Opinion

Boyertown Area School District v. Department of Education

  • 797 A.2d 421
  • 2002 Pa. Commw. LEXIS 266
Court
Commonwealth Court of Pennsylvania
Filed
May 2, 2002
Status
Published
Author
Pellegrini
On the bench
Colins, McGinley, Smith-Ribner, Pellegrini, Friedman, Cohn, Leavitt
Cited by
6 cases

Pa.Cmwlth., Nos. 2286, 2287, 2640, 2699, 2863, 2864, 2865, 2866, 2883, 2892, 2914, 2915 C.D.2001 & No. 150 C.D.2002

How later courts described this case

  • Pa.Cmwlth., Nos. 2286, 2287, 2640, 2699, 2863, 2864, 2865, 2866, 2883, 2892, 2914, 2915 C.D.2001 & No. 150 C.D.2002

Written by the judges who cited it.

The opinion

CONCURRING OPINION BY

JUDGE PELLEGRINI.

While I concur that Petitioners have a right to a hearing, the scope is limited. In this setting, the Secretary only determines if the charter school has properly documented that its students are enrolled and the amount to be deducted from the respective school district accounts. The propriety of the charter of the charter school is not before the Secretary because he did not participate in the decision to award the charter. That decision was made by either the school district or the Charter Schools Appeal Board.

Judge COHN joins in this concurring opinion.

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.

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