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CLARK HILL PLC
Steven F. Stapleton (51571)Gregory N. Longworth (P49249)Marshall W. Grate (P37728)Kaveh Kashef (P64443)Attorneys for Plaintiffs200 Ottawa Ave. NW Suite 500Grand Rapids, MI 49503(616) [email protected]@clarkhill.com
There Is No Other Pending Or Resolved CivilAction Arising Out Of The Transaction OrOccurrence Alleged In The Complaint
Plaintiffs state for their Complaint:
Parties, Jurisdiction and Venue
1. Kalamazoo Public Schools (“KPS”) is a Michigan general powers school district
located in Kalamazoo County, Kalamazoo, Michigan.
2. The KPS Board of Education is the seven-member legislative body elected by
residents of KPS which governs KPS. The Revised School Code, 1976 P.A. 451, MCL 380.1, et
seq, and Chapter XIV of Michigan Election Law, 1954 P.A. 116, MCL 168.301, et seq, govern
the election of the KPS Board.
3. KPS operates the following public schools in Kalamazoo County: Arcadia
Elementary, Edison Environmental Science Academy, El Sol Elementary, Greenwood
Elementary, Indian Prairie Elementary, King-Westwood Elementary, Lincoln International
Studies School, Milwood Elementary, Northeastern Elementary, Northglade Montessori Magnet
School, Parkwood-Upjohn Elementary, Prairie Ridge Elementary, Spring Valley Center for
Exploration, Washington Writers’ Academy, Winchell Elementary, Woods Lake Elementary,
Woodward School for Technology and Research, Hillside Middle School, Linden Grove Middle
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School, Maple Street Magnet School for the Arts, Milwood Magnet School: A Center for Math,
Science, and Technology, Kalamazoo Central High School, Loy Norrix High School, Phoenix
High School, Kalamazoo Area Mathematics and Science Center, and Kalamazoo Innovative
Learning Program.
4. KPS students are eligible for a unique scholarship. The Kalamazoo Promise
provides resident graduates of the Kalamazoo Public Schools with up to 100 percent of their
tuition and mandatory fees for four years at Michigan’s public universities and community
colleges. It is available to students who graduate from KPS, reside in the district, and have been
KPS students four years or more. Enrollment and residency must be continuous. Students who
attend charter schools do not earn credit toward Kalamazoo Promise scholarships during the time
that they are in non-KPS schools.
5. Saginaw Public Schools (“SPS”) is a Michigan general powers school district
located in Saginaw County, Saginaw, Michigan.
6. The SPS Board of Education is the seven-member legislative body elected by
residents of SPS which governs SPS. The Revised School Code, 1976 P.A. 451, MCL 380.1, et
seq, and Chapter XIV of Michigan Election Law, 1954 P.A. 116, MCL 168.301, et seq, govern
the election of the SPS Board.
7. SPS operates the following schools: Henry Doerr Early Childhood Center, Arthur
Eddy Elementary School, Chester Miller Elementary School, Handley Elementary School, Herig
Elementary School, Jessie Loomis Elementary School, Kempton Elementary School, Merrill
Park Elementary School, Jessie Rouse Elementary School, Stone Elementary School, Saginaw
Arts and Sciences Academy, Willie E. Thompson Middle School, Zilwaukee School, Arthur Hill
High School, Saginaw Career Complex, and Saginaw High School.
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8. SPS students are eligible for a scholarship program – the Saginaw Promise –
designed to serve as a catalyst for economic development in Saginaw, an initiative to retain and
attract new families and businesses to the community through a focus on and support for
postsecondary education for all of its graduating students. The Saginaw Promise provides
resident graduates of the SPS with financial resources towards postsecondary education.
9. Briana Wolverton is an elector of the KPS District and parent of a student at
Washington Writers’ Academy.
10. Aleena Evans is an elector of the KPS District and parent of students at
Washington Writers’ Academy.
11. Gary Hudson and Tammy Hudson are property owners and electors of the KPS
District, and parents of students at Washington Writers’ Academy.
