Pocono Mountain School District v. Pennsylvania Department of Education, Division of Subsidy Data and Administration

Summary

This is a dissenting opinion by Justice Dougherty of the Supreme Court of Pennsylvania in a dispute concerning whether the Department of Education could redirect Commonwealth appropriations to cover a charter school's delinquent contributions to the Public School Employees' Retirement System. The opinion concludes that the Retirement Code's payment mechanism applies independently of the Charter School Law's provisions concerning liabilities arising from charter-school closure and criticizes the chartering school district's oversight of the school.

Holdings

1. Justice Dougherty would hold that the provisions need not be read in pari materia because they address different subjects: Section 8327(b)(2) establishes a payment mechanism for PSERS contributions, while Section 1729-A(i) establishes protocols for closing charter schools.
2. Justice Dougherty would conclude that the Charter School Law does not bar redirection of Commonwealth appropriations under Section 8327(b)(2), because delinquent PSERS contributions are governed by the Commonwealth's obligation as guarantor and are not ordinary charter-school debt or liabilities covered by the Charter School Law's limitations.
3. Justice Dougherty would conclude that a chartering school district's responsibilities continue after issuance of a charter and include diligence in monitoring the charter school's compliance and financial condition.

Questions Presented

1. Whether Section 8327(b)(2) of the Public School Employees' Retirement Code must be read in pari materia with Section 1729-A(i) of the Charter School Law.
2. Whether the Charter School Law's provisions concerning liabilities and obligations of a closed charter school bar the redirection of Commonwealth appropriations to satisfy delinquent PSERS contributions.
3. Whether the chartering school district's supervisory responsibilities under the Charter School Law bear on the treatment of the charter school's delinquent PSERS contributions.

Disposition

other