Published Tuesday, February 4, 2003
their desire
to secede
By Joe Pinchot
Herald Staff Writer
First, residents of Wheatland were asked to sign a petition stating that they want to leave Farrell Area School District for West Middlesex.
Now, those who signed will have to reaffirm their intent in court.
Mercer County Common Pleas Judge Francis J. Fornelli has cleared a day and a half out of his schedule for a hearing on Wheatland's Educational Alternatives Taskforce's quest to change districts.
The hearing will start at 9 a.m. Feb. 24 and, if needed, continue at 9 a.m. Feb. 25, said James Nevant II, Farrell school solicitor.
Attorneys and Fornelli met Monday to go over what they hope to accomplish at the hearing.
"The initial thing that must be determined is the validity of the signatures on the petition, and to determine if the signers of the petition want to continue with the (court) petition," Nevant said.
Those who are interested will have to appear in court, he said.
"They will be put under oath and they will be questioned," Nevant said, adding that both he and WhEAT attorney Joann Jofery will have a chance to ask questions.
Joe Burns of 125 Mercer Ave., Wheatland, who signed the petition, said he's not looking forward to answering questions in court, but he will.
"I'll appear," he said.
Burns, 75, a former Sharon Steel Corp. roll grinder, said that, since he is retired, appearing in court will not be a problem.
A graduate of Farrell High, Burns said he decided to sign the petition after hearing stories of his grandson, who graduated a few years ago.
"He had a few incidents when he was punched around," Burns said. "If I had any kids now, I wouldn't send them to Farrell."
The School Code of 1949 says that more than half the taxable inhabitants of an area must sign a petition to ask to leave one school district and join another.
Ms. Jofery will have to show that has been accomplished. A definition of taxable inhabitant also will have to be established.
Fornelli also will have to determine, according to the law, if the boundaries of the borough have been properly outlined in the petition, and the name of the new school district they want to join and reasons for wanting to leave are stated.
Nevant said those issues will be addressed Feb. 24 and 25 "if time allows." He said the district is not commenting on whether it believes the petition has met that criteria.
Fornelli will not rule on the educational merit of switching school districts. That decision would be up to the state secretary of education, if Fornelli determines the petition was properly filed.
Fornelli's willingness to set a new hearing date so soon after the previous one was continued -- it was to be Monday -- shows his interest in resolving the case as soon as possible, Nevant said.
"It's a big and important issue, obviously important to both sides," Nevant said. "The court is pushing it right along to resolve it."