Campus Community Loses Appeal In Federal Court Over Special Education Lawsuit

McAndrews Law Firm, a special education law firm with offices in Delaware, recently won a special education lawsuit that went all the way up to federal court.  I imagine the price tag, once calculated, will be very steep for Campus Community School, a charter school in Dover. Continue reading

Greg Meece Stumbles In The Dark Trying To Explain Settlement (Again) To NCS Parents But Shines A Light On The Truth

New details emerged in the never-ending Christina-Delaware Department of Education-15 Charter Schools lawsuit/settlement thanks to Newark Charter School leader Greg Meece.  I guess now that the ink is dry on the settlement, people can say whatever they want, right Greg?  We shall see!

From the Weekly Bulletin sent to Newark Charter School parents yesterday afternoon:

Follow-up on the settlement letter

This will provide additional information and clarification about the recent settlement of the lawsuit filed by NCS and 14 other charter schools over what we considered to be funding errors which cost charter schools – and their students – a fair amount over the years. Because we are satisfied with the agreement reached over local funds and pleased with the new level of transparency created by the agreement, we are happy to offer the following clarifications:

– We stated that the general idea is that the property taxes paid by residents, which are initially held by the local school districts, should follow the child when families choose to enroll their children to a public charter or choice school in Delaware. We believe that, for whatever reasons, in the case of Christina School District (CSD) that was not being done. But we also concede that, as in most settlements, the district admitted no wrongdoing.

– We stated that the August decision was made by the Secretary of Education. Actually, the August decision was made by other Delaware Department of Education (DDOE) executives and Secretary Godowsky was not involved until later. In September, he reversed his Department’s earlier decision and we sued. 

– Finally, we said that “both CSD and DDOE agreed to cover the cost of the charter schools’ legal costs.” Let us clarify. In the complaint filed in court, we demanded an award of attorneys’ fees. During the negotiations, we pressed that same demand. The resulting agreement, while not mentioning the subject of attorneys’ fees, provides for a one-time payment of $150k from each defendant. Naturally, the plaintiffs are free to spend that one-time payment as they see fit and have decided to pay their legal fees with it, and we have been told that both DDOE and CSD are paying that amount directly to the charter schools’ attorneys. We are told, in CSD’s case, that payment is funded from “true-up” funds created by a switch in the method of calculating the share going to charter schools.

We hope these clarifications resolve any confusion about the settlement and want to reiterate its essence: both sides agreed to a sharing of local revenues that each believes represents fair compromise and charters will now be given the information in coming years to assure that fairness continues. We are pleased that the Department and CSD have approved the settlement and look forward to working with each in the future.

Ah, Greg Meece, you are crafty.  That is for sure!  So if I understand this correctly (as well as the thousands of readers who are probably sitting with a dropped jaw right about now), Secretary Godowsky did NOT know about the changes to the local funding formula.  Which is one of his job duties, to approve that formula by September 1st.  But one could presume, if no changes were presented to him, there would be nothing to approve if the old formula was used.  So can someone please tell me why the 15 charters named Godowsky personally in the lawsuit if they knew he did nothing wrong?  And it’s not like this is new news.  State Rep. Earl Jaques confirmed this in an email I published three months ago.

Greg Meece, are you telling me your attorneys willfully put something in a lawsuit they KNEW wasn’t true?  Or was this oh-so-little detail discovered after the lawsuit was filed?  Either way, it would have come up before the settlement was written.  But the settlement specifically gives details about Godowsky back-tracking on his decision.  But it was never a decision he made to begin with.  So this ENTIRE mess went down because Delaware Dept. of Education officials neglected to give their State Cabinet-level superior information that IS IN STATE CODE and they only have to pay $150,000 to the charters for “whatever they choose but we planned it ahead of time to pay the attorney fees“.  This seems VERY convenient.  Too convenient.  If this is not the very definition of a shakedown, I don’t know what is.  Maybe Secretary Godowsky should sue the fifteen charter schools for a frivolous lawsuit.  And Bob Silber.  And the Christina School District.  The only way Meece can say this wasn’t Christina’s fault is because of the nature of settlements.  People try to tell me what a great guy Meece is.  I don’t see it.  Someone who is okay with playing games with tens of thousands of student lives, staff members, educators, and taxpaying citizens is not in my definition of a good guy.

