Jump to Navigation

LATSHA DAVIS & MCKENNA, P.C. SUCCESSFULLY DEFENDS DECISION IN FAVOR OF CHARTER SCHOOLS BEFORE THE PENNSYLVANIA SUPREME COURT

On Wednesday, March 20, 2019, the Pennsylvania Supreme Court notified Latsha Davis & McKenna, 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 & McKenna, 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.

No Comments

Leave a comment
Comment Information

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

subscribe to this blog’s feed FindLaw Network

Pennsylvania

New Jersey

Mechanicsburg Office
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050

Phone: 717-620-2424
Fax: 717-620-2444
Mechanicsburg Law Office Map

Exton Office
350 Eagleview Boulevard
Suite 100
Exton, PA 19341

Phone: 610-524-8454
Fax: 610-524-9383
Map & Directions

Mount Laurel Office
309 Fellowship Road
East Gate Center
Suite 200
Mount Laurel, NJ 08054

Phone: 856-231-5351
Fax: 610-524-9383
Map & Directions

In Maryland call:
Phone: 410-727-2810