Pennsylvania Education Legislative History
As time advances, so does our approach to public education within the United States and the commonwealth. Pennsylvania’s public education system predates its statehood (and the United States) and draws inspiration from laws originating in England. In this establishment period, we’ll explore how the foundation for public education within the state was laid. These foundations are the ones the state would later reorganize upon, eventually leading to the Chartiers Valley School District we have today.
Editors Note: All of the legal documents referenced here have the full legislative PDFs available for your download directly from our site. A special thank you to the PA House of Representatives archivists, specifically Jennifer Ott, for their assistance in locating and providing some of the scans available here.
William Penn’s Frame of Government (1682 - 1776)
Prior to Pennsylvania becoming the second of the thirteen original colonies to ratify the United States constitution and obtain statehood, William Penn’s Frame of Government[1] provided a proto-constitution for the Province of Pennsylvania. The charter of Pennsylvania was signed largely due to King Charles II oweing the father of William Penn 16,000 pounds.[2] Under this document, the first reference to public schools was made:
XII. That the Governor and Provincial Council, shall erect and order all public Schools, and encourage and reward the authors of useful Sciences and laudable Inventions in the said province.
XXVIII. That all children, within this province, of the age of twelve years, shall be taught some useful trade or skill, to the end none may be idle, but the poor may work to live, and the rich, if they become poor, may not want.
The History of School Funding in Pennsylvania report is a great resource that details the history of education funding in Pennsylvania, including the several constitutional amendments and congressional reports that lead to the funding system utilized today. It covers history and funding from 1682 through the 1990s.
First State Constitution (1776 - 1790)
On September 28, 1776, Pennsylvania ratified the first of five eventual state constitutions. It was in this constitution the first Pennsylvania state mandate for public education was made:
Sec. 44. A school or schools shall be established in each county by the legislature, for the convenient instruction of youth, with such salaries to the masters paid by the public, as may enable them to instruct youth at low prices: And all useful learning shall be duly encouraged and promoted in one or more universities.
Pennsylvania would later ratify the U.S. Constitution on December 12, 1787; it was the second of the original 13 states to join the Union. At this time, the main responsibilities for public education and their management were with the state and local governments. The new federal government passed federal land grants in 1785 and 1786 that allowed for grants of federal lands for the premise of educational institutions. Although the land would be granted by the federal government, funding for the schools, their staff, their pupils, and their buildings was still the responsibility of the state. “Colleges and academies received grants of money and land, but public schools never received any benefit from such grants.”[6]
Second State Constitution (1790 - 1838)
In October 1790, Pennsylvania ratified the second state constitution. This constitution was the first reference to free public education to be provided by the state.
ARTICLE VII Of Public Schools. Section I. The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the state, in such manner that the poor may be taught gratis.
School Acts (1809 - 1874)
The School Act of 1809 was passed as a way to fund education for poor students. Under this act, the county treasurer would survey families unable to afford education and collect taxes from more wealthy households. While well intentioned, the act failed to achieve its intended purpose with families wanting to avoid publicly declaring themselves poor.[2] This often resulted in their children going entirely uneducated.
By this legislation no attempt was made to establish or regulate a single school, nor did it attempt to regulate in any way the existing ones. However, it compelled parents to make a public record of their poverty and give their children that stigma. This was the outstanding defect of the law.
A law was later passed in 1818 which provided for establishing common schools in Philadelphia, and again in 1821 for Cumberland, Dauphin, Lancaster, and Allegheny counties, to educate the poor under the 1809 plan. A common school means an elementary or secondary school managed and funded by the state through taxation. Several governors from 1821 through 1831 advocated for public education reform, “A system of schools in which the poorer classes were forced publicly to make a show of their poverty could not be maintained forever. Thus, the stage was set for the inauguration of a new system.”[6]
By 1830, legislators across the then 24 states began advocating for universal public education that was funded by the state and available to all students, regardless of class.[4] While this movement began in Massachusetts, it slowly permeated the state legislature divides leading to vocal majority. Around this time, the concept of “three R’s” was introduced:
Common schools would teach the “three R’s” (reading, writing, arithmetic), along with other subjects such as history, geography, grammar, and rhetoric. A strong dose of moral instruction would also be provided to instill civic virtues.
In 1831, Governor Wolf (1829-1835) commissioned a study, later delivered to the General Assembly, reporting that only 37.5% of school-age children were receiving formal schooling. The study spurred action, albeit slowly, from the General Assembly.
Despite the forward momentum, the 1832 - 1833 legislative session failed to pass a law enacting free public education.[6] It was not until the next legislative session in late 1833 that the newly elected legislature presented eagerness to advance public education.
On the first day of the session a motion was made in the Senate by Samuel Breck, and seconded by Jacob Kern, that a committee be appointed to work with a similar committee of the House "for the purpose of digesting a system of general education for this Commonwealth, and that all reports, together with the unfinished business of last session, upon that subject, be referred to said joint committee, who are instructed to report as early as possible, by bill or otherwise.
