STATE BOARD OF EDUCATION Request for Annexation by School District of Lancaster; Petitions for Reconsideration [29 Pa.B. 1961] Notice of Opportunity for Hearing;
Annexation Doc. Nos. 1999-1 and 1999-2On February 11, 1999, 11 taxpayers of the School District of Lancaster filed with the Council of Basic Education (Council) a Petition for Reconsideration of Annexation under the provisions of section 227 and 228 of the Public School Code of 1949 (24 P. S. §§ 2-227 and 2-228). The taxpayers filed a second Petition for Reconsideration of Annexation on March 19, 1999. In their petitions, the taxpayers seek reconsideration by the Council of certain actions taken by the former State Council of Education.
On five different dates during the years 1953 through 1956, the State Council of Education, acting under its authority prescribed by statute at the time, denied various applications to transfer certain territory from the Manheim Township School District to the School District of Lancaster. The affected territory had been annexed for municipal purposes by the City of Lancaster from the Township of Manheim under a series of ordinances enacted by the City Council of Lancaster in 1952. The ordinances and territory annexed thereby by the City of Lancaster are described in the petitions as follows:
(1) Ordinance No. 7-1952 annexed 2.132 acres owned by the Simplex Paper Box Corporation.
(2) Ordinance 8-1952 annexed 1.256 acres owned by the Cleve-Walt Holiday Company, Inc.
(3) Ordinance No. 11-1952 annexed 3.402 acres owned by the Bearings Company of America.
(4) Ordinance No. 20-1952 annexed 127.485 acres owned by Elmer L. Esbenshade.
(5) Ordinance No. 33-1952 annexed 103.730 acres owned by the Radio Corporation of America and the Pennsylvania Railroad Company.
(6) Ordinance No. 40-1952 annexed 4.536 acres owned by the Pennsylvania Railroad Company.
(7) Ordinance No. 41-1952 annexed 7.722 acres owned by the Pennsylvania Railroad Company.
(8) Ordinance No. 42-1952 annexed 81.901 acres owned by the Pennsylvania Railroad Company.
(9) Ordinance No. 43-1952 annexed 30.413 acres owned by L.G. Moore and the Pennsylvania Railroad Company.
(10) Ordinance No. 49-1952 annexed 1.487 acres owned by the Lancaster Equipment Corporation.
(11) Ordinance No. 50-1952 annexed 14.839 acres owned by Lancaster Equipment Corporation and Lancaster Valite, Inc.
(12) Ordinance No. 45-1952 annexed 2.664 acres owned by the Lancaster Lincoln-Mercury Co.
(13) Ordinance No. 52-1952 annexed 10.132 acres owned by the Lancaster Pump and Manufacturing Co., Inc., and John H. Swanger, Inc.
(14) Ordinance No. 53-1952 annexed 2.416 acres owned by Herman A. Wohlsen, Albert B. Wohlsen, Theodore O. Wohlsen and J. Harry Reinhold, co-partners trading as Herman Wohlsen's Sons.
(15) Ordinance No. 66-1952 annexed 6.564 acres owned by the Lancaster County Farm.
(16) Ordinance No. 18-1952 annexed 1.569 acres owned by Armstrong Cork Company.
(17) Ordinance No. 19-1952 annexed 4.594 acres owned by Lancaster Transportation Company.
(18) Ordinance No. 26-1952 annexed .239 acre owned by Consumers Ice Company of Lancaster.
(19) Ordinance No. 29-1952 annexed 1.798 acres owned by Herr Manufacturing Company.
(20) Ordinance No. 36-1952 annexed 142.465 acres owned by Manor Real Estate and Trust Company and the Pennsylvania Railroad Company.
(21) Ordinance No. 60-1952 annexed .574 acre owned by Elwood Q. Brubaker and Betsy R. Brubaker, his wife.
(22) Ordinance No. 61-1952 annexed 2.445 acres owned by Shirks Motor Express Corporation.
Under section 227 of the Public School Code (24 P. S. § 2-227), certified copies of each of the ordinances and the decrees of court relating thereto were transmitted to the Superintendent of Public Instruction. In each case, the certified copies were accepted by the Superintendent of Public Instruction as applications for changes to be made in the boundaries between the School District of Lancaster and the Manheim Township School District correlative with the changes which had been made through annexation between the City of Lancaster and the Township of Manheim.
After Manheim Township School District requested hearings on the applications and hearings were held, the former State Council of Education disapproved each of the applications to change the boundaries of the two school districts. Those actions were taken by the former State Council of Education on the following dates:
(1) On March 6, 1953, the State Council of Education disapproved the applications represented by Ordinances Nos. 7-1952, 8-1952 and 11-1952.
