West Chester Area School District v. Collegium Charter School

812 A.2d 1172, 571 Pa. 503, 2002 Pa. LEXIS 2836
CourtSupreme Court of Pennsylvania
DecidedDecember 20, 2002
StatusPublished
Cited by56 cases

This text of 812 A.2d 1172 (West Chester Area School District v. Collegium Charter School) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West Chester Area School District v. Collegium Charter School, 812 A.2d 1172, 571 Pa. 503, 2002 Pa. LEXIS 2836 (Pa. 2002).

Opinions

OPINION

Chief Justice ZAPPALA.

These consolidated cases present issues regarding the proper interpretation of the Charter School Law (CSL).1 Appellant West Chester Area School District (School District) and Appellants Bernard R. Miller and Harry I. Shreiner (Taxpayers) appeal from the order of the Commonwealth Court, which affirmed the decision of the State Charter School Appeal Board (CAB). The CAB had granted a charter to Collegi-um Charter School (Collegium) and reversed the contrary decision of the West Chester Area School District Board of School Directors (District Board). The CAB further denied the Taxpayers’ petition to intervene. For the reasons that follow, we affirm the decision of the Commonwealth Court in all respects.

On November 13, 1998, Collegium, a nonprofit Pennsylvania corporation, submitted a charter school application to the District Board. A charter school is defined under the CSL as an independent, nonprofit, public school established and operated under a charter from the local board of school directors and in which students are enrolled or attend. 24 P.S. § 17-1703-A. Collegium’s application requested a five-year charter pursuant to the CSL. It indicated that Collegium intended to enter into a management agreement with Mosaica Education, Inc. (Mosaica), a for-profit corporation, under which Mosai-ca would provide the school with educational and administrative services. It further stated that Mosaica would provide the initial funding to acquire and renovate an existing high school building and then lease it back to Collegium. Consistent with the CSL, Collegium proposed to be governed by a board of trustees, consisting of parents and community members that will have the authority to decide matters relating to the operation of the school. See 24 P.S. § 17-1716-A.(a).

The application also set forth the proposed education program, which provided for morning instruction in basic subjects such as reading, phonics, writing and mathematics, and afternoon instruction in the Paragon Curriculum. The Paragon Curriculum uses an interdisciplinary approach that combines history, social studies, anthropology, science, literature, the arts, character education and music. The program differed from that provided by the School District in that Collegium proposed a full day kindergarten, a longer school year (200 instead of 180 days), one hour per day more instructional time and foreign language instruction for all students beginning in kindergarten. The program also provided for student accountability measured by a national standardized test administered twice a year and individ[1175]*1175ualized personal learning plans for each child.

Pursuant to Section 17-1717-A.(d) of the CSL, the District Board held public hearings on the application on December 14, 1998, January 5, 1999, and February 1, 1999.2 Testimony was presented by Colle-gium, the School District administration and members of the public. On February 16, 1999, the District Board voted six to one to deny Collegium’s application. The District Board issued its written opinion in support of its decision on February 22, 1999, which included findings of fact and conclusions of law.

In its opinion, the District Board indicated that it evaluated the application according to the criteria set forth in the CSL.3 It found that Collegium failed to establish sustainable support for the charter school, considering that the district teachers opposed the application and there was minimal community support. It rejected the evidence in support of increased pupil learning as speculative. The District Board noted that although Collegium may provide some parents a “choice,” it would be at the expense of either an increased tax burden on the School District taxpayers or a reduction in services to the existing public school systems.4 It further found that since Collegium anticipates enrolling students from surrounding school districts, it should have applied for a regional charter. The District Board also opposed the relationship between Collegi-um and Mosaica, finding that the nonprofit prohibition in the CSL should not be circumvented by the organizational structure proposed by Collegium.

Based on these findings, the District Board denied the application, concluding that “[bjecause the Collegium proposal will not improve pupil learning, increase learning opportunities for all pupils and encourage the use of different innovative teaching methods which will be an improvement [1176]*1176over that which already exists in the School District, the legislative intent of the Act has not been fulfilled.” District Board Opinion at 15.

Collegium then sought to appeal the District Board’s denial. To be eligible to do so, the CSL requires the charter school applicant to file a petition containing the requisite number of resident signatures in the court of common pleas of the county in which the charter school would be located. See 24 P.S. § 17-1717-A.(i)(2). In accordance with this provision, Collegium filed its “Petition to Appeal” in the Chester County Common Pleas Court. Taxpayers subsequently filed a petition to intervene in the proceedings as taxpaying residents of adjacent school districts likely to be affected by Collegium’s student recruitment. The trial court granted the petition to intervene. A hearing was held to determine the sufficiency of Collegium’s petition to appeal pursuant to Section 17-1717-A.(i)(5) of the CSL.5 On June 4, 1999, the trial court deemed the petition sufficient and certified that it conformed to the requirements of the CSL.

On July 1, 1999, Collegium then filed its appeal with the CAB. On that same date, the CAB held its first public meeting and appointed a hearing officer. Taxpayers thereafter filed a petition to intervene, which the CAB denied in a pre-hearing order. The parties submitted briefs and oral argument was conducted. On August 27, 1999, the CAB voted to reverse the District Board’s decision to deny Collegi-um’s charter school application and direct the District Board to grant the application and sign Collegium’s charter pursuant to Section 17-1720-A.6 The CAB further reaffirmed its decision to deny Taxpayers’ petition to intervene.

On September 7, 1999, the CAB issued its own written findings of fact and conclusions of law in support of its August 27, 1999 vote. Initially, the CAB rejected the School District’s contention that Collegi-um’s petition to appeal should be quashed as premature or dismissed as waived. It also rejected the School District’s contention that the CAB’s standard of review was that of an appellate court. The CAB concluded that Section 17-1716-A.(6) requires it to give “due consideration” to the District Board’s findings and articulate its reasons for agreeing or disagreeing with those findings.

On the merits of the appeal, the CAB found that Collegium demonstrated sustainable support for the charter school from parents, community members and students, notwithstanding the fact that the district teachers opposed the application. The CAB concluded that the contents of the application conformed to the legislative intent outlined in the CSL and that Colle-gium will serve as a model school because of its innovative curriculum and school schedule. It found that the fact that a charter school intends to enroll students from other districts does not require the applicant to apply for a regional charter.

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Bluebook (online)
812 A.2d 1172, 571 Pa. 503, 2002 Pa. LEXIS 2836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-chester-area-school-district-v-collegium-charter-school-pa-2002.