In Re: Petition for Formation of Independent SD

• Court: Supreme Court of Pennsylvania
• Decided: September 22, 2020
• Docket: 230 MAL 2020 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: PETITION FOR FORMATION OF : No. 224 MAL 2020 INDEPENDENT SCHOOL DISTRICT : CONSISTING OF THE BOROUGH OF : HIGHSPIRE, DAUPHIN COUNTY, : Petition for Allowance of Appeal PENNSYLVANIA : from the Order of the : Commonwealth Court : PETITION OF: MIDDLETOWN AREA : SCHOOL DISTRICT :

IN RE: PETITION FOR FORMATION OF : No. 230 MAL 2020 INDEPENDENT SCHOOL DISTRICT : CONSISTING OF THE BOROUGH OF : HIGHSPIRE, DAUPHIN COUNTY, : Petition for Allowance of Appeal PENNSYLVANIA : from the Order of the : Commonwealth Court : PETITION OF: STEELTON-HIGHSPIRE : SCHOOL DISTRICT :

ORDER

PER CURIAM

AND NOW, this 22nd day of September, 2020, the Petitions for Allowance of

Appeal are GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as

to all remaining issues. The issue, as stated by Petitioner Middletown Area School

District, is:

(1) Whether the Commonwealth Court erred in failing to follow its own precedent, as well as Supreme Court precedent, in holding the Secretary of Education could not consider the devastating financial impact a proposed transfer of territory between two school districts would impose upon an already financially-distressed school district? The issues, as stated by Petitioner Steelton-Highspire School District are:

(1) Whether the Commonwealth Court’s reversal of the Secretary of Education’s determination that the Petition to create an Independent School District was not meritorious from an educational standpoint was in err when it departed from its own recent precedent?

(2) Whether the Secretary of Education’s consideration of the financial impact of the proposed transfer on a school district that has been identified as financially at risk and placed on ‘Financial Watch Status’ is an issue of first impression and accordingly should be reviewed by this Court.

(3) Whether the catastrophic financial impact on a financially at risk school districts’ ongoing ability to provide adequate educational services to its current and future students is of substantial importance to the students and their families that will remain in the District.

[224 MAL 2020 and 230 MAL 2020] - 2