Ann Arbor Public Schools has been beaten with a lawsuit over the decision to cancel the childcare program

ANN ARBOR, MI – A parent of Ann Arbor has filed a lawsuit against Ann Arbor Public Schools and its school board alleging they are violating the Open Meetings Act for deciding to terminate their childcare program for school-age children in 2021 cease, have not considered -22 school year.

The lawsuit, filed by AAPS parent and attorney David Hannon on July 19 in Washtenaw County’s 22nd District Court, calls on the court to overturn and overturn AAPS’s decision to end school-age childcare for the 2021-22 school year Forcing the board and the district to “make decisions about public order matters only in public”.

Hannon also filed an injunction against the school district and board of directors to suspend AAPS’s decision to end school-age childcare for the 2021/22 school year. A preliminary injunction hearing is scheduled for August 11 at 1:30 p.m.

The complaint also calls on the board of directors and district to publicly disclose all materials, information, and advice received from February 2020 through today regarding childcare, personal teaching, and the COVID-19 pandemic.

The district’s decision to end its latest version of its childcare program for school-age children was staffed by Superintendent Jeanice Swift during a meeting of the Ann Arbor School Board on the 12th in recent years.

Swift later notified the district’s parents of the decision in a message on May 14. No action was taken by the Board of Directors to approve the decision to discontinue the program during or after the May 12 meeting.

“There is actual and justified controversy between the parties as Defendants have persistent OMA violations of school-age public order issues and ‘COVID-related complications’ related to Defendants’ operations by failing to do so to ponder publicly and make follow-up decisions that prohibit the public’s understanding, comment and cooperation by not disclosing all of their materials, information and advice relevant to these issues, ”the lawsuit reads.

Ann Arbor Public Schools policies and regulations give the superintendent the authority to make decisions about all schools and staff in the district under the direction of the board of directors.

“The superintendent is the primary administrator of the district and, under the direction of the board, has general oversight and authority over all schools and staff in the district. The superintendent is responsible for the administration of the schools according to the guidelines of the board of directors and is accountable to the board of directors ”, states the guidelines and regulations of AAPS.

“The school principal can, at his own discretion, delegate to other school staff the exercise of powers and the fulfillment of duties imposed on the school principal by these guidelines or by the vote of the board. However, the transfer of powers or duties does not release the superintendent from responsibility for the measures taken as part of such a transfer. “

AAPS spokesman Andrew Cluley said the district “does not comment on any pending litigation”.

Ann Arbor School Board President Bryan Johnson defended the board’s stance not to contest the district’s decision during a May 26 meeting.

During the meeting, Johnson said the board should serve the community’s best interest, but that it does so by making sure the county is tax accountable and compliant with the law without putting people at risk. He said the public input has been helpful, but the board cannot simply “ignore the facts” regarding the fall staff shortage.

Hannon said he believes Swift’s decision to end school-age childcare for 2021-22, for reasons of public order, falls under the Open Meetings Act.

According to the OMA, a “decision” is a “decision, action, vote or disposition on an application, proposal, recommendation, resolution order, draft ordinance or measure that requires a vote by members of a public body and by one public institution brings about or formulates public order. “

“I don’t think the board has to approve it,” said Hannon. “My reading of the case law says that the administration has to show some options or at least has to say: ‘That’s why we can’t do this’ and not only make it known to the board of directors, but to the public, look at it.”

The Michigan Association of School Boards website states that the school board’s job is to create guidelines, while the principal is in charge of administering the guidelines.

At the board meeting on May 26, AAPS board member Jeff Gaynor said he believes school age childcare is a political issue for which the board is responsible.

“While we are not undermining the administration, while we are not interfering in the day-to-day operations – I don’t think we should, nor do I think we do – I think this is an issue that we are responsible for are up to the community to weigh up, ”said Gaynor.

“It’s not a question of the facts – if there aren’t enough staff, we can’t change that. But I think it is our responsibility to lead the discussion in the board, to take on this responsibility and not just leave all questions to the administration. “

AAPS has reintroduced part of its pre and post school program for some students in five locations through its Rec & Ed department. It has also approved two childcare providers who previously managed pre- and aftercare in three of its buildings to offer these services at reduced capacity this fall.

On Friday, AAPS announced that it would work with “new community partners” who responded to a request for information earlier this summer.

The request for information attracted the interest of “10+ nonprofits and individuals” after being promoted on social media by the district. No private childcare provider responded to the request, Cluley said. The language of the request is no longer available on the AAPS website.

In early August, Rec & Ed will publish information on more than 40 extracurricular extension classes in the elementary schools and K-8 buildings, which will be available from the end of the school day until 5:30 p.m.

All schools will have extended day programs, with most schools offering at least three days of enrichment classes per week. Topics include art, chess, languages, sports, science, and theater, and more. Families in financial need are granted scholarships in the form of fee waivers.

CONTINUE READING:

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