A proposal for a controversial boys-only charter high school didn't make the cut yesterday when the School Reform Commission unanimously approved three new charters.

The Southwest Philadelphia Academy for Boys was rejected along with six other proposals at the panel's regular meeting.

Though the school district operates an all-girls high school and contracts with a private company to manage another all-girls school and an all-boys school, some district officials cited legal concerns among the reasons for rejecting the all-boys charter proposal.

"I reached a conclusion that the Pennsylvania Equal Rights Amendment does bar governmental action on the basis of sex," said commission member Daniel Whelan, an attorney. "So I think we were just buying a lawsuit. I don't think it is permissible under the law."

Commission Chairman James Nevels, also an attorney, said school district lawyers told him the three operating single-sex schools pass constitutional muster. The latest proposal did not meet district standards, he said.

The head of the group that pushed for the all-boys charter said the group would try to re-educate the commission on the school's merits and legality.

A spokesman for the U.S. Department of Education said single-sex schools are permitted under federal law.

The 10 charter proposals submitted to the commission were graded in 11 areas under a new policy - legal, accountability, curriculum/school design, special education, equity, finance, governances/management, facility, safety and community involvement.

Backers of proposals that scored at least 3.0 on a 4.0 scale received hearings. Six of the 10 groups made the cut. The first scores and the hearing scores were then averaged, and only three proposals remained above the 3.0 cut-off point to win approval, said William Tomasco, from the district's charter school office.

He said the boys-only proposal got a low score in the legal area.

District chief executive Paul Vallas said the proposal's overall score was 2.8.

"We like the concept," Vallas said. "It's just that these schools are going to be approved based on their merit. Believe me, we would have been delighted to have approved a gender-separate charter school."

Some studies have found that boys and girls perform better academically when taught in single-sex schools.

Critics say such schools violate federal and state laws. At last week's commission meeting, the Women's Law Center spoke out against the proposal.

David Hardy, who led the group that submitted the boys charter school proposal, said: "We're devastated. We put a lot of time and a lot of effort and resources into getting this done. And to have this happen, it's devastating."

"We feel firmly correct in our opinion. We feel there just needs to be a little more education done with the commissioners," Hardy said.

Chad Colby, a spokesman for the U.S. Department of Education who addressed the permissibility of single-sex schools, said:

"The current Title IX regulations permit single-sex schools, subject to certain requirements. A local educational agency currently may provide a nonvocational single-sex school to students of one sex if the [agency] otherwise makes available to students of the excluded sex... comparable courses, services and facilities."

The three charters approved yesterday are to open in September 2007.

They each received five-year operating agreements. They are expected to reduce overcrowding at nearby schools, and will bring to 58 the number of charters that have been approved to operate in Philadelphia.

At next month's commission meeting, a handful of existing charters may also win approval to open additional sites for '07, Vallas said.

Approved yesterday:

• Pan American Charter School is supported by community group Congreso de Latino's Unidos, Inc., and will open at 3039-3051 B St. It will serve grades K-8. Enrollment will start at 381 and grow to 717.

The school will promote academic excellence through rigorous instruction and the integration of cultural awareness, according to a school district fact sheet. The school also plans to apply for the International Baccalaureate Organization's primary-years program.

• Southwest Leadership Academy is backed by Victory Schools, the for-profit company that manages the district's boys' school, FitzSimons High, and a girls' school, Rhodes High.

The K-8 school is to open at 2240 S. 71st St. with 208 students to start and grow to 416.

A rigorous academic program will be offered with character and leadership development with a career-education component, according to the district.

• TrueBright Science Academy Charter School will partner with Rowan and Widener universities, Lockheed Martin, Siemens and Einstein Medical Center.

The school address is listed at 5201 Old York Road. Grades 7-12 will be served, and the enrollment will start at 200 and grow to 350.

The curriculum will focus on science and technology. Students will receive laptop computers, the district said.