Cyber Charter Schools Are Subject to COVID Emergency Leave Law, Fed Judge Rules The Legal Intelligencer by P.J. D’Annunzio, May 12, 2021

“Pennsylvania law provides that charters, like its school districts, are bodies corporate and gives charters the power to sue and be sued to the same extent as political subdivisions and local agencies can be sued,” Kenney continued.

Cyber charter schools considered “public agencies” must adhere to the Families First Coronavirus Response Act in instances of employees seeking emergency leave, a federal judge has ruled. U.S. District Judge Chad Kenney of the Eastern District of Pennsylvania’s ruling comes in the case of Filippone v. Agora Cyber Charter School, in which he rejected the school’s argument that it was not subject to the FFCRA. Plaintiff Heather Filippone is a teacher at the Agora Cyber Charter School. According to Kenney’s opinion, the outbreak of COVID-19 shut down her children’s in-person public schooling and forced her to supervise them at home while also teaching a reduced schedule at Agora, an accommodation Agora offered to employees.