Vouchers Stymie Passage of Amendments to Charter Legislation in PA House

                                                    CHARTER SCHOOL ALERT

With the fate of amendments to the Charter School Law of 1997 held hostage by the heated debate over whether the Commonwealth should be in the business of providing school vouchers, proponents of reform of the Charter School Law were left with little cheer about after the House of Representatives voted 90-105 on December 14, 2011 to defeat Amendment A07732 to SB 560.

Even with the enthusiastic support by Governor Corbett of a school voucher program sponsored by the Commonwealth, the Pennsylvania House of Representatives was gridlocked when it came time to consider the House's companion version of the bill approved by the Senate on October 26, 2011.  House Republicans tried hard to preserve some elements of a voucher plan but, absent sufficient votes, turned instead to a bill that would have authorized the establishment of a State Commission on Charter Schools to authorize charter schools and charter renewals and would have also expanded the earned income tax credit.  The bill that was ultimately considered at 10:50 P.M.-- just in time to allow for the minimum 10 minutes for voting and still abide by the prohibition on sessions continuing past 11:00 P.M.-- was put forth by House Majority Leader Mike Turazi (R-Allegheny) and Tom Killion (R-Chester and Delaware).

With the passage of SB1 and the defeat of Amendment A07732 to SB 560, where does that leave school administrators and trustees?  We are essentially in the same position as if neither the Senate bill nor the House amendment were considered.  There is no law for Governor Corbett to sign at this time and, as best as we can tell from public sources, the House is not likely to take up charter school law revisions in 2012.  So, the Charter School Law continues in full force and effect and administrators and trustees can focus on continued compliance with the law as they have known it for nearly 15 years.

This Charter School Alert was authored by Eric L. Silberstein, an attorney with Salvo Rogers & Elinski in Blue Bell, PA.  Mr. Silberstein, a member of Salvo Rogers & Elinski's Corporate and Real Estate Groups, has practiced law for 20 years and works closely with charter boards and administrators on governance, financing, special education, real estate, charter renewals and other charter matters.  Mr. Silberstein is admitted to practice law in Pennsylvania, New York and Connecticut.  He can be reached at (215) 653-0110 or esilberstein@salvorogers.com.  Salvo Rogers is a boutique law firm started in 1988 that is committed to providing high quality, personal service and cost effectiveness to clients pursuing business transactions, commercial real estate matters, and trusts and estates planning.

Please continue to follow other Pennsylvania charter school news of interest posted on my blog, "PA Charter School Law Forum:" pacharterlawforum.blogspot.com.  Your comments and suggestions are welcome.