Chester Community Charter School v. Commonwealth, Department of Education

DISSENTING OPINION BY

Judge BROBSON.

I respectfully dissent.

Section 1725-A of the Charter School Law (Law)1 addresses funding for charter schools. Funding is on a per-enrolled-student basis, with separate calculations for special and non-special education students. Section 1725-A(a)(2), (3) of the Law. School districts are to remit to charter schools the appropriate amount for the enrolled students “in twelve (12) equal monthly payments, by the fifth day of each month, within the operating school year.” Section 1725-A(a)(5) of the Law.

The General Assembly anticipated that disputes would arise…