Thursday, November 15, 2012

BCS Appeals (Again)

2012-13 Facilities case

I am saddened to report that BCS has filed another appeal.  If this starts to sound convoluted and ridiculous, one could be forgiven for thinking that's part of their legal strategy.

In July 2012, BCS brought a motion before the Superior Court, asking them to use the ruling from the 2009-10 case to find that the 2012-13 offer was improper.  This was a highly irregular move, and the District vigorously contested it at a hearing on August 30, 2012 in front of Judge Lucas.** 

Apparently seeing the writing on the wall after the Aug 30 hearing, BCS did what they should have done at the outset- they filed a new suit, and they did so before Judge Lucas even finalized her ruling form teh Aug 30 hearing.  We had the first hearing for the new lawsuit on Oct 30, and we are currently awaiting a final ruling form the judge on the three issues BCS raised.  The Judge's tentative rulings, though were all favorable to the District. 

Given what seems the likely outcome of the new litigation, apparently BCS has now decided to keep the litigation alive on the other path (which was improper to begin with.)  The Judge issued a ruling in Sept 2012 that said she could not rule on the 12-13 offer under the 09-10 judgement because the facts are all different.  BCS is now appealing that ruling.  It seems crazy to be litigating this on two paths at the same time.  However, it also fits a pattern from BCS to continue to use litigation to try to get the District to simply "cave" and close a high performing neighborhood school. 

I remain disappointed in this behavior.  Litigation is wasteful to begin with.  For BCS to now try to create two paths of litigation in parallel (while apparently not succeeding on either path) is a horrendous waste of taxpayer resources. 

We actually received their Notice of Appeal on November 9th- it has taken me a few days to get this posted.

As is my custom, here is the legal filing:
BCS Notice of Appeal  of Aug 30 Hearing

**Those who attended the hearing might recall the Judge pointing this out to the BCS attorney.  She asked "What am I to make of the additional students [that BCS enrolled in 7th and 8th grade]."  The BCS attorney responded "well, pretend they don't exist for a moment."