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SCHOOL DIST. OF PHILA. v. DEPT. OF EDUC.

Nos. 360 C.D. 2011, 498 C.D. 2011

41 A.3d 222 (2012)

The SCHOOL DISTRICT OF PHILADELPHIA, Petitioner v. DEPARTMENT OF EDUCATION, Respondent. Walter D. Palmer Leadership Learning Partners Charter School, Petitioner v. Department of Education, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 3, 2012.

Attorney(s) appearing for the Case

Michael I. Levin , Huntingdon Valley, for designated petitioner.

Karen S. Feuchtenberger , Harrisburg, for respondent.

Joseph T. Doyle , Media, for intervenor Walter D. Palmer Leadership Learning Partners Charter School.

BEFORE: PELLEGRINI, President Judge, and LEADBETTER, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and COVEY, Judge.

OPINION BY Judge COVEY.

The School District of Philadelphia (District) and Walter D. Palmer Leadership Learning Partners Charter School (Charter School) appeal the March 4, 2011 order of the Secretary of Education (Secretary), wherein, he determined that the enrollment cap was assented to by the Charter School for school year 2007-2008, but that the enrollment cap incorporated into the 2005 charter agreement was not valid as to school years 2008-2009, and 2009-2010...

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