Montessori Regional Charter School v. Millcreek Township School District
2012 Pa. Commw. LEXIS 300
Pa. Commw. Ct.2012Background
- Montessori sought to renew its five-year charter and add a second campus (St. Andrew’s in Erie) to increase total enrollment toward 400.
- The original charter was granted in 2004 for a Millcreek Township location, expiring 2009.
- Montessori executed a lease for the North Campus at St. Andrew’s and announced intent to amend the charter to operate two facilities.
- Erie treated Montessori’s North Campus proposal as a new charter application and deferred action pending compliance with additional new-charter requirements.
- Millcreek denied the amendment; Montessori appealed to trial court and CAB; CAB denied jurisdiction over amendments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly had jurisdiction. | Montessori | Millcreek/Erie | Trial court properly exercised jurisdiction |
| Whether the decisions denying/deferring the amendment were adjudications. | Montessori | Millcreek/Erie | Yes; decisions affected Montessori’s charter rights and were adjudications |
| Whether Erie acted arbitrarily or capriciously in denying/deferring the amendment. | Montessori | Erie | Trial court’s finding of arbitrary/capricious conduct affirmed |
| Whether St. Andrew’s facility satisfied health and safety standards under the CSL. | Montessori | Millcreek/Erie | St. Andrew’s suitably described and sufficient; record adequate |
| Whether a charter amendment to operate at two locations is authorized by CSL. | Montessori | Montessori/CSL | Majority concludes CSL does authorize amendment to two locations in this context |
Key Cases Cited
- Central Dauphin School District v. Founding Coalition of the Infinity Charter School, 847 A.2d 195 (Pa.Cmwlth. 2004) (limits on facility evidentiary requirements; CAB required evidence beyond statute)
- Northside Urban Pathways Charter School v. State Charter School Appeal Board (Pittsburgh Public School District), 54 A.3d 445 (Pa.Cmwlth. 2012) (CAB jurisdiction over charter amendment disputes; sui generis ruling guidance)
- Foreman v. Chester-Upland School District, 941 A.2d 108 (Pa.Cmwlth. 2008) (health and safety and facility considerations in charter context; nonretroactivity applied)
- Philadelphia Entertainment and Development Partners, L.P. v. Pennsylvania Gaming Control Board, 34 A.3d 261 (Pa.Cmwlth. 2011) (licenses create property rights; framework for statutory interpretation)
- Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (U.S. Supreme Court 1984) (prospective application of new rules; framework for retroactivity analysis)