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January 9, 2012, Number 82
Considerations Regarding Enrollment of Early Learners: The Pennsylvania Supreme Court Weighs In
By and , Esquires
The Pennsylvania Supreme Court, in Slippery Rock Area School District v. Pennsylvania Cyber Charter School, recently held that Pennsylvania school districts are not obligated to make payments to cyber charter schools for students who do not meet the minimum age requirements of the school districts of residence. The holding was a reversal of the lower court’s decision and creates significant new caselaw regarding minimum enrollment age for students in cyber charter schools.
Under 22 Pa Code 11.14, school districts have the authority to set a minimum attendance age. The court in Slippery Rock held that a school district has no obligation to provide educational programming for a student prior to the minimum age set by the district. Cyber charter schools do not have similar authority. They are entitled under the PA School Code to set the ages and grades that will be served by the cyber charter school; however, the PA Supreme Court in Slippery Rock found that the provision does not obligate school districts to provide funding for a student who would not be eligible for public education by the district of residence based on age.
Does This Decision Apply to All Charter Schools?
While the decision deals specifically with cyber charter schools and does not address whether the same ruling would apply to a regular charter school, there is nothing in the charter school law that suggests a different outcome. Therefore, it is reasonable to conclude that the finding made in this decision would apply to non-cyber charter schools as well.
What Is the Rule for Kindergarten Minimum Attendance Age?
Public school districts can set a minimum attendance age for kindergarteners at anywhere between four years and the minimum age for first-graders. The minimum age for first-graders must be between five years, seven months old by September 1st and/or six years old by the start of the school term. Under Section 11.17 of the School Code, a school board may, upon parental request and with the recommendation of a public school psychologist and the approval of the superintendent, admit into first grade a five year old who has demonstrated readiness.
What Does this Mean for School Districts and Charter Schools?
School districts and charter schools should be aware of the age set by the school district for kindergarten eligibility. Both should be cognizant of the obligation of each as to payment for students admitted by a charter school who are below the minimum age of attendance established by the district. Under Slippery Rock, a school district has no obligation to pay for such students.
School districts should evaluate their existing policies. Some districts set a specific minimum enrollment age that can be lowered to four years old if a child meets one or more specific criteria, such as recommendation by the school psychologist or early-entrance testing. Such language requires that the district evaluate cyber charter and charter school students in light of its criteria.
As a result of this case, districts with such criterion-based policies can expect cyber-charter and charter schoolsto examine those criteria much more closely. The most cost-effective policy decision for districts is simply to choose a reasonable kindergarten admission age with no exceptions.
Cyber charter and charter schools need to be familiar with the board policies of their chartering districts. Those charter schools whose programs are open to students below the minimum enrollment age should be aware that Slippery Rock bars the charter school from billing the district of residence for students who do not meet that district’s minimum age requirements.
As a result, cyber charter schools could incur substantial cost. New cyber charter and charter schools and those in the process of charter renewal should consider Slippery Rock when determining the ages of students who will be served by the charter school. Ideally, the minimum age, if included in the charter application, should mirror that of the district(s) of residence / chartering district(s), which will ensure the ability to receive funding from the school districts for all students.
Bottom Line for Schools
To be considered, of course, is the philosophy of educators in both districts and charter schools regarding very young learners measured against costs for early admission to school. The costs to be weighed include consideration of the impact of early enrollment on a very young child as well as the dollars to be spent. The minimum age for enrollment in public school districts, as established in local school board policy, can have a significant financial impact on both school districts and charter schools, cyber and non-cyber.
Careful examination of board policy by both the districts and the charter schools is necessary, and review of such policies as well as revisions to the charters themselves could potentially save a significant amount of money for both school districts and charter schools.
An outstanding question is whether a school district should be reimbursed for funding any students they’ve already paid for who do not meet the district’s minimum age requirements. This decision did not address that issue.
If you have any questions about this or other education law matters, please contact your solicitor or an attorney in our Education Law Practice Group.
This School Law Bullet is meant to be informational and does not constitute legal advice.
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