Boyertown Area School District v. Department of Education ( 2002 )

CONCURRING OPINION BY

JUDGE PELLEGRINI.

While I concur that Petitioners have a right to a hearing, the scope is limited. In this setting, the Secretary only determines if the charter school has properly documented that its students are enrolled and the amount to be deducted from the respective school district accounts. The propriety of the charter of the charter school is not before the Secretary because he did not participate in the decision to award the charter. That decision was made by either the school district or the Charter Schools Appeal Board.

Judge COHN joins in this concurring opinion.