Northside Urban Pathways Charter School v. State Charter School Appeal Board
2012 Pa. Commw. LEXIS 304
| Pa. Commw. Ct. | 2012Background
- Northside obtained a 6–12 charter for Pittsburgh; it sought to amend to add K–5 in a second location.
- The District denied the amendment, advising that Northside would need a separate charter application for a K–5 program.
- Northside appealed the denial to the CAB, which then dismissed for lack of jurisdiction.
- The CAB dismissed on June 8, 2010; Northside sought judicial review in this court.
- The court reverses the CAB, remands for review as if a denial of revocation or non-renewal, and strikes/denies related motions as requested by Northside.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CAB has jurisdiction over charter amendment appeals | Northside: CAB impliedly powers to review amendments | District: CSL grants limited expressly delegated powers; no amendment review implied | CAB has jurisdiction to review amendments on remand |
| Whether charter amendments are permissible under CSL implied powers | Amendments necessary to fulfill CSL goals and school district oversight | CSL confers specific amendment processes; implied powers limited | Implied authority allows charter amendments to be reviewed by CAB on appeal |
| What remedy and procedure follow on remand | CAB to review amendment denial as for revocation/not-renewal | Maintain current statutory framework; board review procedures apply | Remand to CAB for proper review consistent with 24 P.S. § 17-1729-A(d) |
Key Cases Cited
- Burger v. Board of School Directors of McGuffey School District, 576 Pa. 574 (Pa. 2003) (implied district power under broad School Code grants)
- Foreman v. Chester-Upland School District, 941 A.2d 108 (Pa.Cmwlth.2008) (charter as regulatory permit analogy)
- West Chester Area School District v. Collegium Charter School, 760 A.2d 452 (Pa.Cmwlth.2000) (local bias; CAB oversight to counter district bias)
- Philadelphia Entertainment and Development Partners L.P. v. Pennsylvania Gaming Control Board, 34 A.3d 261 (Pa.Cmwlth.2011) (charter license as property right; due process in license decisions)