FIRST PHILA. PREP. CHARTER SCH. v. COM.

159 M.D. 2017.

179 A.3d 128 (2018)

FIRST PHILADELPHIA PREPARATORY CHARTER SCHOOL, Tacony Academy Charter School, Memphis Street Academy Charter School at J.P. Jones, Lindley Academy Charter School at Birney, f/k/a General David B. Birney Charter School, A String Theory Charter School, f/k/a Philadelphia Performing Arts Charter School, Philadelphia Charter School for Arts and Sciences at H.R. Edmunds, Architecture and Design Charter High School d/b/a Charter High School for Architecture and Design, Petitioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, Pedro Rivera Secretary of Education of the Commonwealth of Pennsylvania, School District of Philadelphia, William Hite, Superintendent of the School District of Philadelphia, Tom Wolf, Governor of the Commonwealth of Pennsylvania, Josh Shapiro, Attorney General of the Commonwealth of Pennsylvania, Joseph Scarnati, III, President Pro Tempore of the Senate of Commonwealth of Pennsylvania, Jay Costa, Minority Leader of the Senate of the Commonwealth of Pennsylvania, Mike Turzai, Speaker of the House of Representatives of the Commonwealth of Pennsylvania and Frank Durmody, Minority Leader of the House of Representatives of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided: February 22, 2018.


Attorney(s) appearing for the Case

Michael Yanoff , Jenkintown, for petitioners.

Paul J. Cianci , Huntingdon Valley, for respondents The School District of Philadelphia and William Hite, Jr.

Roberto T. Datorre , Deputy Chief Counsel, Harrisburg, for respondents Commonwealth of Pennsylvania, Department of Education, Tom Wolf and Pedro Rivera.

Caleb C. Enerson , Deputy Attorney General, Harrisburg, for respondent Josh Shapiro.

Mark E. Seiberling , Philadelphia, for respondents Joseph Scarnati, III, Jay Costa, Mike Turzai and Frank Durmody.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge.


Background

Petitioners are a group of brick-and-mortar charter schools located in Philadelphia that are challenging the charter school per-pupil subsidy rates for the 2016-17 school year established by the School District of Philadelphia (District). Respondents include the Department of Education (PDE...

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