THE BOARD OF EDUCATION

Philadelphia Home Rule Charter art. XII, ch. 2

in effect

Philadelphia Home Rule Charter § 12-200 The Board Created; Its Function.

§ 12-200. The Board Created; Its Function. There shall be a Board of Education of the School District of Philadelphia which shall be charged with the administration, management and operation of the home rule school district.

Philadelphia Home Rule Charter § 12-201 Members of the Board; Method of Selection.

§ 12-201. Members of the Board; Method of Selection. There shall be nine members of the Board of Education who shall be appointed by the Mayor, with the advice and consent of a majority of all the members of the Council after public hearing, from lists of names submitted to the Mayor by the Educational Nominating Panel, or, if enabling legislation is enacted by the General Assembly of the Commonwealth, elected on a non-partisan basis by the qualified voters of the city, all as more fully set forth in later sections of this Chapter. There shall also be a non-voting student advisory member of the Board of Education and alternate appointed by the Board from among the students enrolled in the Philadelphia public schools, whose selection and participation in meetings and other Board activities shall be subject to rules adopted by the Board. Notes 315 | Amended by approval of the voters at the election held on May 15, 2018, and certified on June 4, 2018. See Bill No. 171109-A (approved March 23, 2018); Resolution No. 180112 (adopted March 8, 2018). Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220002 (approved February 25, 2022); Resolution No. 220010 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 12-202 Eligibility for Board Membership.

§ 12-202. Eligibility for Board Membership. Members of the Board of Education shall be residents of the City and meet any other applicable requirements of State law. No person shall be eligible to be appointed or elected to more than three full terms. Persons who are nominated or appointed to the Board of Education should reflect the diversity of backgrounds, experience and training that is representative of the City, including but not limited to: being the parent(s) of a current or former public school student(s); having training or experience in the areas of business, finance, education, public housing, or community affairs; or, having any other such training or expertise relevant and beneficial to the operations and management of the public school system. Notes 316 | Amended by approval of the voters at the election held on May 15, 2018, and certified on June 4, 2018. See Bill No. 171109-A (approved March 23, 2018); Resolution No. 180112 (adopted March 8, 2018).

Philadelphia Home Rule Charter § 12-203 Terms of Board Members.

§ 12-203. Terms of Board Members. The terms of appointed members of the Board of Education shall be four years, commencing on May 1 of the year a Mayor's term of office begins. If the General Assembly enacts legislation permitting the election of members of the Board on a non-partisan basis, then (1) the terms of elected members of the Board of Education shall begin on the first Monday in December and shall be six years except that of the first members elected, three shall be elected for terms of two years, three for terms of four years, and three for terms of six years, and (2) the terms of all members shall expire on the first Monday of December immediately following the municipal election at which the first elective Board is elected.

Philadelphia Home Rule Charter § 12-204 Removal of Members of the Board.

§ 12-204. Removal of Members of the Board. Members of the Board of Education shall serve at the pleasure of the Mayor, except that if later there be an elective Board, elected members may be removed as provided by law. Before removing any appointed member from the Board, the Mayor shall, at least ten (10) days before the date of removal, provide written notice to the Board member, with copies to the President of City Council and the Chief Clerk of City Council, that the Mayor intends to remove the member from the Board and providing the reasons therefor, which reasons shall be stated with specificity and demonstrate the member's unfitness to serve. Notes 317 | Amended by approval of the voters at the election held on May 15, 2018, and certified on June 4, 2018. See Bill No. 171109-A (approved March 23, 2018); Resolution No. 180112 (adopted March 8, 2018).

Philadelphia Home Rule Charter § 12-205 Vacancies on the Board.

§ 12-205. Vacancies on the Board. A vacancy in the office of member of the Board of Education shall be filled for the balance of the unexpired term in the same manner in which the member was selected who died or resigned. If a member of the Board is removed from office, the resulting vacancy shall be filled as provided by law.

Philadelphia Home Rule Charter § 12-206 Educational Nominating Panel; Method of Selection.

§ 12-206. Educational Nominating Panel; Method of Selection. (a) The Mayor shall appoint an Educational Nominating Panel consisting of thirteen (13) members. Members of the Panel shall be registered voters of the City and shall serve for terms of four years from the dates of their appointment. (b) Nine members of the Educational Nominating Panel shall be the highest ranking officers of City-wide organizations or institutions which are, respectively: (1) a labor union council or other organization of unions of workers and employees organized and operated for the benefit of such workers and employees, (2) a council, chamber, or other organization established for the purpose of general improvement and benefit of commerce and industry, (3) a public school parent-teachers association, (4) a community organization of citizens established for the purpose of improvement of public education, (5) a federation, council, or other organization of non-partisan neighborhood or community associations, (6) a league, association, or other organization established for the purpose of improvement of human and inter-group relations, (7) a non-partisan committee, league, council, or other organization established for the purpose of improvement of governmental, political, social, or economic conditions, (8) a degree-granting institution of higher education whose principal educational facilities are located within Philadelphia, and (9) a council, association, or other organization dedicated to community planning of health and welfare services or of the physical resources and environment of the City. (c) In order to represent adequately the entire community, the four other members of the Educational Nominating Panel shall be appointed by the Mayor from the citizenry at large. (d) In the event no organization as described in one of the clauses (1) through (9) of subsection (b) exists within the City, or in the event there is no such organization any one of whose officers is a registered voter of the City, the Mayor shall appoint the highest ranking officer who is a registered voter of the City from another organization or institution which qualifies under another clause of the subsection. (e) A vacancy in the office of member of the Educational Nominating Panel shall be filled with the balance of the unexpired term in the same manner in which the member was selected who died, resigned, or was removed. (f) The Educational Nominating Panel shall elect its own officers and adopt rules of procedure.

Philadelphia Home Rule Charter § 12-207 The Educational Nominating Panel; Duties and Procedure.

§ 12-207. The Educational Nominating Panel; Duties and Procedure. (a) The Mayor shall appoint and convene the Educational Nominating Panel (1) as soon as practicable after the Mayor's term of office begins, but not later than February 1 of that year, except that if the General Assembly enacts legislation permitting the election of members of the Board on a non-partisan basis, the Mayor shall appoint and convene the Educational Nominating Panel not later than May twenty-fifth of every odd-numbered year, and (2) whenever a vacancy occurs in the membership of the Board of Education. (b) The Panel shall within forty (40) days submit to the Mayor three names of qualified persons for every place on the Board of Education which is to be filled. If the Mayor wishes an additional list of names, the Mayor shall so notify the Panel within ten (10) days. Thereupon the Panel shall within ten (10) days send to the Mayor an additional list of three qualified persons for each place to be filled. The Mayor shall within twenty (20) days make an appointment by providing to Council, for its advice and consent, a name from the list or, as provided in the following subsection, certify a nomination from either list for each place to be filled. 318 (c) If the General Assembly of the Commonwealth shall have previously enacted enabling legislation permitting members of the Board of Education to be elected on a non-partisan basis, not later than September fifteenth of the odd-numbered year in which the legislation was enacted or the ensuing odd-numbered year, the Mayor shall select nine names from either one or two lists of 27 names submitted by the Educational Nominating Panel according to the procedure set forth in subsection (b) and, subject to the advice and consent of Council, shall certify those nine names to the county board of elections as the Mayor's nominations for members of the Board of Education. In certifying the names of the nominees to the county board of elections the Mayor shall designate three of the Mayor's nominees as candidates for terms of two years, three for terms of four years and three for terms of six years. The ballots or ballot labels shall not contain any party designation for any of the candidates nominated by the Mayor, and under each name there will be a space permitting the voter to write in the name of any other person. In every instance the Mayor's candidate will be elected if, but only if, the candidate receives more votes than any other candidate whose name is written in. In every subsequent odd-numbered year, three members of the Board shall be nominated by the Mayor from names submitted to the Mayor by the Educational Nominating Panel and elected in the same manner provided by this subsection, and whenever a vacancy occurs the procedure for filling it shall be similar whether the vacancy be filled at a special election proclaimed by the Mayor or at a municipal election. 319 (d) The Educational Nominating Panel shall invite business, civic, professional, labor, and other organizations, as well as individuals, situated or resident within the City to submit for consideration by the Panel the names of persons qualified to serve as members of the Board of Education. The Panel shall take appropriate steps to publicize the invitation and the selection process, including by advertising at least to the same extent as the City is required to advertise invitations to bid on City contracts pursuant to Section 8-200(2) of the Philadelphia Home Rule Charter. 320 (e) Nothing herein provided shall preclude the Panel from recommending and the Mayor from appointing or nominating persons who have previously served on any board of public education other than the Board of Education created by these charter provisions. Notes 318 | Amended by approval of the voters at the election held on May 15, 2018, and certified on June 4, 2018. See Bill No. 171109-A (approved March 23, 2018); Resolution No. 180112 (adopted March 8, 2018). 319 | Amended by approval of the voters at the election held on May 15, 2018, and certified on June 4, 2018. See Bill No. 171109-A (approved March 23, 2018); Resolution No. 180112 (adopted March 8, 2018). Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220002 (approved February 25, 2022); Resolution No. 220010 (adopted February 24, 2022). 320 | Amended by approval of the voters at the election held on May 15, 2018, and certified on June 4, 2018. See Bill No. 171109-A (approved March 23, 2018); Resolution No. 180112 (adopted March 8, 2018).

