03/02/2020
COMMONWEALTH COURT OF PENNSYLVANIA FINDS EDUCATIONAL MERIT IN HIGHSPIRE EDUCATION COALITION’S PETITION, OVERTURNS SECRETARY OF EDUCATION’S DECISION AND ORDERS ESTABLISHMENT OF INDEPENDENT SCHOOL DISTRICT
HARRISBURG, PA (March 2, 2020) – In a precedential opinion issued earlier today, the Commonwealth Court of Pennsylvania found educational merit in the Petition for the Formation of an Independent School District brought by the Highspire Education Coalition and reversed the Dauphin County Court of Common Pleas with instructions for the trial court to enter an order establishing the formation of an independent school district in Highspire, Pennsylvania pursuant to Section 242.1 of the School Code, 24.P.S. §2-242.1.
The Commonwealth Court found that Pennsylvania Secretary of Education, Pedro A. Rivera, exceeded the scope of his statutory authority in determining that the Coalition’s 2014 petition lacked “educational merit” based upon “conjectural adverse financial projections.” The comprehensive opinion, authored by President Judge Mary Hannah Leavitt, rejects the Secretary’s attempts to justify his denial of the petition on financial grounds, ultimately concluding that the “educational opportunities denied to Highspire students will not solve the district’s financial challenges.”
The Court agreed with the Coalition’s argument that the Secretary’s decision effectively constructed a “financial paradox” in which Highspire’s students were required to remain in a school district that is projected to continue to experience a persistent structural deficit with or without them, while also simultaneously denying those same students the ability to utilize their right to seek to improve the quality of their public education explicitly because of the perceived cost their exit would create for the Steelton-Highspire School District.
The Coalition appealed the Secretary’s initial denial of the petition in an effort to have the review correctly focused on educational concerns and not financial matters. “The Coalition is very pleased with the Commonwealth Court’s decision,” said Ken Becker, a spokesman for the coalition who filed the petition on behalf of Highspire residents. “Ensuring the children of Highspire are receiving a high-quality education has always been our top priority,” Becker continued, “and today's decision recognizes that objective and brings us even closer to the delivery of our goal to our students.”