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Teacher appointed to academic commission
By Denise Dick
YOUNGSTOWN
Now that it has an undisputed fifth member, the city schools academic distress commission could meet as early as this week.
Atty. Ted Roberts, who represents school board President Brenda Kimble, said Monday that Kimble had rescinded her earlier appointment of Carol Staten to the commission and appointed Vincent Shivers, a videography instructor at Choffin Career and Technical Center.
“We’re currently making phone calls and trying to confirm people’s schedules,” said Brian Benyo, chairman of the academic distress commission.
A meeting could be scheduled for later this week.
Atty. Ira Mirkin, one of the attorneys representing the Youngstown Education Association, said he believes Shivers’ appointment satisfies the teacher requirement for the commission.
Paula Valentini, a spokeswoman for the teachers union, agreed.
“We’re pleased that Mrs. Kimble is abiding by the court decision and has appointed a teacher to the commission,” she said.
Shivers is a member of the teachers union, Valentini said.
“Vince Shivers is a respected teacher of media arts at Choffin,” she said.
Kimble is in Boston at a National School Board Association conference and couldn’t be reached.
She had appointed Staten, her distant cousin, who at the time was a substitute administrator in the district. Staten has since been appointed principal at Discovery at Volney.
The YEA filed a lawsuit arguing that Staten isn’t a teacher.
The state Youngstown Plan legislation called for one of the five commission members to be a teacher appointed by the school board president.
A magistrate and Judge Lou A. D’Apolito of Mahoning County Common Pleas Court determined that Staten didn’t fit the definition of a teacher, but Kimble appealed to the 7th District Court of Appeals.
Last week, the parties presented their arguments in a hearing before judges Cheryl Waite, Mary DeGenaro and Carol Ann Robb. The next day, Judge Waite issued her judgment affirming Judge D’Apolito’s ruling. Judges DeGenaro and Robb concurred.
Judge D’Apolito also issued a stay to prevent the commission from meeting until a teacher was appointed.
Roberts read a letter Kimble submitted to Lonnie Rivera, interim state superintendent, outlining her decision to rescind Staten’s appointment and appoint Shivers.
“I respect the judicial process and I believe that any further appeal would not be justified by cost, time, effort or delay,” Kimble’s letter said. Kimble, through Roberts, had contended that Staten met the legal definition of a teacher.
So far, the district has spent about $215,555 for all legal expenses this fiscal year, which ends June 30, according to an email from Treasurer Sherry Tyson.
That’s more than $40 for each of the 5,344 students enrolled in the district.
The amount budgeted for legal expenses for the entire year is $296,100.
The academic distress commission will select a chief executive officer to manage and operate the school district. The CEO, who will be paid by the state, will have broad authority including being able to fire administrators, reopen contracts and close or turn over failing schools to charter operators.
The Youngstown Plan still faces legal action in a Columbus court; the school board, teachers and classified unions sued the state and are trying to get the legislation deemed unconstitutional. A Franklin County court judge denied the parties’ request for a preliminary injunction to stop the law from taking effect. The school board and the unions appealed denial of that preliminary injunction, and arguments are set for Thursday before the 10th District Court of Appeals in Columbus. The overall case is set to go to trial in September.
Benyo; Laura Meeks, retired president of Eastern Gateway Community College; and Jennifer Roller of the Raymond John Wean Foundation were appointed by the state superintendent of public instruction. Barbara Brothers, a retired Youngstown State University dean, was appointed by Mayor John A. McNally.
Benyo said members must be sworn in at the first meeting and get a primer from the attorney general’s office about requirements. Other meeting details haven’t been determined, he said.