Palisades School District v. Lehigh Valley Charter School for the Performing Arts, EDU

In Palisades School District v. Lehigh Valley Charter School for the Performing Arts, EDU 2005-SLAP-0064037 (January 27, 2006), a student completed three years of high school at Palisades High School, a public school, and then attended two years at Lehigh Valley Charter School, even though at the conclusion of the first such year, he had completed all requirements for graduation set by the charter school, the school district and the Commonwealth. The Department concluded that Palisades was not required to fund the student's education beyond the fourth year of high school, noting that there is no statutory or regulatory provision that contemplates a student's attending a fifth year of high school after he has completed all the requirements for graduation in four years. Palisades, at 5-6. Thus public funding of such post graduate programs was not warranted. In contrast, the Public School Code and regulations promulgated thereunder specifically allow schools to establish a kindergarten program and to admit four year olds, at the discretion of the Board. See Section 503 of the Public School Code, 24 P.S. 5-503; 22 Pa. Code 11.14.