Adam Farence

The saga continues in TE School District — Court rules against TE School District regarding residency of alleged hazing victim

court decisionThe saga continues … Sexting offenses, alleged hazing and residency dispute all involving one TE School District family. Chester County court rules against the TE School District in a stunning decision by Court of Common Pleas Judge Jeffrey Sommer regarding residency.

(The complete article from today’s Main Line Media News follows my comments).

After reading the article, the first word that comes to mind is “accountability”.  Under whose authority did this situation happen — the hiring of the private investigator (from Cloud Feehery & Richter) at tax payer expense ($12K +) over a specific residency issue?  Does the District pay the private investigator over each claim of non-residency or was it just trying to get this specific student out of the District after sexting offenses? Who made this decision? Was it at the direction of the TE School Board and/or Superintendent? Is the hiring of investigators in residency situations routine in the District?  Does the School Board approve the residency investigations or is decision up to the school administration?

In rendering his decision in this residency case, Judge Sommer stated, “We find that the hearing officer willfully and deliberately disregarded competent portions of (the father’s) testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching a result, thus making his credibility determination arbitrary and capricious,”  The judge also determined that the alleged victim and his father were denied their right to counsel.

The ruling of Judge Sommer certainly points to incompetence of the private investigator and the TE School District. The judge calls the District’s investigator incompetent and the taxpayers are stuck with the bill.  School Board, where are you?  Were you aware of this specific investigation regarding the residency of the alleged hazing victim and the apparent mishandling of the process? Was this a way to get the student out of the District?  And how does the District Solicitor Ken Roos factor into the residency investigation — was the decision to engage a private investigator in this specific case at his recommendation/advisement?

Who is in charge, where’s the oversight and accountability? I note that the District declined to comment for the article, what about the School Board? Will we receive an explanation?

Court rules in favor of the alleged hazing victim; judge rules student was legal resident of T/E SD

by Adam Farence

Court of Common Pleas Judge Jeffrey R. Sommer ruled in favor of the alleged hazing victim with regard to his residency issue with the Tredyffrin/Easttown School District, reversing the school board’s original decision to stop funding the alleged victim’s education at Buxmont Academy. Sommer also ruled the victim does not owe over $13,000 to the school district.

According to court documents, Sommer drew his conclusion from two issues. First, he determined the hearing officer from an earlier meeting incorrectly concluded the alleged hazing victim did not meet the federal definition of homeless.

The victim was reportedly kicked out of his previous Devon residence by his great-grandmother after his arrest for sexting-related offenses in October 2015. After he was kicked out, the alleged victim’s father drove him back and forth between his Devon bus stop and his mother’s residence in Chester, Delaware County.

It was during this time period that T/E officials hired a private investigator from Cloud Feehery & Richter to determine if the alleged victim did actually live within the school district boundaries. After several months of surveillance, the private investigator determined the victim did not live there.

The school district spent $12,281.92 on services rendered by Cloud, Feehery & Richter, according to a Right-to-Know request filed by the Daily Local News.

The alleged victim could not claim the Chester residence as his, according to court documents, essentially depriving him the chance to pursue a free education in Delaware County, and Sommer determined the alleged victim met the federal definition of homeless. He also criticized the hearing officer’s original finding.

“We find that the hearing officer willfully and deliberately disregarded competent portions of (the father’s) testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching a result, thus making his credibility determination arbitrary and capricious,” Sommer wrote.

Sommer also pointed out the hearing officer was employed by the school district. “It takes no great leap of faith to recognize that the hearing officer is being paid by TESD, their ‘adversary,”” he wrote.

Second, Sommer determined the alleged victim and his father were denied their right to counsel.

According to court documents, the victim’s father was notified of the Jan. 20 non-residency hearing with the hearing officer only a few days prior. Sommer also wrote that the school district did not notify the father’s attorney even though they had been told in writing to do so.

Originally, the family was represented by William McLaughlin Jr., before he passed away in late March. For the remainder of the case, the family was represented by a new lawyer, Robert DiOrio. “…TESD not only did not notify Attorney McLaughlin of this hearing but made the pre-hearing notice period so short as to effectively cut Attorney McLaughlin out of the process,” court records state.

At the Jan. 20 non-residency hearing, the victim’s father did say he chose to come without counsel and knew he had the right to proceed with counsel if he wanted, but according to court documents, the circumstances surrounding the hearing undermined due process.

“We are very pleased with Judge Sommer’s well-reasoned decision,” wrote DiOrio.

School district officials declined to comment.

“We do not discuss individual student matters and therefore do not intend to comment on this specific case,” wrote district Solicitor Ken Roos. “However, the district remains committed to enforcing its policy of only permitting district residents, including anyone properly qualifying as homeless, to attend district schools.”

The alleged hazing victim’s father received a bill late January for over $13,000, after the school district originally determined he and his son reportedly lived outside the district’s boundaries. The father reported the alleged sodomy to school district officials about a week later in early February, and Chester County District Attorney Tom Hogan announced assault related charges against three Conestoga High School football players on March 4. Over the course of a few days, news of the charges and the alleged sodomy spread across the nation.

Downingtown Area School District Approves Zero Tax Increase for 4th Year in a Row – TE School District Set to Approve 3.6% Increase (12th consecutive year of tax increase)

Tax-increase 2016

At tonight’s TE School District meeting (7:30 PM, Conestoga High School), the school board will vote on the 2016-17 final budget and property tax rate.

In January, the board had adopted the preliminary budget which contained a 4.3% tax increase – they approved the budget with the Act 1 Index of 2.4% and allowable Act 1 Exceptions of 1.9%.  At the April 25, 2016 regular school board meeting, the proposed final budget reduced the property tax rate from January, from 4.3% down to 3.875%.

