THE BOARD OF EDUCATION; POWERS AND DUTIES

Philadelphia Home Rule Charter art. XII, ch. 3

in effect

Philadelphia Home Rule Charter § 12-300 General Powers.

§ 12-300. General Powers. To enable it to administer, manage, and operate the School District of Philadelphia, the Board of Education shall have the powers and duties enumerated herein and any other powers and duties, not inconsistent with law, which are necessary to carry into effect the powers and duties conferred upon it in this Article. The Board shall succeed to, and shall possess all the powers, rights, and privileges, not inconsistent with law, formerly possessed by the Board of Public Education of Philadelphia.

Philadelphia Home Rule Charter § 12-301 Appointment, Compensation and Term of the Superintendent of Schools.

§ 12-301. Appointment, Compensation and Term of the Superintendent of Schools. The Board of Education shall, by majority vote of all its members, elect and fix the compensation of the Superintendent of Schools, whose term shall be not more than six years, renewable at the discretion of the Board.

Philadelphia Home Rule Charter § 12-302 Fiscal Year.

§ 12-302. Fiscal Year. The Board of Education shall adopt a date for the beginning of each fiscal year appropriate to the requirements of the District and shall adopt a fiscal calendar consistent with such fiscal year and with all public notice and other timing requirements of this Article and state law. Any change in fiscal year shall be made only after public notice and public hearing on the proposed change. Not less than ninety (90) days prior to any proposed change in fiscal year, the Board shall publish, by advertisement at least once in two newspapers of general circulation printed in the City, notice of such proposed change; such advertisement shall include notice of public hearing scheduled for not less than sixty (60) days before such change is to become effective.

Philadelphia Home Rule Charter § 12-303 Annual Operating Budget and Annual Revenue Estimate.

§ 12-303. Annual Operating Budget and Annual Revenue Estimate. (a) The Board of Education shall, at least thirty (30) days before the end of the fiscal year, adopt by majority vote of all its members an operating budget setting forth in lump sum amounts the proposed expenditures of the Board during the next fiscal year as to each principal administrative unit of the District, according to such classes of expenditures as the Board may determine, and the estimated receipts of the Board during the next fiscal year, including approximate estimates of proposed revenues and all other receipts. The total amount of proposed expenditures shall not exceed the amount of funds available for School District purposes. (b) At least sixty (60) days prior to adoption of the annual operating budget, the Board shall adopt and submit to the Mayor and Council a lump sum statement of anticipated receipts and expenditures for the next fiscal year and a request for authority to levy taxes to balance its budget for the year. Provided, however, that if Council shall no longer have the power to authorize taxes for School District purposes, the statement need not be submitted to the Mayor and Council. (c) The Board shall, at least thirty (30) days prior to the time any budget or amendment thereto is adopted, conduct at least one public bearing thereon. At least thirty (30) days' notice of such public hearings shall be published by advertisement at least once in two newspapers of general circulation printed in the City. The Board shall make available to the public a reasonable number of copies of such budget or amendment, and the notice of public hearing shall state where copies may be obtained or inspected. (d) The Board shall have the power to amend the budget to authorize the transfer of any unencumbered balance, or any portion thereof, from one appropriation to another, or from one spending agency to another. (e) The Board shall have the power to make additional appropriations or increase existing appropriations to meet emergencies which could not be anticipated when the budget was adopted, the funds therefor to be provided from unexpended balances in existing appropriations, from unappropriated revenues, if any, or from temporary loans. Under no other circumstances may the Board increase the aggregate total of budget appropriations unless unappropriated revenues become available in sufficient amount to maintain the budget in balance, in which event the Board may make additional or increased appropriations.

Philadelphia Home Rule Charter § 12-304 Capital Program and Capital Budget.

