The state Supreme Court has agreed to hear a case on whether an enrollment cap imposed by a Philadelphia charter school was valid before state law on the issue changed, but not afterward, as the Commonwealth Court has held.

In taking up the case of School District of Philadelphia v. Department of Education, the justices directed the parties to brief the court on whether a charter school's signing of a charter that features a unilaterally imposed enrollment cap can be considered an "implied acquiescence" to that cap under Section 1723-A(d)(1) of the state's Charter School Law.