As reported here earlier this week, there’s a key hearing next week in the legal challenge to the impending closure of Cooper Elementary School in Pigeon Point: The closure opponents have made a motion for “summary judgment” (read it here) and this week, Seattle Public Schools filed its document opposing the motion. The district provided us with a copy; you can read the entire 27-page document here. One of the main points of contention in the legal challenge is that there was not a formal “closure hearing” at and for Cooper, because the district considered it a “program” instead of a school; the district’s rebuttal to that includes:
Appellants claim that not treating a programmatic change as a school closure resulted in impacted persons not getting notice or the opportunity to be heard. What Appellants fail to acknowledge to the Court is that they all actually provided testimony at public hearings and School Board meetings related to the decisions they are challenging.
Appellants had not only ample notice and opportunity to be heard, they were actually heard. However, the elected School Board, after consideration of thousands of pages of documents and the input of hundred of citizens, made a choice that the Appellants dislike. That is not the proper basis for a legal challenge, particularly when considering the substantial deference that must be afforded to the School Board in making administrative and policy decisions.
…With respect to the recommendation to close the Genesee Hill building for instructional purposes, a site-specific hearing was held at the Genesee Hill building on December 16, 2008. … Numerous speakers at this hearing identified themselves as being affiliated with Cooper. … In fact, all three of the Appellants in this case, Shelly Williams, Charity Dumas, and Joy Anderson actually provided testimony at the December 16, 2008 hearing.
Their challenge also takes on board votes to change policies enabling both the relatively rapid adoption of the school-closure proposal last January and enabling Cooper to be considered for closure; the district’s document contends “legislative bodies like the School Board are always free to amend their own polic(i)es and procedures …” The hearing is scheduled for 10:30 am Friday, June 12, before Judge Greg Canova in King County Superior Court. Meantime, Cooper is having a “closing celebration” at the school at 2 pm this Sunday.
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