Thursday, August 6, 2009

Why Alfaro's Counter-Sued

Kevin Alfaro, candidate for a school board seat in the Nov '09 election, had a letter in the Star this week clearly explaining the "lawsuit" with the district. (below).

WHY ALFAROS COUNTER-SUED
Thursday, August 06, 2009 St Helena Star

Editor: There has been talk recently regarding my family’s legal issues with the district. I’m committed to running for Jim Haslip’s seat and, since there are unfounded rumors being spread about this matter, I feel the need to set the record straight.

• On Nov. 7, 2008, the district filed suit against us because we decided to move our child from the SHUSD to another school that could meet her needs. Before filing suit, the district refused to discuss a meaningful resolution with us. We were then forced to hire an attorney.

• To protect our child’s educational rights and preserve some important administrative rights, we subsequently had to counter-file in the district’s lawsuit. The district proposed that we waive some of our administrative rights. We didn’t agree, since we felt it necessary to try to meet and work this out so that no one had to waste time and money on lawyers.

• The district refused mediation. We were told by a top district official, “I don’t believe in mediation.”

Ten days before the hearing, the district tendered a written offer to settle the matter. We accepted. They acknowledged receipt of our acceptance. The next day, the district unlawfully withdrew the offer.

• The hearing lasted 10 days. We lost most issues, but won one. According to statistics, districts win 9 out of 10 of these sorts of hearings. The cards were stacked in the district’s favor. They knew it, and we didn’t have a choice.

• On July 14, we filed a claim against the district concerning their unlawful withdrawal of the settlement offer. The July 14 document is what the district recently gave the Star. Unfortunately, that document contained confidential information regarding our child. The district could have easily edited out this information to protect our child, but chose not to do so.

All district children deserve respect and a right to representation. More personal attacks will be made about whether it’s appropriate for someone to sue the district and then run for the board. I’m prepared and have nothing to hide.

Kevin Alfaro

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