Pennsbury Act 34 Hearing Scheduled September 4th

September 3, 2025

The Pennsbury School District is preparing to embark on one of its most ambitious infrastructure projects in decades: the construction of a brand-new, unified Pennsbury High School. At the heart of this initiative is the Act 34 Hearing, a legally mandated public forum designed to present the scope, rationale, and financial impact of the proposed project to district residents and employees.

The hearing will take place on September 4, 2025 at Fallsington Elementary at 7pm…coincidentally scheduled during the Philadelphia Eagles opening game of the NFL season. For those unable to attend, note that written testimony is given the same weight by the Pennsylvania Department of Education as oral public comment. Written testimony can be mailed to the following address:

Thomas A. Smith, Ed. D., Superintendent
Pennsbury School District
134 Yardley Avenue
Fallsington, PA 19054

This blog recommends that anyone providing written testimony also be sent digital to [email protected] to ensure your remarks aren’t “lost in the mail” or “mishandled” by the Pennsbury Administration staff. All email communications received by the Pennsbury are required by law to be saved for a minimum of two year.

What Is Act 34 And How Does It Protect The Community?

Act 34 of 1973, also known as the “Taj Mahal Act,” mandates that public hearings be held for significant construction projects involving new school buildings or substantial additions to existing buildings. This applies when floor space increases by 20% or more. The act requires school districts to justify the need for these projects, provide descriptions, disclose maximum costs, and outline financing plans and tax impacts.

Act 34 prioritizes transparency and public input by ensuring that communities are informed and involved in the decision-making process. Public hearings allow citizens to review and discuss proposed projects, with documentation like floor plans made available for at least 30 days. This ensures that the community can voice concerns, suggest alternatives, and hold school boards accountable for their decisions.

By requiring thorough public scrutiny and a potential referendum if project costs exceed certain limits, Act 34 aims to protect the financial interests of residents. It helps prevent exorbitant spending on school construction without adequate justification and citizen approval. This process ensures that taxpayer money is spent wisely and that new construction projects genuinely meet the community’s needs.

Why Is District Saying They Need a New High School?

The current campus—comprised of Pennsbury East, Pennsbury West, and the Natatorium—is fragmented, outdated, and non-compliant with ADA standards. Students must traverse nearly 1,800 feet between buildings, often outdoors, creating safety and accessibility concerns. Classrooms lack natural light, are undersized, and do not support modern teaching methods. The Natatorium’s six-lane pool is insufficient for hosting competitive events, and infrastructure across all buildings is inefficient and costly to maintain

What’s Being Proposed?

The district plans to construct a 497,000-square-foot, three-story high school on the existing site. Key features include:

  • A secured main entrance with administrative offices
  • A 1,000-seat auditorium and black box theater
  • A centralized “Pennsbury Path” for safe student circulation
  • A learning courtyard for natural light and outdoor instruction
  • Athletic facilities including a 3,000-seat gym, 8-lane pool, and multiple auxiliary spaces
  • Flexible classrooms and small-group learning areas to support evolving curriculum models

Upon completion, the existing buildings—including Village Park Elementary—will be demolished to streamline the site layout and improve safety. The Pennsbury School District gave limited to no consideration for alternative options such as a Renovation/Expansion of PHS West which would cost $80M+ less than a new build despite the building core being renovated in 2005 at a cost of $45M. Financials of the district detail persistent re-financing off debts, suggesting no principal has ever been paid down on the previous PHS West renovation.

Financials & Tax Impact

The total project cost for the new Pennsbury High School is estimated at $269,546,944, with a maximum building construction cost of $212,409,380 as defined under Act 34. This figure represents the district’s declared construction ceiling for the school building itself, excluding ancillary costs like site work, furnishings, and financing.

Under Act 34, if the actual building construction cost exceeds $217,119,048, the district would be legally required to hold a voter referendum before proceeding. This threshold is known as the aggregate building expenditure standard, and it functions as a safeguard to ensure public oversight if costs escalate beyond the approved scope. If quotes received exceed the estimated building construction costs by $4,709,668, either a referendum will be required or Pennsbury can make alterations to its plans and initiate a second Act 34 Hearing.

Separately, Act 1 imposes a debt capacity limit. As confirmed by the Bucks County Herald, the Pennsbury School District has stated that the total project cost cannot exceed $304 million, which is the district’s maximum allowable debt capacity under Act 1. This cap includes all financing, contingencies, and non-construction expenses.

To fund the project, the district plans to issue general obligation bonds, with total principal and interest payments projected to reach $569.4 million, paid off by the early 2060s. The estimated millage impact is 14.60 mills, and the district anticipates no increase in operational costs due to efficiencies gained from the new building’s design. Details of Pennsbury’s financial condition will be presented by PFM Financial Advisors, LLC, the same organization that was responsible for the financial forecasts that came under fire in public meetings for numerous mathematical errors during the failed Pennsbury – Morrisville Merger Feasibility Study that was halted in June 2023.

What Lies Beneath?

As Pennsbury School District advances its plan to build a new consolidated high school, the environmental assessments tied to the main construction site may warrant closer scrutiny. While the District performed geological and wetlands studies, the summaries provided offer limited insight into the scope, methodology, or long-term implications of those findings per the Act 34 Hearing Packet. With nearly 500,000 square feet of new construction planned, it is critical that these concerns are resolved before groundbreaking to avoid costly change orders for unforeseen developments

PSD411 has previously alerted the community of environmental concerns posed identified thought RTKs submitted by the District. The following are some of our previous posts regarding the land under consideration for the construction build:

In a project of this magnitude, environmental due diligence should be more than a checkbox. The community deserves access to all the detailed reports and a clear plan for monitoring, accountability, and remediation. Until those details are made public, the environmental integrity of the Pennsbury High School project remains an open question.

Read The Act 34 Packet Yourself

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