| WAYNE COUNTY CIRCUIT COURT HEARING; MARCH 10, 2006 | |
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| Tweet Topic Started: Mar 10 2006, 08:41 AM (4,341 Views) | |
| JoJo | Mar 10 2006, 12:21 PM Post #16 |
Principal
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I did not understand that either 
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| fyi | Mar 10 2006, 01:37 PM Post #17 |
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Principal
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This may be speculation on my part, but if they don't implement the LI this year, will there be enough in the "rainy day" fund next year to implement it? Is that the reason for pushing it through? Is it now or never. If that's the case, did the district purposely wait so that the only choice would be to implement this plan? Maybe this why Morgan feels we can't wait another year. If they wait, maybe they will not have enough in the fund for the LI. |
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| Grant1 | Mar 10 2006, 01:46 PM Post #18 |
We have just begun to fight!
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Carefully orchestrated timing had everything to do with the rollout and implementation, as well as the ability to contest and stop it. Why do you think it feels like this is being shoved down everyones throat in such a short time span? Why did LPS always take 2 years or more to close a single school and redistrict the boundaries before this administration and BOE? But it still can't stop a recall! |
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| rand03 | Mar 10 2006, 02:01 PM Post #19 |
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6th Grade
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I just want to express my wonderment and appreciation for all those who were able to show up at the court for the hearing today. Seeing that “sea” of red just made me feel encouraged to know that so many would take some time off from work, or make room in their hectic day, to show support for this cause. I was humbled and impressed that so many were able to attend. Even though we all didn’t make it into the courtroom, to have at least 120+ people there (and that’s just counting those who wore red), is a testimony to the citizens of Livonia who love their children and will do whatever it takes on their behalf. (And yes, I know, many others couldn’t make it and they love their children, and yes, those in support of this plan undoubtedly love their children.) That’s why this issue is such a passionate one for all of us. It’s all about the kids. Don’t you know, that when it comes to what’s best for our children, we will fight for what we believe in? So even though I shed a tear for the outcome of this hearing, I also smiled knowing that I am not alone in my quest for what is the best and highest for my children. And the quest continues…and the fight goes on…. |
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| parentsw/power | Mar 10 2006, 02:10 PM Post #20 |
Principal
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quote from detroit freepress online... Breaking news Judge rules against Livonia schools group He won't grant injunction on reorganization plan March 10, 2006 Email this Print this By BEN SCHMITT FREE PRESS STAFF WRITER A Wayne County judge today denied a request to halt the Livonia Public Schools’ reorganization plan to close seven schools and put grades 5-6 into their own buildings. The parents group Citizens for Livonia's Future was seeking an injunction to prevent the district from going ahead with its plan to reconfigure grades and close buildings. The lawsuit calls for the court to declare the school board's approval of the plan null and void because its action was "arbitrary, capricious, improper and unlawful." Circuit Judge John Murphy denied the injunction but said the parents group may ask for reconsideration when discovery concludes in the lawsuit. The so-called Legacy Initiative, which calls for the changes, is scheduled to take effect in September. |
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| 49chevy | Mar 10 2006, 02:15 PM Post #21 |
Answers questioned
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We may be down.....but we're not out!!!! |
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| chooseyourbattleswisely | Mar 10 2006, 02:44 PM Post #22 |
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3rd Grade
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Judge denies injunction to halt 'Legacy' by Stephanie Angelyn Casola A Wayne Circuit Court judge denied the request by Citizens for Livonia’s Future for a preliminary injunction that would have halted progress on the Livonia Public Schools’ Legacy Initiative. In refusing the request, Judge John A. Murphy said: “Plaintiffs have not persuasively shown how the Open Meetings Act was violated, or how the board abused the broad discretion allotted it.” The Legacy plan will close seven school buildings, redraw attendance boundaries and reconfigure grades into lower and upper elementary schools – beginning next fall. It aims to save the district $1.5 to $2 million a year. Following the proceedings Friday morning, Supt. Randy Liepa said the district will continue moving forward with transition activities under