So we have Greg Meece, the same guy who got this snowball rolling down the hill to begin with, openly admitting this was all the DOE’s fault, but he is glad Christina and the charters could come up with a mutual agreement?  Are you out of your damn mind Meece?  So why was Christina even named in the lawsuit to begin with if this was all a colossal screw-up by the DOE?  IF I were the attorney for this, the only legal option would be to go after the DOE.  UNLESS I was already planning on a settlement.  With some other easter eggs thrown in for good measure.  Things like the tuition and match taxes.  Opening the door for them.  Very smart.  Very shady.   Very Delaware.  And 4 out of 7 Christina board members fell for it.  For now.  There is still some information that hasn’t come out yet Greg.  But I know it.  And it will.  Good luck with THAT weekly bulletin Greg!  But I do want to thank you for reading my article I put out last Monday based on your last missive to the NCS parents.  Had I not put that article up, would you be bending over backwards trying to “clarify” things with NCS parents?  I tend to doubt it.

To read the FULL NCS Weekly Bulletin, and learn all about the have to see it to believe it “Hour Of Code”, see below.

Fraud & Cover-Up Evade Transparency Through Attorney General Matt Denn’s Office

defoiadeclaration

A pungent stench is coming from Delaware Attorney General Matt Denn’s office when it comes to the Freedom of Information Act.  When the Delaware Attorney General’s office gets the facts wrong on a response to a FOIA complaint, the only way for a Delaware citizen to correct those errors is to file with the Superior Court.  Which costs money and fills the state coffers.  Can someone please remind me why I pay taxes for a state where our Governor feels “sunshine is the best disinfectant“?

The response I received two days ago from Matt Denn’s office stems from my FOIA complaint and the Delaware Dept. of Justice’s response to that FOIA which came out on October 28th.  The Delaware Pathways Steering Committee did not publish their first meeting anywhere and I filed a complaint.  Considering the DOJ is still working on a FOIA complaint I submitted last March, it seems there was a rush to put the matter concerning Governor Markell’s Executive Ordered Delaware Pathways Steering Committee to bed.

When I emailed Denn’s office to reevaluate the FOIA response the same day, I didn’t hear back from anyone.  On Tuesday I sent an email to Matt Denn asking for any type of response to my October 28th request.  On Wednesday, I received the below email from Kim Siegel, Denn’s FOIA Coordinator.  I did edit out part of the email which covered a separate matter I am working on with Denn’s office.

From: OpenGovernment (DOJ) <OpenGovernment@state.de.us>
To:
Kevin Ohlandt <kevino3670@yahoo.com>
Sent:
Wednesday, December 7, 2016 4:04 PM
Subject:
October 28, 2016 determination

Dear Mr. Ohlandt, 

Attorney General Denn has asked me to respond to the issues raised in your December 6, 2016 e-mail.  Your e-mail makes reference to an October 28, 2016 determination by the Chief Deputy Attorney General in response to a FOIA petition regarding the Pathways to Prosperity Steering Committee.  Under the Delaware Code, a petitioner who is dissatisfied with the outcome of a FOIA determination by the Chief Deputy Attorney General may “appeal the matter on the record to Superior Court.”  Therefore, if you wish to appeal the determination, that is the mechanism under Delaware law by which to do so.  

Sincerely,

Kim Siegel, MPA
Legislative Affairs Manager

FOIA Coordinator
Delaware Department of Justice

So if I am understanding this correctly, when a citizen alleges a public body has violated FOIA, which is the law, the public body can skirt around the law and give false information.  But when the citizen calls them out on it, through a request for appeal, suddenly the DOJ decides the law is important.  The mechanism for appeal is not fair at all to a citizen looking for transparency.

What is the point of a Freedom of Information Act request if the agency looking at it refuses to look at all the facts from both sides?  This is typically how it is done- a party files a complaint with the facts as they know them, the DOJ sends the complaint to the party that had the FOIA complaint filed against them, the defending party sends a response, the DOJ sends the defendant agency’s response to the accuser, and then the DOJ rules on the complaint.  I have had FOIA complaints in the past that dragged out because the DOJ wanted more information.  Apparently, that was not the case with this complaint.  The DOJ Chief Deputy Attorney General came out with this FOIA response in record time without any chance of obtaining more information on the matter.

governorsunshine

Christina Board Meeting Agenda Has A Nuclear Action Item For Consideration Next Week

The Christina Board of Education voted last week to accept the settlement concerning the lawsuit filed by 15 charters against them and the Delaware DOE.  Next week, an action item submitted by a board member could cause a tsunami of controversy.  As well, there is another action item that will certainly cause another ordeal just by being there. Continue reading

Greg Meece Letter To Newark Charter School Parents About Settlement Is Going To Stir Up Trouble

