WEST CHESTER, Pa. (KYW Newsradio) — A Chester County judge is rescinding his order, which removed five people from the West Chester Area school board.
The hearing was delayed as they had to move to a larger courtroom, because initially only 35 people were allowed in, with about 100 more waiting in the hallway.
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When the hearing began, Chester County judge William Mahon repeatedly asked Kenneth Roos, the lawyer for the school board members, why he disregarded an order the judge filed on March 15. According to the judge, that order should have made it clear that Roos had 20 days to respond to a petition filed by a parent, and the clock started ticking when that petition was filed.
Roos told the judge he assumed he had 20 days from the date the judge issued the scheduling order, because, as he pointed out, the deadline had already passed by the time the judge filed it.
After the judge got Roos to admit to making a mistake, he backed off his ruling from earlier this week that removed the five board members. The judge acknowledged the removal of five school board members on a technicality would create chaos for the West Chester Area School District.
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It was a surprise to some parents who attended the hearing, including Kathy Burke-Howe.
“It played out rather like an M. Night Shyamalan movie with a surprise twist at the end,” she said.
Beth Ann Rosica filed the petition. It argues the board lacked the authority to require masks in schools, the policy violates state law, and board members supporting it should be removed. She says she thought the ruling was fair — the board members should be given a chance to defend themselves, but she adds, she thought the judge made some good points.
“I do not think that either the school district nor the attorneys took me seriously as a pro se petitioner. I don't think that they took the petition seriously. And I don't think that they took the court's ruling seriously,” Rosica said.
She made it clear that she is not a lawyer; just a concerned parent.
“This is a movement of parents who have had enough with government overreach with making decisions on behalf of our children that they do not have the legal authority to do. And so we sought remedy in the court.”
Former school board member Randell Spackman says he is disappointed this has ended up in court.
“I think it’s actually a shame,” he said. “I think all school boards across the nation have had a horrendous time through the pandemic. They’re elected officials. They do the very best they can.”
While the five board members — President Sue Tiernan, Joyce Chester, Dr. Kate Shaw, Dr. Karen Herrmann and Daryl Durnell — are not removed, Rosica’s petition requesting their removal goes forward.