Harrisburg School Dist. v. Hickok

• Decision Date: 13 November 2000
• Citation: 762 A.2d 398
• Court: Pennsylvania Commonwealth Court
• Parties: HARRISBURG SCHOOL DISTRICT, Harrisburg School Board, Joseph C. Brown, Linda M. Cammack, Judith C. Hill, Wanda R.D. Williams, Individually, and as Parent and Natural Guardian of Rauwshan Williams, Ricardo A. Davis, Individually and as Parent and Natural Guardian of Jeremiah Stephenson and Tiffany Davis, Clarice Chambers, Joy Ford, Individually, and as Parent and Natural Guardian of Casel J. Ford, Susan Wilson, Individually, and as Natural Parent and Guardian of Brandi Wilson and Samantha Wilson, Grace Bryant, Individually, and as Parent and Natural Guardian of Corey Bryant, Glenise Cobb-Wingfield, Individually, and as Parent and Natural Guardian of Jhonatha Wingfield and Asia Wingfield, Petitioners, v. Eugene HICKOK, Secretary of Education, Commonwealth of Pennsylvania, Stephen R. Reed, Mayor of Harrisburg, Tom Ridge, Governor of Pennsylvania, Jane/John Doe I, Jane/Joe Doe II, Jane/John Doe III, Jane/John Doe IV, Jane/John Doe V, Potential Members of the Board of Control for the Harrisburg School District, Respondents.

762 A.2d 398

HARRISBURG SCHOOL DISTRICT, Harrisburg School Board, Joseph C. Brown, Linda M. Cammack, Judith C. Hill, Wanda R.D. Williams, Individually, and as Parent and Natural Guardian of Rauwshan Williams, Ricardo A. Davis, Individually and as Parent and Natural Guardian of Jeremiah Stephenson and Tiffany Davis, Clarice Chambers, Joy Ford, Individually, and as Parent and Natural Guardian of Casel J. Ford, Susan Wilson, Individually, and as Natural Parent and Guardian of Brandi Wilson and Samantha Wilson, Grace Bryant, Individually, and as Parent and Natural Guardian of Corey Bryant, Glenise Cobb-Wingfield, Individually, and as Parent and Natural Guardian of Jhonatha Wingfield and Asia Wingfield, Petitioners, v. Eugene HICKOK, Secretary of Education, Commonwealth of Pennsylvania, Stephen R. Reed, Mayor of Harrisburg, Tom Ridge, Governor of Pennsylvania, Jane/John Doe I, Jane/Joe Doe II, Jane/John Doe III, Jane/John Doe IV, Jane/John Doe V, Potential Members of the Board of Control for the Harrisburg School District, Respondents.

Commonwealth Court of Pennsylvania.

Argued September 13, 2000.

Decided November 13, 2000.

As Amended November 15, 2000.

Marci A. Hamilton, Yardley, for petitioners.

Daniel J. Doyle, Harrisburg, for respondents, E. Hickok and Governor Ridge.

Todd P. Prugar, Harrisburg, for respondents, Mayor Reed, J. Doe I-V and Potential Members of the Bd. of Control for the Harrisburg School Dist.

Linda J. Shorey, Harrisburg, for intervenors, Senators R. Jubelirer and M. Ryan.

Before DOYLE, President Judge, COLINS, Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, KELLEY, Judge, FLAHERTY, Judge. PELLEGRINI, Judge.

Before this Court are preliminary objections filed by the respondents in the above-captioned action (collectively, the Commonwealth) in response to an amended petition for review in the nature of a complaint in equity and for declaratory relief filed by the petitioners in the above-captioned action (collectively, the Harrisburg School District) challenging the constitutionality of the Education Empowerment Act, Act No. 2000-16 (Act 16) and specifically Section 1707-B of Act 16 known as the "Reed Amendment" dealing with the Harrisburg School District.

I.

The Education Empowerment Act authorizes the Secretary of Education to place the control of a school district in a Board of Control where the school district has a history of low test scores. On March 24, 1999, Senate Bill 652 (SB652) was introduced and was titled, "An Act Amending the act of March 10, 1949, P.L. 30" (the Public School Code of 1949, 24 P.S. §§ 1-101-27-2703), but only proposed to amend one specific section of the School Code and to add a new section authorizing vocational-training schools to establish capital reserves. Following a number of amendments not relevant here, on June 8, 1999, the bill was passed by the Senate. After additional amendments, again not relevant here, on June 16, 1999, the bill was passed by the House of Representatives. The bill was then returned to the Senate and referred to the Committee on Rules and Executive Nominations.

