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SLIPPERY ROCK v. CYBER CHARTER SCHOOL

No. 27 WAP 2010.

31 A.3d 657 (2011)

SLIPPERY ROCK AREA SCHOOL DISTRICT, Appellant v. PENNSYLVANIA CYBER CHARTER SCHOOL, Appellee.

Supreme Court of Pennsylvania.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Thomas W. King III , Thomas E. Breth , Dillon McCandless King Coulter & Graham L.L.P., Butler, for Slippery Rock Area School District, Appellant.

Shon Kelly Worner , W. Timothy Barry & Associates, L.L.C., Canonsburg, for Pennsylvania Cyber Charter School, Appellee.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice ORIE MELVIN.

We granted review to determine whether a public school district is obligated to fund a kindergarten program offered by a cyber charter school for a four-year-old student when the district has exercised its discretion not to offer such a program in its public schools. For the reasons that follow, we conclude that the school district is not required to fund the program. Accordingly, we reverse the order of the Commonwealth...

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