(2) On March 5, 1954, the State Council of Education disapproved the applications represented by Ordinances Nos. 20-1952 and 33-1952.
(3) On September 9, 1955, the State Council of Education disapproved the applications represented by Ordinances Nos. 40-1952, 41-1952, 42-1952, 43-1952, 49-1952 and 50-1952.
(4) On November 4, 1955, the State Council of Education disapproved the applications represented by Ordinances Nos. 45-1952, 52-1952 and 53-1952.
(5) On May 4, 1956, the State Council of Education disapproved the applications represented by Ordinances Nos. 18-1952, 19-1952, 26-1952, 29-1952, 36-1952, 60-1952 and 61-1952.
Also, on February 26, 1958, the State Council of Education denied applications for reconsideration made by ten taxable inhabitants relating to Ordinances Nos. 20-1952 and 36-1952.
Section 228(c) of the Public School Code (24 P. S. § 2-228(c)) provides, in part, as follows:
After the elapse of five years from the date of any refusal by the Council of Basic Education to approve an annexation for school purposes, the Council shall reconsider its decision upon petition of ten taxables of any school district affected by the Council's decision.
The Council interprets this section to authorize applications to be made to the Council for reconsideration of decisions made by the former State Council of Education. The petitions filed in the above-referenced matter have been filed under section 228(c).
In their petitions for reconsideration, the taxpayers of the School District of Lancaster allege numerous ''intervening facts'' which they contend should cause the Council to reconsider the former State Council of Education's disapproval decisions and now to approve the changes in boundaries of the two school districts to correspond with the municipal annexations described in the petitions. The petitioners allege that no students would be directly involved in the boundary changes.
On March 4, 1999, the Manheim Township School District filed an answer to the first petition in which it admitted some factual allegations and denied others, and urged the Council to deny the petitions for reconsideration. As of the date on which this notice was deposited, the Manheim Township School District had not yet responded to the second petition. The School District of Lancaster has not formally filed a document with the Council respecting either petition.
At its meeting held March 9, 1999, the Council adopted a resolution authorizing and directing the vice chairperson of the Council, in consultation with the Executive Director of the State Board of Education (State Board) and the State Board's legal counsel, to recommend for the consideration of the Council procedures for use in deciding the Petitions for Reconsideration of Annexation. In addition, the Council authorized and directed the vice chairperson to take any appropriate preliminary administrative actions in connection with the petitions as might be usual and customary in administrative proceedings consistent with applicable provisions of law, subject to review of the Council.
Under the authority granted by the Council, this notice is published to inform interested persons and entities that the Council will be considering the Petitions for Reconsideration of Annexation in accordance with sections 226 to 228 of the Public School Code of 1949 (24 P. S. §§ 2-226--2-228) and other applicable law, the General Rules of Administrative Practice and Procedure (1 Pa. Code Part II) as adopted by the State Board (22 Pa. Code § 1.5), and such other procedures as the Council or the State Board might adopt in connection with this matter. It should be noted, however, that the appellate courts of the Commonwealth have held that the decisions of the Council and the State Board under section 228 of the Public School Code are not adjudications and, therefore, the provisions of the Administrative Agency Law (2 Pa.C.S. §§ 501--508, 701--704) are not applicable. See State Board of Education v. South Middleton Township School District, 430 Pa. 457, 243 A.2d 350 (1968); Esbenshade v. Department of Public Instruction, 181 Pa. Super. 232, 124 A.2d 478, aff'd, 387 Pa. 281, 127 A.2d 678 (1956); LaCamera v. Board of Probation and Parole, 13 Pa. Commw. 85, 317 A.2d 925 (1974); Manheim Township School District v. State Board of Education, 1 Pa. Commw. 627, 276 A.2d 561 (1971).
Interested persons desiring to participate in this matter may file with the Council a notice of intervention or application to intervene (whichever pleading might be appropriate) in accordance with the General Rules. Other persons who wish to communicate with the Council on this matter may file a written comment or protest. All notices of intervention, applications to intervene, comments and protests must be filed with the Council no later than 30 days following publication of this notice in the Pennsylvania Bulletin. All submissions should be mailed or delivered to the Council of Basic Education, c/o Peter H. Garland, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333.
Copies of the petitions and other documents filed with the Council may be obtained by writing to Dr. Garland at the above-stated address or by telephone at (717) 787-3787. Alternative formats of these documents (for example braille, large print, cassette tape) can be made available to members of the public upon request to Dr. Garland. Persons with a disability requiring special accommodations to participate in this matter should contact Dr. Garland at the address or telephone number noted previously or by PA Relay (800) 654-5984.
PETER H. GARLAND,
Executive Director[Pa.B. Doc. No. 99-608. Filed for public inspection April 9, 1999, 9:00 a.m.]