Greg Meece didn’t wait long.  We still don’t have verification that all the charter schools signed the settlement between the Christina School District and the 15 charter schools.  But Meece took his opportunity to brag and he did so with arrogance and a pompous attitude.  Yes, NCS parents, this is your not so humble leader.  I have no doubt this was Greg Meece’s favorite moment of the year.  But the big question surrounds the truth.  It was under the assumption the charter schools and their attorneys over at Saul Ewing offered the settlement.  Other sources have all parties working together over the Thanksgiving weekend to hammer it out.  But what Greg Meece states is something completely new.  And there is another downright dirty thing in this letter which was not written in the settlement the way Meece wrote it.  To me, that kind of negates the spirit of the settlement.  The settlement explicitly stated this was not a case of wrongdoing on Christina’s part, but Meece’s one sentence inclusion in here suggests otherwise.  That line is bolded for emphasis below.

As I was working on my article this weekend about Greg Meece and Newark Charter School, I went over a lot of articles pertaining to the lawsuit.  Why on earth would Christina offer to settle based on their own Legislative Briefing?  Furthermore, I don’t recall their board ever voting on action pertaining to the lawsuit.  I would imagine only the Christina board could direct their attorneys to negotiate a settlement.  The only vote they held about the lawsuit was the one regarding the actual settlement.  So someone is lying.  Is it Christina or Greg Meece?

Dear NCS Parents and Staff:

This regards the lawsuit that Newark Charter School, in conjunction with 14 other charter schools and four parents, filed against the Christina School District (CSD) and Delaware’s Department of Education (DDOE). The general idea of Delaware’s school finance law is that the property taxes paid by residents, which are initially held by the local school districts, should follow the child when families choose to enroll their children to a public charter or choice school in Delaware. In the case of CSD that was not being done. Charter and choice school students were not getting their fair share. The DDOE performed a detailed analysis of this past year’s funding between districts and charter schools. It concluded that CSD had excluded from charter schools more funds than it was allowed to exclude. Delaware law requires that the Secretary of Education make the final determination regarding the allowable exclusions from districts. In August, the Secretary of Education made his decision. This decision would have provided charter and choice students who live in the CSD approximately $450 more per student. In early September, over the charter schools’ objections, the Secretary reversed his own decision, due to outside pressures being made on him. This is when the 15 charter schools decided to sue both CSD and DDOE.

Both CSD and DDOE offered to settle the lawsuit before it went before the courts and the charter schools agreed to the terms of the settlement. Among the details of the settlement:

* The CSD now agrees that $5.5 million in revenue that had been excluded from the pool of funds shared among all students in the district, including those who attend our school, will now be shared with all charter and choice schools serving Christina students.

* The DDOE agrees to bring greater transparency to the process through which it determines each district’s Local Cost Per Student. DDOE is obliged to share information and seek input from charter schools as part of this process.

* We will be working with the CSD to examine whether opportunities exist to share resources to serve special needs students.

* Both CSD and DDOE agreed to cover the cost of the charter schools’ legal costs.

* In return, the charter schools agreed to relinquish claims on funds that may have been inappropriately withheld in past years.

As a result, the tax dollars that should follow your children to Newark Charter School will arrive for this school year and in future years. These funds will be put to good use here, where they belong and where they are needed.

I would like to thank you for your support as we worked through this legal process, and I’m happy to answer any other questions you might have. If you would like to see a full copy of the settlement, we will be glad to send you an electronic copy.

Sincerely,

Gregory Meece, School Director and the NCS Board of Directors

Excuse the hell out of me Greg Meece, but did you just write a letter to parents indicating that Christina broke the law even though the settlement you just signed clearly indicates otherwise?  I have to ask, what the hell is wrong with you?  You just violated your own settlement with this public letter.

Meanwhile, the Christina School District put out a press release on their own website today which doesn’t have a few of the things Meece mentioned in his letter:

Christina School District Signs Principled Settlement Agreement

The Christina School District has signed a principled settlement agreement to a Civil Action by 15 charter schools regarding the sharing of local property tax revenue.