12. Tammy Pawlowski is a property owner and elector of the KPS District, and parent
of a student at Woodward School for Technology and Research.
13. Christopher Elliott and LaToya Elliott are electors of the KPS District and parents
of a student at Woodward School for Technology and Research.
14. R. James Seaman, Jr., and Dara Seaman are electors of the KPS District and
parents of a student at Woodward School for Technology and Research.
15. Detrianna Barnes is a property owner and elector of the SPS District and a parent
of students at Saginaw High School.
16. Tabitha Hunt-Dixon is a property owner and elector of the SPS District and a
parent of a student at Saginaw High School.
17. Stacey Marshall is an elector of the SPS District and a parent of students at Jessie
Loomis Elementary School.
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18. Ericka Taylor is a property owner and elector of the SPS District and a parent of a
student at Jessie Loomis Elementary School.
19. Defendant Natasha Baker is the State School Reform/Redesign Officer (the
“School Reform Officer”).
20. Defendant State School Reform/Redesign District (the “School Reform District”)
is a district created pursuant to MCL 380.1280c (“Section 1280c”).
21. Defendant State School Reform/Redesign Office (the “School Reform Office”) is
an autonomous entity within the Michigan Department of Technology, Management and Budget.
22. Defendant Michigan Department of Technology, Management and Budget is a
department within the executive branch of the Michigan government.
23. Defendant Michigan Department of Education is a department within the
executive branch of the Michigan government.
24. Brian J. Whiston is the Superintendent of Public Instruction.
25. The events giving rise to this action, as they relate to KPS, arose in Kalamazoo
County, Michigan.
26. The events giving rise to this action, as they relate to SPS, arose in Saginaw
County, Michigan.
27. Jurisdiction is conferred by MCL 600.6419.
28. Venue is proper in this Court by virtue of MCL 600.6413.
Supporting Allegations
29. On February 17, 2009, President Barack Obama signed into law the American
Recovery and Reinvestment Act of 2009 (“ARRA”). The ARRA allocated approximately $5
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billion for the Race To The Top (“RTTT”), a competitive grant program to which individual
states could apply.
30. To qualify for the competitive RTTT grant funding, states were evaluated in four
core education areas, including the improvement of a state’s “lowest achieving schools.”
31. The deadline for a state’s initial application to qualify for the competitive RTTT
grant funding was January 10, 2010.
32. On April 2, 2009, House Bill 4787 (“HB 4787”) was introduced in the Michigan
Legislature.
33. Among other items, HB 4787 proposed the addition of Section 1280c to the
Revised School Code, 1976 P.A. 451, MCL 380.1, et seq.
34. Upon information and belief, the Michigan Legislature determined that it was
necessary to pass the Race to the Top Legislation in order for the State of Michigan to qualify for
the competitive RTTT grant funding.
35. The House of Representatives passed HB 4787 (H-5) on June 25, 2009.
36. The Senate then passed a different version HB 4787 (S-4) on December 9, 2009.
The House, however, did not concur in the passage of S-4.
37. Approximately one week later, on December 16, 2009, the Legislature set up a
joint conference committee.
38. Three days later, on December 19, 2009, both the House of Representatives and
the Senate passed the same version of HB 4787.
39. On January 4, 2010, the Governor signed HB 4787 into law, effective
immediately.
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40. Upon information and belief, despite legislative and executive efforts to position
the State of Michigan to qualify for the competitive RTTT grant funding, including the passage
of laws designed to be funded by RTTT funds, Michigan failed to qualify to receive any of the
$4.35 billion in RTTT competitive grant funding.
Section 1280c and the School Reform Officer
41. Despite Michigan’s failure to qualify for any RTTT competitive grant funding,
Section 1280c was not amended or repealed.
42. In accordance with the Legislature’s attempt to enhance the State of Michigan’s
Application for RTTT competitive grant funding, Section 1280c requires, among other things,
the following:
a. The Superintendent of Public Instruction must publish a list, every year,
identifying the public schools determined to be “among the lowest
achieving 5% of all public schools in this state[.]”
b. The Superintendent of Public Instruction must then issue an order placing
all public schools on the list “under the supervision” of the School Reform
Officer. Schools under the School Reform Officer’s supervision are
sometimes referred to as “priority schools.”
c. The school board of each public school on the list and under the
supervision of the School Reform Officer must then submit a “redesign
plan” to the School Reform Officer proposing the implementation at the
public school of one of four types of “intervention models,” the
requirements of which are provided and defined in RTTT.