§ 12-304. Capital Program and Capital Budget. (a) Not later than the date of adoption of the annual budget, the Board of Education shall, by a majority vote of all its members, adopt a capital program and capital budget for the District. The capital budget shall at all times conform to the capital program and shall show in detail the capital expenditures to be made or incurred in the next fiscal year that are to be financed from funds subject to control or appropriation by the Board. (b) The capital program shall embrace all physical public improvements and any preliminary studies and surveys relative thereto, the acquisition of property of a permanent nature, and the purchase of equipment for any improvement when first erected or acquired that are to be financed in whole or in part from funds subject to control or appropriation by the Board. It shall show the capital expenditures which are planned for each of the six ensuing fiscal years. For each separate purpose, project, facility, or other property, there shall be shown the amount, if any, and the source of the money that has been spent, encumbered, or is intended to be spent or encumbered prior to the beginning of the ensuing fiscal year and also the amounts and the sources of the funds that are to be spent during each of the ensuing six years. (c) The capital program shall not be adopted, nor shall it be amended, until the Board of Education has requested the recommendations thereon of the City Planning Commission. The Board shall not be bound by such recommendations and may act without them if they are not received within thirty (30) days from the date they were requested. Immediately upon adoption of the capital program, the Board shall forward a copy to the City Planning Commission for publication as part of the capital program document which the City Planning Commission publishes annually. (d) The Board shall at least thirty (30) days prior to the time any capital program or amendment thereto is adopted, conduct at least one public hearing thereon. At least thirty (30) days' notice of such public hearing shall be published by advertisement at least once in two newspapers of general circulation printed in the City. The Board shall make available to the public a reasonable number of copies of such program, and the notice of public hearing shall state where copies may be obtained or inspected.

Philadelphia Home Rule Charter § 12-305 Tax Levy.

§ 12-305. Tax Levy. (a) The Board of Education shall levy taxes annually within such limits and upon such subjects as the General Assembly of the Commonwealth or the Council of the City may from time to time prescribe, in amounts sufficient to provide funds for the current operation of the schools of the District, the payment of interest and sinking fund charges on or other amortization of the debt of the District and its predecessor districts, and to provide for any services which may be incidental to the operation of the schools. Provided, that if the rate of taxation shall be fixed at a mill rate it shall also be stated in dollars and cents on each one hundred dollars of assessed valuation. (b) When any levy of school taxes has been made by the Board, the Board shall forthwith certify the levy, under the seal of the District attested by the President and Secretary of the Board, to the proper authority of the City of Philadelphia authorized to prepare tax duplicates, to be entered thereon, and by such authority to be properly certified to the City's Department of Collections. The school taxes shall be collected as provided by law, at the same time, in the same manner and with like authority, subject to the same discounts and penalties as other taxes collected in the City. (c) If the General Assembly of the Commonwealth shall enact legislation bestowing taxing power on the Board of Education, the Board shall levy and collect taxes as provided in the enabling act.

Philadelphia Home Rule Charter § 12-306 Indebtedness.

§ 12-306. Indebtedness. The Board of Education shall have the power to create and incur indebtedness against the District and issue bonds to secure the same for the purposes and payable as provided by law, but no debt shall be incurred or increased which will cause the aggregate indebtedness to exceed at any one time five (5) per cent of the assessed value of the taxable property within the District without the consent of the electors thereof at a public election in such manner as shall be provided by law, nor shall the aggregate indebtedness of the District exceed fifteen (15) per cent of the last assessed valuation of property taxable for school purposes in the District.

Philadelphia Home Rule Charter § 12-307 Comprehensive Plan.

§ 12-307. Comprehensive Plan. The Board of Education shall furnish the City Planning Commission adequate information with respect to school needs and projections to enable the Commission to take such into account in its planning and to include schools in each revision of the City Comprehensive Development Plan.

Philadelphia Home Rule Charter § 12-308 Personnel Policies.

