Mark Seiberling, a Partner in Kleinbard’s Litigation Practice, along with Litigation Partner Shohin Vance and Litigation Associate Miranda Dang, achieved a notable win for Franklin Towne Charter High School in its battle over its charter revocation and the hearing officer appointed to preside over the charter revocation proceedings. The win is monumental, not only for Franklin Towne, but the students, families, and administrators and community, who can continue to benefit from its nationally recognized educational opportunities.
Beginning in August 2023, the Philadelphia School Board voted to begin revocation proceedings against Franklin Towne, citing allegations that the school had rigged its lottery to exclude students from certain zip codes and siblings of students with academic and behavioral issues. However, days before the charter revocation proceedings were scheduled to begin, Franklin Towne asked a judge to intervene, saying that the hearing officer hired by the school board, Rudolph Garcia, should not preside based on his historic appearance of bias in charter revocation and nonrenewal proceedings, as detailed in an independent report commissioned by the school board. Franklin Towne later added more charges to its claim, challenging as unconstitutional the portion of Pennsylvania law under which the school board sought to revoke Franklin Towne’s charter.
After nearly a year, Philadelphia Common Pleas Court Judge Anne Marie Coyle granted Franklin Towne injunctive relief and banned the school board from utilizing Mr. Garcia as its designated hearing officer in any charter revocation proceedings involving Franklin Towne. The school board has since appealed Judge Coyle’s order, but Judge Coyle’s order precludes the school board from commencing charter revocation proceedings against Franklin Towne during the pendency of the appeal.
“School officials were pleased with Judge Coyle’s thorough and well-reasoned decision and were optimistic that the district and board will finally take the advice of Judge Coyle by engaging in meaningful, alternative resolution of this matter for the benefit of the students involved instead of continuing to waste public money and further litigate this matter in the courts,” said Seiberling.
More information can be found in The Philadelphia Inquirer.
