Truebright Science Academy Charter School v. Philadelphia School District

115 A.3d 919, 2015 Pa. Commw. LEXIS 212
CourtCommonwealth Court of Pennsylvania
DecidedMay 15, 2015
StatusPublished
Cited by1 cases

This text of 115 A.3d 919 (Truebright Science Academy Charter School v. Philadelphia School District) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Truebright Science Academy Charter School v. Philadelphia School District, 115 A.3d 919, 2015 Pa. Commw. LEXIS 212 (Pa. Ct. App. 2015).

Opinion

OPINION BY Senior Judge ROCHELLE S. FRIEDMAN.

Truebright Science Academy Charter School (Truebright) petitions for review of the January 8, 2015, order of the State Charter School Appeal Board (Board) denying Truebright’s appeal from a decision of the School District of Philadelphia’s School Reform Commission (Commission) not to renew Truebright’s charter and directing Truebright to dissolve under section 1729-A of the Charter School Law (Law), Act of March 10, 1949, P.L. 30, added by Section 1 of the Act of June 19, 1997, P.L. 225, as amended, 24 P.S. § 17-1729-A.1 We affirm.

On January 18, 2006, the School District of Philadelphia (District) granted True-bright a five-year charter with an expiration date of June 30, 2012. Truebright opened in September 2007. Truebright serves students in seventh through twelfth grades and is authorized to enroll a maximum of 350 students. Truebright’s enrollment for the 2011-2012 school year was 321 students.

In September -2011, Truebright submitted a charter renewal application to the District. To assess whether Truebright had met its charter school goals and complied with all federal and state laws, the District reviewed and analyzed four areas: academic performance, financial health, governance and compliance, and customer satisfaction.

During a site visit in September 2011, the District found that: (1) professional development opportunities were unavailable to support effective special education program implementation; (2) the school leadership provided neither adequate oversight of the school nor clear goals and procedures to uniformly guide school practices; (3) there was neither rigorous professional development nor a system for evaluating teacher effectiveness; (4) stakeholders did not share a clear understanding of the school’s stated mission, vision, and core values; and (5) teachers were not given opportunities to help drive decisions to enhance student performance. (Bd.’s Findings of Fact, No. 15.)

The District shared its site visit report with Truebright on November 9, 2011. On November 15, 2011, Truebright submitted a rebuttal application to the District. After reviewing the rebuttal application, the. District recommended to the Commission that Truebright’s charter not be renewed.

On April 19, 2012, the Commission initiated nonrenewal proceedings against True-bright at a public meeting and approved [921]*921Resolution No. SRC-13, in which it identified 18 grounds for nonrenewal of True-bright’s charter. Thereafter, the Commission appointed a hearing officer, who held 10 hearings between April 2012 and May 2013.

On August 26, 2013, the hearing officer issued proposed findings of fact and conclusions of law, concluding that the District had successfully proven 8 of the 18 grounds for nonrenewal of Truebright’s charter. Specifically, the hearing officer identified the following material violations: (1) Truebright failed to make adequate yearly progress (AYP) every year during the current charter term; (2) Truebright’s Pennsylvania System of School Assessment (PSSA) scores have been consistently lower than state targets, the District average, and the charter school average in both math and reading; (3) Truebright failed to provide adequate academic supports and program implementation for English language learners and special needs students; (4) Truebright failed to meet the 100%-highly-qualified-teacher requirement of the No Child Left Behind Act of 2001; (5) Truebright failed to achieve its mission and goals as set forth in its charter application; (6) Truebright and its Board of Trustees failed to address staff and parental concerns regarding teacher contract provisions, outdated technology, employee salaries, discriminatory employment practices, and payroll tax withholding issues; (7) Truebright failed to enroll a large number of students from the school’s catchment area; and (8) Truebright had only a 37% four-year retention rate for ninth grade students who enrolled in 2007. (Bd.’s Findings of Fact, Nos. 23, 28.)

On October 17, 2013, after a public hearing, the Commission voted to adopt the hearing officer’s findings and conclusions and to deny Truebright’s renewal request.

Truebright appealed to the Board, which concluded that Truebright failed to meet the requirements for student performance set forth in its charter and in the Pennsylvania Department of Education’s regulations. Thus, the Board ordered that True-bright dissolve its charter and close the school at the end of the 2014-2015 school year. Truebright now appeals from that decision.2

First, Truebright argues that its failure to make AYP for two years of its five-year charter term was not a valid ground for nonrenewal of its charter. Truebright argues that its charter merely identified as a goal, not as a performance standard, that it would make AYP each year. According to Truebright, a charter school that fails to reach a stated goal outlined in its charter application has not committed a material violation of its charter. Truebright also asserts that after failing to make AYP, it implemented an accountability plan consistent with the charter and subsequently made AYP the very next year.

We agree with the District that True-bright’s failure to meet a performance goal set forth in its charter is a valid ground for nonrenewal. In its charter, Truebright agreed to make AYP for each year of its five-year charter term and that its failure to do so “constitutes grounds for revocation of ... [its Charter].” (Bd.’s Findings of Fact, Nos. 30-31.) It is undisputed that Truebright failed to make AYP and was in “warning” status during the 2007-2008 and 2010-2011 school years. Thus, under sec[922]*922tion 1729-A(a)(2) of the Law, the Board properly based its nonrenewal decision on Truebright’s failure to meet a performance standard in its charter. See Graystone Academy Charter School v. Coatesville Area School District, 99 A.3d 125, 139 (Pa.Cmwlth.2014) (rejecting charter school’s assertion that its stated goal regarding student performance was an objective and not a mandate and holding that the school’s failure to meet its performance goal was a ground for charter revocation).

Next, Truebright argues that its students’ PSSA scores do not warrant non-renewal of its charter. Truebright claims that it did not have a consistently lower percentage of students scoring proficient or better on the PSSA than did the District’s schools. Truebright also asserts that it has demonstrated a clear pattern of improvement in PSSA scores and is well on its way to meeting state goals. We cannot agree.

Preliminarily, we note that the Board properly relied on Truebright’s PSSA scores to determine whether it has shown improvement in student academic performance. See Ronald H. Brown Charter School v. Harrisburg City School District, 928 A.2d 1145, 1153 (Pa.Cmwlth.2007) (finding that the PSSA was the proper standard for measuring academic progress of the charter school’s students, as the PSSA is “the uniform test used statewide to measure performance”). This court has stated:

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115 A.3d 919, 2015 Pa. Commw. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truebright-science-academy-charter-school-v-philadelphia-school-district-pacommwct-2015.