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d. Upon the School Reform Office’s approval of the redesign plan, the
school board must implement the redesign plan and regularly submit
monitoring reports to the School Reform Officer regarding the
implementation and results of the redesign plan.
43. Upon information and belief, from the time of its passage to the present, the
Michigan Legislature has not authorized any appropriation to any local act school district or
public school academy related to the implementation of Section 1280c.
44. Upon information and belief, Section 1280c imposes upon school districts the
performance of new activities and services, which increase the cost of operating the school
district.
45. Additionally, Section 1280c created the School Reform District as a separate
school district, body corporate and governmental agency.
46. The School Reform Officer acts as the Superintendent of the School Reform
District, and accedes to all the rights, duties, and obligations of the school board with respect to
the particular public schools placed in the School Reform District.
47. There are two circumstances pursuant to which a public school may be placed in
the School Reform District:
a. First, the School Reform Officer must issue an order placing a public
school into the School Reform District if the School Reform Officer does
not approve the redesign plan proposed for implementation at the public
school.
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b. Second, the School Reform Officer must issue an order placing a public
school into the School Reform District if the School Reform Officer
“determines that the redesign plan is not achieving satisfactory results.”
48. Section 1280c provides no definition or further explanation of the meaning of the
phrase “not achieving satisfactory results.”
49. Upon placement in the School Reform District, a public school ceases to be
operated by the school board elected to operate it; rather, Section 1280c grants to the School
Reform Officer all authority previously vested in the school board with respect to the public
school.
2015 Reorganization Order
50. Executive Reorganization Order No. 2015-2 was promulgated March 12, 2015 as
Executive Order No. 2015-9, with an effective date of May 12, 2015 (the “Reorganization
Order”), which is attached as Exhibit 1.
51. Among other things, the Reorganization Order created the School Reform Office
as an autonomous entity within the Department of Technology, Management and Budget and,
with one minor exception, purported to strip the State Superintendent of Public Instruction of all
authority granted to him under Section 1280c and endow the School Reform Office with all
authorities and duties under Section 1280c formerly granted to the State Superintendent of Public
Instruction.
52. Among the authority and duties now purportedly granted to the School Reform
Office, it is the School Reform Office’s responsibility to publish the list, each and every year, to
identify the schools determined to be “among the lowest 5% of all public schools in the state.”
53. Upon information and belief, as part of the process of publishing the list, the
School Reform Officer must establish protocol on the procedure used to generate the list.
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Protocol for School Ranking
54. For several decades, until the 2013-2014 school year, the State of Michigan used
the Michigan Educational Assessment Program (“MEAP”) as a statewide standardized test.
55. Beginning with the 2014-2015 school year, the State of Michigan stopped using
the MEAP and started using the Michigan Student Test of Educational Progress (“M-STEP”) as
the statewide test given to students to assess achievement and progress. The M-STEP is not
standardized because, among other things, it has not used standardized testing protocols and
procedures in the administration of the test.
56. Upon information and belief, since the change from MEAP to M-STEP, the
Michigan Department of Education has consistently informed educators and the public that it is
neither appropriate nor psychometrically sound to compare MEAP scores with M-STEP scores.
Similarly, upon information and belief, the School Reform Office initially indicated that results
from the spring 2015 M-STEP, the first administration of M-STEP, would not be used at all and
would instead be treated as a type of pilot administration. Subsequently, the School Reform
Office now asserts that the 2014-2015 M-STEP data should serve only as a baseline upon which
future M-STEP data can be compared. The Michigan Department of Education currently has the
following warning on its website:
The M-STEP is a very different test than tests administered in past years,therefore, results should not be compared to those from prior years. Because thisis a different test measuring different standards, scores should not be compared toscores on the MEAP test. This year’s M-STEP data will provide a baseline towhich future year’s data can be compared.