The Christina School District has signed a principled settlement agreement to a Civil Action by 15 charter schools regarding the sharing of local property tax revenue. The charter schools filed the Civil Action asserting that the Delaware Department of Education (DOE), the Secretary of Education, the Christina School District, and the Christina School District’s Chief Financial Officer had breached Delaware law as a result of actions taken by the Department of Education in August and September. The agreement requires the approval of all 20 other parties to the suit, which states that settlement is made by December 2. The Christina Board of Education was required as part of the agreement to approve the agreement on or before December 1. The Christina Board voted to approve the agreement on November 30.
With the settlement, the Christina School District resolves the dispute over revenue generated by a 2003 Referendum passed by Christina taxpayers in a manner which honors the promise made to voters in 2003. In that Referendum, 10 cents per $100 of assessed property value was restricted for expenditures on: 1) Phase-in of full day kindergarten for academically at risk students; 2) Expansion of services for Gifted and Talented Program; 3) Expansion of services for Alternative Programs; 4) Technology replacement schedule. All parties in the civil suit have agreed that the 2003 Referendum revenue will be considered restricted, and may only be used to support these four programs as identified in Section II of the 2003 Referendum ballot. In addition, all parties further agreed that:
  • In the annual certification of Christina School District’s Local Cost Per Student pursuant to Section 509 (e), both the 2003 Referendum Revenue and CSD’s expenditures posted against those revenues will be ignored. In other words, such expenditures will be neither included in, nor excluded from, CSD’s Total Local Operating Expenditures. This is important because under the statutory formula for sharing local property tax revenue with charter schools, if such expenditures are included in CSD’s Total Local Operating Expenditures, the 2003 Referendum Revenue shared with the charter schools would not be subject to the restrictions imposed by the voters in 2003.
  • Beginning with Fiscal Year 17, the revenue generated by the 10 cent levy shall be divided by the total number of students residing in CSD and attending public schools in order to determine the per student share of the 2003 Referendum Revenue.
  • The parties agree that the dismissal shall include all claims that were brought or could have been brought, in the Lawsuit regarding FY’17 or any earlier fiscal year.
  • DOE will recommend a process to be used by the DOE in the future for determining Local Cost Per Student. In this process:
    • Districts will have the opportunity to request DOE approval for Exclusions from Total Local Operating Expenditures, with Districts providing justification for their request.
    • DOE will make a tentative determination responding to each requested Exclusion, together with DOE’s reasoning
    • Districts will have the opportunity to discuss with DOE its tentative determination before such determination is final and included within the annual certification
    • Prior to the annual certification, DOE will provide all charter schools with its tentative determinations, along with District justifications, and will afford the charter schools an opportunity to discuss such determination
    • DOE shall establish a schedule by which it proposes to meet each of the steps noted above.

 

The total amount of restricted funds generated by the 2003 Referendum is approximately $5.5 million. The agreement provides a mechanism for the appropriate portion of these funds to be applied to charter schools that educate Christina students, based on number of Christina students they serve. The portion of restricted funds for all Christina students attending charter schools is estimated to be $1.5 million. The Department of Education is required to establish a unique appropriation for these restricted funds, and is responsible for assuring that they are utilized only for the four programs as identified in Section II of the 2003 Referendum ballot.
For background information on this topic, please use this link to see the presentation made by the District at a Legislative Briefing for elected officials and the public held on September 7, 2016.
# # #

The Christina-Charter School Lawsuit Is Now Public!

That didn’t take long.  Three days ago, the Christina board agreed to the settlement.  Last night it went public.  Delaware Liberal has the whole thing in all its glory.  From what I’ve read, the district is off the hook for any back exclusions.  There will be a one-time payout for this year of $150,000 plus the per student allocation from a 2003 referendum that amounts to 10 cents for every $100 worth of assessed property value.  Christina will pay out the charter school payment part of the $5.5 million they received from the last fiscal year.   But going forward…

DOE will have to determine the exclusions and let the charters review them before the annual determination is made.  Tuition tax will now be a part of the local district payments to charter schools if the charter has comparable special education services to Christina.  Which explains why Newark Charter School took in a special needs child over the summer.  As the parent wrote in comments on this blog, this student was 17th on the wait list at NCS.  One day the parent got a call from the school and her child was in.  That would mean a student left and sixteen parents said no or left the school.  The parent did reach out to me to let me know NCS does not have a football team and that with students who may have moved played a factor.  As well, the parent states the school was not aware her daughter had special needs and had to scramble a week before school to make sure she got a one-on-one para.  They also said there are quite a few students at NCS with either Downs Syndrome or autism that have one-on-one paras.

The settlement also allows for both parties to claim or not claim exclusions from the Match tax.  Which means more headaches in the future.  I have to wonder how all the other school districts feel about part of their tuition tax now going to charter schools if the charters meet that “need”.  Is this why Appoquinimink hiked up their tuition tax last summer?  Did they know what the charters were planning back then?

