Legal Opinion

Discovery Charter School v. School District of Philadelphia

Supreme Court of Pennsylvania

Decided August 8, 2017No. 16 EAP 2016PublishedCited by 8 opinions

1Opinion of the Court

OPINION

JUSTICE BAER

This appeal requires us to examine the Charter School Law (“CSL”)1 to determine the propriety of the charter amendment procedure adopted by the Commonwealth Court. We must also determine whether the Charter School Appeal Board (“CAB”) has jurisdiction over a school district’s failure to act on a charter school’s request to amend its charter to increase maximum student enrollment. Upon review of the CSL, we conclude that the statute does not set forth a procedure for amending the material terms of a charter or a standard for evaluating an amendment request, and the…

2Cases cited17 opinions

  1. City of Erie v. Pap's A. M.Supreme Court of the United States · 2000
  2. Commonwealth v. McMullenSupreme Court of Pennsylvania · 2008
  3. Pap's A.M. v. City of ErieSupreme Court of Pennsylvania · 1998
  4. Burke, A., Aplt. v. Independence Blue CrossSupreme Court of Pennsylvania · 2014
  5. Commonwealth v. BeamSupreme Court of Pennsylvania · 2002

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3Cited by8 opinions

  1. Com. v. Bey, C., Appeal of: PG PublishingSuperior Court of Pennsylvania · 2022
  2. County of Fulton v. Sec'y. of the Com.Commonwealth Court of Pennsylvania · 2022
  3. Eastern Univ. Acad. C.S., Aplt. v. S.D. of Phila.Supreme Court of Pennsylvania · 2021
  4. Esperanza Academy Charter School v. The S.D. of Philadelphia (Dept. of Education)Commonwealth Court of Pennsylvania · 2024
  5. Franklin Towne Charter High School v. The S.D. of Philadelphia & The Board of Education of the S.D. of PhiladelphiaCommonwealth Court of Pennsylvania · 2026

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