Opinion

Zager v. Chester Community Charter School

  • 594 Pa. 166
  • 934 A.2d 1227
  • 36 Media L. Rep. (BNA) 1079
  • 2007 Pa. LEXIS 2446
Court
Supreme Court of Pennsylvania
Filed
Nov 20, 2007
Status
Published
Author
Eakin
On the bench
Cappy, Castille, Saylor, Eakin, Baer, Baldwin, Fitzgerald
Cited by
12 cases
Authority
More cited than 10.3%

noting that the General Assembly is presumed to know existing law when it passes legislation

How later courts described this case

  • noting that the General Assembly is presumed to know existing law when it passes legislation
  • refusing to consider an issue that was not raised by a litigant in the petition for allowance of appeal
  • “[Cjharter schools, as independent public schools created for the purpose of providing the essential governmental service of education in a constitutionally mandated manner, are necessarily included among the agencies that are subject to the Right-to-Know Act.”
  • CSL defines a charter school as “an independent public school….” and performs a distinct obligation of the state

Written by the judges who cited it.

The opinion

Justice EAKIN,

concurring.

I concur in the result, but would affirm based on the Commonwealth Court’s reasoning that the charter school performs an essential government function. See Chester Community Charter School v. Zager, 895 A.2d 97 unpublished memorandum at 4-7 (Pa.Cmwlth., 2006). I would not reach the issue of the legislature’s intent in enacting the Charter School Law.

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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