57. Similarly, the Michigan Department of Education has consistently informed
educators and the public that significant policy decisions related to “priority schools” would not
be made based upon comparison of the 2014-2015 M-STEP scores with prior lists, which are
based upon MEAP scores.
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58. Upon information and belief, there are no updated School Ranking Business
Rules that account for the State of Michigan’s transition from the MEAP test to the M-STEP.
59. Even though Defendants have a statutory duty to publish the list of priority
schools by September 1 of each year for the preceding school year under Section 1280c(a), the
School Reform Office did not publish the lists for the spring 2015 and 2016 data until
September 1, 2016 and January 20, 2017, respectively.
60. The 2014 and 2015 lists included Washington Writers’ Academy and Woodward
School for Technology and Research from KPS and Jesse Loomis School and Saginaw High
School from SPS (collectively, the “Threatened Schools”).
61. In the last ten years, Washington Writers’ Academy has averaged 95% free or
reduced-price lunch eligibility under Title I of the federal Elementary and Secondary Education
Act, while Woodward School for Technology and Research has averaged 89% in the last eight
years.
62. All of the Threatened Schools had redesign plans that the School Reform Officer
approved, and KPS and SPS continue to implement those redesign plans.
63. The School Reform Officer failed to follow any of the requirements of Section
1280c as applied to KPS and SPS.
School Reform Officer’s Recent Unlawful Actions Against Priority Schools
64. The State Board of Education, which is constitutionally vested with the
responsibility for “[l]eadership and general supervision over all public education,” has
promulgated a policy on state school turnaround (“the State Board Policy”), which is attached as
Exhibit 2.
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65. Among other things, the State Board Policy sets forth a timeline for state school
turnaround and requires transparency and community involvement in the school turnaround
process.
66. On August 23, 2016, the State Board of Education Legislative Committee issued a
statement, which provided, among other things, the following:
While school closures may be necessary in some instances, those decisions aregenerally made at the local level and after much public deliberation, and include aquality, public option for affected students. Even then, closing a school can havemany negative impacts on children, families and communities. These decisionsshould not be taken lightly or made quickly without community input.
We are deeply concerned about the [School Reform Office’s] lack of transparencyand community involvement in this process. Given the impact that thesedecisions will have on students, parents, taxpayers and communities, we believethat a communication process, as outlined in the SBE policy, must beimplemented immediately. This includes the SRO conducting communitymeetings to inform the taxpayers of plans for their schools.
67. On January 20, 2017, the School Reform Office published the 2016 list, which
identifies schools claimed to be the lowest achieving 5% of all public schools in the state based
on state test results and therefore presumably subject to the next level of accountability.
68. Each of the Threatened Schools was included in the 2016 list.
69. In the January 20, 2017 disclosure of the 2016 list, the School Reform Officer
stated:
Over the next thirty (30) days the SRO will be examining the geographic,academic and enrollment capacity of other public school options for children. If itis determined that closing some of the thirty-eight (38) schools at risk of closure isnot feasible due to unreasonable hardship for the children attending that schoolbecause no better options are available, the SRO will rescind the closure notice byFebruary 28th and implement a different turn-around option, including naming aCEO, changing the Redesign Plan, or placement into the State School ReformDistrict.
70. The School Reform Officer did not provide any statutory authority supporting the
planned actions against the Threatened Schools.
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71. As of this date, in support of her efforts, the School Reform Officer has only
identified legislation that is applicable to Detroit Public Schools and the creation of a new
Community District (MCL 380.391), which is not applicable to the Threatened Schools.
72. The School Reform Officer continues to take action against the Threatened
Schools even though Section 1280c does not provide for such authority.
73. As of this date, none of the Threatened Schools has been placed in the School
Reform District.
74. As of this date, KPS’s and SPS’s boards of educations have not recommended the
closure of the Threatened Schools.
75. Also, on January 20, 2017, the School Reform Officer sent a letter to the
parents/guardians of the schools subject to closure (“the Parent Letter”). See Exhibit 3 (Parent
Ltr. to KPS parents); Exhibit 4 (Parent Ltr. to SPS parents).
