Opinion
No. 31 EM 2014
05-15-2014
WEST PHILADELPHIA ACHIEVEMENT CHARTER ELEMENTARY SCHOOL, Petitioner v. THE SCHOOL DISTRICT OF PHILADELPHIA AND SCHOOL REFORM COMMISSION, Respondents
ORDER
PER CURIAM
AND NOW, this 15th day of May, 2014, the Application for Leave to File Petition in the Nature of a Complaint for Declaratory Judgment and Injunctive Relief Pursuant to Pa.R.A.P. 3307 is GRANTED. The parties are directed to submit briefs, in addition to their initial filings, addressing the following issues:
(a) Whether Section 6-696(i)(3) of the School District Distress Act, 24 P.S. § 6-696(i)(3), is unconstitutional as an unlawful delegation of the legislative authority of the Pennsylvania General Assembly in violation of Article II, § 1 of the Pennsylvania Constitution;The Prothonotary is directed to establish a briefing schedule and list this case for oral argument during the Court's September 2014 session.
(b) Whether Petitioner's due process and excess of statutory authority claims - - see issues (c) and (d) below - - fall within this Court's exclusive jurisdiction under Section 27 of the Act of April 27, 1998, P.L. 270, No. 46. See Pennsylvania State Troopers Ass'n. v. Com., Gaming Control Bd., 920 A.2d 173 (Pa. 2007);
(c) Whether the suspensions of sections of the Charter School Law adopted by the School Reform Commission are null and void as an unconstitutional deprivation of the rights of Petitioner under Article I, § 1 of the Pennsylvania Constitution and the 5th and 14th Amendments to the United States Constitution; and,
(d) Whether the suspension of Sections 17-1723-A and 17-1729-A of the Charter School Law by [Respondent] School Reform Commission is null and void as exceeding Respondents' statutory authority.
The Petition for Preliminary Injunction is GRANTED, LIMITED to a directive that the parties preserve the status quo as it existed when this case was filed. Petitioner's request for a permanent injunction shall be disposed of in the ordinary course.