According to the meeting agenda and budget materials (click here) the board will vote on the District’s 2016-17 final budget with an Act 1 Index of 2.4% and Referendum Exceptions of 1.2% for a 3.6% tax increase to the taxpayers.

The following chart shows TESD tax increases over the last twelve years.   2004-05 was the last zero tax increase year.

  • 2015-16: 3.81%
  • 2014-15: 3.4%
  • 2013-14: 1.7%
  • 2012-13: 3.3%
  • 2011-12: 3.77%
  • 2010-11: 2.9%
  • 2009-10: 2.95%
  • 2008-09: 4.37%
  • 2007-08: 3.37%
  • 2006-07: 3.90%
  • 2005-06: 1.40%
  • 2004-05: Zero Tax Increase

The TE School District residents can take solace that they are not alone in their tax increase. According to Adam Farence’s Daily Local article, 11 out of the 12 school districts in Chester County contain 2016-17 budgets with tax increases.

The only Chester County school district without a 2016-17 tax increase is Downingtown Area School District.  DASD recently approved their 2016-17 budget with no tax increase but what is more fascinating is that this is the fourth year in a row without a tax increase!

Looking at TESD tax increase chart above for the last four years, you have to wonder how it is that DASD delivered zero tax increases to its residents during the same time period. According to the Daily Local article, the DASD chief financial officer Rich Fazio “attributes the four-year streak of not raising taxes to the foresight of prior school boards.”  Fazio states that, “We were fortunate to prudently allocate funds and accumulate savings. Because of that we have not had a tax increase for four years.” He further indicated that DASD “will strive to duplicate a zero increase in taxes for as long as possible.”  

The total operating budget for Downingtown Areas School District is $210 million versus TE School District operating budget of approximately $129 million. DASD has a fund balance of approx. $24.5 million versus approx.  $32 million in TESD indicating that both districts understand the importance of saving for the future.

Someone is going to have to help me understand how these two Chester County school districts can operate so differently financially – and yes, I understand that TESD is ranked academically higher than DASD.

TE School District has always been an academic powerhouse, so other than 20 miles of separation between the two Chester County school districts, how is it possible that DASD repeatedly holds the zero tax increase to its residents and TESD has had 12 consecutive years of tax increases? Perhaps TESD business manager Art McDonnell could have coffee with DASD chief finaicial officer Rich Fazio to compare notes and discuss financial strategies!

DASD proudly displays the following 2015-16 tax increase chart on their website:

Tax Increase vs Act 1 Index Chart

According to the agenda budget materials for tonight’s TE School Board meeting, there were spending cuts before, during and after budget approval to reduce expenditures in the 2016-17 budget.  An explanation of those specific reductions would be helpful to taxpayers.

Back in January, school board members Ed Sweeney and Scott Dorsey spoke out against the preliminary tax increase of 4.3% as unacceptable … will they now be OK with 3.6% tax increase?  Instead of a typical roll call vote on the TESD 2016-17 final budget, I encourage board members to be accountable and offer the public an explanation of their vote.

Many of the newly school board members used fiscal responsibility and accountability as a campaign platform – now is the time to deliver on those promises.

Covered Wagon Inn, 250 years of Philadelphia’s Main Line History Could Be Demolished: Update Part I

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Less than three weeks ago at the January 21, 2016 meeting of the Tredyffrin Township Planning Commission, Summit Realty Advisors (on behalf of their client CVS Pharmacy), proposed a land development plan for the corner of Old Eagle School Rd.and Lancaster Ave, in Strafford, Tredyffrin Township, Chester County. The redevelopment project includes a drug store with drive-thru which is apparently the ‘new and improved model’ for all CVS construction projects. In the plans currently proposed, it is that drive-thru appendage that requires the demolition of the old Covered Wagon Inn.

After the Planning Commission meeting and my first Community Matters post on the proposed land development plan that would demolish the Covered Wagon Inn, no one could have been more surprised than me with the outpouring of support. A ‘Save the Covered Wagon Inn’ Facebook page now has over 1,500 ‘likes’, a Change.org petition opposing the demolition with 3,700+ signatures and comments, articles by reporter Adam Farence in the Daily Local and Main Line Suburban newspapers, support from Carla Zambelli on Chester County Ramblings, Caroline O’Halloran’s Savvy Mainline, bestselling historical novelists Loretta Chase & Isabella Bradford on their website, Two Nerdy History Girls, tweets on Twitter and Instagram, phone calls and emails from elected officials, historical societies, township and county staff, real estate developers and interested people from all over the country all wanting to share their personal memories of the Covered Wagon Inn and asking how they can help save it. Thank you all.

Tredyffrin Township does not have a historic preservation ordinance preventing the demolition of the Covered Wagon Inn; making every historic property in the township currently ‘at-risk’! A legal fund, as some have suggested fighting the demolition of the Covered Wagon Inn, would serve no purpose. The real estate developer has a legal right to build the CVS Pharmacy with drive-thru at the Strafford location and unfortunately, also has a legal right to demolish the Covered Wagon Inn in the process.

As someone who cares about this community, its history and the historic buildings that make it special, it has been rewarding to find so many people really do care about saving the Covered Wagon Inn.

I remain hopeful that if ‘ there’s a will, there’s a way’ and that the plans for the new CVS in Strafford can be reconfigured so as to successfully coexist with the historic building. I am not opposing the redevelopment of this site, I am opposing the demolition of the Covered Wagon Inn. Sometimes doing the right thing is a challenge but I am confident that John Zaharchuk, owner of Summit Realty Advisors, is the person that can make it happen!

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Look for the next post (Update 2) which includes research on the early years of the Covered Wagon Inn by local historian and author, Margaret DePiano of Devon. Margaret has uncovered some new information about the  Inn and the special 18th century owners linked to its past.

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