76. The Parent Letter stated that the School Reform Officer sent the letter “because
the school your child attends is at risk of being closed by June 30, 2017, due to academic failure
for many years.”
77. The Parent Letter further stated that:
For the next thirty (30) days we will work with your local school district andcommunity to finalize this decision. We will be looking at other public schooloptions for your child. If we determine that closing your school would create ahardship because there are no better options at this time, we will not close theschool. You will receive an update about the decision by the end ofFebruary/beginning of March.
78. Attached to the Parent Letter was a list of proposed options for the student. These
options included schools up to approximately forty miles away from the location of the students’
current school. The School Reform Officer did not provide any options for school district
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transportation to another school or address which other schools have a School of Choice program
or adequate capacity to absorb some, let alone all, of the students from the Threatened Schools.
79. In the Parent Letter, the School Reform Officer did not provide any statutory
authority to support her proposed actions, or the authority to send such a communication to the
parent/guardian.
80. Since disclosure of the 2016 list and the Parent Letter, the School Reform Officer
has had limited contact with KPS and SPS.
81. The February 7, 2017 edition of The Bond Buyer, a publication for public finance
authorities, indicated that the threatened school closures in Michigan school districts are a credit
negative and, therefore, have a negative impact on the districts’ credit rating. According to
Moody’s Investor Service, “the school closing process adds unpredictability to an already
volatile sector and is credit negative for the affected districts because it makes budgeting for
operations challenging and threatens revenues.”
82. On February 14, 2017, the State Board of Education issued a Statement on School
Closures and Definition of Hardship (the “SBE Statement”), which is attached as Exhibit 5. In
the SBE Statement, the State Board of Education advised the School Reform Officer to rescind
all school closures based on a number of reasons, including:
a. No clear definition for “Unreasonable Hardship” exists.
b. There is a potential for disruption and harm to students, as schoolclosure is a state-created form of student mobility and a large bodyof research finds that student mobility can have harmful effects onstudent performance. This includes a greater likelihood ofincreased drop-out rates, lowered achievement, increased chanceof substance abuse, lower levels of occupational prestige, increasedsymptoms of depression, and greater likelihood to be arrested asadults.
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c. There is great potential for negative effects on students wherethreats of school closure themselves can have a negative impact onstudents.
d. Considerable changes to test content and delivery have occurredover the last four years and further changes are likely to addressthe newly authorized federal law.
83. The State Reform Office has not provided to KPS or SPS any evidence suggesting
that school closure results in better academic outcomes for students.
COUNT 1UNLAWFUL REORGANIZATION
84. Plaintiffs incorporate the preceding allegations of this Complaint.
85. Under Const. 1963, art. 8, § 3, the State Board of Education has at least five
functions. These functions are (1) to exercise “[l]eadership and general supervision over all
public education”; (2) to serve “as the general planning and coordinating body for all public
education”; (3) to “advise the legislature as to the [financial] requirements in connection
therewith”; (4) to appoint the Superintendent of Public Instruction; and (5) to determine the term
of office of the superintendent.
86. These powers, retained by the State Board of Education, give the board authority
over the Superintendent of Public Instruction and control over public education.
87. Under Const. 1963, art. 8, § 3, the Superintendent of Public Instruction is the
principal executive officer of the State Department of Education.
88. PA 204 of 2009 added Section 1280c to the Revised School Code, codified at
MCL 380.1280c. Among other things, that section:
A. Created the School Reform District. Section 1280c(6).
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B. Provides that the Superintendent of Public Instruction shall hire the School Reform
Officer, who is responsible directly to the Superintendent of Public Instruction to
ensure that the purposes of the section are carried out. Section 1280c(9).
C. Requires the Superintendent of Public Instruction annually to publish a list
identifying the public schools in Michigan that the Department of Education has
determined to be among the lowest achieving 5% of all public schools in the state.
Section 1280c(1).
D. Requires the Superintendent of Public Instruction to issue an order placing each
public school on the list under the supervision of the School Reform Officer. Section
1280c(2).
