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WILLIAM PENN SCH. v. PA. DEP'T OF EDUC.

No. 587 M.D. 2014.

294 A.3d 537 (2023)

WILLIAM PENN SCHOOL DISTRICT; Panther Valley School District; The School District of Lancaster; Greater Johnstown School District; Wilkes-Barre Area School District; Shenandoah Valley School District; Jamella and Bryant Miller, parents of K.M., a minor; Sheila Armstrong, parent of S.A., minor; Tracey Hughes, parent of P.M.H., minor; Pennsylvania Association of Rural and Small Schools; and The National Association for the Advancement of Colored People-Pennsylvania State Conference, Petitioners, v. PENNSYLVANIA DEPARTMENT OF EDUCATION; Kim L. Ward, in her official capacity as President Pro-Tempore of the Pennsylvania Senate; Mark Rozzi, in his official capacity as the Speaker of the Pennsylvania House of Representatives; Josh Shapiro, in his official capacity as the Governor of the Commonwealth of Pennsylvania; Pennsylvania State Board of Education; and Dr. Khalid N. Mumin, in his official capacity as Acting Secretary of Education, Respondents.

Commonwealth Court of Pennsylvania.

Publication Ordered April 17, 2023.

Attorney(s) appearing for the Case

Daniel L. Cantor , O'Melveny & Myers LLP, New York, NY, for Petitioner William Penn School District.

Daniel Urevick-Ackelsberg and Michael Churchill , Lawyers' Committee for Civil Rights Under Law — The Public Interest Law Center, Philadelphia; and Katrina Robson , O'Melveny & Myers LLP, Washington, DC, for Petitioner Panther Valley School District.

Anne Marchitello , O'Melveny & Myers LLP, Washington D.C.; Nicole M. Argentieri and Christopher P. Burke , New York, NY; and Claudia De Palma , Philadelphia, for Petitioner Greater Johnstown School District.

Kristina Moon and Margaret Wakelin , Philadelphia, for Petitioner Jamella Bryant.

Maura McInerney , Philadelphia, for Petitioner Bryant Miller.

Eli Grossman , O'Melveny & Myers LLP, New York, NY, for Petitioner Pennsylvania Association of Rural and Small Schools.

Thomas A. Blackburn , Harrisburg, for Respondent Pennsylvania Department of Education.

John P. Krill , Anthony Holtzman , and Thomas DeCesar , K&L Gates LLP, Harrisburg, for Respondent President Pro-Tempore.

Patrick Northern and David Rodkey , Dilworth Paxson LLP, Philadelphia, for Respondent Speaker of the House.

Christopher A. Lewis and Sophia Lee , Blank Rome LLP, Philadelphia, for Respondent Governor of the Commonwealth of Pennsylvania.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge.

TABLE OF CONTENTS

I. INTRODUCTION AND BACKGROUND 544

II. FINDINGS OF FACT 546

A. The Parties 546

B. Education Clause 549

C. The System 555

1. The Department 558

2. The State Board 561

a. Master Plan 562<...

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