Officers of a school board include a president, vice president, treasurer and secretary. By law, all school boards organize annually during the first week of December. At this meeting, a president and vice president are elected to serve one-year terms of office. A treasurer, however, is elected in May to serve a one-year term that begins the first day of July. Every fourth year in May, the board elects a school board secretary whose four-year term of office also begins July 1.

Each school district is assigned to an intermediate unit established to administer programs of services for the assigned districts, and which is operated by a governing board composed of school directors from the boards of the school districts that make up the intermediate unit. IU board members are elected by all of the the school directors of the constituent school districts to serve three-year terms and may be re-elected without limitation, so long as they remain in office as local school board members.

Most school districts also participate along with other districts in a jointly operated career and technical center (CTC) (aka “area vocational technical school”) that is governed by a type of school board referred to as a “joint operating committee” (JOC), composed of school directors designated by the boards of participating districts. District school boards elect their representatives to a JOC in December, to serve three-year terms that are staggered as specified in the joint operating agreement for the CTC. Some CTCs do not have a JOC because they are administered by an IU or by a single school district, in which case the board of that IU or district performs the functions of a JOC.

School board members in Pennsylvania are elected public officials. School directors are elected every other year in what Pennsylvania’s “Election Code” calls the “municipal election,” which occurs in November of odd-numbered years. The terms of office of school directors begin and end on the first Monday of December following that election.

The School Code provides that in each school district, nine school directors are elected for four-year terms, with five to be elected in one municipal election and four to be elected two years later in the next municipal election. This 5-4 rotation helps ensure continuity, so that there are always at least some members of the board who have two or more years of experience.

There are three types of election plans that school districts in Pennsylvania may adopt for electing board members: “at large,” by region or by a combination of these.

• If board members are elected at large, they must be residents of the school district, but may live anywhere in the district and are chosen by all the voters in the district.
• If a region plan is approved, school directors who reside in each region are elected by the voters of their respective regions, with each region electing an equal number. Regions must be approximately equal in population and the boundaries may need adjusting after each U.S. census.
• Where a combination of at large and regionally elected directors is called for in the district’s established election plan, all regions have an equal number of school directors who reside in each region and who are elected by the voters of their region, and some directors are elected at large by voters district-wide.

Vacancies caused by resignation, death, moving out of the district or region, etc., are filled by an appointment process conducted by the remaining board members. If less than two years remain before the former director’s term expires, a director appointed to fill that vacancy serves for the remainder of the term.

However, if more than two years are left in the term, the new appointee will serve only until the first Monday in December following the first municipal election that is scheduled for more than 60 days after the vacancy occurred. In other words, unless the vacancy occurred less than 60 days prior to the nearest municipal election, the new director would have to run for election in order to serve longer than that.

Thus, an appointee will serve two years at most unless elected to office in the next municipal election. Thus, someone appointed to fill a vacancy will serve two years at most unless elected to office in the next municipal election. The appointee or other person then elected will serve only for the remaining two years of the original director’s term rather than a full four-year term. That is why an open seat in that situation is often referred to as a “two-year seat.”

Under the School Code, to be eligible to be elected or appointed to a Pennsylvania school board, one must be a citizen, at least 18 years old, of good moral character, and a resident of the school district for at least one year prior to the date of election or appointment. However, some otherwise qualified individuals still may not be eligible to run for or hold the office of school director because of restrictions in other provisions of state or federal law.

The Pennsylvania Constitution bars from public office anyone who has been convicted of what the Constitution calls an “infamous crime”, which the courts have interpreted to include all felonies as well as certain misdemeanors involving dishonesty or other “moral turpitude” (determined based on the nature of the crime).

Section 324 of the Public School Code prohibits school directors from being employed by, or doing business with, the district where they are elected or appointed, subject to certain exceptions. These prohibitions remain in effect for the entire duration of the term for which the school director was elected or appointed, even if the person leaves office before the term expires. A school director cannot resign in order to accept district employment unless one of three exceptions to this prohibition applies.

