In Re Establishment of Independent School District

DISSENTING OPINION BY

Senior Judge JIULIANTE.

I respectfully dissent. Unlike the majority, I would not conclude that the presentation of the petition for an independent school district satisfies Petitioners’ burden under Section 242.1(a) of the Public School Code of 1949 (School Code)1 and shifts the burden to the Borough.

The Farrell Area School District (FASD) is a public school district pursuant to the School Code and encompasses the City of Farrell and the Borough. By way of answer to Petitioner’s Petition, the FASD stated that it was without sufficient information to determine whether the…