State appointee granted control of York City School District
A Spring Garden Township businessman was put in charge of the York City School District on Friday and tasked with implementing a financial recovery plan that could see all district buildings turned into charter schools run by an outside company.
York County Judge Stephen Linebaugh on Friday granted a petition from the state education department to name David Meckley as receiver for the city school district, which gives Meckley all of the school board’s powers except for levying taxes.
Meckley, who has been the state-appointed chief recovery officer for the district for about two years, guided the creation of a financial recovery plan for the district. The plan, adopted in 2013, called for internal reform but included a path to charter conversion if progress wasn’t made.
The state, in its request for receivership, said the school board wasn’t following the plan for reasons including that the school board tabled a decision in November on turning all district schools into charters next year after Meckley directed them to approve it. The board also approved a new teachers’ contract that was inconsistent with the recovery plan, the state said.
Meckley said Linebaugh’s ruling was consistent with the financial recovery law and the focus should now be on putting the recovery plan in place.
“We still have a recovery plan. The goal is to continue to move forward and try and implement the plan,” he said. “I will be meeting with district leadership on Monday to start to put together more specific plans on that.”
But an appeal of Linebaugh’s ruling was filed almost immediately by the York City School District on Friday.
“We’re disappointed, obviously,” said Marc Tarlow, attorney for the district. School board president Margie Orr declined to comment until she had spoken to Tarlow.
The decision
In his ruling, Linebaugh stressed that the issue before the court was whether the receivership petition was “arbitrary, capricious and wholly irrelevant to restoring the district to financial stability” — not what Meckley would do as receiver if appointed.
There would have to be “clear and convincing evidence” of those factors to deny the petition, he wrote, and the record did not support that.
Linebaugh said in his order there was “considerable disagreement between the parties whether it was a good plan,” he wrote, but that scrutinizing the recovery plan was not his job.
“The Court does not have the authority to consider whether the Petition is in the best interest of the District and the citizens of York County,” he wrote.
Outside the courthouse Friday afternoon, a couple dozen York City students and staff members gathered for a protest while drivers honked their horns in support.
William Penn High School senior Ashlee DeSantis, who has organized several protests, said that when she heard the news, “my heart just broke.”
She’s mostly concerned that Meckley will move forward with plans to convert schools into charters, and the district could lose beloved staff and programs. Though she’s a senior, she said, she’s concerned for future Bearcats.
She wanted the protest to go on after the decision to show that the “fight’s not over.”
“I just wanted to show you can’t get the best of us,” she said.
Bruce Riek, teachers’ union president, joined the students and said he was disappointed and frustrated after “two years of just ridiculousness.”
“This has nothing to do with education,” he said. “It’s been about money. That’s really frustrating.”
In a statement, acting education Secretary Carolyn Dumaresq said the receiver approval will start the process of “returning a high quality education” to city students.
“Mr. Meckley can now implement the much-needed financial recovery plan that will improve the district’s educational programs, increase student achievement and restore financial stability to the district,” she said.
What’s next
While the order established receivership starting immediately, Tarlow said the appeal could have some impact on that.
Tim Eller, state education spokesman, said an appeal would cause an automatic stay to be put in place. But the education department would file paperwork to try to have that stay lifted. So that issue will ultimately be up to the court.
“I would say at this point, until we hear that a stay is in place, Mr. Meckley is the receiver,” Eller said. Unless Meckley was told otherwise, Eller said, he “will begin to start organizing himself as receiver, begin to implement the recovery plan as the recovery plan has been approved.”
Meckley said discussion about the best way to move forward with that plan would continue and he would work to refine draft agreements to convert school buildings into charter schools. But he also left the door open for continuing to talk with the teachers’ union, which had previously indicated it would return to the bargaining table with the school board in hopes of reaching a contract agreement closer to the recovery plan.
“My plan is to reach out to all of the stakeholders that are involved with the recovery plan, which would include teachers, as early as possible,” he said. “There are two tracks to recovery plan.”
Meckley said there were a lot of “good concerns” raised about the draft charter agreement.
“Some work clearly has to be done on that,” he said. “All of those discussions will continue, regardless of whether there’s appeal.”
Three things to know
What’s a receiver: A receiver would have all of the powers of the school board except for taxing. A receiver would be responsible for budgeting and policy-making, for example, and state law says the receiver’s duties include implementing the financial recovery plan.
How did we get here: The state declared York City School District in “moderate financial recovery” in 2012 and appointed David Meckley to create a financial recovery plan. That plan, adopted in summer 2013, laid out a path for internal reform but called for city schools to be turned into charters, run by an outside operator, if internal reform didn’t work out. On Dec. 1, the state asked for receivership, alleging the school board was not following the plan.
What’s next: The judge ruled Meckley to be the receiver of the district starting Friday. The appealed filed by the district may affect that.
At a glance
President Judge Stephen Linebaugh ordered the following in his ruling:
• York City School District will be in receivership starting Friday and through Dec. 26, 2017.
• David Meckley is the district’s receiver.
• Meckley will implement the financial recovery plan approved by the school board on May 10 and amended July 17.
• Meckley will have all powers and duties of the chief recovery officer and board, except that to levy and raise taxes (which remains with the board).
• Meckley can notify the board to levy and raise actions, and take action if they fail to comply.
Some of the receiver’s powers and duties include:
• Implement financial recovery plan
• Submit quarterly reports that will be publicly assessable on the district’s website.
• Decide if actions of district employees and officials that are necessary to implement the plan are impeding its goals.
• Modify the plan as necessary to restore stability and have those approved by court.
• Employ financial and legal experts as necessary to implement or modify plan.
• Attend board meetings.
• Petition the court to direct any employee or officials to act in compliance.
