Community Academy of Philadelphia Charter School v. Philadelphia School District School Reform Commission
2013 Pa. Commw. LEXIS 60
| Pa. Commw. Ct. | 2013Background
- Academy sought renewal of its charter, which SRC had not finally renew/denied by expiration date.
- February 16, 2011 SRC vote on renewal was 2–1; two other seats had one abstention and one vacancy.
- SRC treated the 2–1 renewal vote as non-action and required a majority of five to renew.
- A second SRC vote on April 27, 2011 again yielded 2–1 in favor; SRC maintained lack of renewal action.
- Academy filed a CAB appeal June 3, 2011 arguing CAB has jurisdiction over SRC’s failure to act and the legal effect of SRC’s 2–1 vote.
- CAB dismissed the appeal for lack of jurisdiction; Academy challenged that ruling in court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CAB jurisdiction over SRC’s failure to act on renewal | Academy asserts CAB may review non-renewal or failure to act. | SRC argues no final non-renewal or denial occurred; CAB lacks jurisdiction. | CAB lacks jurisdiction |
| Legal effect of SRC's 2–1 renewal vote | 2–1 vote should be treated as renewal; non-action concept is improper. | 2–1 vote is a non-action; not a final renewal decision. | CAB cannot decide the legal effect; lacks jurisdiction |
| CAB authority to order renewal | CAB could order SRC to renew if vote supports renewal. | CAB has no injunctive power to compel renewal. | No jurisdiction to order renewal |
| Whether non-action implicates due process or property interests | Non-action jeopardizes charter and due process protections. | Non-renewal not completed; charter remains pending. | Not addressed on merits; jurisdictional question controlling |
Key Cases Cited
- Northside Urban Pathways Charter School v. State Charter School Appeal Board, 56 A.3d 80 (Pa.Cmwlth.2012) (CAB implied authority over significant charter decisions, including amendments)
- Foreman v. Chester-Upland School District, 941 A.2d 108 (Pa.Cmwlth.2008) (charter schools hold a protected interest; due process in charter actions)
- Burger v. Board of School Directors of McGuffey School District, 576 Pa. 574, 839 A.2d 1055 (2003) (implied authority concept applicable to CAB via Public School Code)