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LATSHA DAVIS & MCKENNA, P.C. WINS CHARTER SCHOOL CASE WITH STATEWIDE IMPLICATIONS

Latsha Davis & McKenna, P.C. has won an appeal it filed in Pennsylvania Commonwealth Court on behalf of four cyber charter schools: Agora Cyber Charter School, Commonwealth Charter Academy, Pennsylvania Cyber Charter School, and Pennsylvania Virtual Charter School. The Commonwealth Court held that the Delaware County Court of Common Pleas made a mistake when it approved a Financial Recovery Plan proposed by the Receiver for the Chester Upland School District that forced the cyber charter schools to accept payments for special education students below those required by the Charter School Law. The Commonwealth Court agreed with the arguments on behalf of our clients that the statute governing the Chester Upland School District's financial recovery did not allow the Financial Recovery Plan to unilaterally lower the payments the District is required to make to cyber charter schools for the special education students who live in the District but who decide to attend a cyber charter school. The Commonwealth Court also agreed with us that the Financial Recovery Plan should not have been approved because it did not address the real financial problems facing the District. The Commonwealth Court overturned the decision of the Court of Common Pleas and sent the case back to that court. Barring further appeal, the cyber charter schools will now seek the correct amount for special education students who attend the cyber charter school pursuant to the Charter School Law. This is a significant victory for charter schools and the students they serve! The case is In re: Appointment of a Receiver for the Chester Upland School District, Docket No. 2095 C.D. 2015 (Pa. Cmwlth. 2018).

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