Career Connections Charter High School v. School District of Pittsburgh
2014 Pa. Commw. LEXIS 272
| Pa. Commw. Ct. | 2014Background
- Career Connections Charter High School operated under a charter granted and renewed by the School District of Pittsburgh (District) beginning in 1999; it sought a five‑year renewal in 2011–2012.
- The District’s Review Team recommended nonrenewal after a site visit and comprehensive review; the District voted not to renew and issued a Notice of Nonrenewal listing multiple grounds (student performance, material charter violations, fiscal and facility issues).
- The hearing officer’s Adjudication adopted by the District narrowed the grounds to failure to meet Chapter 4 student‑performance standards (AYP/PSSA) and several alleged material charter violations (calendar/schedule changes, lack of interdisciplinary curriculum, incomplete internship implementation, missing courses), among others.
- The Pennsylvania State Charter School Appeal Board (CAB) affirmed nonrenewal, finding substantial evidence of continuous failure to make AYP, deterioration in AYP status, and material charter violations (calendar/schedule changes, lack of promised interdisciplinary curriculum, internship not universal, some course differences).
- On appeal to the Commonwealth Court, Career Connections challenged CAB’s reliance on PSSA/Chapter 4 standards and disputed that its operational changes and programmatic differences constituted material charter violations.
- The Commonwealth Court affirmed CAB: it held PSSA proficiency/AYP may be used under Chapter 4 to evaluate renewal eligibility and found some programmatic changes were material violations that, together with poor student performance, justified nonrenewal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PSSA/Chapter 4 standards can justify nonrenewal | Career Connections: Chapter/charter does not require PSSA proficiency as a renewal threshold; student performance improving and better than feeder schools | District/CAB: Chapter 4 (and related regs) use PSSA/proficiency to measure performance; school failed AYP repeatedly | Court: PSSA proficiency/AYP are valid Chapter 4 measures; substantial evidence of failure to meet standards; ground for nonrenewal |
| Whether changing daily schedule and academic calendar without formal amendment was a material charter violation | Career Connections: changes addressed practical needs; District knew and did not object | District/CAB: terms in charter application are binding; unapproved changes violate Section 1729‑A(a)(1) | Court: charter terms were binding; changes required amendment; changes were material violations |
| Whether Career Connections implemented the interdisciplinary curriculum promised | Career Connections: did implement interdisciplinary activities and presented evidence | District/CAB: Review Team witness observed insufficient interdisciplinary implementation; activities isolated, not a consistent curriculum | Court: CAB reliance on District witness was supported; isolated activities insufficient; no error in finding material violation |
| Whether exempting dual‑enrollment students from internships and course changes justified nonrenewal | Career Connections: dual enrollment provides comparable career exposure; course content largely retained across offerings | District/CAB: exemption deprived some students of promised work‑based learning; several listed courses missing | Court: exemption from internship for dual‑enrollees did not violate charter (no universal internship requirement); most course content available under other titles so not a material violation; but other violations plus poor performance suffice to affirm nonrenewal |
Key Cases Cited
- New Hope Academy Charter School v. School District of City of York, 89 A.3d 781 (Pa. Cmwlth. 2014) (Chapter 4 regulations treat PSSA proficiency as a student performance requirement for renewal)
- Ronald H. Brown Charter School v. Harrisburg City School District, 928 A.2d 1145 (Pa. Cmwlth. 2007) (CAB may rely on PSSA results in renewal determinations; low proficiency supports nonrenewal)
- Northside Urban Pathways Charter School v. State Charter School Appeal Board, 56 A.3d 80 (Pa. Cmwlth. 2012) (charter application terms incorporated into binding charter; changes require amendment)