School District’s Liability for Charter School’s Failure to Make Retirement Fund Payments • Outstanding Obligation of Closed Charter School • Public School Employees’ Retirement System
Pocono Mtn. Sch. Dist. v. Pennsylvania Dept. of Educ., PICS Case No. 17-0037 (Pa. Dec. 28, 2016) Donohue, J.; Baer, J., (dissenting) (32 pages).
The Department of Education could only withhold funds equaling a charter school’s PSERS contribution from the chartering school district if the charter school remained in operation at the time of withholding, since the Charter School Law further absolved the school district from any outstanding obligations of a closed charter school and delinquent PSERS contributions constituted an outstanding obligation or liability. Order of the commonwealth court reversed.
