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August 12, 2016

Conrad O'Brien Achieves Final Victory for Charter School Client in Matter Challenging Enrollment Caps

Conrad O’Brien client, Richard Allen Preparatory Charter School, received a final victory in its litigation against the School District of Philadelphia and School Reform Commission on July 27, 2016, when the Pennsylvania Supreme Court issued a per curium order denying the School District of Philadelphia and School Reform Commission’s Petition for Allowance of Appeal in Richard Allen Preparatory Charter Sch. v. Sch. Dist. of Phila., 123 A.3d 1101 (Pa. Commw. Ct. 2015), 561 EAL 2015, 562 EAL 2015.  The Supreme Court affirmed the trial court and Commonwealth Court finding that the School District of Philadelphia (“School District”) and the School Reform Commission (“SRC”) do not have the power to impose enrollment caps on charter schools or deny funding where enrollment caps are exceeded, except where a charter school has expressly agreed to the enrollment cap.  The Supreme Court also affirmed the that the School District and SRC exceeded their authority under charter school Law when attempting to require that charter schools carry specific insurance coverage and name the School District as an additional insured.  This brings the extensive litigation, earlier reported by Conrad O'Brien, to a successful conclusion for Conrad O’Brien’s client.  

 

Richard Allen Preparatory Charter School is represented by Patricia A. Hennessy and Kathleen Nagle of Conrad O’Brien.

 

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