Philadelphia Home Rule Charter § 12-208 Officers of the Board of Education; Their Duties.

§ 12-208. Officers of the Board of Education; Their Duties. (a) The officers of the Board of Education shall be a President, a Vice-President, a Superintendent of Schools who shall be Secretary and Treasurer of the Board and such other officers as the Board may from time to determine and who shall have such duties as the Board shall prescribe. (b) The Superintendent of Schools shall attend all meetings of the Board, and may attend all meetings of any Board committees, except those concerned with the Superintendent's own salary, benefits, or tenure. The Superintendent shall have the right to advise on any question or matter under consideration but shall have no right to vote. 321 (c) As Secretary and Treasurer of the Board the Superintendent shall perform such duties pertaining to the business of the District as are required by law or as the Board may direct. Notes 321 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220002 (approved February 25, 2022); Resolution No. 220010 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 12-209 Organization and Procedures.

§ 12-209. Organization and Procedures. (a) The Board of Education shall hold an annual organization meeting on the first Monday of December and shall by a majority vote of all its members elect a President and a Vice-President from among its members. (b) The Board shall hold public meetings not less often than once every two months during the school year. All meetings of the Board shall be public except when the President, in the President's discretion, or two-thirds of the members of the Board on a roll-call vote, shall order an executive session. The Board, the Mayor and City Council shall also meet publicly at least twice during the school year in City Council chambers to review and discuss the administration, management, operations and finances of the School District in order to develop and adopt plans to coordinate their activities for the improvement and benefit of public education in Philadelphia. 322 (c) A majority of all the members of the Board shall constitute a quorum for the transaction of business. No action of the Board shall be binding unless a majority of the members present at a public meeting shall be recorded as voting in its favor, except as otherwise provided in this Article or by law. (d) The Board may adopt rules for its government as provided in the Philadelphia Home Rule Charter to which this Article is a Supplement. Notes 322 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220002 (approved February 25, 2022); Resolution No. 220010 (adopted February 24, 2022).

Philadelphia Home Rule Charter § 12-210 School Auditors.

§ 12-210. School Auditors. (a) The Board of Education shall appoint the City Controller of the City as School Auditor for the purpose of conducting an annual post-audit of the finances of every department of the District, and of all persons handling the funds of the District, including the accounts of the receiver of school taxes, the Treasurer of the Board, school depositories, teachers' retirement funds, directors' association funds, sinking funds, and all other funds belonging to or controlled by the District. At the end of each fiscal year after conducting such audit the School Auditor shall certify to the Board that the School Auditor has audited these accounts and report to the Board the result of such audit. A summary of the annual audit shall be published by the Board once a week for three successive weeks, beginning the first week after the audit has been furnished to the Board, in two newspapers of general circulation printed in the City. In addition to such publication, the Board shall make available to the public a reasonable number of copies of the complete audit report and shall, in its publication of the summary, state where copies may be obtained or inspected. 323 (b) The Board shall have the power to retain a competent and responsible firm of certified public accountants to conduct an objective and independent audit of the finances of the School District and to review the audit reports of the School Auditor, and to report the results of such audit to the Board. The Board shall cause such report to be published in the same manner as the annual audit report of the School Auditor is required to be published. _______________ Notes 323 | Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220002 (approved February 25, 2022); Resolution No. 220010 (adopted February 24, 2022).

Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-266155Fetched: 10/27/2026