In re The New Maurice J. Moyer Academy Inc.Annotate this Case
Maurice J. Moyer Academic Institute (“New Moyer”) is a charter school in the City of Wilmington that serves some of the most economically disadvantaged students in the state. In 2014, the Department of Education, Secretary of Education, and Delaware Board of Education (collectively, Defendants) decided to revoke New Moyer’s charter in June 2016, one year before the charter expired. Defendants based their decision on the fact that New Moyer was the lowest performing charter school in the State based on the State’s testing standards. Plaintiffs - the operator of New Moyer, parents representing several of the school’s students, and the City - sought a preliminary injunction to enjoin Defendants from revoking New Moyer’s charter. The Court of Chancery denied Plaintiffs’ motion for a preliminary injunction, concluding that Plaintiffs failed to demonstrate (1) a reasonable probability that they were denied due process under the Fourteenth Amendment with respect to the decision to revoke the school’s charter; and (2) that Defendants did not exercise due diligence and good faith when they determined that New Moyer failed to satisfy criteria set forth in the Charter School Act.