Matter of DeVera v. Elia

The Court of Appeals affirmed the Appellate Division concluding that the Commissioner of the State Education Department’s determination regarding Petitioner’s request for funding was affected by its erroneous interpretation of “universal Pre-K” law, holding that the statutory scheme governing charter school pre-kindergarten program allows for shared oversight authority between charter entities and local school districts.Petitioner was a not-for-profit education corporation which operated dozens of charter schools across New York City. Petitioner requested an order directing the New York City Department of Education (DOE) to pay for certain pre-kindergarten programs and a declaration that the DOE contract seeking to regulate the curriculum and operations of the charter school pre-kindergarten program was unlawful. The Commissioner concluded that DOE was not required to pay Petitioner for the pre-kindergarten programs and that, with the exception of two aspects in the DOE contract, the contract was lawful. Petitioner then filed this N.Y. C.P.L.R. 78 petition seeking to annual the Commissioner’s determination. Supreme Court dismissed the petition. The Appellate Division reversed. The Court of Appeals affirmed, holding that the Commissioner’s determination was affected by an erroneous interpretation of N.Y. Educ. Law 3602-ee. View "Matter of DeVera v. Elia" on Justia Law