No. The point is that it isn't a charter school. If it was, then it would operate under the charter rules and would not be able to give proximity preference. It is a DCPS school and, therefore, must operate under the rules that govern DCPS schools. If SWS wants to become a charter, it can do that. Except for CMS and SWS, the other city-wide schools are HS programs that have entrance requirements. There is no reason (that would hold up in a legal challenge) why these two schools should be operated against the standard preference principles established by DCPS for elementary school entrance. If DCPS decided that it wants city-wide schools, it is going to have to establish fixed rules that are applied city-wide and are not done on an ad hoc basis. There has to be standard reasons and conditions established for why a certain school needs to be a city-wide program. Otherwise DCPS is vulnerable to lawsuits. |
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I'm not sure all the proximity and other preferences are a matter of law. Proximity families are legally entitled to a school of right, and that is protected even if SWS is a citywide program. Are you suggesting that proximity families should sue? |
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I don't understand how you are using this language. Can you clarify? |
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I'm not an LT parent, and i'm not thinking the LT parents should get special treatment here, as I can't disagree with any arguments made here.
However, one must admit that there's something a little tough psychologically about carting your 4-year-old past the school that's across the street from your own home (a school that enjoys a greta reputation with seeminglynsatisfied parents) to the school that's further away and which is demonstrably inferior. There's special treatment and then there's just "in your face." Also, doesn't the Reggio model value community quite highly - i'd think the kids that live across the street do have a special amount of skin-in-the game vs. someone commuting from NW, or even Eastern Market... |
I don't understand how you are using this language. Can you clarify? Sorry, all families are entitled to an in-bounds school, and that is your school of right. I'm not sure that the secondary preferences (sibling, proximity) are protected by law or if this just a DCPS policy. I'm sure someone is researching it. |
Sorry, all families are entitled to an in-bounds school, and that is your school of right. I'm not sure that the secondary preferences (sibling, proximity) are protected by law or if this just a DCPS policy. I'm sure someone is researching it. Whether or not the other preferences are protected by law is an interesting legal question. However, there is a legal requirement that government entities, like DCPS, treat all residents equally under standard rules and regulations. Since DCPS has standard rules and regulations for how students are admitted to elementary schools, then a legal challenge based on violating these procedures would not be without legal merit (which is different from saying that the case would win, since legal outcomes are very dependent on the vagaries of the lawyers, judges, etc.). I am certainly not saying that people who would get proximity preference to this school SHOULD sue. It is wildly premature for considering such an action and, since the boundary and preference details have not been released yet, it may be moot if DCPS changes this on its own. What I am saying is that this group of residents COULD sue and, if they did, they would have a pretty good legal leg to stand on. School boundary redrawing is the kind of thing that spins off multiple lawsuits in almost every jurisdiction in which it is undertaken. That is an inevitability in the process and I would suspect that DC sees (conservatively) at least a dozen or so challenges as the process goes forward. We will have to wait and see if this becomes one of those challenges. |
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2106.7 The Chancellor may designate a given school, program, or academy, including an early childhood school or program, as a specialized school, program, or academy due to the unique academic character of the school, program, or academy and the importance of matching children's needs and strengths to the mission of a school, program, or academy. When applicable, the Chancellor shall determine admission criteria for any approved specialized school, program, or academy for adoption by the Board.
This and more about proximity and out-of-boundary at: http://www.dcregs.org/Gateway/FinalAdoptionHome.aspx?RuleVersionID=3879338 |
Interesting document. This section is followed by the following one: Students applying to specialized schools, programs, or academies must meet the specific criteria established for the schools, programs, or academies to which they are applying. Eligibility requirements and selection criteria shall be published and made available upon request to parents. When there are more students than there are available vacancies, students who are ranked equally on the selection criteria shall be selected by lottery. As a lawyer, what I would point to is that this refers to "specialized schools, programs, or academies" for which students "must meet specific criteria established for the schools, programs, or academies to which they are applying." I would interpret this as schools that have entrance tests, language fluency tests, artistic performance auditions, etc. None of these apply to SWS, which is, right now, a strict lottery school and not actually a specialty school with special entrance requirements. Again, the outcome of a lawsuit is not clear, but if this is the section of the law that DCPS were to try to use in a court case, there is plenty of legal maneuvering room here. |
Is this M.F.? Love how you always mention that you are a lawyer! |
Isn't it a Reggio program? Ergo, NOT a regular elementary school? |
I'd forgotten how much power was granted to the Chancellor. |
Could be, but her tell is usually points 1) 2) 3)... |
Ha, ha, ha! I also detected the gentle hand of our favorite lawyer. |