SCHOOL DIST. OF PHILA. v. DEPT. OF EDUC.

No. 2026 C.D. 2011.

45 A.3d 457 (2012)

The SCHOOL DISTRICT OF PHILADELPHIA, Petitioner v. DEPARTMENT OF EDUCATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 4, 2012.


Attorney(s) appearing for the Case

Allison S. Petersen , Huntingdon Valley, for petitioner.

Alaina C. Koltash , Assistant Counsel, Harrisburg, for respondent.

Robert W. O'Donnell , Philadelphia, for intervenor Freire Charter School.

BEFORE: PELLEGRINI, President Judge, and COVEY, Judge, and COLINS, Senior Judge.


OPINION BY Judge COVEY.

The School District of Philadelphia (District) appeals from the Secretary of Education's (Secretary) September 28, 2011 order directing the Pennsylvania Department of Education (Department) to disperse $400,136.23 to Freire Charter School (Charter School) for school years 2008-2009 and 2009-2010. The Charter School intervened in the appeal. There are three issues before the Court: (1) whether the District bears the burden of proof in a funding...

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