More documents were filed in October in the New Hope Academy Charter/York City School District fight.
Two of these documents – a request from the district to ‘quash’ New Hope’s appeal, and New Hope’s response – largely say what we already know: York City holds that there was a 30-day deadline for New Hope to appeal the denial of its charter renewal. New Hope holds that there is not.
Both parties cite different charter appeal board cases to make their arguments, according to legal documents.
Either way, the documents show there’s a need for clarity on the issue.
York City’s attorneys state that, if there is no deadline to appeal, a revoked or not renewed charter school “could wait indefinitely to file its appeal, all the while continuing to enroll students and to collect taxpayer dollars from resident school districts, without any recognition or finality of the school board’s revocation or non-renewal decision.”
Charters are allowed to stay open if appealing such decisions.
New Hope, however, argues that such a hypothetical situation is not what’s happening in its case, and that the charter school filed appeal 46 days after the school board denied its renewal.
If the charter appeals board wishes to avoid the possibility York City describes, New Hope argues, the board should take the steps to make a deadline.
“If CAB agrees that the hypothetical situation posed by the school district would in fact be undesirable, CAB can take proper steps to avoid that situation through ordinary rulemaking,” New Hope’s motion states.