CAT Tracks for November 29, 2011
IT DON'T COME EASY


From the Southern Illinoisan...

Link to Original Story


Consolidation decision expected soon

BY BRENT STEWART
THE SOUTHERN

JONESBORO - A regional superintendent is set to make her decision on a Union County school consolidation petition this week.

Janet Ulrich, regional superintendent of schools for Alexander, Johnson, Massac, Pulaski and Union counties, is expected to approve or deny a petition to consolidate Lick Creek CCSD 16, Anna CCSD 37, Jonesboro CCSD 43 and Anna-Jonesboro CHSD 81 into a new unit district.

Approval by the regional superintendent is one of the steps in the process for the petition to appear on the March ballot for voter approval.

John Bigler, both a member and an attorney representing the Committee of Ten, said he was frustrated in the process Ulrich used in the Nov. 21 public hearing, which was required before her decision.

"We were denied our request to present witness on our behalf and call them and elicit testimony from them," Bigler said. "So we feel like there could be due process issues in that."

The Committee of Ten presented two witnesses, but Ulrich was the only person who was allowed to question them.

"Cross-examination by the hearing officer, who we believed should be impartial, we felt to be improper and was a frustrating process for the Committee of Ten and what we've worked toward for the past 12 months," Bigler said.

Ulrich said the location of the public hearing - Union County Courthouse - was chosen to maintain reverence and order and be open to the public, but the proceedings were not a courtroom hearing.

After consulting with lawyers from the Illinois State Board of Education and Union County State's Attorney Tyler Edmonds, Ulrich said it was up to her to conduct the hearing as she deemed appropriate.

Ulrich said the purpose of the hearing was for her to collect evidence in support of and against the petition and for the public to hear it as well, and the way she conducted the hearing was the best way for that information to be presented.

"(The hearing) wasn't just to identify whether or not the petition was in order, it was to identify these characteristics through testimony from the Committee of Ten to see if they provided evidence to show this was a feasible thing to do," Ulrich said.

Ulrich's decision will be reviewed by the state superintendent of schools, regardless of the outcome.

Bigler noted most of the people who spoke in the public comment section of the hearing were members of school boards and voiced criticism of the plan.

Merry Rhoades, an attorney representing the school boards of Anna CCSD 37 and Jonesboro CCSD 43, said before the petition goes to the voters, there are many issues regarding its legality.

"That's substantively what the issue is," Rhoades said. "After that, there are issues voters are going to have to look at and they are going to have to decide for themselves if this is what they want."

If Ulrich does not approve the petition, Bigler said the Committee of Ten's next option is not certain; they could pursue legal action or fashion another petition for the next election cycle.

"We have over 400 signatures from voters in the district and we feel that shows overwhelming support," Bigler said. "The people should decide and that's the way the statute is set up and that's the proper way to make change.