This settlement releases the charter schools claims against Christina and their CFO, Robert Silber.  But they also filed against the Delaware Dept. of Education.  I don’t see language releasing the DOE.  Is their suit against the DOE still alive?

I would attach the Scribd document from Delaware Liberal, but the ink isn’t dry on the settlement yet.  Thirteen charters, the Christina board President, and Silber all signed.  That leaves two more charters.  Not a (legal) done deal yet.  But why aren’t all the signatures by the President of each charter board?   Some are.  Some are signed by the Head of School or a title similar to that.  But the board is the legal entity behind a charter school, not the Head of School.  I suppose it would depend on the ability of a Head of School to legally bind the corporation to this settlement.  I don’t have time right now to look through the bylaws of fifteen charter schools.  I would think an interim principal, like the one at Great Oaks, does not have that kind of authority.

Out of everything I’ve written about this whole Christina/charter school funding war, beginning at the end of August, as well as the countless other articles in Delaware media, one question still hasn’t been answered.  What made Greg Meece, Steve Dressel, and Joanne Schlossberg from NCS request a meeting with the Delaware DOE and Christina to discuss the local funding formula?  In other words, for 13 years, this 2003 referendum and the 10 cent thing was in play.  DOE signed off in it each year.  But Greg Meece found out about this earlier this year which prompted this whole thing.  Who told Meece about it?  Meece would have gone after this a long time ago had he known about it.  So who betrayed Christina?  It had to be someone with inside knowledge of the district’s finances.  Someone who knew a 13 year history of the finances.  Someone with a deep understanding of school finances.  Someone who had the motive and means and willingness to go after Christina.  Someone who didn’t care that this would affect tens of thousands of kids across the state.  Someone who didn’t care that telling Meece this would instantly cause him to bite the apple and unleash a lot of crap on the Delaware education world.  That is cold and unfeeling.  I am about 99.9% sure of who you are.  I’ve known for a long time.  I know how you like to play the long con.  I also know how you play people.  I know who your allies are and who your enemies are.  One day, your actions will come out.  And your justification for this does nothing.  Not when your sins will cause thousands of students who already had less to lose out even more.  You sold out the kids you claim to stand for.  It doesn’t balance any scales and it doesn’t even begin to absolve you.  You aren’t that crafty.  I saw you coming a mile away.

This is a shakedown no matter how you slice it.  The Delaware DOE, who approved the exclusions for all these years, gets the stiff penalty of having to do some more paperwork, something they thrive at already.  In the settlement, Secretary Godowsky escapes any blame by simply stating he wasn’t aware of the exclusions.  Which could very well be true since he wasn’t confirmed by the Delaware Senate until October, 2015.  But all the former Secretaries of Education would have known: Mark Murphy, Lillian Lowery, and Valarie Woodruff.  Why weren’t they named in the lawsuit if the charter schools had allegations going back to 2003?

I see this as just one more nail in the coffin of public education.  Now this opens the door for charter schools to get more funds from a referendum.  Funds earmarked for a district are now questionable.  Unless some shady deal went down at some point between 2003 and 2015, Christina is not to blame.  So why on earth would they settle?  I highly doubt their attorney fees would have climbed higher than the results of this settlement.  There is no possible way ninety minutes was enough time for their board to digest this settlement.  I read it last night and I still have many doubts.

The whole part about Christina paying $150,000 as a “one-time payment”?  That reeks of the amount Saul Ewing will charge the charter schools for their legal fees.  Wasn’t the Longwood Foundation going to pay for them?

This will be seen as a victory by many charter school parents, especially the ones at Newark Charter School.  They will point fingers at Christina and say “See, you settled, it was your fault.”  This is not a win for kids.

Agenda For Christina Board of Education Special Meeting On Potential Charter Settlement

While no news has surfaced about what the proposed settlement is between the Christina School District and the 15 charter schools suing them and the Delaware Dept. of Education, the board did release the agenda for the meeting tomorrow night.

