On Monday, the 12th and final day of hearings on whether Gillingham Charter School should be allowed to continue operations, the truancy of a student from Schuylkill Haven Area School District became a major issue.
Schuylkill Haven Area High School Principal Sarah Yoder testified Gillingham did not notify her, as required by law, that the ninth-grade student, whose name remained confidential, had three unexcused absences from classes at the charter school in Pottsville.
“I wanted more information,” Yoder told Hearing Officer Marc S. Fisher, Allentown, during the three-hour hearing at the district’s Howard S. Fernsler Academic Center. “The student is now back with us.”
Testimony has now ended on whether Gillingham, which opened in 2011, should have its charter renewed for another five years.
Fisher told Mark G. Morford and Christine E. Reilly, Exton, Gillingham’s lawyers, and Ellen C. Schurdak, Bethlehem, the district’s lawyer, that they have until June 17 to submit briefs outlining their legal arguments about the charter school’s future.
He also said he will accept public comments for 30 days beginning today before issuing his recommendation to the district on whether Gillingham’s charter should be renewed. The school board then will hold a vote on renewing the charter.
“I will do my best to issue a fair and prompt ruling,” Fisher said. “It is ultimately the school board that will decide the case, not me.”
During Monday’s contentious hearing, lawyers on each side objected to nearly every question, arguing about whether witnesses should be allowed to answer them.
Yoder continued her testimony by saying Gillingham notified Schuylkill County Children & Youth Services of the student’s truancy problem. However, she said, Children & Youth cannot file truancy citations and Gillingham never notified her. The student ended up with 18 unexcused absences, she said.
Storm Hutchinson III, Gillingham’s student coach, testified he scheduled a meeting, made telephone calls and sent letters concerning the Schuylkill Haven Area student’s truancy. He said the problem did not become serious until the student’s mother went to prison and the student’s brother became guardian.
“Toward the end, there was daily contact. I worked diligently to try to help this young man,” said Hutchinson, who is the husband of Nicolle Hutchinson, Gillingham’s CEO and director of education.
He also said there are no other Gillingham students who live in Schuylkill Haven Area who have truancy problems.
Andrew M. Kline, Lancaster, a special education consultant hired by Pottsville Area to evaluate Gillingham, testified he relied on records to evaluate the school.
“It was extremely rare that we would observe the student during instruction,” Kline said.
On cross-examination, Kline said he had testified on behalf of Pocono Mountain Charter School that records could not tell the entire story and that he could not offer opinions based solely on them. He said the issues were different in that case.
In contrast, Brenda T. Fishman, a special education consultant from Egg Harbor Township, New Jersey, near Atlantic City, testified for Gillingham that observation is part of an investigation involving special education.
Anyone who wants to submit a comment on the Gillingham case can send it to Hearing Officer Marc S. Fisher as follows.
By mail: 2610 Walbert Ave., Allentown, PA 18104
By email: mfisher@fast.net
The public comment period begins today and lasts 30 days.
Fisher said all comments should be sent to him and not to Gillingham, Pottsville Area or the lawyers for either side.