E. Requires that public schools on the list work with the School Reform Officer to
recommend and develop a redesign plan, which the local school board shall
implement beginning the next school year after the School Reform Officer approves
the redesign plan. Section 1280c(2)-(5). One of the four intervention models for the
redesign plan is closure of the public school. Section 1280c(2).
F. Requires the School Reform Officer to issue an order placing a public school that is
not achieving satisfactory results under the redesign plan in the School Reform
District, imposing one of the four intervention models (one of which is closure of the
public school). Section 1280c(6).
G. Designates the School Reform Officer as the superintendent of the School Reform
District. Section 1280c(6)(b).
H. Authorizes the School Reform Officer to appoint a chief executive officer to take
control of multiple public schools. Section 1280c(7).
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89. Each of the provisions and requirements of Section 1280c involve “public
education” as that term is used in Const. 1963, art. 8, § 3.
90. Under Const. 1963, art. 8, § 3, all of these functions must be within the ultimate
control of the State Board of Education.
91. The Reorganization Order, effective May 12, 2015, created the School Reform
Office as an autonomous entity within the Department of Technology, Management and Budget.
Reorganization Order, ¶ II.A.
92. The Reorganization Order provided that the Director of the Department of
Technology, Management and Budget is the appointing authority for the School Reform Office.
Reorganization Order, ¶ II.B.
93. The Reorganization Order transferred the State Reform District from the
Department of Education to the State Reform Office. Reorganization Order, ¶ III.A.
94. The Reorganization Order transferred the State Reform Officer from the
Department of Education to the State Reform Office. Reorganization Order, ¶ III.B.
95. The Reorganization Order transferred “[a]ll authority, powers, duties, functions,
and responsibilities of the Department of Education under Section 1280c” from the Department
of Education to the State Reform Office. Reorganization Order, ¶ III.C.
96. The Reorganization Order transferred “all authority, powers, functions, and
responsibilities of the Superintendent of Public Instruction under Section 1280c” (other than the
limited authority, powers, duties, functions, and responsibilities to hear and decide appeals from
a local school board or a board of directors under Section 1280c(4)) to the State Reform Office.
Reorganization Order, ¶ III.D.
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97. The result of the Reorganization Order is that, with the exception of appeals from
a local school board or a board of directors under Section 1280c(4), all other authority, powers,
functions, and responsibilities within the ultimate control of the Board of Education under
Section 1280c are now under the ultimate control of the Department of Technology,
Management and Budget.
98. By transferring ultimate control of the authority, powers, functions, and
responsibilities of Section 1280c from the State Board of Education to the Department of
Technology, Management and Budget, the Reorganization Order violated Const. 1963, art. 8,
§ 3.
99. The continued exercise of authority, power, functions, and responsibilities of the
School Reform Office, the School Reform Officer, the School Reform District, and any chief
executive officer that the School Reform Officer may appoint under the ultimate control of the
Department of Technology, Management and Budget violates Const. 1963, art. 8, § 3.
100. The creation of the School Reform Office within the Department of Technology,
Management and Budget violates Const. 1963, art. 8, §3.
101. All actions taken by the School Reform Officer, the School Reform Office, the
School Reform District, and any chief executive officer that the School Reform Officer may
appoint have been invalid and ultra vires and otherwise unlawful and without legal effect.
COUNT 2SCHOOL REFORM OFFICE AND OFFICER ACTING ULTRA VIRES
102. Plaintiffs incorporate the preceding allegations of this Complaint.
103. The Threatened Schools are not part of a “community district” and are not a
“public school academy,” “urban high school academy,” or a “school of excellence” as those
terms are used and defined in the Revised School Code.
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104. As a result, the only provision of state law that gives the School Reform Officer
any authority or potential authority over the Threatened Schools is Section 1280c.
105. Under Section 1280c(6), the School Reform Officer may impose one of the four
intervention models on a public school only after the School Reform Officer has issued an order
placing the public school in the School Reform District.
106. The School Reform Officer has not issued an order placing the Threatened
Schools, or any other school, in the School Reform District.
