School Dist of Phila v. Dept of Ed - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT THE SCHOOL DISTRICT OF PHILADELPHIA, Petitioner v. DEPARTMENT OF EDUCATION and WALTER D. PALMER LEADERSHIP LEARNING PARTNERS CHARTER SCHOOL, Respondents : No. 216 EAL 2012 : : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court : : : : : : : : : : ORDER PER CURIAM AND NOW, this 7th day of June, 2012, the Petition for Allowance of Appeal is GRANTED, LIMITED to the following issue: Did the Commonwealth Court err when it held that a cap on student enrollment in a 2005 school charter was valid for school years before 2008 but was invalid for school years after 2008, even though the Charter School Law states that a cap is permissible if "agreed to by the charter school as part of a written charter whether approved prior to or subsequent to the [law's] effective date"? The parties are directed in their briefs to address whether a charter school s signing of a charter that contains a unilaterally imposed cap on enrollment can be considered implied acquiescence to that cap, sufficient to satisfy the requirement for an express agreement under 24 P.S. § 1723-A(d)(1), or whether something more is required in order to constitute such an express agreement. Allowance of Appeal is DENIED with respect to all remaining issues. FURTHER, Petitioner s application for leave to file a reply brief is DENIED, and Petitioner s application for leave to file supplemental authority is GRANTED. [216 EAL 2012] - 2

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