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St. Helena Parish School Board Violated Court Order; Judge Rules

Posted on: Saturday, 25 February 2006, 18:00 CST

By DEBRA LEMOINE

St. Helena Parish School Board violated court order; judge rules

GREENSBURG The St. Helena Parish School Board violated a May court order prohibiting its interference with the opening of the Charter School of Pine Grove, a judge ruled Friday afternoon.

The ruling by Judge Beth Wolfe of 21st Judicial District Court is another step in the ongoing litigation between the School Board and the Pine Grove Charter School.

The dispute involves the School Boards decision in January 2005 to rescind its prior approval of the charter school. The charter school sued, and the matter is set for trial on May 1.

Charter schools are publicly funded schools that exist under an agreement between charter school officials and either a local school board or the state Board of Elementary and Secondary Education.

Fridays hearing focused on the actions of one School Board member that charter school officials believe led to BESEs decision last summer not to release a $200,000 federal grant providing start-up funds for the charter school, Rodney Rabalais, Pine Groves attorney, said.

After the court issued a preliminary injunction in May that prohibited the School Board from interfering with the charter schools opening, School Board President James Bull Baker sent a letter to BESE in June alleging that the charter school would never open, Baker testified.

Baker also wrote in the letter that the School Board had appealed the May 2005 injunction and alleged that the charter school would be a refuge for white students illegally attending schools in Livingston and Tangipahoa parishes, Baker testified. The 21st Judicial District Court has jurisdiction in Livingston, Tangipahoa and St. Helena parishes.

Baker told the court that he sent the letter as a private citizen without the knowledge of other School Board members even though he listed his position as board president on the letter.

Baker also acknowledged that he didnt write the final draft of the letter but never told the court who wrote the final draft sent to BESE.

However, Baker said he took full responsibility for its contents and that the letter outlined his fears about the charter school.

Baker is among the School Board members who believe the charter school will enroll so many students attending existing public schools in St. Helena Parish that the public school system will be driven into bankruptcy.

State education funding follows the student, so state funding would follow any students leaving St. Helena Parish schools for the charter school.

Since last summer, BESE has retained the $200,000 in start-up funds and the School Board has refused to meet with charter school officials to help the new school obtain those funds, Joe Lombardo, Pine Groves governing board chairman, testified.

Lombardo said the charter school so far has received no funds to enable it to open this fall. In order to receive the $200,000 grant needed to open its doors, the charter school needs the help of the School Board to reassure BESE the feud is over.

Lombardo also described five letters requesting a meeting that he wrote and sometimes hand-delivered to the School Board and Interim Superintendent Wayne Meadows.

Lombardo said he finally was told that the School Board, on the advice of its attorney, wouldnt meet with Pine Grove officials.

The School Boards attorney, Nelson D. Taylor, told the court that Baker simply was expressing his opinion about what might happen if the charter school started holding classes, and giving such an opinion is not illegal.

We are not under any mandate to provide funds, Taylor said. We dont have any control over what BESE does. Mr. Baker has every right to protest and write to the BESE board about his opinion.

Judge Wolfe gave the School Board 30 days to meet with charter school officials to help them obtain their funding from BESE. She also ordered the School Board to reimburse Pine Grove officials court costs, costs of issuing subpoenas and up to $500 in attorneys fees.

After the hearing, Taylor said that his client will appeal Wolfes ruling to the state 1st Circuit Court of Appeal in Baton Rouge.

Pine Grove officials have worked since 1997 to open a charter school in St. Helena Parish.

Source: Advocate; Baton Rouge, La.

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