Schuylkill County Judge Jacqueline L. Russell gave each side only part of what it wanted Monday at the end of the hearing in Pottsville Area School District’s lawsuit against Gillingham Charter School.
After a hearing that lasted about 45 minutes, Russell directed Gillingham, the county’s first charter school, to allow Andrew M. Klein, Lancaster, to examine its records during the week of March 14 for 16 students selected by Pottsville Area.
The names of eight of the students will be given to Gillingham before Klein starts his evaluation, while eight will be given to the school when he begins his work, Russell ruled. Pottsville Area and Gillingham had agreed to that procedure.
“It’s a reasonable compromise” on advance notice, Ellen C. Schurdak, Bethlehem, the district’s lawyer, said.
However, Russell declined to order Gillingham to allow Klein to sit in on its classes, although he said his observations would help the district perform its duties under state law. Russell said she could not order Gillingham to allow such observation because the district did not ask her to do so and, by Schurdak’s own statement, it will not bring irreparable harm to Pottsville Area if it is not ordered.
“I hope everything resolves to everyone’s satisfaction,” Russell said to conclude the hearing.
Russell’s ruling at least temporarily ended the squabble between Gillingham and the district over access to the records, which Pottsville Area said it needs to conduct its review of the school’s application to renew its charter.
Pottsville Area filed the lawsuit Nov. 16, 2015, asking the court to issue an injunction requiring Gillingham to allow it to inspect the records of its special education students in conjunction with the school’s application to renew its charter. The district alleged it must inspect those records in order to fulfill its duties under the state School Code.
Gillingham, 912 Howard Ave., Pottsville, has asked for renewal of its charter, which it received in 2011. Pottsville Area hired Klein, who has worked with charter schools, school districts and parents on special education, at a rate of $200 per hour to review those records.
Klein testified Monday that his classroom observations would help him perform the evaluation. He said he will need three or four days to complete his work.
“I then can match up the instruction with (a student’s individualized education program),” he said. “There’s a heavy substantive aspect. I would focus primarily on the special education records.”
He also said he signs confidentiality agreements that should alleviate any of Gillingham’s fears about making private information public.
“I’m trying to be as responsive as possible,” Klein said.