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CHICHESTER SCHOOL DISTRICT DIVISION CASE (09/14/67)

decided: September 14, 1967.

CHICHESTER SCHOOL DISTRICT DIVISION CASE


Appeal from decree of Court of Quarter Sessions of Delaware County, March T., 1967, Miscellaneous Docket A-28, in re plan for division of Chichester School District into nine regions.

COUNSEL

Donald M. McCurdy, for appellants.

Melvin G. Levy, with him McClenachan, Blumberg & Levy, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Ervin, P. J.

Author: Ervin

[ 210 Pa. Super. Page 428]

This case arises under the School Reorganization Act of August 8, 1963, P. L. 564, 24 PS § 2-290 et seq., and involves the construction of § 303(b) thereof, 24 PS § 3-303. That section reads as follows: "The interim operating committee or after the date of establishment the board of school directors of a newly established school district, may, if it so chooses, develop a plan to divide the school district into either three or nine regions. The boundaries of the regions shall be fixed and established in such manner that the population of each region shall be as nearly equal as possible and shall be compatible with the boundaries of election districts. Such plan for the division of the school district shall be submitted for approval to the court of quarter sessions. If approved by such court, the clerk thereof shall certify the regional boundaries contained therein to the county board of elections. In the event of any division, redivision, alteration, change or consolidation of election districts which renders regional boundaries incompatible with the boundaries of election districts, a new plan shall be developed and submitted for court approval in like manner. Any proposed change in an approved plan, including abolition of regional representation, shall be submitted for approval to the court of quarter sessions by the board of school directors. Where a three region plan is approved, three school directors who reside in each region shall be elected or appointed as hereinafter provided by and from each region and at all times each region shall be represented by three directors elected or appointed as hereinafter provided from that region. Where a nine region plan is approved, one school director who resides in each region shall be elected or appointed as hereinafter provided by and from each region and at all times each region shall be represented by a director elected or appointed as hereinafter provided from that region."

[ 210 Pa. Super. Page 429]

The Chichester School District encompasses the entire area of the Townships of Upper Chichester and Lower Chichester, and the Boroughs of Marcus Hook and Trainer in Delaware County.

Pursuant to the provisions of § 303(b), supra, the school board, on January 24, 1967, enacted a resolution in which it chose to divide the district into nine regions. The description of these regions, together with their population, based on the 1960 Federal census, which was stipulated of record, is as follows:

Region Population

Region No. 1. The present boundaries of

First Precinct of Lower Chichester Township 2,031

Region No. 2. The present boundaries of

Second Precinct of Lower Chichester

Township 2,429

Region No. 3. The present boundaries of

     the First and Third Wards of Marcus

Hook ...


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