Valley Academy Charter School

Decision of State Charter School Appeals Board

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In this part of the case, the State Charter School Appeals Board was called upon to hear the appeal of our client, Valley Academy Charter School, from Hazleton Area School Board's denial of a charter. On appeal, we argued that the school board's directors failed to provide notice of the reason for their decision, as required by the Charter School Law. We also argued that the charter application which had been submitted met all of the legal elements necessary for the establishment of a charter school.

The Pennsylvania State Charter School Appeals Board agreed with both of our arguments. First, the Appeals Board considered the letter from an acting superintendent attaching a memo which stated the district's response to the charter application. The Appeals Board noted that the Board members did not sign it or document a vote establishing the reasons for the denial and also did not forward stated reasons for the denial to Valley Academy. On that ground, alone, the Appeals Board could have granted relief to Valley Academy.

The Appeals Board also thoroughly reviewed the Curriculum submitted by Valley Academy. Hazleton Area erroneously did not submit this Curriculum into the record. When the Curriculum was considered, the Appeals Board held that Valley Academy's application for the charter was sufficient. Therefore, the Appeals Board granted the Appeal in favor of Valley Academy.

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Reference Info:Decision | State, 3rd Circuit, Pennsylvania | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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