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Basis of computation.
Change of district to another class.
Section 102. Each school district having a population of five hundred thousand (500,000), or more, shall be a school district of the first class.
Section 103. Each school district having a population of thirty thousand (30,000), or more, but of less than five hundred thousand (500,000), shall be a school district of the second class.
Section 104. Each school district having a popula. tion of five thousand (5,000), or more, but of less than thirty thousand (30,000), shall be a school district of the third class.
Section 105. Each school district having a population of less than five thousand (5,000), shall be a school district of the fourth class.
Section 106. The last United States census, as set forth in the official report thereof, shall be the basis on which the population of the several school districts shall be computed, and no change shall be made from one class of school districts to another except after the taking of a United States census, showing the population of any school district to be such as to entitle it to be changed from one class of school districts to another.
Section 107. After the taking of each United States census, the Superintendent of Public Instruction shall canvass the same so far as it relates to the population of the several school districts in this Commonwealth, and if it appears that the population of any school district in this Commonwealth, by such census, is such that it should be included in another class of school districts, the Superintendent of Public Instruction shall issue a certificate to such district to that effect, and such school district shall with the beginning of the first school year after such certificate is issued, become a school district of the class to which it properly belongs.
Section 108. From and after the beginning of the first school year, as herein provided for the school districts herein established, all independent school districts as they now exist shall be abolished, and the lands comprising the same shall revert to the school districts hereby established in which they are located, and all land heretofore taken from one school district and annexed to another, whether by act of Assembly or order of court, or otherwise, be and hereby is made a part of the school district hereby established in which such land is located, so that the boundary lines of the several school districts as established by this act shall be conterminous with the boundary lines of the several cities, incorporated towns, boroughs, and townships in this Commonwealth, as they then exist or may hereafter be created, changed, or extended: Provided, That independent school districts may be created as hereinafter provided.
Independent districts abolished.
change goes into
Section 109. If any new school district is made by Time when the creation of any city, borough, township, or inde effect. pendent school district, or if the boundary lines of any school district are changed, by reason of the changing of the boundary lines of any city, incorporated town, borough, township, or independent school district, then, in such case, such change, so far as it relates to school districts or school atfairs, shall take effect at the beginning of the first school year after such new city, borough, township, or independent school district has been created, or such change in boundary lines permanently effected.
Section 110. Where any independent school district Where districts is abolished and its land reverts to two or more school consolidated. districts, or where any land heretofore annexed to one school district is made a part of the district in which it is located, or where a new district is made by the creation of a new city, borough, township, or independent school district, out of one or more school districts, or where the boundary lines of any district are changed by the changing of the boundary lines of any city, incorporated town, borough, township or inde. pendent school district, then, in any such case, the school districts to which land has been annexed or from which land has been taken, or which have been newly created, shall make a just and proper adjustment A and apportionment of all school property, real and upportlopment of personal, including funds, as well as indebtedness, if debtedness. any, to and among such school districts. The indebtedness of any independent school district hereby abolished, whose land is wholly within the boundaries of any school district hereby established, shall be assumed and paid and all its personal property acquired by such school district.
Section 111. In making such adjustment and appor. Method of tionment of property and indebtedness, the amount adjustment. and assessed value of land acquired by or taken from such districts, as compared with the amount and assessed value of the other land in the districts, as well as the value of the school grounds, together with the buildings thereon, and the furniture and equipment therein, and other school property in such districts, shall be taken into consideration in making such adjustment of the amount, if any, that shall be paid by one district to another, or in the apportionment of the indebtedness, if any, that shall be assumed and paid by any of said districts. Such adjustment and appor- School directors tionment of property and liability shall be made by the boards of school directors of the several districts concerned, before or during the first school year after such boundaries have been changed.
Section 112. In case the boards of school directors When directors of said several school districts cannot make such ami- cannot agree. cable apportionment and adjustment of their property
property and in
Petition to court.
Court to appoint commissioners.
Who shall report to the court.
Commissioners shall give notice of filing of report.
and indebtedness, in compliance with this act, before or during the first school year beginning after any such change in their boundary lines is made, then, in that case, any one of such school districts may, at any time within the succeeding school year, present its proper petition to the court of common pleas of the county in which such school district is located; whereupon the said court shall appoint three disinterested commissioners, residents and taxpayers of said county, not residing in either of the districts whose boundary lines are changed, who, after a hearing, due notice of which shall be given to the several districts interested, as the court may direct, shall make a report to the court, making an apportionment and adjustment, according to the provisions of this act, of all school property, as well as indebtedness, if any, to and among the several school districts from which or to which land has been taken or added, or newly created, as the case may be; said report to state the amount, if any, that shall be due and payable from one district to another, as well as the amount of indebtedness, if any, that shall be assumed by any district.
