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MOSAICA ACAD. CHAR. SCH. v. DEPT. OF EDUC.

813 A.2d 813 (2002)

MOSAICA ACADEMY CHARTER SCHOOL, Lisa Mayo and Desiree McCall v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION; Eugene Hickok, In His Capacity As Secretary of Education of The Commonwealth of Pennsylvania; The School District of Philadelphia Board of Education and David Hornbeck, In His Capacity as Superintendent of The School District of Philadelphia v. Bensalem Township School District, Ruth E. Bell, President, Board of School Directors Appeal of School District of Philadelphia Board of Education and David Hornbeck, In His Capacity As Superintendent of The School District of Philadelphia.

Supreme Court of Pennsylvania.

Decided December 31, 2002.

Attorney(s) appearing for the Case

Danielle Banks, Michael David O'Mara, Andre L. Dennis, Philadelphia, for appellants, School Dist. of Philadelphia Bd. of Educ. and David Hornbeck, in his capacity as Superintendent of School District of Philadelphia.

William R. Lloyd, Harrisburg, for appellant amicus curiae, PA State Educ. Ass'n.

Janetta Fink Call, for appellees, Mosaica Academy Charter School, Lisa Mayo and Desiree McCall.

Jason R. Wiley, New Britain, for appellees, Bensalem Tp. School Dist. and Ruth E. Bell.

Karen S. Feuchtenberger, Harrisburg, for appellee, Com. Dept. of Educ.

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

OPINION

Chief Justice ZAPPALA.

This direct appeal involves a declaratory judgment action brought by Mosaica Academy Charter School to compel Philadelphia School District to pay its tuition subsidies due under the Charter School Law (CSL)1 and to provide transportation to resident students attending the charter school. The Commonwealth Court granted summary judgment in favor of...

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