Doing business with the district while a member of the district’s school board is permitted only if done in compliance with the conflict of interest provisions and procedures set forth in Pennsylvania’s “Public Official and Employee Ethics Act.” For more information about the Ethics Act, contact the Pennsylvania State Ethics Commission at (800) 932-0936.

In addition to prohibiting a school district employee of any type from serving on the board of the school district where employed, Section 322 of the School Code lists a number of other public positions that are incompatible with holding the office of school director, meaning that a person is prohibited from holding any of those positions and being a school director at the same time. These restrictions do not prohibit a person from running for election to an incompatible office, but they could not be sworn in unless they first resign the other office. Incompatible offices listed in the School Code include: mayor, chief burgess, county commissioner, district attorney, city, borough, or township treasurer, member of council in any municipality, township commissioner, township supervisor, tax collector, assessor, assistant assessor, comptroller, auditor, constable, and executive director or assistant executive director of an intermediate unit.

There also is a federal law known as the “Hatch Act” that prohibits all federal employees, and some state and local government employees whose principal job functions “involve” federal funding, from being candidates for partisan elective offices. However, the Hatch Act expressly exempts public school employees from its restrictions even though public school systems receive significant federal funding.School board elections in Pennsylvania are regarded as partisan, despite the ability to cross file, since cross filed candidates still run as the nominees of one or more political parties. The Hatch Act itself only prohibits running for election, but does not prohibit holding the office if appointed. The Hatch Act restrictions do not apply to state or local employees of publicly-supported schools and education systems; i.e., school district employees. For more information about the Hatch Act, including how to obtain advisory opinions, visit the U.S. Office of Special Counsel’s web site at https://osc.gov/Pages/HatchAct.aspx or call (800) 85-HATCH.

Employees of many federal agencies, especially the Department of Defense (including active and reserve military members) also are subject to regulations that further restrict political activity and the holding of elective office beyond what is prohibited by the Hatch Act. Federal employees should consult designated agency ethics counselors prior to deciding to run for office. In addition, many governmental and private employers have rules or policies that require employees to notify them or get permission whenever they engage in outside employment, including running for elective office. As you decide whether to become a candidate, be sure to check whether your employer has such rules.

The restrictions summarized above are not intended to be an exhaustive list of potential legal requirements or restrictions. The statutory codes governing counties, cities, boroughs and the two classes of townships also contain restrictions about incompatible offices.

To become a school board candidate, you must begin by filing a nominating petition signed by at least 10 qualified voters of the school district who are registered members of the political party for which nomination is sought. If the candidate is running for a regional seat in a school district with a regional or combined regional and at-large election plan, the signer must also be resident of that region of the school district. In other words, a petition signature is valid only if the signer would be eligible to vote for that candidate in the primary based on residence and party for which registered. However, if the school district encompasses an entire city or county, the minimum number of required signatures for an at-large seat will be 100 or even higher depending on the class of city or county. It is recommended that aspiring candidates always confirm the number of signatures required with the county board of elections.

Circulators of nominating petitions must be registered members of the political party for which nomination is sought. Signers cannot sign the petitions of more than one candidate for any office unless more than one candidate can be elected to that office (such as school director), in which case a voter can sign only as many candidate petitions as the number of votes that a single voter could cast for that office.

The Election Code allows candidates for the office of school director to “cross file” for nomination in a primary election; that is, to seek the nomination of more than one major political party. To cross file, a separate petition must be circulated for each party by a registered member of that party, and the same minimum number of signatures is required for each party’s petition. If successful in the primary, the cross filing candidate will appear on the ballot for the November municipal election as the candidate for each party whose primary nomination the candidate won.

Primaries in municipal election years usually are held on the third Tuesday in May. Petitions may be circulated for signature only during a three-week period that begins on the thirteenth Tuesday before the primary (usually around mid-February) and ends on the tenth Tuesday before the primary (usually early March). The tenth prior Tuesday also is the filing deadline for nominating petitions. No fee is charged for filing a school board nominating petition.

