Career Connections Charter Middle School plans to open its middle school this morning despite appeals filed by Pittsburgh Public Schools.

Tim McElhone, vice president of the Boys & Girls Club of Western Pennsylvania, which operates the school, yesterday said the school expects to have about 60 students in grades 6 and 7 although some may wait to enroll until the dispute is resolved.

The club also operates Career Connections Charter High School, which is in its eighth year and has more than 300 students.

The middle school initially will open in the high school's Lawrenceville building. Plans call for moving to 141 41st St., Lawrenceville, known as the Catalyst Building. A zoning hearing is scheduled for Sept. 21 on the request for an occupancy permit for a school.

Charter schools are public schools chartered by local school districts and open to students without tuition.

Their home school districts pay a fee set by the state.

The city school board at first rejected the middle school. The charter school then submitted a revised plan on which the board didn't act. Career Connections then filed an appeal with the state.

On Aug. 16, the state Charter School Appeal Board ruled in favor of Career Connections. Its written opinion arrived yesterday.

The city school district asked the appeal board for a stay and reconsideration, but the appeal board won't act on that request, said state Department of Education spokesman Brian McDonald.

Instead, it will keep its eye on an appeal the district filed Tuesday with Commonwealth Court. The school district has asked for a stay there as well.

City school Solicitor Ira Weiss noted that the school will open in a building other than the Catalyst Building named in its application.

"We're in the process of reviewing that issue and determining whether the district has any remedies under the charter school law with respect to this issue," Mr. Weiss said.

Mr. McElhone said, "We fully expect we will be in the Catalyst Building very shortly.

Until we kind of work our way through the process, we think the space we're using is going to be very suitable to our needs."