Initially, the public hearings on the future of Gillingham Charter School were slated to be held on eight days. Then, three more days were added to the schedule. And, on Thursday, the hearing officer said there will be a 12th.
“I am 100 percent certain we’re going to have a hearing on the 23rd,” the hearing officer, Marc S. Fisher, Allentown, said at the end of hearing day 10 Thursday afternoon at Pottsville Area’s Howard S. Fernsler Academic Center.
Gillingham Charter School on Thursday continued to presenting its case. And when one of the charter school’s attorneys introduced a witness the Pottsville Area School District’s attorney didn’t expect, tempers flared.
The witness was Melissa Reese, one of the vice presidents for the firm Gillingham contracts for its public relations, Sylvia Marketing, Pottstown.
“As you know, counsel had an agreement throughout this hearing process that we were disclosing our witnesses in advance to one another. I lived by that agreement. And I gave notice to the charter school counsel of each and every witness I was calling and the days. And when it became updated and changed, I timely advised them of that,” Ellen C. Schurdak, Bethlehem, an attorney for Pottsville Area, said.
Schurdak said she made an effort to reinforce that on hearing day nine, which was May 4, in a conversation with Christine Elizabeth Reilly, Mehanicsburg, an attorney for Gillingham.
“Last week before we broke, I had attorney Reilly put on the record what witnesses she would be calling today. Ms. Reese was not on that list. I received no email communication at attorney’s Reilly’s law firm. I did not receive a letter. I didn’t receive a fax. The first I heard that Ms. Reese was on today’s witness list was during today’s testimony. I have not prepared for that cross-examination, and it flies in the face of this agreement that I adhered to,” Schurdak said.
“I just want to note that she is definitely listed on our witness list, which was disclosed to opposing counsel several weeks ago. I just learned yesterday of a scheduling conflict with this witness that she would be unavailable at any of the other previously scheduled hearing dates, which is why I would like to have her testify here today,” Reilly said.
“All that being said I take both of your representations as being 100 percent accurate,” Fisher said.
“I did not get a phone call yesterday either. I didn’t get an email yesterday,” Schurdak said.
“Like I said ... ” Fisher started to say.
But the attorneys talked over him.
“I found out late yesterday of the scheduling conflict,” Reilly said, responding to Schurdak.
“Like I said, ladies, I believe everything you’re telling me is 100 percent true and I take both of your representations to be fully accurate. That being said, it’s 4 o’clock. I don’t want to delay the process any further. I believe this witness’ expected testimony is to be very brief. I’m going to note your objection. I am going to allow her to at least be called as a witness. We’ll see where we go. Again, I believe the testimony is very brief. And your objection is noted. It’s on the record,” Fisher said to Schurdak.
“For the record, the agreement is no longer in effect because the charter school has now broken our agreement, and I will not be disclosing any of our future witnesses in the order. Deal’s off,” Schurdak said.
Since the public hearings began on April 18, the Pottsville Area School District has called 15 witnesses to the stand. On April 26, Gillingham Charter School started presenting its witnesses. And Gillingham has presented 15 witnesses to date. That includes the four which Gillingham introduced on Thursday.
Reese described how Sylvia Marketing helped Gillingham conduct a student survey last summer.
Other witnesses Thursday included: Michelle LaBar, a legal guardian for a student at Gillingham; Robert McIntyre, a senior benefits consultant at BMC Benefit Services, Blue Bell, Montgomery County, which assists Gillingham with its employee benefits; and Alexander D. Schuh, the executive director of Frontier 21 Education Solutions, Bala Cynwyd, Montgomery County, who was hired by Gillingham to review its standardized test scores.
Since it opened in fall 2011, Gillingham Charter School has come under fire for its scores on annual state standardized tests. On April 21, Stephanie R. Ziegmont, Pottsville Area’s director of curriculum and instruction, made sure it was on the record in this case.
Under cross-examination Thursday, Schurdak asked Schuh for his views of the system.
“As an expert, you are aware of the academic standards and accountability systems that charter schools must meet?” Schurdak asked Schuh.
“I’m aware of what No Child Left Behind was. Are you talking about Pennsylvania law or federal law?” Schuh asked.
“On your direct, you referenced both Pennsylvania and federal because with respect to academic standards often it comes from the feds, Pennsylvania tweaks it a bit and comes up with its own accountability system. Is that a fair statement?” Schurdak asked.
“That’s a fair statement,” Schuh said.
“And you’re aware that of all the different changes that have occurred from the 2011-2012 school year up until the current time?” Schurdak asked.
“Yes,” Schuh said.
“And you’re aware that charter schools, like other traditional public school districts, are held to the same standards, at least with respect to academic standards,” Schurdak said.
“Well, there’s no performance standard anymore for charter schools. That was eliminated for all schools in Pennsylvania in the 2012-13 revision of the law from AYP (Adequate Yearly Progress) to SPP (School Performance Profile), or at least the requirements. And then there was a waiver system. And then the No Child Left Behind law which sort of stimulated the state version of the law, was changed to a new law. So they’re working out the new accountability system now. So I wouldn’t say there’s a particular standard for charter schools to meet since 2011-12,” Schuh said.
Hearing day 11 is scheduled to begin at 9:30 a.m. May 19 at the academic center.
Reilly said she expects at least two witnesses to take the stand that day: Storm Hutchinson III, a student coach at Gillingham and the husband of Gillingham’s CEO, Nicolle M. Hutchinson.
“We may also call some parents who are on our witness list,” Reilly said, and she promised to have the list to Schurdak by Tuesday.
“At this point, does the school district know if they’re having any other rebuttal witnesses?” Fisher asked.
Schurdak said she would and they might include Andrew M. Kline, an independent special education consultant.
“We will conclude this hearing on the 23rd,” Fisher said.
Following the hearings, the public will be given 30 days to provide written comments on the charter school to the school board. Those comments can be sent to Fisher by email at mfisher@fast.net or by regular mail to 2610 Walbert Ave No. 2, Allentown, PA 18104.
Once Fisher provides an opinion to the Pottsville Area school board, the board will vote again on the charter application.