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

No. 28 EAP 2013.

92 A.3d 746 (2014)

The SCHOOL DISTRICT OF PHILADELPHIA, Appellant v. DEPARTMENT OF EDUCATION, Appellee. The Walter D. Palmer Leadership Learning Partners Charter School, Intervenor.

Supreme Court of Pennsylvania.

Decided May 27, 2014.

Attorney(s) appearing for the Case

David Bradford Lapp, Esq. , Education Law Canter (PA), for Education Law Center.

Michael Elmer Peters, Esq. , Michael Joseph Savona, Esq. , Jenkintown, Eastburn and Gray, P.C., for Chester Community Charter School.

Matthew Hermann Haverstick, Esq. , Mark Edward Seiberling, Esq. , Conrad O'Brien PC, Philadelphia, for Walter D. Palmer Leadership Learning Partners Charter School.

Paul Joseph Cianci, Esq. , Philadelphia, Michael Ira Levin, Esq. , Huntingdon Valley , Levin Legal Group, P.C., Joseph John Langkamer, Esq. , Carl A. Solano, Esq. , Deena Jo Schneider, Esq. , Schnader Harrison Segal & Lewis, L.L.P., Philadelphia, for School District of Philadelphia.

Katherine Marie Fitz Patrick, Esq. , for PA School Boards Association & The School District of Pittsburgh.

Joseph M. Miller, Esq. , Philadelphia, for Department of Education.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

McCAFFERY, Justice.

In this matter, we interpret a provision of the Charter School Law1 that addresses the validity of an enrollment cap included in a written charter. Based on the plain text of 24 P.S. § 17-1723-A(d), we conclude that an enrollment cap is valid if agreed to by the parties as part of a written charter. Accordingly, we reverse.

Pursuant to the...

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