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ACHIEVEMENT CHARTER ELEM. v. SCHOOL DIST.

No. 31 EM 2014

132 A.3d 957 (2016)

WEST PHILADELPHIA ACHIEVEMENT CHARTER ELEMENTARY SCHOOL, Petitioner v. The SCHOOL DISTRICT OF PHILADELPHIA and School Reform Commission, Respondents.

Supreme Court of Pennsylvania.

Re-Submitted January 20, 2016.

Decided February 16, 2016.

Attorney(s) appearing for the Case

Roberto Tomas Datorre, Esq. , Robert M. Tomaine, Esq. , PA Department of Education, James David Schultz, Esq. , Philadelphia, for Pennsylvania Department of Education and Acting Secretary of Education, amicus curiae.

Kevin Michael McKenna, Esq. , Nicole DiRado Snyder, Esq. , Exton, for MaST Community Charter School and Pennsylvania Coalition of Public Charter Schools, amici curiae.

J. Bart DeLone, Esq. , for Attorney General's Office.

Robert W. O'Donnell, Esq. , Jeffrey Ryan Stacey, Esq. , O'Donnell & Associates, for West Philadelphia Achievement Charter Elementary School.

Arleigh Pritchard Helfer III, Esq. , Deena Jo Schneider, Esq. , Carl A. Solano, Esq. , Schnader Harrison Segal & Lewis, LLP, Philadelphia, for School District of Philadelphia and School Reform Commission.

SAYLOR, C.J., EAKIN, BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.

OPINION

In this matter we address whether legislation designed to help the Philadelphia School District recover from financial hardship violates the non-delegation rule.

Public schools in Pennsylvania are governed by the Public School Code of 1949.1 In 1959, Article VI(F...

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