107. In fact, the School Reform Officer has not followed the requirements of the
Revised School Code and the State School Aid Act, with which the School Reform Officer’s
own Operating Procedures Handbook indicates all public schools, including schools within the
scope of Section 1280c, must comply.
108. Without placing the Threatened Schools in the School Reform District, the School
Reform Officer is without any authority or power to impose one of the four intervention models
on the Threatened Schools.
109. Without placing the Threatened Schools in the School Reform District, the School
Reform Officer is without any authority or power to order the closure of any of the Threatened
Schools.
110. The School Reform Officer’s issuance of the Parent Letter to the Threatened
Schools’ students’ parents and guardians has caused and is causing irreparable injury to KPS and
SPS. For example, Plaintiffs believe that some students’ parents are investigating other school
options as a result of having received the letter. Numerous parents have expressed concerns and
uncertainty to KPS’s and SPS’s superintendents and other administrative staff and teachers.
Parents have expressed frustration with Defendants’ actions and threats to close the Threatened
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Schools. Parents and teachers have expressed that many students feel insecure, scared, and
frustrated about the possibility that their school may be closed.
COUNT 3DUE PROCESS
111. Plaintiffs incorporate the preceding allegations of this Complaint.
112. Section 1280c(6)’s requirement that the School Reform Officer issue an order
placing a public school in the School Reform District if the School Reform Officer “determines
that the redesign plan is not achieving satisfactory results” does not provide fair notice of the
conduct it regulates.
113. Section 1280c(6)’s requirement that the School Reform Officer place a public
school in the School Reform District if the School Reform Officer “determines that the redesign
plan is not achieving satisfactory results” does not provide fair notice of the conduct it regulates.
114. Section 1280c(1)’s requirement that the Superintendent of Public Instruction
determine the public schools “among the lowest achieving 5% of all public schools” in Michigan
does not provide fair notice of the criteria or methodology used to make that determination.
115. KPS and SPS and the Threatened Schools have not been provided fair notice of
the “satisfactory results” that the Threatened Schools are required to demonstrate to ensure not
being ordered into the School Reform District and thus being taken over and operated by the
School Reform Officer.
116. Section 1280c(6)’s requirement that the School Reform Officer issue an order
placing a public school in the School Reform District if the School Reform Officer “determines
that the redesign plan is not achieving satisfactory results” gives the School Reform Officer
unstructured and unlimited discretion in determining whether a public school has achieved
satisfactory results.
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117. Section 1280c(6) is unconstitutionally vague and violates Plaintiffs’ due process
rights.
118. For the 2013-2014 school year, the State applied certain business rules related to
the ranking of schools in Michigan. Upon information and belief, the School Reform Office
used no business rules for the 2014-2015 school year. For the 2015-2016 school year, the State
Reform Office relied on new business rules, which were different from the prior business rules in
many respects.
119. Upon information and belief, the School Reform Officer has taken, and will
continue to take, action against the Threatened Schools even though those schools may not, in
fact, be in the lowest achieving 5% of all public schools in Michigan if fair and consistent
business rules and testing procedures were used.
120. In any event, even if the School Reform Officer took action on a list that included
only the lowest achieving 5% of all public schools in Michigan, the data relied on to create the
list are statistically unreliable.
121. Each of the Threatened Schools has improved in the past three school years.
122. For example, with respect to KPS’s Threatened Schools, the schools have worked
with various organizations and individual community members and educators (including the
Kalamazoo Regional Educational Service Agency, KPS’s school-improvement-grant monitors
from the Michigan Department of Education, Communities in Schools – Kalamazoo, Western
Michigan University, Kalamazoo College, and others) and those organizations and individuals
have remarked about positive changes in school climate and culture, focus, and increases in
results in the Northwest Evaluation Association, Measures of Academic Progress (NWEA-
MAP).
