“The board's December 14, 2023 decision to open a 90-day public comment period for closing Madison and/or McKenny was arbitrary, capricious and contrary to law,” Thurston County Superior Court Judge Anne Egeler ruled earlier today.
The court’s decision halts the Olympia School District’s ongoing school closure processes for now.
“The injury at issue is the lack of notice and lack of a meaningful opportunity for citizen involvement before the school board makes the final decision,” said Egeler.
Egeler first said that the parents’ appeal is “ripe” because the board’s December vote is an appealable board decision under RCW 28A.645.010. Second, she acknowledged that the appellants had standing to bring this action considering their association with the proposed schools to be closed.
This decision was made after four “aggrieved” parents from McKenny and Madison Elementary schools filed a case on the legality of the board’s votes last December 14 to start the public comment period on school closures.
“An aggrieved person may appeal a school board decision. The appellants live in the school district and have children who attend Madison or McKenny elementary schools and as such, they were aggrieved by the board's decision to open the 90-day period for public comment without first providing a written analysis of the proposed closure,” said Egeler.
Egeler said that the vote to start the comment period was taken according to the Olympia School District (OSD)’s Policy 6883 which permits the board to open a 90-day period following the draft of a written analysis that considers seven enumerated issues regarding the proposed closure.
During the 90-day period following the written analysis, the board must hold hearings and receive comments before finalizing whether to close a school.
“The December decision to begin the 90-day period was made in the absence of a written analysis of the proposed closure of Madison and/or McKenny elementary schools,” Egeler added. “In the absence of a written analysis. The public cannot understand or evaluate the proposal or provide meaningful comment at the hearings because the December 14, 2023 vote did not comply with the policy or the statute under which it was enacted.”
Board’s argument
Egeler also addressed the OSD Board’s contention that the case is “moot” meaning it has lost its significance because of prior resolution.
Egeler gave two reasons why the parents’ appeal is not moot. Firstly, the board argued in oral argument that it is not legally obligated to allow 90 days for public comment.
“As such, its indication that it will allow public comment until April 25 is not a guarantee that that comment period will be available to the public,” Egeler said.
Secondly, the board has not rescinded the December 14 vote, which specifically declared the opening of a 90-day comment period.
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OlyGuy
Doesn't fix the budget issues and lack of enrollment. If parents in these elementary school areas want them to stay open, maybe create a special tax district for the elementary schools in particular. Those small local areas can find their elementary school budget shortages then. It's really tough to keep a school open when there aren't enough students to justify it. I feel for the families having to consider changing schools, but it isn't the end of the world. I changed schools before and plenty of others have to.
Monday, March 11 Report this
ISOParent
Hi Oly Guy. The enrollment in all the schools has actually increased and the occupancy numbers the district has been using are grossly inaccurate. For Madison they are using the two portables, the room that is being occupied by the transition to kindergarten program, the stage, and library as classrooms. The portables were put there by the district not because Madison wanted them but because it was cheaper for the district to move them there than have them destroyed. They were installed at Roosevelt in the 80s and weren't new then. They arent great learning environments for sure and we're used as overflow flex space. The deficit in the budget is very small 2% and even closing these schools would not solve it. Wouldn't even save half of what is needed and put the receiving schools above capacity. There are viable ongoing long term solutions that have been presented and they dont involve closing any schools or cutting programs and staff that are at the student interface level. The hope is that now the district will actually listen and work with the community. We have lots of very smart creative people here who are putting in the time for the good of ALL the students.
Monday, March 11 Report this
BCBEAN
ISOParent: Enrollment has fallen since pre-pandemic levels of 10,458. With the 9760 students enrolled in OSD, over 40 percent of students don't meet minimum grade level standards in math, science, and English standards. Almost 25% of students in the district are absent at least twice a month. This flurry of activity arising from fragile feelings over school closures is really strange in the absence of any parental demands for school accountability in actually educating their kids.
Tuesday, April 9 Report this