Schools

PIACS Has its Day in Court

Testimony was heard Tuesday in the case of the charter school against the South Brunswick, Princeton and West Windsor-Plainsboro board of education.

What began a few years ago as a debate about the merits of a charter school in a high-performing public school district has now become a case that calls into question how far a board of education should go to protect its interests and to exercise its First Amendment rights.

Testimony in the suit by the boards of education was heard at the Office of Administrative Law in Mercerville on Tuesday afternoon.

Judge Lisa James-Beavers now has 45 days to issue a ruling and to send her written decision to acting Department of Education Commissioner Chris Cerf for review. If the commissioner doesn't act within 45 days of receiving Judge Beavers' decision, her ruling will become final.

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(two from South Brunswick, two from Princeton and two from West-Windsor Plainsboro) from the three districts. The parents are identified only by their initials to protect the interests of their minor children enrolled in the three districts, and to prevent retaliation from the three districts or members of the community.

Legal briefs from law firm Parker McCay, which is representing the three districts, indicate that the petitioners do not meet the legal standard for maintaining anonymity as litigants, because the residents of the school districts have a right to know who brought the lawsuit against their elected officials. 

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Testimony during the hearing focused on the and using their institutional status to prevent an approved public charter school from opening.

Attorney David W. Carroll, from law firm Parker McCay, represented the three districts in the hearing and argued that the boards have a right to express their opinions in a decision that affects their districts.

"The legal issue here is whether the boards have legal authority to advocate for or against a school that affects their district," Carroll said during the hearing. "The answer is yes. In the charter school law, the legislature recognized the establishment of a charter school in a district greatly affects that local district. It's conceded that the commissioner retains final approval to grant or deny, but we have a right to be heard because the legislature gave districts that right."

Carroll disputed the argument from PIACS representatives that the three districts had a say in the review process for the school and chose not to appeal the commissioner's ruling. Carroll said that PIACS has only received preliminary approval and has failed to meet the statutory and regulatory conditions to operate a charter school, including a certificate of occupancy. He said because the final decision was never issued, the boards of education didn't waive any right to appeal.

Of issue in the hearing is the application to the South Brunswick Zoning Board of Adjustments from developer 12 P & Associates, LLC for the proposed location of PIACS at 12 Perrine Road.  The 11.70-acre site was formerly a storage and office space facility for a sporting goods manufacturer. 

The districts are accused of using taxpayer money to mount a continued and calculated campaign against PIACS and for the hiring of three professionals, including a professional planner and engineer, to provide testimony in opposition of the charter school. The suit alleges that the public effort against PIACS has caused a two-year delay in the school's opening. 

"If the charter school is approved it's the respondent boards who will have to provide transportation, surely they have an interest in the safety of the site their buses will have to go to," Carroll said during the hearing.

Carroll said the charter school would affect the districts on the very basic level of finances. He said that PIACS would account for $3.5 million from the $350 million combined school budgets of South Brunswick, Princeton and West Windsor-Plainsboro, in addition to causing problems with enrollment and transportation. Carroll said that local governments have a right to oppose legislation that affects their interests, and that the impact of a charter school on these districts was sufficient enough to give them a right to be heard.

"The reason (PIACS) doesn't have a charter is their failure to meet their own burden for gaining approval for a site," Carroll said during the hearing. "What are they so afraid of that they want to silence the opposition?"

PIACS attorney William Harla, of the law firm DeCotiis, Fitzpatrick and Cole, said the three districts have already spent a combined $85,000 fighting the opening of PIACS, and that total could soon be well over $100,000.

"The school districts have been engaged in a tax-funded campaign against PIACS and that's wrong on a variety of levels," Harla said. "In a time of declining state aid, fiscal restraint and teacher layoffs, it's wrong to spend public money in opposition to a charter school."

Harla said the boards have used their positions in the community to raise opposition to PIACS, by using school web sites and emails to galvanize residents to oppose the school. He said their opposition is directed at a group of parents who want to use their own money to start a Mandarin immersion school that will help students compete in a global economy.

"This is not an attack on the quality of education in the three districts, because it's high," Harla said during the hearing. "This case is about the rights of parents to make choices for their children about the kind of education they receive."

Harla said the three boards abused their positions in the community and misused public funds through their opposition. The suit alleges that West Windsor-Plainsboro school officials threatened litigation and used backdoor maneuvers to block PIACS from opening at the St. Joseph's Seminary on Mapleton Road (see attached pdf).

"The fundamental principles of due process are clear," he said. "You can't be a government official and spend public funds in New Jersey to advocate a political position, and charter schools are a political issue."

Carroll countered that spending "tens of thousands" of dollars to protect $3.5 million of taxpayer money is a right the board of educations should have. He said if the public doesn't like the decisions made by the board to protect taxpayer money then the public can vote the board members out of office.

The suit seeks relief in the form of an order restraining the three districts from using taxpayer money or resources to oppose PIACS. The suit also seeks a judgment stating the three districts have no legal authority to continue opposing PIACS, and that the three districts have failed to expend state funds in "an effective and efficient manner for the implementation of core curriculum standards."

Judge Beavers questioned Harla about whether this relief is an infringement of First Amendment rights.

"There is no legal authority for the relief you're seeking," she said to Harla. "It seems wrong, and it doesn't smell right, but there's no leagl authority for the injunction. How far would it have to go? Are you trying to stop the board from spending money? Are you trying to stop the board members from sending emails?"

Representatives from the South Brunswick Board of Education weren't present for the hearing. PIACS spokesman Parker Block said the testimony was an indication of the attitudes of the local school boards.

"I think the districts have again presented the belief that they can do anything they want because they know they're the most powerful entity in the community," he said.

The decision from Judge Beavers is expected within 45 days.

The PIACS Debate

Click here to learn more about the various aspects of the PIACS program and how it compares to the education offered by the South Brunswick School District.


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