Under Pennsylvania’s “Public Official and Employee Ethics Act,” each candidate for the office of school director must file a statement of financial interest for the preceding calendar year with the school board secretary of the school district. A copy of the statement also must be attached to the nomination petition filed with the county board of elections.

It is important to remember that the Ethics Act requires annual filing of such forms by all school directors no later than May 1 of each year, whether or not running for re-election, but those who are running for re-election must file earlier in election years no later than the deadline for filing nominating petitions. A candidate’s failure to file with BOTH the board of elections AND the school board secretary by that deadline could result in the nominating petition being invalidated. The school district must maintain statements of financial interest on file and make them available for public inspection for at least five years.

Pennsylvania’s “Campaign Expense Reporting Law,” also requires candidates to file campaign finance reports listing campaign expenditures and contributions received, including the names and addresses of persons who contribute $50 or more to the campaign. A pre-election report must be filed with the county board of elections no later than the second Friday prior to the primary election. A post-election report must be filed no later than 30 days after the election. As an exception, the law permits local candidates who are not aided by political committees and who do not intend to receive or expend more than $250 in a reporting period to file an affidavit to that effect with their nomination petitions, which then excuses them from filing reports, although they still must keep records of expenses and contributions. In the event that expenditures or contributions exceed $250 anyway, a report then must be filed.

Prior to each election year, the Commonwealth’s Department of State Bureau of Elections distributes a complete election calendar with specific dates and other legal requirements to all county offices. Forms for nominating petitions, statements of financial interest, campaign finance reports and other information about these requirements can be obtained from the county board of elections and other municipal offices.

The Pennsylvania School Boards Association is a nonprofit statewide association of public school entities – school districts, intermediate units, career and technical centers and community colleges – pledged to the highest ideals of local lay leadership for the public schools of the commonwealth. Formed on the fundamental concept of local control of public education, PSBA is a strong advocate of the proposition that the local school board – where elected citizens make decisions that affect, influence and direct the education of the community’s youth – is the cornerstone of a free society.

Founded in 1895, PSBA has a rich history as the first school boards association established in the United States. Membership is voluntary, but nearly 100% of eligible school entities renew their membership each year. To assist the boards of those entities in functioning at their best, PSBA offers members a wide array of educational and informational resources, as well policy, consulting and other services. When school board members take office in a member school district, they automatically become individual members of PSBA, with access to those resources and services.

PSBA also advocates on behalf of school boards and the public interest in education in the General Assembly, the governor’s office, the State Board of Education, the Department of Education and other educational agencies and organizations. Strong school boards mean stronger schools and a stronger Pennsylvania!

Among the most important resources created by PSBA are a model set of “Standards of Effective School Governance” and “Code of Conduct for Members of Pennsylvania School Boards” that are supplemented by benchmarks and self-evaluation resources. PSBA encourages the boards of all public school entities to adopt the Standards and Code as a voluntary matter, tailoring them to local preferences if desired, and the vast majority of them have done so over the years.

However, while these standards have been written to reflect the goals, ideals and responsibilities inherent in the many laws and regulations with which school districts and their board must comply, the Standards and Code themselves are not mandated by law. Nonetheless, they serve as a guide and roadmap that can lead a school board on the path to success in governing, and a standard against which school boards and their members should hold themselves accountable to each other and to the public.

PSBA encourages all candidates for election to school boards to become familiar with the Standards and Code.

To promote student growth and achievement, an effective school board . . .

Advocates for a thorough and efficient system of public education by:

1. Promoting public education as a keystone of democracy.
2. Engaging and promoting community support by seeking input, building support networks and generating action.
3. Allocating resources in a manner designed to facilitate student achievement consistent with school district goals and plans.
4. Maintaining legislative awareness and communicating with members of local, state and federal legislative bodies.
5. Ensuring strong management of the school system by hiring, setting goals with and evaluating the superintendent.
6. Employing qualified staff to meet student and program needs.

