Behlehem Area School District Assistant Superintendent and Chief Academic Officer Jack Silva recommended that school district board members deny a request submitted by the Lehigh Valley Dual Language Charter School (LVDLCS) to expand operations into another facility.

Officials from the charter school reacted immediately to Silva's recommendation.

"Obviously the recommendation from Dr. Silva to not approve a second site has us extremely disappointed," said LVDLCS Principal Lisa Pluchinsky.

Pluchinsky got the bad news during a school board meeting July 22 after she made a presentation hoping for the board's approval to expand operations into a secondary location.

"They (the board) approved our charter. The charter is written K through 8. We cannot implement our charter in our current facility. They approved the charter but now they are saying we cannot implement it," Pluchinsky also remarked.

According to Silva, Pa. School Charter Law prohibits charter schools from operating more than one facility, and because of that law, the board must deny the request.

LVDLCS officials say their primary building, located on 551 Thomas St. in Bethlehem, lacks the space to house the current student population and the additional students set to begin classes dents set to begin classes in the upcoming school year.

These officials also argue that a second facility is needed to give middle school students a true educational experience geared to their age and social needs. The second facility would house those students.

But if the school district and the charter school fail to reach an understanding before the new school year begins, both elementary and middle school students will have to share the same primary facility.

"We are continuing to be hopeful that we will be able to work together with the board to come to some kind of understanding before the start of the school year," Pluchinsky insisted.

Does the BASD have the last word on this matter? Probably not.

According to Brian Leinhauser, legal counselor for the dual language charter school, BASD officials might be "misinterpreting" the charter school statute.

Leinhauser said that in a previous case, two Pennsylvania courts ruled that no provision in the current statute sets a particular number of locations a charter school can operate. He warned that if the board doesn't change its mind about the dual language charter school request, an appeal will be filed with the Pa. Charter School Appeal Board.

And Leinhauser intends to use that previous case as a legal precedence in an appeal.

"Our hope really is that the local district will look at the law and apply the law appropriately and render a decision that is in the best interest of the students of the charter school," Leinhauser said.

Responding to Leinhauser's remarks, Silva said, "As with many school issues and the law, I am not surprised that lawyers may disagree over the meaning of a statute or court decision."

However, Silva did not say if he or other Bethlehem school district officials knew about this or other legal precedences.

School board members stated that the BASD solicitor must immediately begin investigating the legal precedence Leinhauser spoke about.

A final vote on LVDLCS's request for expansion into another facility is scheduled for Aug. 12.

In Pennsylvania, charter schools must seek approval from the local school district they are located before implementing any changes pertaining to curriculum and operations.