Two teachers’ challenge to an educators union’s fair share fee collection policy is set to return to trial court to determine if the plaintiffs can seek attorney fees on a case that had been dismissed as moot. 

The Commonwealth Court remanded the case back to the Lancaster County Court of Common Pleas, which is now tasked with reviewing the merits of the teachers’ constitutional claims to determine if they can be considered a “prevailing party” and can therefore seek attorney fees for its suit against the Pennsylvania State Education Association.