Samuel Breck, now a senator of the state assembly, became known as the “The Father of the Public School Law”[6] for his dedication to the effort. Later in his career, he would propose several bills emancipating slaves in Pennsylvania, although all unfortunately failed to pass. Breck’s committee worked to produce a report on recommended legislation for a new kind of school system within the state. Although the committee's suggestions would ultimately create a public school system for all to attend, the act was specifically not compulsory.[6] Compulsory attendance would not come for several more years in the commonwealth. The "Free School Act of 1834" (formally An Act for the Purpose of General Education of Common Schools - Act 102, page 193 in PDF) provided the authority for the state legislature to create a general state system of common schools and provided authority for elected school boards. Governor Wolf signed the bill into law on April 1, 1834.[6] Under the law, school divisions were required to adopt the measure by majority vote. If a division voted against the measure, the tax supporting the schools would not be levied and no funding provided. The state treasury would maintain a fund for each division in the amount they would have received and distribute it amongst the adopting districts in the region. This act is remembered as one of the most significant milestones in Pennsylvania’s education law.[7] There was an unsuccessful attempt in 1835 to repeal the legislation. Within the years following the passing of the bill, around 500 of Pennsylvania’s 1,000 school districts voted to come under the provisions of the act. It wasn’t until 1837 when this number would increase to around 750 school districts.[6]
1854 saw the first "normal schools," institutions devoted to the training of teachers. The "Normal School Act of 1857"[9], divided the state into twelve normal school districts. These normal school districts did not alter those of common schools. It also authorized private individuals to open normal schools. The system of private ownership proved unsuccessful, however. To attract students (and their tuition fees) entrepreneurs lowered scholastic standards and ignored entrance requirements. In 1911 the state began purchasing normal schools and the basis for admission gradually rose to college standards.
At this point, the state has established a system of common schools for the education of students and a system of normal schools to create qualified educators. The importance of the “Free School Act of 1834” can’t be understated on the quality of education students would begin to receive. In 1830, about 55% of children aged 5 to 14 were enrolled in public schools; by 1870, this figure had risen to about 78%.[4] This system of education would function as designed and boosted enrollment from 1834 until 1874 when the state legislature would again advance the system.
Third Constitution (1874-1968)
Following the momentum of the now rapidly developing education system in the state, Pennsylvania once again revised the state constitution. Under the 1874 constitution, the Pennsylvania legislature was expressly tasked with maintaining a developing education system within the state:
Section 1. Public School System. The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools. Wherein all the children of this Commonwealth above the age of six years may be educated, ... and shall appropriate at least one million dollars each year for that purpose.
Section 2. Diversion of School Moneys to Sectarian Schools. No money raised for the support of the public schools of the Commonwealth shall be appropriated to or used for the support of any sectarian school.
Section 3. Women Eligible as School Officers. Women twenty-one years of age and upward, shall be eligible to any office of control or management under the school laws of this State.
The constitution also expanded the power given the legislature to manage and maintain the schools within the state. The following the excerpt would be challenged repeatedly to the Pennsylvania Supreme Court later in the 1960’s during the reorganization period:
The Constitution of 1874 . . . directed the legislature to maintain a thorough and efficient system of public schools. . . . The school system, or the school districts . . . are but agencies of the state legislature to administer this constitutional duty . . . . They possess only the administrative powers that are expressly granted by the central government or inferred by necessary implication . . .
Act 14 of 1949
In 1949, the Pennsylvania General Assembly passed Act 14 (formally Public School Code of 1949 - page 60 in PDF), establishing that each town, borough, or township in Pennsylvania constitutes its own school district:
Except as otherwise now or hereafter constituted, each city, incorporated town, borough, or township in this Commonwealth, now existing or hereafter created, shall constitute a separate school district, to be designated and known as the "School District of ...........................:" Provided, That where any city, incorporated town, borough, or township, or a part of the school district remaining after its separation would constitute a third or fourth class school district, it shall remain a part of the school district to which it formerly belonged until the change to a new school district is approved by the Council of Basic Education.
Each school district was divided into one of five classes, each determined by the latest census data:
Each school district having a population of one million (1,000,000), or more, shall be a school district of the first class;
Each school district having a population of two hundred fifty thousand (250,000), or more, but of less than one million (1,000,000), shall be a school district of the first class A;
Each school district having a population of thirty thousand (30,000), or more, but of less than two hundred fifty thousand (250,000), shall be a school district of the second class;
Each school district having a population of five thousand (5,000), or more, but of less than thirty thousand (30,000), shall be a school district of the third class.
Each school district having a population of less than five thousand (5,000) shall be a school district of the fourth class.
There would never be a first or second class school district (directly corresponding to a municipality at this time) within the Chartiers Valley area. First class schools were able to develop their own curriculum and had their own boards of education. Second class schools and below did not have their own managing superintendent, nor have their own board of education solely responsible for the district. Instead, these schools reported to the county school division.[12] These classes and below would have managing principals onsite to facilitate daily operations.