Urgent Alerts

Concerned Citizens for Quality Education
Annual Meeting

Wednesday, October 13, 2004 6:30 P.M.

Senior Activity Room
Pete Thorn Building
North Park Ave.
Warsaw, IN

I am so excited to announce that Mr. Ralph Bailey, former Superintendent of the Whitley County School District will be our guest speaker for the Annual CCQE Meeting. For those of you who do not know Ralph, he has been in the education field for over 50 years. He has been a teacher, principal, and a superintendent in the Columbia City area the majority of his career but, since his retirement, he has been superintendant in various schools and most recently Argos Community Schools.

Ralph and his family resided in the Pierceton area while his children were growing up. Ralph's son Gary Bailey now lives north of Clunette and he has 3 daugthers who attended Atwood School.

I am looking forward to the meeting and I hope you will attend. You do not have to be a member to attend.

If you wish to become a member, 2004-2005 membership dues are $10.00 per person. If you cannot attend and wish to renew your membership, please send a check to:
CCQE,
P.O. Box 353
Warsaw, IN 46581

Nominations for Chairperson, Vice Chairperson, Secretary, and Treasurer will be given by the committee and received from the floor.

Refreshments will be served.

2003-2004 Directors
Marlin Carr, Dean Harman, Angela Fulton,
Rick Schooley, Mary Green, Tami Spangle
Becky Thomas

2003-2004 Officers
Becky Thomas-Chairperson
Bruce Ferguson-Vice Chairperson
Vallerie Rowland-Secretary
Dan Spangle-Treasurer

Past Alerts

Public Township Meetings Scheduled

Warsaw Community Schools recently offered the schools to the townships and since the decisions on accepting the school buildings will affect the towns and townships, all township boards are seeking public input.

All townships have preliminary figures on the operational and maintenance costs of the school buildings, but no final decisions will be made at the meetings in any township.

Public comments and suggestions are welcomed by all townships. If you know someone who lives in one of these three townships please encourage them to attend their township meeting.

Schedule:

Motion Denied

Judge Morton denied the CCQE's motion to reconsider. The issue is dead at the trial court level.

The CCQE can still appeal to the Indiana Court of Appeals. This was filed July 2 or 3.

This quote was passed on to me recently and I ask everyone to remember it in the future......"Failure is not defeat unless you stop trying."

Motion of Reconsideration

Order:
This cause is before the Court upon the plaintiff's Motion to Reconsider.

The Court now directs as follows:
The Court directs that any response to the Motion to Reconsider be submitted by defendants not later than June 21, 2004; any reply to that response that plaintiffs may submit shall be submitted not later than June 28, 2004.

Signed: Judge Morton.

(In other words, the Judge received the Motion to Receive, he will be waiting to hear from the school, and then we will have an opportunity to reply. With that, the Judge will make his decision.)

Click here for the formal document.

Judge Allowing 3 Warsaw Elementaries to Close

By Craig Rimlinger
The Journal Gazette

A judge dismissed a contentious lawsuit Thursday that aimed to keep open three elementary schools in the Warsaw Community School Corp. that are set for closure at the end of this school year.

Special Judge Douglas Morton of Fulton County stayed entering a final order until June 4 so Concerned Citizens for Quality Education can develop their case for an appeal.

The last day for students is June 2.

In his ruling, Morton said the case was a school board matter, not one for the courts.

". . . The courts are not in a position to take over the running of the school system or substituting the court's or any other person's opinion as to a proper decision when the duly designated board has acted properly," Morton wrote.

In September, the board voted to close Atwood, Claypool and Silver Lake schools and shift the displaced students in the district to save on costs.

The next month, the Kosciusko County residents' group took legal action to keep the schools running.

Proponents of the plan argued that it will save the district $300,000 this year and $700,000 in subsequent years. Opponents disputed those figures.

Concerned Citizens members have said the board's vote was punishment for a remonstrance against a$30 million building project to build one new school and renovate Claypool.

During a hearing last Friday regarding the dismissal, John Price, Concerned Citizens' Indianapolis attorney, argued that Superintendent David McGuire had significant influence on the board's decision.

Morton ruled that McGuire might have had some recommendations but did not have a vote in closing the schools.

"Nothing in the record of the case indicates that Atwood, Claypool or Silver Lake elementary schools are being closed because of the superintendent's petty anger," Morton wrote.

McGuire said Thursday evening that he was satisfied with the decision.

"I'm obviously relieved that it's gone our way," he said. "It's also the culmination of proof positive that the public is truly engaged in what we do."

Price said he is examining what avenues he and Concerned Citizens have available.

Motion of Dismissal

The Motion of Dismissal hearing will be Friday, May 7 at 9:30am in the Jusice Building, Warsaw, Indiana. Honorable Judge Morton, Fulton County, will be hearing the case. The next meeting is May 3, 7:00pm.

Mediation Session

The mediation has been moved from Max Reed's office to the Justice Building. It will still be held at 10:00 a.m. on April 15th. The mediation will consist of the Plantiffs and Defendants meeting in seperate rooms and working with a mediator who listens to both sides. The time frame could be 10 minutes or 5 hours. If the mediation is not successful, the hearing to Dismiss the Motion will be heard April 16 at 2:00 p.m.

There will be a mediation session on April 15 between the Plantiffs and Defendents of the school closing complaint. If we can mediate the case then the oral argument on a Motion to Dismiss will not be held on April 16.

If you should have any questions about any of this, please let me know.

Thank you for your support and concerns. I will keep you updated as much as possible.

Attorney John Price from Indianapolis has been retained to represent us in the lawsuit that was filed against the Warsaw Community School Corporation. We are asking for an injunction to stop the closing of the three elementary schools. The Honorable Judge Morton of Fulton County has been selected and we are waiting on a hearing date. Things should start moving ahead soon.

Rule 79. Special judge selection: circuit, superior, probate, municipal, and county courts

(A) Application. When the appointment of a special judge is required under Trial Rule 76, the provisions of this rule constitute the exclusive manner for the selection of special judges in circuit, superior, probate, municipal, and county courts in all civil and juvenile proceedings. Trial Rule 79.1 constitutes the exclusive manner for the selection of special judges in all actions in city, town, and the Marion county small claims courts.

(D) Agreement of the parties. Within seven (7) days of the order granting a change of judge or an order of disqualification, the parties may agree to an eligible special judge. The agreement of the parties shall be in writing and shall be filed in the court where the case is pending. Alternatively, the parties may agree in writing to the selection of an eligible special judge in accordance with Section (H). Upon the filing of the agreement, the court shall enter an order appointing such individual as the special judge in the case and provide notice pursuant to Trial Rule 72(D) to the special judge and all parties or appoint a special judge under Section (H). A judge appointed under this section shall have fifteen (15) days to decide whether to accept the case in accordance with Section (G). This provision shall not apply to criminal proceedings or election contests involving the nomination or election of the judge of the court in which the contest is filed.