§ 12-308. Personnel Policies. (a) The Board of Education shall establish a table of organization setting forth a roster of positions for each principal administrative unit of the District and shall require the Superintendent of Schools to report monthly any changes made in the table. (b) The Board shall adopt regulations based on merit principles and scientific methods governing all incidents of employment, including appointment, promotion, demotion, removal and discipline for all employees of the District except the following: (1) Deputy Superintendents, associate superintendents, district superintendents, directors of departments responsible directly to the Superintendent or to any deputy superintendent, and such personal assistants as the Superintendent may require; (2) Persons employed by contract to perform special services for the District where the Superintendent certifies that such services cannot be performed by District employees; and (3) Persons temporarily appointed or designated to make or conduct a special inquiry or study, or to perform a special service of a unique character which cannot or should not be performed by regular District employees. (4) In addition, the Superintendent of Schools may, with the consent of the Board, exempt not more than five per centum (5%) of the professional employees of the District. (c) The personnel regulations adopted by the Board shall provide for the preparation, maintenance and revision of a position classification plan and of a pay plan for all employees, policies and procedures for recruitment, examinations, promotions, eligible lists and certifications, provisional and emergency appointments, suspension, discharge or reduction in rank, hours of work, holidays, leaves and vacations, employee hearings and such other matters as may be necessary or proper. Copies of the personnel regulations shall be available for public information and distribution at all times. (d) The Board shall in its personnel regulations preserve and safeguard all rights of employment, status, and tenure of all employees of the School District which exist at the time of adoption of this Article, and of employees of any other governmental agency who may become employees of the School District by virtue of the operation of the provisions of this Article, consistent with law and the requirements of a fair and effective system of personnel administration.

Philadelphia Home Rule Charter § 12-309 Cooperative Agreements.

§ 12-309. Cooperative Agreements. (a) The Board of Education shall have the authority to enter into agreements relating to, but not limited to, joint tax collection, joint purchasing of supplies, equipment and contractual services, use of recreational and park equipment and facilities, control and prevention of juvenile delinquency, city planning, capital budgeting, capital programming, comprehensive development planning and health services with any department, agency, office, board or commission of the City, or with any agency of the Commonwealth or of the United States, or with any non-profit private agency, when, in the opinion of the Board, such agreement will further the efficient and effective administration of public education. In any such agreements, the Board shall, insofar as possible, safeguard all rights of employment, status, and tenure of employees who may be transferred into or out of School District service by virtue of the operation of such agreements. (b) Unless otherwise prohibited by law, the Board shall have the authority to extend to all children residing in the District any service, welfare benefit, or educational incentive provided by the District under programs sponsored by the District, or by any municipal, state, federal or non-profit private agency, and to admit any such child to any course or program which the Board shall determine to be the subject of a dual enrollment program. The Board shall have the authority to enter into such agreements or arrangements with any public or non-profit agency as are necessary or proper to the effectuation of this section. (c) The Board shall have the authority to maintain or support job placement centers, independently or in conjunction with any other governmental agency, for the purpose of collection and dissemination of information relating to employment opportunities available to graduates of, or dropouts from, any school administered by the District.

Philadelphia Home Rule Charter § 12-310 General Public Hearings.

§ 12-310. General Public Hearings. The Board of Education shall hold not less than two public hearings during the year in addition to any other regularly scheduled hearings, for the specific purpose of considering all school issues or school problems of public interest. At least thirty (30) days prior to the date of any such hearing the Board shall publish by advertisement at least once in two newspapers of general circulation printed in the City notice that the hearing will be held. Interested persons may present written statements to the Board relating to proposed issues to be considered at the hearing not less than fifteen (15) days prior thereto.

Philadelphia Home Rule Charter § 12-311 Parent and Community Advisory Council.

§ 12-311. Parent and Community Advisory Council. The Board of Education shall convene at least twice-yearly a Parent and Community Advisory Council comprised of stakeholders from across the City to consult on issues pertaining to educational policy and family and community engagement in schools. _______________ Notes 324 | Added 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).

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/0-0-0-266203Fetched: 10/27/2026