christinabdmtg113016

The board is certainly in their legal right to have this meeting without seven days notice.  It sounds like some attorneys were pretty busy over the holiday weekend.  This bothers me, a lot.  Any settlement will give the charters what they want… more money.  It will ignore the history between Christina and the Delaware DOE.  The bottom line is Christina submitted exceptions to the local funding formula and the Delaware DOE approved them.  I think any settlement should be paid for by the Delaware DOE.  But what concerns me even more is what happens to future local funding formulas with this settlement.  Which could also impact every single school district in the state.  This settlement agreement has to be made public.  No questions asked.  The people deserve to know exactly what transpired with this whole thing, from start to finish.  It seems like the attorneys “negotiations” could put Christina in a bind.  Is the cost of the settlement more than the potential attorney fees should Christina prevail in the lawsuit?  I would tend to doubt it.  This seems like a hasty rush to resolve a complicated situation before certain powers in Delaware begin their terms.  This whole thing reeks of foul play.  For all the fuss Greg Meece started with this because Newark Charter School didn’t get funding based on Christina’s two failed referenda in 2015, offering a settlement shows severe weakness on the fifteen charter schools part.  Unless there was previous foul play involved long before this topic even came up earlier this year.  Either way, we want answers on this.  Transparency is a must!

Is A Settlement In The Works Between Christina And The 15 Charters?

Christina School District board member John Young announced on Facebook the Christina Board of Education will be holding an impromptu board meeting on November 30th.  The purpose of the meeting: to go into executive session and then briefly come out in public session to possibly vote on a settlement in the lawsuit filed against Christina and the Delaware Dept. of Education.  The suit was filed by 15 charter schools in early October who “claim” they weren’t getting their rightful share of Christina’s local funds and the Delaware DOE allowed this to happen.

I have a gazillion questions surrounding this.

Was this a settlement brought to Christina from the Charter cabal?

Was this a settlement offered by Christina to the Charter cabal?

Is the Delaware DOE part of this settlement?

Should Christina settle?

If they settle, would this cost less than a long drawn-out court battle and they won?

If they lost the court battle, would the judgment against Christina be less than what the charters want?

Why would Christina settle if their CFO Bob Silber said they did nothing wrong?

If they settled, is that an admission of guilt and would Silber resign?

What is the DOE’s role if this does go to court?

If Christina went to court and won could a judge rule the charters have to pay Christina’s attorney fees?

If Christina did settle would that mean the local funding formula would be how the charters wanted it at the beginning of the school year?

What do the legislators think of this news?

Is Betsy DeVos behind any of this? (of course not, but never hurts to ask)

If (and this is a BIG IF) Dr. Robert Andrzejewski becomes the next Delaware Secretary of Education, would this be seen as him clearing the deck for his stint in Dover?  Would it be ethical for him to even entertain a settlement if this is the plan?

Christina doesn’t have an agenda up for this emergency meeting at this point, but I would guess it is coming shortly.  As I reported a while ago, it appears the Longwood Foundation is paying for the charter school cabal’s attorney fees.  And if I know the ringleader of all this (think Greg Meece), I can’t picture him wanting to all of a sudden settle on this.  Could a third-party (say, a recently elected Governor John Carney) have reached out to everyone involved and basically said “work this out, I don’t want to start my stint with all this in the air”?

I need more details on this.  I think Christina’s board should let it ALL out in their “brief” public session on Wednesday night.

So, About Those Attorney Fees For The Charter Lawsuit…

Who is the benefactor to the 15 charter schools suing the Christina School District and the Delaware Department of Education?  You know, the one where the almighty (or are they?) charter schools want more money?  Led and initiated by Newark Charter School who got fourteen other charters to follow suit.  Literally.  As in a lawsuit.  But they had a little problem they had to take care of first.  The damn attorney fees.

I imagine taking a case like this would involve a lot of prep work and discovery.  Saul Ewing, LLP is the law firm representing the fifteen charter schools in their lawsuit against the Christina School District and the Delaware Department of Education.  As the named parties are represented by their own counsel, the charters would have to be able to definitively prove their case.  Or at least a perception of their case.  That’s what attorneys do.  Make a jury or judge believe their side of the story, whether it is right or wrong.  It is always about the belief.  But who is paying Saul Ewing for this lawsuit? Continue reading

Delaware Special Education Due Process Hearing Showcases What Rights A Parent Should NEVER Give Up

A recent due process hearing in Delaware, filed by the parents of a child with a mood disorder, gave an example of the first thing parents should not do with special education.  The due process hearing was against the Cape Henlopen School District.  The parents claimed the district did not fulfill their obligation under IDEA with manifestation determination.  The case also showed a glaring flaw with special education law in the Delaware code, one I hope a legislator picks up on in the 149th General Assembly beginning in January.  Or if a very brave soul with a great deal of tenacity picks up the baton and literally runs for their life during the last two days of the 148th General Assembly and miraculously gets a law like this passed in the next two days, that would be a true miracle.  What did the parents do that ultimately caused a dismissal of the case? Continue reading