Harrisburg School District et. al v. Charles B. Zogby, Secretary of Education et.al.
789 A.2d 797 (Pa. Comwlth. 2002)

 

Facts of the Case

Act 16 of 2000 (The Education Empowerment Act), which amended the Public School Code of 1949, 24 P.S. 17-1701-B-17-1716-B, permitted the Pennsylvania Secretary of Education to give control of a school district to a Board of Control if the district had a history of low test scores. Section 1707-B of this act (the "Reed Amendment") created as a classification for the Harrisburg School District. In Harrisburg School District v. Hickok , 762 A. 2nd 398 (2000),Commonwealth Court determined that Act 16 violated the Pennsylvania Constitution. The General Assembly then amended Act 16 when it passed Act 91 of 2000 (The School Improvement Statute). The language was changed in 24 P.S. 17-17020B in this amendment. The Harrisburg School District and Individual Petitioners filed a petition challenging theconstitutionality of Act 91 and the Commonwealth of Pennsylvania filed preliminary objections to this petition, which the Commonwealth Court sustained in part and overruled in part. Harrisburg School District v. Hickok, 781 A. 2d 221 (2001). The Individual Petitioners and the Harrisburg School District then filed a motion for judgment against the Secretary of Education, which raised three identical issues that had been raised in prior actions and had been decided in their favor:

Was Act 91 in violation of Article III, Section 32 of the Pennsylvania Constitution?

Did Act 91 violate the equal protection guarantees of the U.S. and PA. Constitution?

Did Act 91 unconstitutionally vest powers in the Mayor of Harrisburg without approval of the Harrisburg voters in violation of Article IX, Section 3 of the PA. Constitution?

Decision of the Court

Commonwealth Court declared Section 1707-B of Act 91 of 2000 to be unconstitutional and enjoined the Commonwealth of Pennsylvania from enforcing Section 1707-B of Act 91 of 2000. The Court also violated the certification by the Secretary of Education of the Harrisburg School District as an Education Empowerment District.

Basis for the Decision

The Court based its decision on Article III, Section 32, and Article IX, Section 3 of the Pennsylvania Constitution. The Court also cited Perkins v. Philadelphia, 156 Pa 539, 27 A. 356 (1893).

 

Michele R. Williamson, June 2002