Models responsible governance and leadership by:

1. Staying current with changing needs and requirements by reviewing educational literature, attending professional development opportunities prior to board service and continuously during board service, and preparing to make informed decisions.
2. Interacting with school officials in other districts and using resources provided by organizations and agencies committed to effective governance and management of public schools.
3. Leading with respect and taking full responsibility for board activity and behavior.
4. Adopting and acting in accordance with the PSBA Code of Conduct for Members of Pennsylvania School Boards.
5. Engaging all community stakeholders.
6. Complying with board policy and all applicable local, state and federal laws and regulations.
7. Operating as a collective board in making decisions.
8. Participating in annual board retreats.

Governs through policy by:

1. Seeking input from stakeholders and following an established procedure for consideration.
2. Regularly reviewing and, as necessary, revising and adopting board policy.
3. Delegating to the superintendent responsibility for implementation of board policy.
4. Ensuring public access to adopted board policy.
5. Purposefully linking its actions to applicable board policies.

Ensures that effective planning occurs by:

1. Adopting and implementing a collaborative strategic planning process, including regular reviews.
2. Setting annual goals that are aligned with the strategic plan.
3. Linking board actions to the strategic plan.
4. Adopting a financial plan that considers short-term and long-term needs.
5. Adopting professional development plans for board and staff.
6. Adopting a plan to ensure evaluation of student growth and achievement using relevant data.
7. Adopting a master facilities plan conducive to teaching and learning.
8. Adopting a plan for curriculum review and development.

Monitors results by:

1. Using data appropriately to make informed decisions.
2. Ensuring effective practices for evaluation of staff, programs, plans and services.
3. Evaluating its own performance.
4. Assessing student growth and achievement.
5. Evaluating the effectiveness of the strategic plan.

Communicates with and engages the community by:

1. Distributing relevant information about the district.
2. Providing methods of communication to the board and appropriate staff.
3. Seeking input through a variety of methods.
4. Including stakeholders in all communications.

Preamble
We, as members of our local board of education, representing all the residents of our school district, believe that:

• Striving toward ideal conditions for effective school board service to our community, in a spirit of teamwork and devotion to public education, is the greatest instrument for preserving and perpetuating our representative democracy.
• The future welfare of this community, commonwealth and nation depends upon the quality of education we provide in the public schools.
• In order to maintain a free and strong country, our civic obligation to the community, commonwealth and nation is to maintain free and strong public schools in the United States of America, without surrendering our responsibilities to any other person, group or organization.
• Boards of school directors share responsibility for ensuring a “thorough and efficient system of public education” as required by the Pennsylvania Constitution.
• Our fellow residents have entrusted us with the advocacy for and stewardship of the education of the youth of this community.
• The public expects that our first and greatest priority is to provide equitable educational opportunities for all youth.

Accordingly,

• The community should be provided with information about its schools and be engaged by the board and staff to encourage input and support for the school system.
• Devoting time, thought and study to our duties and responsibilities as school board members is critical for rendering effective and credible service.
• Board members should work together in a spirit of harmony, respect and cooperation, despite differences of opinion.
• Personal decisions should be based upon all sufficient facts, we should vote our honest conviction without partisan bias, and we will abide by and uphold the majority decision of the board.
• Individuals have no legal authority outside the meetings of the board, and should conduct their relationships with all stakeholders and media on this basis.
• We will not use our positions as school directors to benefit ourselves or any individual or agency.
• School boards must balance their responsibility to provide educational programs with the need to be effective stewards of public resources.
• We should recognize that the primary responsibility of the board is to adopt policies by which the schools are to be administered.
• We should respect that the superintendent of schools and his or her staff are responsible and accountable for the delivery of the educational programs and the conduct of school operations.
• Communication with all stakeholders and the media should be conducted in accordance with board policy.