School District of Philadelphia v. Independence Charter School

Argued: March 7, 2001 OPINION The School District of Philadelphia (School District) appeals from the July 28, 2000 order of the State Charter School Appeal Board (CAB) granting the appeal filed by the Independence Charter School Initiative (Independence) pursuant to section 1717-A(g) of the Charter School Law (CSL) 1 and directing the School District's Board of Education (District Board) to grant Independence's charter school application and sign Independence's charter. 2 We affirm the CAB's order. On November 15, 1999, Independence filed an application with the School District for a charter to operate a charter school in the City of Philadelphia.3 (CAB's Findings of Fact, No. 2.) The School District accepted the charter application for review and, on December 14, 1999, held its first and only public hearing on the matter.4 (CAB's Findings of Fact, No. 4.) Section 1717-A(e)(1) of the CSL provides that ""Not later than seventy-five (75) days after the first public hearing on the application, the local board of school directors shall grant or deny the application."" 24 P.S. §17-1717-A(e)(1) (emphasis added). However, by February 28, 2000, seventy-five days after the date of the first public hearing on Independence's charter school application, the District Board still had not voted on the application as required by the CSL. 5 (CAB's Findings of Fact, No. 8.) Consequently, on February 29, 2000, Independence filed a petition to appeal with the CAB, seeking review of its charter school application pursuant to section 1717-A(g) of the CSL, 24 P.S. 17-1717-A(g). (CAB's Findings of Fact, No. 9, R.R. at 438a-42a.) That subsection of the CSL provides: