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HARRISBURG SCHOOL DIST. v. ZOGBY

828 A.2d 1079 (2003)

HARRISBURG SCHOOL DISTRICT, Harrisburg School Board, Joseph C. Brown, Linda M. Cammack, Kenneth Leister, 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 Samantha Wilson, Grace Bryant, Glenise Cobb-Wingfield, individually, and as parent and natural guardian of Johnathan Wingfield and Asia Wingfield, and Citizens Concerned for Children First, by Dwayne Blount and Dale Carter, Trustees Ad Litem v. Charles B. ZOGBY, Secretary of Education, Commonwealth of Pennsylvania, Stephen R. Reed, Mayor of Harrisburg, Jane/John Doe I, Jane/John 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. Appeals of Charles B. ZOGBY, Secretary of the Pennsylvania Department of Education @1MAP2002; Board of Control of the Harrisburg School District @2MAP2002 and 12MAP2002; Stephen R. Reed, Mayor of Harrisburg @7MAP2002 and 14MAP2002.

Supreme Court of Pennsylvania.

Decided July 22, 2003.

Attorney(s) appearing for the Case

John G. Knorr, Daniel J. Doyle, Harrisburg, for Charles B. Zogby.

Linda J. Shorey, Julia Marie Glencer, John P. Krill, for Presiding Officers of the General Assembly of the Com. of PA, Appellant Amicus Curiae.

David Fredrick Russey, Charles B. Gibbons, Pittsburgh, Thomas Peter Brogan, Harrisburg, for Stephen R. Reed.

Nathan Harlan Waters, for Potential Members of the Board of Control for the Harrisburg School District.

Royce Leon Morris, Steven Edward Grubb, David M. Steckel, Ronald M. Katzman, Harrisburg, for Harrisburg School District et al., Appellees.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

JUSTICE SAYLOR.

This is a direct appeal from an order of the Commonwealth Court invalidating an amendment to Pennsylvania's Educational Empowerment Act which would allow the mayors of certain medium-sized cities within the Commonwealth to assume control of failing school districts. The primary issue presented is whether the amendment in question constitutes special legislation in violation of Article III, Section 32 of the Pennsylvania Constitution...

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