Court Rules Preliminary Injunction Hearing April 6

by Nathan Lasher

The Armstrong Court of Common Pleas ruled to have a hearing for the preliminary injunction filed by Attorney Chase McClister against six members of the Armstrong School District School Board April 6 at 1PM.

The preliminary injunction, which may discontinue the reopening of Elderton High School, is the first step in a law suit that McClister filed, February 22, against school directors, Rose M. Stitt James A. Solak, Michael J. Markilinski, John L. Monroe, Jr., D. Royce Smeltzer, and Sara J. Yassem, on behalf of David A. Reefer, James A. Seaman, Mary C. Seaman, Scott Star, and Dan E. Goldinger.

“The gist of the complaint is they are no longer exercising their lawful discretion which they have as a matter of law,” said McClister in a recent interview on Family-Life TV’s Talk of the Town. “They have gone beyond their discretion to a point where it can be characterized as arbitrary and capricious. The wastefulness of the tax dollars and the deliberateness of it, the complete disregard for the expense – not just in the immediate future, but in the next few years – has prompted these plaintiffs to take legal action.”

According to McClister, the preliminary injunction will prevent any additional spending for a time limit which will be set by the court. “It would essentially be saying that this issue has enough merit that I am going to order you to refrain from additional spending until further order of the court. It would make it impossible for them to reopen Elderton this school year,” he said.

Markilinski and Stitt were in attendance during the motions hearing last Friday morning, along with their Attorney John F. Cambest of Dodaro, Matta &Cambest, P.C.

“The hearing on the preliminary injunction will be April sixth at 1PM,” said Cambest. “Before then, the defendants will be filing a preliminary injunction to the plaintiff’s complaint, hoping the court will rule on the defendants’ preliminary injunction before April sixth. Then, there would be no hearing on April sixth.”

The court has already allocated a half-day for the April sixth hearing.

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Markilinski Calls for State Intervention in Lenape Academics

Armstrong School District (ASD) Board Member Michael Markilinski has requested the Department of Education to intervene at Lenape Tech and close its academic program.

In a letter dated February 27, 2010 and sent to Harrisburg with copies to the four sending school districts of ASD, Apollo-Ridge, Leechburg, and Freeport, Markilinski charges the school has consistently failed the PSSA test scores for the last seven years.

He further charges that employees and their spouses of Lenape Tech are “involved in this political movement to protect their turf.”

Markilinski alleged that Dr. William Kerr was asked by an ASD school board member to resign from Lenape Tech as its chief school administrator. Kerr allegedly refused.

Markilinski cited a Rhode Island school district that took a drastic step in removing all the teachers and administrators from an underperforming school with the applause of the United States Education Secretary Arne Duncan.

“I am asking you, as Secretary of Education, intervene and close the failing academic program of LVTS,” Markilinski wrote in his letter to Pennsylvania Secretary of Education Dr. Gerald L. Zahorchak. “The Commonwealth has an obvious financial state in this educational facility. The technical programs should not be touched at this time. I am also asking that you remove Dawn Kocher-Taylor as Director of LVTS, and that you remove Dr. William Kerr as Chief School Administrator of LVTS. These are guidelines that are obviously spelled out by the Pennsylvania Department of Education and are attached herein.”

Leah Harris, Deputy Press Secretary for Department of Education speaking on behalf of Secretary Zahorchak, said the letter is being reviewed by the Department of Education’s Bureau of Career Technical Education.

“Any complaints we receive, we follow up with,” Harris said. “A response letter will be sent to Mr. Markilinski.

While the Bureau of Career Technical Education has oversight of technical schools in the Commonwealth, Harris pointed out that so does all four school districts since they have to sign off to send their students there.

“They have chartered the technical center to be in operation,” she said. The school districts have to respond, insuring the students are getting the quality of education required by the Department of Education. We will look into that complaint.”

Harris explained that when students take the PSSA test, the scores are not only attributed to that tech school but also the school district in which the student resides. “There is a clear link of responsibility that go hand in hand. The sending school district has to count them as part of their overall score also.”

“We don’t close down schools,” Harris said. “We have oversight to make sure they are meeting all standards of the law from the State’s perspective. That is what we will look into.”

Harris would not give a specific timeframe for the review process. “That is a fluid method. As we get it, we review it for as long as it takes, then get it back to the individual filing the complaint in as speedy of a fashion as we can.”

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