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On Wednesday, March 20, 2019, the Pennsylvania Supreme Court notified Latsha Davis & Marshall P.C. that the firm has successfully defended a decision in favor of charter schools before the Pennsylvania Supreme Court. In re: Appointment of a Receiver for the Chester Upland School District, Lead Docket Nos. 666 MAL 2018; 676 MAL 2018.

A Receiver that had been appointed for the Chester Upland School District ("School District") asked a lower court to approve a financial recovery plan that allowed the School District to pay cyber charter schools less than is required by law for special education students enrolled in the cyber charter schools. The lower court approved the plan and the School District began reducing its payments to cyber charter schools. Latsha Davis & Marshall P.C. filed an appeal to the 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. We prevailed before the Commonwealth Court. The Commonwealth Court agreed with us that the law did not permit the District to reduce its payments on behalf of special education students, even if the reduction is approved by a court. 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 School District. The Pennsylvania Department of Education (the "Department") and the Chester Upland School District both asked the Pennsylvania Supreme Court to hear an appeal from the favorable Commonwealth Court decision. Both argued that the law did give the School District the ability to reduce special education payments to charter schools. On behalf of our clients, we opposed the requests of the Department and the School District. The Pennsylvania Supreme Court ruled in favor of our clients and denied the Department and the School District the ability to file an additional appeal. By prevailing before the Pennsylvania Supreme Court, we have firmly established that the School District cannot unilaterally reduce payments to charter schools, even if such a reduction is included in a financial recovery plan that is approved by a court.

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