Supporters of a teacher training school that was closed by the state are fighting to keep their lawsuit and school alive.
Last month, a judge dismissed their case seeking to block the closure of Malcolm Price Laboratory School, a teaching lab connected to University of Northern Iowa. The K-12 school for about 350 students closed on June 30.
Thomas Frerichs, the attorney for the teachers and parents backing the school, has filed a motion for a re-hearing, expanded findings and a brief in support of the motion. Frerichs argues that the judge ruled on unrelated issues, rather than the issues presented in the lawsuit.
Price Lab supporters argued in their lawsuit that the Iowa Board of Regents didn't have authority to close the school when it voted to do so in March. The judge said in his ruling dismissing the case that a 2009 state law, which required a pre-K-12 “research and development school” be established and operated at Price Lab within three years, did not preclude the regents from closing the school because the requirement didn't take effect until July 1.
Furthermore, the judge noted the Iowa Legislature declined to act to prevent the closure.
In the motion, Frerichs accused the regents of "sleight of hand ... (in) effectively closing the research and deveiopment school by denying such school the use of the facilities of a closed lab school."
And, Frerichs wrote that the judge looked beyond the statute and inferred legislative intent in reaching his ruling, which he can not do, he argued.