Suit filed to halt closing of three elementaries
July 28, 2016 at 4:25 p.m.
If an injunction requested against Warsaw Community Schools is granted, three small schools slated for closing after this year will remain open indefinitely.
The lawsuit, filed Wednesday in Kosciusko Circuit Court, asks for a permanent injunction restraining the school corporation from closing Atwood, Claypool and Silver Lake elementaries.
It also requests a declaratory judgment asking that the court find that WCS' decision to close the schools was "unsupported by fact, need or requirement," that the closing of the three schools "poses an appreciable danger to the health and safety of said students and is an improper and unwise expenditure of public funds," and that closing the schools is a "retaliatory act" by the school corporation and is unsupportable by the law.
The suit was filed on behalf of the Concerned Citizens for Quality Education, Mary Green, Vallerie A. Rowland, Rebecca S. Thomas and Gordon Vanator. The defendants in the lawsuit are the school corporation; Dr. David McGuire, superintendent, and Rande Thorpe, business manager, both individually and as administrators of the school corporation; and the members of the school board - Craig Allebach, Larry Chamberlain, Cathy Folk, James Folk, Mark Minatel, Ron Yeiter and Gene England - individually and as members of the board.
The school board at its Sept. 15 meeting approved closing the three smallest schools in an attempt to save a minimum of $300,000. The board voted in June to build a new elementary school in Winona Lake to replace the current Jefferson Elementary and to renovate Claypool Elementary so it could accommodate Silver Lake students.
In July, opponents of the proposal filed a remonstrance against the project, and the building program was withdrawn by McGuire. He said at the time that because of the remonstrance, he would recommend the board close the three smallest schools and move the students of those schools into the existing elementaries.
Closing the schools could be done by a simple board vote and was not open to a remonstrance.
What appeared to the remonstrators as retaliation for their petition to stop the building program was at the heart of the lawsuit, said attorney John Price, of Indianapolis, who was hired recently by CCQE. "It is an improper action to close three schools when the purpose appears to be retribution. ... As a superintendent, (McGuire) should not be exacting vengeance.
"We think it's a matter of good governance that a person in authority not threaten people," he said. "My clients see it as a vengeful act outside the scope of the authority of a public figure."
CCQE alleges in the lawsuit that the defendants "have artificially created a fiscal crisis to justify closing the subject schools." They also maintain that even if there are financial needs, closing the three schools is not a valid way of dealing with that crisis.
The suit cites such factors as busing the students of the closed schools long distances as a cause for concern, as well as the fact that the schools to which the "displaced" students would be sent are already at or near full capacity. It also says the claim that WCS will save $300,000 has not been substantiated, "given the ongoing costs of education of the displaced students, in spite of the closing of three one-section schools," on top of buying more buses, hiring more bus drivers and paying more insurance. That real estate values may drop in areas surrounding the three small schools also is a concern, the suit says, as is the fact that the termination and/or reduction of other programs, such as the gifted and talented program, and extracurricular support staff was bypassed.
"My clients are greatly concerned about the safety of their kids and grandkids," Price said.
McGuire, who this morning had not yet received a copy of the lawsuit, said, "All I can say is that the courts have been reluctant to interfere with the political process in the past. We certainly hope that continues."
When asked if the situation could evolve into a full-blown battle, McGuire said, "Yes, it could. ... I think we have to pursue it as far as it goes."
If the injunction is granted, he said, the school corporation still faces a financial crisis, and if the three schools are not closed, "the only alternative we would be faced with would be cutting expenses" by eliminating teaching positions.
Price said the school corporation has 23 days to file a response, then the court will decide whether or not there will be a hearing at which both sides will present evidence.
An injunction is discretionary, he said, and if the court turns it down, the plaintiffs, including the CCQE, would have to decide if they want to give up the fight.
In the meantime, he said, "there's nothing that can prevent the sides from talking to each other." [[In-content Ad]]
If an injunction requested against Warsaw Community Schools is granted, three small schools slated for closing after this year will remain open indefinitely.
The lawsuit, filed Wednesday in Kosciusko Circuit Court, asks for a permanent injunction restraining the school corporation from closing Atwood, Claypool and Silver Lake elementaries.
It also requests a declaratory judgment asking that the court find that WCS' decision to close the schools was "unsupported by fact, need or requirement," that the closing of the three schools "poses an appreciable danger to the health and safety of said students and is an improper and unwise expenditure of public funds," and that closing the schools is a "retaliatory act" by the school corporation and is unsupportable by the law.
The suit was filed on behalf of the Concerned Citizens for Quality Education, Mary Green, Vallerie A. Rowland, Rebecca S. Thomas and Gordon Vanator. The defendants in the lawsuit are the school corporation; Dr. David McGuire, superintendent, and Rande Thorpe, business manager, both individually and as administrators of the school corporation; and the members of the school board - Craig Allebach, Larry Chamberlain, Cathy Folk, James Folk, Mark Minatel, Ron Yeiter and Gene England - individually and as members of the board.
The school board at its Sept. 15 meeting approved closing the three smallest schools in an attempt to save a minimum of $300,000. The board voted in June to build a new elementary school in Winona Lake to replace the current Jefferson Elementary and to renovate Claypool Elementary so it could accommodate Silver Lake students.
In July, opponents of the proposal filed a remonstrance against the project, and the building program was withdrawn by McGuire. He said at the time that because of the remonstrance, he would recommend the board close the three smallest schools and move the students of those schools into the existing elementaries.
Closing the schools could be done by a simple board vote and was not open to a remonstrance.
What appeared to the remonstrators as retaliation for their petition to stop the building program was at the heart of the lawsuit, said attorney John Price, of Indianapolis, who was hired recently by CCQE. "It is an improper action to close three schools when the purpose appears to be retribution. ... As a superintendent, (McGuire) should not be exacting vengeance.
"We think it's a matter of good governance that a person in authority not threaten people," he said. "My clients see it as a vengeful act outside the scope of the authority of a public figure."
CCQE alleges in the lawsuit that the defendants "have artificially created a fiscal crisis to justify closing the subject schools." They also maintain that even if there are financial needs, closing the three schools is not a valid way of dealing with that crisis.
The suit cites such factors as busing the students of the closed schools long distances as a cause for concern, as well as the fact that the schools to which the "displaced" students would be sent are already at or near full capacity. It also says the claim that WCS will save $300,000 has not been substantiated, "given the ongoing costs of education of the displaced students, in spite of the closing of three one-section schools," on top of buying more buses, hiring more bus drivers and paying more insurance. That real estate values may drop in areas surrounding the three small schools also is a concern, the suit says, as is the fact that the termination and/or reduction of other programs, such as the gifted and talented program, and extracurricular support staff was bypassed.
"My clients are greatly concerned about the safety of their kids and grandkids," Price said.
McGuire, who this morning had not yet received a copy of the lawsuit, said, "All I can say is that the courts have been reluctant to interfere with the political process in the past. We certainly hope that continues."
When asked if the situation could evolve into a full-blown battle, McGuire said, "Yes, it could. ... I think we have to pursue it as far as it goes."
If the injunction is granted, he said, the school corporation still faces a financial crisis, and if the three schools are not closed, "the only alternative we would be faced with would be cutting expenses" by eliminating teaching positions.
Price said the school corporation has 23 days to file a response, then the court will decide whether or not there will be a hearing at which both sides will present evidence.
An injunction is discretionary, he said, and if the court turns it down, the plaintiffs, including the CCQE, would have to decide if they want to give up the fight.
In the meantime, he said, "there's nothing that can prevent the sides from talking to each other." [[In-content Ad]]