923. When certain independent school districts created by courts of common pleas may be abolished............... 924. When other independent school districts may be abolished. 925. Elections in independent school districts regulated........................................ 435 926. Abolition of independent school districts created by the courts 948. Petition for removal of school directors. Act May 8, 1854, 955. Bond of school district for damages for appropriation of lands... 455 956. Apprenticeship of child by public charitable institution. Act 2. Every township, borough and city a school district.......... 3. Shall elect assessors 4. Consolidated districts. Powers of controllers.......... 5. Terms of directors elected. Courts may increase number to three for each ward. 6. Independent districts. Creation of......... PAGE I 2 2 3 4 4 7. When districts become independent. Powers of new board....... 8. Collection of taxes.. 5 5 17. Population of different classes of cities. First class.. 6 6 18. Second class.......... 19. Third class......... Creation of. 1. The public school system of this state is a creature of the state constitution and the laws passed pursuant to its directions. Mr. Justice Brown says:-"By the constitution of 1790 the people of this commonwealth imposed upon the legislature the positive duty of establishing schools throughout the State for the free education of the poor. The constitutional provision was :-" The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the state, in such manner that the poor may be taught gratis." In carrying out this mandatory direction, the act of March 3rd, 1818, P. L. 124, was passed, entitled "An act to provide for the education of children at public expense within the city and county of Philadelphia." With constantly increasing interest in the education of the young, the legislature, in reflecting public sentiment, from time to time provided for public schools, created school districts, and, finally, by the act of May 8th, 1854, P. L. 617, established a system of common school education for all the counties of the commonwealth. What was first a constitutional requirement, that the legislature should establish schools for the education of the poor"gratis." in time became a universal demand for free education for all classes, and, for years, to thousands of the children of the rich as well as the poor, common schools have been the only colleges. By our present constitution the legislature is to provide for the education of all the children of the commonwealth through "a thorough and efficient system of public schools." A review of constitutional provisions and legislative enactments clearly shows that the state has regarded the education of its children as one of its duties and functions, the performance of which it has as yet delegated to no municipality. Though by the act of 1854 every township, borough and city of the commonwealth is made a separate school district, its affairs are not managed by the township or municipal authorities, but by boards of school directors or controllers elected for that purpose.' Every township, borough and city a school district. 2. A system of common school education be, and the same is hereby deemed, held and taken to be adopted, according to the provisions of this act, in all the counties of this Commonwealth; and every township, borough and city of this Commonwealth, or which shall hereafter be erected, shall constitute and be a school district, subject to the provisions of this act.2 Shall elect assessors. 3. All boroughs and townships now connected in the assessment of county rates and levies, shall hereafter be separate and independent of each other in the assessment of said rates and levies, and for school purposes; and the respective townships and boroughs so separated shall elect their own assessors and other officers, whose duty it shall be to 1 Board of Public Education vs. Ransley, 209 Pa. 51, 1904. exercise the same powers and authority as are now exercised by township assessors generally, and the discharge of their duties in relation to the assessment of county rates and levies.3 Consolidated districts. Powers of controllers. 4. School districts which are composed of cities or boroughs, divided into wards for school purposes, at the time of the passage of this act, shall be constituted as follows, to wit: each ward shall retain its school property, both real and personal, and elect a separate board of directors, who shall exercise in their respective limits all the powers and duties of school directors, as regards the erection or repairing of school houses, and the purchasing, renting or selling of school houses and lots, and shall also levy, assess, collect and disburse in and upon their respective wards, all taxes rendered necessary to the proper exercise of the foregoing powers; but all other powers and duties pertaining to school directors, which are conferred or enjoined by this act, shall be exercised in such city or borough by a board of controllers composed of the directors of the several wards, who are hereby authorized and required to perform all the duties belonging to boards of directors in single districts, with the exception contained in this section: provided, that whenever all the boards of directors in any such city or borough shall voluntarily execute deeds of conveyance to the board of controllers for all the school property belonging to their respective wards, and shall certify the same to the superintendent of common schools, then and in that case, such city or borough shall thereafter compose a single school district, in the same manner as districts not divided into wardsbut the number of directors thereafter elected in such city or borough shall be three for each ward.4 Terms of directors elected. Courts may increase number to three for each ward. 5. When said report shall have been confirmed by the court, it shall at the same time decree the election of an 3 Act May 8th, 1855, sec. 10, P. L. 511. |