the Legacy Initiative. “Of course we have the best interest of the kids in mind,” he said, walking out of the courtroom. Had the judge ruled differently, the district would have complied and ceased transition activities, he added. The court’s decision came to the dismay of many members associated with the Citizens for Livonia’s Future. “We’re really disappointed,” said Melanie Beaudoin, a district parent. “It does affect our children. It affects our whole community. I don’t think (the board) listened to a majority of our concerns.” So many CFLF members showed up for the proceedings, the courtroom was filled to its 65-person capacity, and many more residents lined the hallway outside. Members of CFLF wore red to signify their opposition to the Legacy plan. Mayer Morganroth, the plaintiff’s attorney, highlighted reasons for the complaint against the school district and its superintendent. He mentioned the impact of the plan, such as increases in busing and school populations, and the end of a neighborhood schools concept. Morganroth said the district will lose students to private schools and property values will drop. “What they’ve done is causing untold harm,” he said. Gary King, the district’s attorney, said: “Judge, plain and simply, Livonia has to close schools.” He said the district has cut $19 million from its budget over the last five years due to declining enrollment. King added that the Legacy plan was created after a year of study in an effort to prevent future cuts in staffing and program. It is meant to balance school populations without increasing class size ratios. But Morganroth attempted to prove that the school board violated the Open Meetings Act when it allowed a total of five trustees to be involved in the demographics committee which created the Legacy plan. Committee meetings were not open to the public and minutes and attendance records were not taken. King responded that the decision to pass the Legacy plan was done in open session on Dec. 5, and that decision was preceded by open meetings with ample time given for public comments. On the question of an Open Meetings Act violation, Murphy ruled that “the Plaintiff’s chances of prevailing would be poor.” He said there is no evidence a decision was made during committee deliberations, and there is no evidence of intent to violate the Act. Morganroth also claimed that the district would fail to save money due to the costs of carrying out its Legacy plan. Under the plan, Murphy said the district would still reduce its operating cost by several closing schools. If students do leave the district to attend private schools, he said, fixed operating costs would decline. “This is a time of monumental change for all school districts,” Liepa said in a written statement Friday. “We realize we are asking a great deal of our parents and staff as we move through change. “However, we strongly believe this change will maintain the excellence of our programs and the strength of our district. Our knowledgeable and dedicated staff will continue their commitment to our community as we move forward.” scasola@hometownlife.com | (734) 953-2054 Originally published March 10, 2006 http://www.hometownlife.com/apps/pbcs.dll/...NEWS10/60310005 |
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| PO'D Resident | Mar 10 2006, 02:45 PM Post #23 |
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Principal
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Do we know at this point what our recourse is? If the Judge feels we don't have enough evidence, where do we go from here?? I don't understand the legal part of this well enough to see where we can keep fighting. |
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| chooseyourbattleswisely | Mar 10 2006, 02:45 PM Post #24 |
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3rd Grade
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Judge refuses to halt Livonia school restructuring plan Catherine Jun / The Detroit News March 10, 2006 LIVONIA -- A Wayne County Circuit Court Judge today denied a request by parents for a preliminary injunction to immediately stop the Livonia Public Schools from implementing a controversial district reorganization plan that includes closing seven schools by this fall. The parents filed a lawsuit last month, seeking a court injunction to permanently stop the plan. The preliminary injunction would have stopped the district from moving ahead until a final court judgment is issued. Most of the more than 100 parents waited for the decision in the hall of the courtroom at the Coleman A. Young Municipal Center in Detroit, because the small courtroom was at full capacity. Parents were visibly disappointed with the decision. "We're moving," said Joanne Wickman, a mother of two. "I'm not staying, not when someone thrusts that down my throat," she said. The plan, adopted by the school board Dec. 5, includes shuttering seven elementary schools and reorganizing students in the remaining buildings into K-4, 5-6, 7-8, and 9-12 grade configurations. The district maintains the plan would save $1.5 to 2 million a year, which comprises about 1 percent of its annual $160-million budget. In making his decision, Judge John A. Murphy said that the parents, represented by attorney Mayer Morganroth, did not prove that the school