Kings Elementary parents appeal to state to fight school closing

WARWICK — About 25-30 parents crowded into the law offices of Sussman & Watkins on Tuesday as attorney Mike Sussman outlined the reasons his office is challenging the Warwick Valley School Board’s plan to close Kings Elementary School.

The group of parents – known as the Committee to Save Kings Elementary School – served its Verified Petition to the New York State Commissioner of Education, known as an article 310, on the School District, claiming that the school board’s vote last month to close Kings is “arbitrary, capricious and contrary to law.”

Speaking alongside Sussman were Kings parents Reneé Basile and Daniel Jackson, representing the group.

Sussman asserted that the board “overcame an educational decision with a political decision.”

He added that the Kings parents were “not here (taking legal action) out of selfishness,” but rather, because Schools Superintendent Dr. Raymond Bryant’s original recommendation instead supported closing Park Avenue Elementary.

Sussman said that it would be “more equitable, more suitable,” to keep Kings open as the newer, bigger school.

The “hijacked proceeding” – as Sussman called it – is not conducive to the educational process, he maintained.

It would be a “mistake keeping Park open,” Basile said, adding that the reasons for doing so – that Park is closer to the library, the food pantry and the local museums is “frivolous’”

Further, she added, Kings students would be subject to greater travel time by school bus, which her group views as “not equitable.” Many of the students live in the Sugar Loaf area and would have to travel the greatest distance for their entire school careers, should Kings close.

Jackson said that the “reason to close Kings is completely illogical,” and that the “decision-making process was influenced by outside factors.”

He asserted that “Kings parents’ calls, letters, appeals were ignored (by the district),” leaving them no choice but to go through the legal process.

“Our only way to appeal the decision was to go to the state to overturn” it, Jackson said.

An expert weighs in
The Kings group has expert testimony in the person of Robert C. Watson Sr., former superintendent of the Poughkeepsie City School District, whose sworn affidavit enumerates why keeping Kings open is in the best educational interests of the students:

“First and foremost, Kings Elementary has more classroom space to meet the legal and equitable needs of Special Education students, AIS students and to fulfill other … educational mandates.

“Second, as it is the budget shortfall that is the essential impetus to be resolved, Kings Elementary is clearly less expensive to operate.

“Third, Park Avenue Elementary is approximately 40 years older than Kings Elementary. Kings clearly has fewer capital issues going forward.

“Fourth, transportation costs for Kings students are greater than those of Park Avenue students in the event one of the two buildings were to be closed.

“Finally, as it is much larger, Kings Elementary can accommodate more students than can Park Avenue. Keeping Kings Elementary School open is educationally beneficial for all students and includes larger social and developmental learning spaces such as the cafeteria, playgrounds and rooms for the Arts.”

Moving fifth-graders to middle school

Sussman said that the district’s proposal that would move 5th graders to the middle school is “completely, educationally bankrupt, according to the (professional educational) literature.”

Again, from Watson’s statement: “Associating younger students with older, sophisticated, mature, emotionally and physically developed students is a major educational detriment…”

Sussman added that the district held no discussion with parents concerning moving 5th graders to the middle school.

Basile opposed moving 5th graders to the middle school at this “vulnerable time in their life.”

No ‘injurious effect’
Addressing assertions that keeping Park open would benefit both the students and the small business community, Sussman said, ”First of all, Park is not in the Village… it’s a bit of a fiction … there’s no evidence that closing it would have an injurious effect” on the businesses there.

Still, Sussman emphasized that, regardless of the present situation, this issue “should not be seen as Kings vs. Park. Both groups of parents should work together.”

Jackson added that this matter is “not an appeal to close Park, but to keep Kings open – we think both schools should stay open.”

Another factor in Kings’ favor, said Sussman, is that Park is more exposed. “Kings is set back from the roadway, more difficult to get to … this was a rushed decision,” not thought out.

Basile said that the district received $700,000 in state aid from Albany – more than anticipated – that, combined with the excess from the reserve fund balance, should more than enable the district to keep Kings open.

“We want to do what’s right and fair.”

Public comments
Sussman opened the floor for interested parents to speak.

Parent Ann Marie Banker expressed concern that the school board’s 6-3 decision was made in terms of “what’s best for the Village of Warwick, instead of what’s best for the children.”

Maureen Brett-Mohyla said that it’s “not a good environment” to put 5th graders into a middle school setting.

When asked when he thought the commissioner might rule on this matter, Sussman said he thought there could be a “ruling by mid-July, but we can’t guarantee it.”

He noted that there are likely to be many school districts around the state in similar situations.

Administration reactions
Superintendent Bryant’s office did not respond in time to a request for comment.

School board President Dave Eaton said he could not comment since there is pending legal action.”

Noting that he had seen Sussman’s press conference on television, Eaton added that district lawyers are responding to the petition.

By Abby Wolf