which the school district is located. School directors and employes of any such school district shall be ineligible for appointment by the court. The appointees, together with the designated representative of the Secretary of Education, shall constitute a special board of control and shall serve for terms of five years. No member of the board may be removed from office during a term, except that the Secretary of Education may upon clear and convincing evidence of malfeasance or misfeasance in office remove a member prior to the expiration of the term. Before a member of the board is removed, that member must be provided with a written statement of the reasons for removal and an opportunity for a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). Vacancies occurring because of death, removal or resignation of members of the board shall be filled within thirty (30) days of the creation of the vacancy in the manner in which that position was originally filled. A member of the board shall hold office until a successor is appointed and qualified. The special board of control shall assume control of the affairs of the district and operate it in the place of the school directors during the period necessary to reestablish a sound financial structure in the district. The costs of the court proceedings shall be paid by the Department of Education.

24 P.S. § 6-692

1949, March 10, P.L. 30, art. VI, § 692, added 1959, Dec. 15, P.L. 1842, No. 675, § 2. Amended 1963, July 31, P.L. 407, § 2; 1970, Jan. 14, P.L. (1969) 468, § 15; 1970, May 4, P.L. 326, No. 103, § 1; 2002, Dec. 9, P.L. 1472, No. 187, § 1, imd. effective.