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PA SCHOOL BOARDS ASS'N, INC. v. ZOGBY

802 A.2d 6 (2002)

PENNSYLVANIA SCHOOL BOARDS ASSOCIATION, INC.; the Cameron County School District, the Butler Area School District, the Mars Area School District and the Pocono Mountain School District, Petitioners v. Charles B. ZOGBY, Secretary of Education of the Commonwealth of Pennsylvania; the Pennsylvania Department of Education, Western PA Cyber Charter School, Commonwealth Cyber Charter School, T.E.A.C.H. Charter School, a/k/a Einstein Academy, and the Pennsylvania Virtual Charter School, Respondents.

Commonwealth Court of Pennsylvania.

Decided June 17, 2002.

Attorney(s) appearing for the Case

Michael I. Levin, Huntingdon Valley, for petitioners.

Linda S. Lloyd, Harrisburg, for respondent, C. Zogby.

W. Timothy Barry, Canonsburg, for respondent, Western PA Cyber Charter School.

Howard D. Scher, Philadelphia, for respondent, Einstein Academy.

Kevin M. McKenna, Malvern, for respondent, PA Virtual Charter School.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge, and LEAVITT, Judge.

Opinion by Judge FRIEDMAN.1

Charles B. Zogby, the Secretary of Education of the Commonwealth of Pennsylvania (Secretary), and the Pennsylvania Department of Education (Department) (together, Respondents) have filed preliminary objections to the second amended petition for review (petition for review) filed by the Pennsylvania School Boards Association, Inc. (PSBA), the Cameron County School District, the Butler Area School District, the...

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