Saturday, June 26, 2010

FWCS answer to Elmhurst lawsuit - Stall

FWCS continues trying to delay justifying in court why they decided to close Elmhurst. Undoubtedly they think that stalling until school starts and perhaps cleaning out the building before that time will make a judge more likely to agree that the issue is moot. But if their case for the closure is well justified and well documented why not just present it in court and get it over with?

Probably because their case is bogus. If you've already made up your mind what you want to do, it's no problem to come up with something, like say a matrix, that makes the numbers come out the way you want them to. Having years of experience telling management what they wanted to hear, I could have come up with a matrix to close Wayne for example. But that's not saying FWCS would stoop that low.

And why gut the building anyway unless they're afraid it will end up as a charter school? Frank Gray's column in the JG last week was searching for uses for the building, but not that one. That's one the JG would never mention. Would FWCS also spend taxpayer money to tear it down to keep it from "falling into the wrong hands"? Like in Gary which has 20 schools standing empty but is trying to figure out how to keep them away from charters. So much so that Mitch is trying to pass a law to enable charters to use them.

13 comments:

Spencer Clay said...

There is no doubt that Dr. Robinson and her cronies are using the bad economy to settle some old scores with the Elmhurst community. What's ironic is that Elmhurst actually had a learning community and for the past ten years had constantly done better than North Side, South Side, and Wayne. Why then did Dr. Robinson close Elmhurst? Building concerns you might ask. If the building was in such bad shape why would FWCS not allow the building to be independently inspected? It is for the same reason that Dr. Robinson will not face the Elmhurst community in a court of law. Dr. Robinson does not want the public to know the truth. Delay, delay, and more delay. Maybe she hopes the Elmhurst community will finally give up. Fat chance. If this ever goes to court I have the feeling that the Elmhurst community might survive with its building and traditions intact.

Code Blue Schools said...

At the very least they want to avoid having their decision process examined in open court. And there's always the possibility the court will order them to keep the school open. So while stalling may let them prevail, their image is going to take a hit. They refused to seriously consider other possbilities, such as moving a middle school into the building or cutting $1.7MM another way to keep it open for the time being.

For its acdemic success Elmhurst has earned the right to stay open. Wayne, especially has not.

siestagirl said...

HEY, FWCS, nice security! Someone walked into Elmhurst last week and stole the girls' state championship banner! Wonder what else will walk out door at taxpayers' expense?

Jon Olinger said...

Stall yes, but eventually the court will toss the suit either on a 12b-6 motion (failure to state a claim for which relief can be granted), or a simple summary judgment in favor of FWCS and here is why.

1. We all can agree that the board has wanted to close Elmhurst for a long time, but the issue was used as a red herring during the run up to the 1/2 billion dollar bond drive.

2. The board claims to be closing Elmhurst to save the district money, however, it is unlikely that closing Elmhurst will save a substantial amount of money unless they sell the building quickly (they will not).

3. Elmhurst's performance is better than all the schools the students will be transferred to next year....

but...here is why FWCS will win the lawsuit.

1. They don't need anyone's permission to close a school.

2. As long as FWCS provides an education to the Elmhurst students the court will back FWCS.

3. The court will NEVER rule that moving students to underperforming schools within the same district is a violation of their civil rights, because to do so would also be ruling that every student currently at Wayne, NS, and SS has had their civil rights violated and thus has a right to go to Elmhurst.

Further more if Snider is outperforming Elmhurst how is it not a violation of Elmhurst Students civil rights not to be transferred to Snider..

Elmhurst will lose the lawsuit unless it can be found that a sunshine law was violated in the decision process. If that is the case it will only take a revote to close the school.

The lawsuit is looked upon by Wendy and the board as a flee buzzing around its head. It is nothing but a nuisance and beyond swatting it, they are not going to spend a lot of energy worrying about it. They are continuing to plan the transfer of Elmhurst students to the other FWCS schools.

The only way this could have been avoided or decisions like it avoided in the future is a different choice at the ballot box…

This is why elections are important....

siestagirl said...

Jon,
I think you are right, but if it is such a flea, why do they hire outside counsel?? What does Wm Sweet, Esq actually do???

Interested in your opinion: as stated in the F Gray article, does FWCS have to appraise and sell Elmhurst at market value? Doubt they did that when they sold Duemling and the Canterbury elementary school.

Spencer Clay said...

Jon,

You are probably correct. What would be nice is if FWCS has to open its books and explain in "detail" how they spend taxpayers' money,

You are also correct when you write that elections count. Now stop eating at Ziffles and let's hit the campaign running.

Jon Olinger said...

siestagirl,
Yes any property bought or sold either by eminent domain, or on the open market must be sold at market value. I wasn’t around for Canterbury (or Anthony Wayne Elementary School), but I was there when the Duemling Clinic was sold, (five separate times) and it was sold at market value. (which was substantially lower when we sold it than when we bought it.) But…what is market value for a school building… It’s not like an appraiser can locate three other high school buildings that have sold in Fort Wayne over the past year and obtain a value. Market value of Elmhurst is essentially whatever someone is willing to pay for it.

Spencer….hmmm stay at Ziffles with all you can eat ribs… or sit in a board room with Mark GiaQuinta……tough choice

Code Blue Schools said...

Sit in a board room with GiaQuinta? That choice is easier than passing the new ISTEP.

siestagirl said...

Jon,
Thanks for the explanation.

Anonymous said...

I have watched the debated and have listened from afar. I truly believe that money must be cut from the FWCS budget, and closing a school may be one option to do so. However, they also need to cut the overbloated administration at each of the high schools; the district still has 1 principal, 3 vice principals and 1 athletic director at 5 schools. Think about do you read need 25 administrators for the high schools. I believe that EACS has a decent model where they have 1 principal and 2 vice principals (one v.p. does both discipline and athletics) at its high schools. With that being said, I have heard a number of rumors about a charter high school in Fort Wayne. While I welcome that idea, there are other options, such as the Cristo Rey model provides. Cristo Rey is a fantastic Catholic school system, national, that allows students to complete work study for tuition. They make the students work hard, and interestingly enough all their graduates (1,000 or more) in 2010 were accepted to a college.

Anonymous said...

BTW...If you want to meet GiaQuinta for a drink, come on out to Beemer's at the corner of U.S. 30 and Allen County Line.

Code Blue Schools said...

Anonymous-

I assume Cristo Rey is a high school program, which means that students should be prepared to enter high school. FWCS has way too many kids socially promoted through the middle schools (nearly half) who are not prepared. They're touting their "high school reinvent" which won't work for the same reason.

Anonymous said...

Cristo Rey's students are usually way behind, however their students must perform and obtain a strong work ethic; that is the difference between the two systems. FWCS could assist their students in developing a work ethic, but they choose not to do so.