¶1concurring and dissenting.
¶2I concur in the majority’s dismissal of Count III of the complaint filed by the Chester Upland Objectors. I would also dismiss Counts I, II, IV, and V; therefore, I dissent to the majority opinion insofar as it denies the Commonwealth’s preliminary objections to those counts.
¶3I disagree with the majority’s conclusion that Act 16 constitutes special legislation in violation Article III, Section 32 of the Pennsylvania Constitution. Act 16 is not legislation for a particular locality or for a private purpose; rather, it was written to address a problem that affects school districts statewide and it applies to all school districts. One small part of Act 16, creates a classification for school districts with a history of low test scores that have been certified as financially distressed for at least two years under the Public School Code; however, the combination of longstanding financial distress and a history of low student test scores amply justify the legislature’s special treatment of Chester Upland School District. The Chester Upland School District has distinguished itself as among the most in need of the potential benefits of immediate application of Act 16’s educational empowerment reforms, and the scope of the School District’s financial distress and financial mismanagement is well documented.
¶4Similarly, equal protection principles do not prohibit the Commonwealth from classifying school districts for the purpose of receiving different treatment and does not require equal treatment of school districts having different needs. Defazio v. Civil Service Commission, 562 Pa. 431, 436, 756 A.2d 1103, 1106 (2000) (quoting Curtis v. Kline, 542 Pa. 249, 666 A.2d 265, 267-68 (1995)). As I have stated, I believe that Act 16’s classification of Chester Upland for special treatment is a reasonable classification, and the classification has a fair and substantial relationship to the object of the legislation; i.e., local education empowerment with the objective of educational reform and increasing students’ test scores.
¶5In Act 16, the General Assembly has addressed the threat to the Commonwealth posed by low student test scores. Within that framework, it has acknowledged that the threat has become a longstanding reality in the Chester Upland School District and the problems of this particular School District could not be worse. For these reasons, I would dismiss the Objectors’ complaint in its entirety.