Opinion

Foreman v. CHESTER-UPLAND SCHOOL DISTRICT

  • 597 Pa. 235
  • 951 A.2d 264
  • 2008 Pa. LEXIS 1009
Court
Supreme Court of Pennsylvania
Filed
Jun 26, 2008
Status
Published
On the bench
Per Curiam
Cited by
4 cases
Authority
More cited than 68.8%

The opinion

*236

ORDER

PER CURIAM.

AND NOW, this 26th day of June, 2008, the above-captioned consolidated Petitions for Allowance of Appeal are GRANTED. The issues are:

a. Whether an empowerment board under the Education Empowerment Act of 2000 [EEA], 24 P.S. § 17-1701-B

et seq.,

has the power to modify an existing charter so as to place limitations on the enrollment of students in charter schools within the school district in order to effect needed economies in the district.

b. Whether a charter school’s charter is a contract that can be cancelled or modified by the Empowerment Board pursuant to its authority under 24 P.S. §§ 17-1707-B(c) and 6-693(1).

c. Whether, pursuant to the Pennsylvania Rules of Statutory Construction, 1 Pa.C.S.A. § 1901

et seq.,

the specific provisions of the EEA and the financial distress ■ statutes that address the authority of the Empowerment Board to cancel and renegotiate contracts supersede the general provisions of the Charter School Law addressing an empowerment board’s authority.

d. Whether the Department of Education and Secretary of Education Gerald L. Zahorchak, as Receiver

Pendente Lite

for the School District, were indispensable parties to the litigation such that the trial court lacked subject matter jurisdiction over the litigation.

The Application to Consolidate and Expedite is GRANTED in part and DENIED in part. The request to consolidate Nos. 126 & 127 MAL 2008 with Nos. 9 & 19 MAP 2008 is GRANTED; the request to expedite is DENIED. The Prothonotary

*237

shall establish a briefing schedule and shall list all of the matters for oral argument in accordance with this order.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.