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123. As a further example, with respect to SPS, staff at Jessie Loomis Elementary and
Saginaw High School have adopted Restorative Practices to enhance their positive behavior
instructional support (PBIS) initiative. This has resulted in fewer disciplinary referrals and
suspensions. M-STEP proficiency has increased within most elementary grade levels and
graduation rates continue to demonstrate a positive trend. Moreover, Saginaw High School’s
scorecard indicates that proficiency targets were met in ELA, math, and Social Studies. Before
transitioning to the SAT in 2016, Saginaw High School’s English and reading ACT scores also
improved from 2014 to 2015.
124. Due process requires that the laws regulating persons or entities give fair notice of
the required or prescribed.
125. Permitting the Superintendent of Public Instruction or the School Reform Office
and the School Reform Officer to act without establishing clear, unambiguous standards not only
violates due process rights, it is fundamentally unfair to Plaintiffs and the Threatened Schools’
students and parents and guardians.
126. As a direct and proximate result of the enactment of Section 1280c and
Defendants’ actions, Plaintiffs have suffered and will continue to suffer a loss of their
constitutionally protected rights to due process.
127. Because all prior and any future actions of the Superintendent of Public
Instruction or School Reform Office and the School Reform Officer related to the Threatened
Schools have been and will be effectuated under statutory provisions that are unconstitutionally
vague and constitutionally impermissible, such action is unlawful.
COUNT 4VIOLATION OF THE HEADLEE AMENDMENT
128. Plaintiffs incorporate the preceding allegations of this Complaint.
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129. The Headlee Amendment to the Michigan Constitution of 1963, specifically the
second sentence of Const. 1963, art. 9, § 29, is violated when the state requires a new activity or
service or an increase in the level of activities or services of a school district but fails to fund or
fully fund the necessary cost of the new or increased activity or service.
130. Section 1280c requires school districts operating schools on the list of the lowest
achieving 5% of all public schools in Michigan, including KPS and SPS, to develop and
implement a redesign plan.
131. Section 1280c imposes new activities and services on school districts operating
schools on the list of the lowest achieving 5% of all public schools in Michigan, including KPS
and SPS, to develop and implement a redesign plan.
132. Section 1280c has increased the operational costs of KPS and SPS by requiring
them to develop and implement a redesign plan for any of their schools on the list of the lowest
achieving 5% of all public schools in Michigan.
133. Issuing an order placing one or more of the Threatened Schools in the School
Reform District, or closing one or more of the Threatened Schools, would impose new activities
and services on KPS and SPS, which will increase the cost of operating KPS and SPS.
134. In the event the School Reform Officer were to issue an order placing one or more
of the Threatened Schools in the School Reform District or under the control of an chief
executive officer or closing one or more of the Threatened Schools, KPS and SPS would suffer a
reduction of state aid, which would affect KPS’s and SPS’s ability to pay for fixed costs, which
they would still have to provide district-wide even after such action by the School Reform
Officer.
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135. Defendants have not fully funded KPS’s and SPS’s increased operational costs, in
violation of the second sentence of Const. 1963, art. 9, § 29.
PRAYER FOR RELIEF
Plaintiffs request, in addition to their fees, costs, and such other relief as is just and
equitable, the following relief:
A. A judgment declaring that the Reorganization Order violated and violates Const.
1963, art. 8, § 3, and is, therefore, void ab initio.
B. A judgment declaring that all actions of the School Reform Office and the School
Reform Officer since the effective date of the Reorganization Order, including
issuing the order placing the Threatened Schools under the supervision of the
School Reform Officer, are void ab initio because they violate Const. 1963, art. 8,
§3.
C. A judgment declaring that, because the School Reform Officer has not issued an
order placing the Threatened Schools in the School Reform District, the School
Reform Officer is without authority or power to initiate an intervention model for
the Threatened Schools, including closure.
D. A preliminary and final injunction enjoining Defendants from making public
pronouncements that they have the authority or power to close, or to implement
any other intervention model for, the Threatened Schools and from
communicating with the Threatened Schools’ students’ parents and guardians
about possible implementation of an intervention model.
E. A judgment declaring that Defendants’ failure to publish legally promulgated,
objective criteria to implement MCL 380.1280c, including the terms “not
achieving satisfactory results” and “among the lowest achieving 5% of all public