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HAZLETON AREA SCHOOL DISTRICT AND JAMES CORREALE v. LUZERNE INTERMEDIATE UNIT 18 AND PAT CAPECE. HAZLETON AREA SCHOOL DISTRICT (06/18/86)

decided: June 18, 1986.

HAZLETON AREA SCHOOL DISTRICT AND JAMES CORREALE, JR.
v.
LUZERNE INTERMEDIATE UNIT 18 AND PAT CAPECE. HAZLETON AREA SCHOOL DISTRICT, APPELLANT



Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of Hazleton Area School District and James Correale, Jr. v. Luzerne Intermediate Unit 18 and Pat Capece, No. 1262-C Civil of 1986.

COUNSEL

James S. Palermo, with him, Thomas L. Kennedy, for appellant.

Anthony J. Lupas, for appellees.

Judges Barry and Palladino, and Senior Judge Rogers, sitting as a panel of three. Opinion by Senior Judge Rogers.

Author: Rogers

[ 98 Pa. Commw. Page 236]

This is the appeal of the Hazleton Area School District (School District) and James Correale, Jr. from an order of the Court of Common Pleas of Luzerne County

[ 98 Pa. Commw. Page 237]

    in a declaratory judgment action declaring that duly-qualified school directors from member school districts may stand for election to the Luzerne Intermediate Unit 18 Board of Directors by being nominated from the floor at the intermediate unit's duly-convened convention.

There are twenty-nine intermediate units in the Commonwealth. Each school district in the Commonwealth is assigned to an intermediate unit, which provides essential pupil services and vocational-technical education to its member districts. A board of directors of the intermediate unit is elected at the annual convention of the intermediate unit. Section 910-A(a) of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 9-960(a), provides in pertinent part:

The intermediate unit board of directors shall be composed of thirteen members except as otherwise provided for in this subsection, chosen for terms of three years from among members of the boards of school directors of school districts comprising the intermediate unit. . . . Where there are fewer than thirteen school districts within an intermediate unit, there shall be one school director from each school district elected to the intermediate unit board of directors, but any such intermediate unit board of directors may elect one additional at-large member. When there are more than thirteen districts in an intermediate unit each district, as far as practicable, may have one member on the unit board, up to a maximum of twenty members. . . .

The issue of this case is that of whether one who has not been nominated by majority vote of the board of directors of the member district of which he or she is a

[ 98 Pa. Commw. Page 238]

    director may stand for election to an intermediate unit board of directors. We ...


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