board violated open meeting requirements in creating a 40-member committee that met in private over a year and proposed the plan. "The plaintiffs have presented no evidence that in enacting the Demographics Committee, the board intended to circumvent the (Open Meetings) Act," he said. Five school board members sat on the committee, but the district maintained no attendance records or minutes. The parents also did not show that board's decision to adopt the plan was "arbitrary" and unjustified, said Murphy. "Common sense says that the fewer schools, fewer costs," the judge said. In a prepared statement, Superintendent Randy Liepa said: "Our focus continues to be on providing a smooth and comprehensive transition to support our parents, students, and staff as we move into this new elementary school configuration…The court's ruling today will help us to maintain that focus." The parents could return to court and ask again for the injunction after the two parties complete the discovery process and gather more evidence, he added. "We're not through, believe me," Morganroth told disappointed parents outside the courtroom. Morganroth described the judge's decision not as a setback, but as a continued warning to school board to continue with caution. "At this point, the board knows that if the board proceeds…they proceed at their own risk," he said. Before the judge made his decision, he heard arguments from both attorneys. Morganroth argued that the plan would hurt the quality of the schools by increasing class size and forcing the busing of students. He cited additional costs, such as purchasing buses, that would offset savings to the district. Gary King, attorney representing the school district, countered, saying, "I have a client that is facing serious declining enrollment issues, and declining enrollment means declining state funding." He added, "Plain and simply, Livonia has to close schools." You can reach Catherine Jun at (734) 462-2204 or cjun@detnews.com. |
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| homegirl26 | Mar 10 2006, 03:06 PM Post #25 |
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Principal
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Great News...because we all need some at this point...I just got word that we went from having 2000 signatures on Sunday to having 4000 signatures as of this morning. If we all go out this weekend and try to get more signatures we'll be able to get 10,000 in no time at all. Some people think it isn't possible, I know it is...WE CAN DO IT!!!! |
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| cat | Mar 10 2006, 03:46 PM Post #26 |
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Principal
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That is a REAL shame!!! I was wondering since when one persons "opinion" would have anything to to with the facts. In my opinion this whole thing has stunk since Leipa was brought into office!!! That should have been won in court at that time!! |
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| livoniamom | Mar 10 2006, 03:52 PM Post #27 |
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Principal
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This does not sound good to me. What possible "new evidence" could surface at this late date? Also, the judge is not buying the Open Meetings Act violation so it sounds like that one should be dropped. I don't know if I would give M. Morganroth any more money. I honestly think that the LI is going to happen. The recall may be successful but I don't think any court is going to halt the LI. I would think that the size of the opposition would be enough for the BOE to halt the plan; why do it if the majority doesn't want it???? And, if you are not convinced it is a majority, take a vote. If they are so confident on the greatness of the plan, let the community decide; make them sell it to us. |
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| Grant1 | Mar 10 2006, 04:01 PM Post #28 |
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We have just begun to fight!
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New evidence can always be found The judge will buy the OMA violation with the proper evidence/proof The recall will be on the ballot in August The BOE and LPS arrogance will not allow them to admit that they may have been wrong They could not put it to a vote because it would not pass The cannot sell it to us, there is nothing to sell |
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| NFarquharson | Mar 10 2006, 04:02 PM Post #29 |
Principal
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I'm not really sure about the legal solutions and cannot really predict the likelihood of success with that, but I do know that we can recall the BOE before school starts next year. There is no doubt in my mind that they we can get the signatures and that they will lose a recall election. Just my opinion. |
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| cmic | Mar 10 2006, 04:20 PM Post #30 |
Principal
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Now what? Is there a court date even though we don't have the injunction? Also, when we Recall the board, how is that going to help us now. A little too late? |
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