On May 2, 2000, the bill was reported from the Senate Rules Committee with further amendments and again passed by the Senate. In the House, the bill was referred to the House Rules Committee, which inserted substantial material into the bill. This material added a new article to the School Code entitled the "Education Empowerment Act" (EEA). The title of the bill was amended to reflect the inclusion of these provisions. On May 3, 2000, the House passed the amended bill, and on the same day, the Senate concurred and the bill was sent to the Governor who signed it on May 10, 2000.¹

With the passage of the EEA, the Secretary of Education is to establish an "Education Empowerment List." Section 1703-B of the School Code.² School districts that meet the statutory definition of a "history of low test performance" are placed on the list. The affected districts are to be notified of the their placement on the list, and the list itself is published in the Pennsylvania Bulletin. After notification, the following occurs:

1) The Department of Education (the Department) establishes an Academic Advisory Team for each affected District;

2) The affected District establishes a School District Empowerment Team to work with the Academic Advisory Team to develop an Improvement Plan, which is submitted to the Department;

3) The Department reviews the Plan, and may either approve it or request modifications; and

4) The Board of Directors of the affected District "shall implement" the approved plan, notwithstanding any other provision of law to the contrary.

In the event that the affected District does not meet the goals established in the plan within 3 years, pursuant to Section 1705-B, the District is declared an "Education Empowerment District" and the Secretary may grant an additional year within which the District can meet the Plan's goals. Once declared an Education Empowerment District, it is placed under a Board of Control consisting of the Secretary of Education or his designee and two residents of a county in which the affected District is located who are appointed by the Secretary. The Board of Control assumes all powers and duties conferred by law on the Board of School Directors with the exception of the power to levy taxes. Section 1706 B. When an affected District has met the goals in its improvement plan and no longer has a history of low test performance, control is restored to the Board of School Directors. Section 1710-B.

There are two school districts that are admittedly treated differently from the way other districts are that are designated as an "Education Empowerment District."³ In this case, only Section 1707-B of Act 16, commonly referred to as the "Reed Amendment" after the current Harrisburg Mayor Stephen Reed, is at issue because it treats, as admitted by the Commonwealth, Harrisburg School District different from any other district in the Commonwealth. That section provides that "certain school districts" are defined as, "[A] school district of the second class with a history of low test performance which is coterminous with the city of the third class which contains the permanent seat of government..."; i.e., the Harrisburg School District.

For the Harrisburg School District, the Secretary is directed to waive the inclusion of the district on the list and immediately certify the district as an education empowerment district. Unlike other districts, because the Harrisburg School District is certified under Section 1707-B, it does not come under the control of a three-member Board of Control. Instead, the mayor of the coterminous city, Harrisburg, appoints a five-member board that serves at the pleasure of the mayor. The mayor, rather than the affected district, appoints an education empowerment team to develop an improvement plan for transmission to the Department. The Department is not required to appoint an academic advisory team to assist the empowerment team in developing the improvement plan. Moreover, while the empowerment teams in other affected districts elect their chairperson, the team appointed by the mayor under the Reed Amendment is chaired by the Mayor or his designee. In summary, then, in contrast to the other districts, the district described by the Reed Amendment is immediately placed under the control of a distinct type of Board of Control, entirely devoid of state supervision or input, and controlled by the mayor of a specific city of the third class rather than the affected district.

II.

Shortly after Act 16 became effective, the Harrisburg School District filed its amended petition for review on behalf of school children, voters and taxpayers in its district, as well as on behalf of its School Board as a result of the enactment of the Reed Amendment, Section 1707-B of Act 16. It sought to have the Act generally declared unconstitutional because of various defects in the manner in which it was enacted, void on the basis that it violates the United States and Pennsylvania Constitutions by discriminating against the Harrisburg School District by violating its due process and equal protection rights, as well as seeking to have the Reed Amendment declared unconstitutional under Article III, Section 32 of the Pennsylvania Constitution.

Specifically, the Harrisburg School District asserted in its petition the following nine counts:

• Count I—Violation of Article III, Section 32 of the Pennsylvania Constitution. Act 16 creates a special class of one school district, the Harrisburg School District, in violation of Article III, Section 32 which prohibits the General Assembly from passing a local or special law regulating school districts.

• Count II—Violation of Article III, Section 1 of the Pennsylvania Constitution. Act 16 in its original form and purpose was radically different from the final amended and passed version in violation of Article III, Section 32 which prohibits the passing of a bill whose original purpose has been altered or amended.

• Count III—Violation of Article III, Section 2 of the Pennsylvania Constitution. Act 16 was inserted hastily into Senate Bill 652 after the publication of SB652, and in direct contravention of Article III, Section 2, SB652 containing the EEA was not printed for the members of the Rules Committee of the House to consider before their vote.

• Count IIIA—Violation of Article III, Section 3 of the Pennsylvania Constitution. The subject of Act 16 was not clearly expressed in the title of SB652 as required by the Pennsylvania Constitution and failed to identify the purpose of the Act and that the Harrisburg School District was being singled out for special treatment.

• Count IV—Violation of Article III, Section 4 of the Pennsylvania Constitution. The enactment of Act 16 violated Article III, Section 4 because it was not considered on three different days on the floors of either...