Section 113. The aforesaid commissioners shall give the several districts interested at least five days' notice of the filing of their report, and unless exceptions are filed thereto by any district interested within thirty (30) days after the filing thereof, the same shall be confirmed by the court absolutely; and any sum awarded by said report to any school district shall be a legal and valid claim in its favor against the school district charged therewith ; and the amount of debt, if any, apportioned to any school district shall be a legal and valid claim against such district charged therewith; and upon such report being confirmed, such claim or indebtedness charged against any school district may be collected in the same manner as a judgment is collected against any school district. Such commissioners shall be allowed three dollars ($3.00) per day for each day actually spent by them in the performance of their duties, together with their actual necessary expenses. All costs and expenses of such proceedings shall be apportioned by the court, to and among the several school districts, as it shall deem proper.
Section 114. In case exceptions are filed to the report of such commissioners, the court shall dispose of the same, taking testimony therein, if it deems advisable, and the decision of the court thereon shall be final and binding on the several districts, without any right of appeal.
Section 115. In cases in which such districts are situated in two or more counties, the court of common pleas of the county in which the largest part in area of the land annexed to or taken from any district is
Compensation of commissioners.
Costs and expenses.
In case exceptions are filed to report.
Where districts are situated in two or more counties.
Creation of new
op ho be include desire et or would
situated, shall have exclusive jurisdiction over the matter, and in such case the court may appoint the commissioners, hereinbefore provided for, from any. one or all of such counties.
Section 116. Whenever a new school district is or created by the creation of a new city, borough, town- district. ship, or independent school district, the clerk of the courts, or other proper officer, shall, within ten days thereafter, make a certified copy of the decree or order creating such new city, borough, township, or independent school district, and mail the same to the Superintendent of Public Instruction. Section 117. After the approval of this act, a ma- Petition to es
tablish independjority of the taxable inhabitants of any contiguous ent district. territory in any school district or school districts, as herein established, may present their petition to the court of common pleas of the county in which such contiguous territory, or a greater part in area thereof, is situated, asking that such territory shall be established as an independent school district, which petition shall set forth a proper description of the boundaries of the territory to be included in such proposed independent school district, and the desire of the petitioners for better school facilities than are or would be provided and maintained by the district or districts of which such proposed independent school district is a part; whereupon said court, after a hearing, of which hearing the school district or districts out of whose territory such proposed independent school district is to be taken shall have ten (10) days' notice, after taking into consideration the welfare of the pupils and taxpayers of such school district or school districts, as well as of such proposed independent school district, may make a decree establishing an independent school district and fix the boundaries thereof, which may be more or less than those set forth in such petition. Where the territory described in any such petition is to be taken from two or more school districts, such petition shall be signed by a majority of all the taxable inhabitants of the part of each school district which is to be included in such independent district. The said court shall also determine the amount, if any, of the indebtedness of the school district, from whose territory such independent district is taken, that it shall assume and pay: Provided, That in case any such independent district so created shall include the territory of any former independent school district abolished by this act, having any indebtedness, such indebtedness shall be assumed and paid by such newly created independent school district. Any independent district thus created shall belong to the class of school districts herein provided to which it is entitled to belong by its population, as determined by the last United States census.
Costs and fees.
All districts are vested as bodies corporate.
In all cases where such proceedings result in the creation, by decree of the court, of a new school district, the costs and office fees shall be paid by said new district; but, if otherwise, said costs and office fees shall be paid by the petitioners themselves.
Section 118. Any independent school district, established as herein provided, may be abolished at any time by the court of common pleas of the county, in which its school buildings are located, on the petition of its board of school directors, or on the petition of a majority of the resident taxpayers therein, after hearing, of which due notice shall be given, as the court may direct, to the school district or districts to which its lands would revert; and when so abolished, the territory thereof shall become a part of and belong to the several school districts within whose boundaries the same is situated, and its property and indebtedness, if any, shall be apportioned among them as hereinbefore provided.
Section 119. The several school districts in this Commonwealth, established by this act, shall be and hereby are vested, as bodies corporate, with all necessary powers to enable them to carry out the provisions of this act.
Section 120. From and after the beginning of the first school year following the approval of this act, all the public school property in this Commonwealth, real, personal, or mixed, now held, owned, or possessed by any school district, sub-school district, or ward school district therein, or that may be held, owned, or possessed by any municipality, for the use of any school district or for school purposes, is hereby transferred and assigned to, and shall be owned by and vested in, the proper school district established by this act within whose boundaries such property is situated, except as herein provided, subject to all the trusts, conditions, and liabilities legally applicable thereto. And each school district hereby established shall succeed to and shall assume and pay all the rights, liabilities, and indebtedness of the school district or districts, sub-school districts or ward school districts, within its boundaries, including any and all indebtedness that may have been created or incurred as school indebtedness by any municipality subject to the provisions of this act, for or on account of any such school district or for school purposes, with the benefit of application of the amount of any and all sinking-funds in connection with such indebtedness, to such extent as such sinking-funds shall exist at the time herein fixed as that of the as. sumption or payment as said indebtedness: Provided, That where any joint schools have heretofore been established, or may hereafter be established, by any two or more school districts, the property of such joint schools shall be held, owned, or occupied by the school