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<p>State Secretary of Education Pedro Rivera has denied a motion to dismiss a complaint about Wilkes-Barre Area School District&#8217;s high school construction project.</p><p>The brief order, which offers no explanation for denial of the motion to dismiss, was dated Nov. 25 and provided to the Times Leader by Attorney Kim Borland, who has been representing the group Save Our Schools. SOS was formed in opposition to the district&#8217;s plan to merge three existing high schools into one new one under construction in Plains Township.</p><p>While the paperwork has the look of a judicial proceeding, it is playing out within the State Department of Education and not in a courtroom, and it centers on the state school construction reimbursement process known as PlanCon.</p><p>It order to be eligible for any state money toward the project, the district must fulfill requirement &#8212; and file state paperwork &#8212; in up to 11 different stages of PlanCon. If the state approves each phase, money can become available.</p><p>In April Borland filed a petition under the auspices of SOS with Rivera, contending three of the PlanCon approvals granted so far should be rescinded. SOS argued the district did not adequately complete tasks required under PlanCon.</p><p>The department of Education&#8217;s Bureau of Budget and Fiscal Management (BBFM) filed a motion to dismiss the SOS case on various grounds, including the argument that SOS &#8220;failed to join&#8221; or include, the school district as part of the petition. SOS then filed an amended petition that drew the district directly into the battle.</p><p>Rivera&#8217;s order denying the request for dismissal was praised by Borland, who said via email, &#8220;We are pleased that Secretary Rivera has determined that the Department of Education shall conduct a hearing on our complaint and look forward to the presentation of evidence in a forum not controlled by the Wilkes-Barre Area School District.&#8221;</p><p>But district solicitor Raymond Wendolowski had a very different take on Rivera&#8217;s order, noting that it was hardly a surprise considering the procedure used in dealing with a motion for dismissal in these proceedings.</p><p>&#8220;The standard in this case is that the department secretary has to assume all of the facts alleged in the complaint are true, and in making that assumption decide if the party can get the relief it is seeking,&#8221; Wendolowski said. &#8220;That&#8217;s why there is not reasoning for the dismissal in the order. We don&#8217;t know what the secretary&#8217;s though process was, but given the standard he has to utilize it&#8217;s not surprising.&#8221;</p><p>Wendolowski then echoed a point made repeatedly in the BBFM motion to dismiss: that at this point the only thing SOS can accomplish is to prevent the district from getting any state reimbursement for the project. Rescinding approval of PlanCon would not prevent completion of the project, both Wendolowski and the Bureau filing said. But it could mean the district will lose up to an estimated $10 million in state reimbursement for the project, priced at $121 million, Wendolowski said.</p><p>&#8220;It&#8217;s unfortunate SOS is trying to prevent the district from reaping the benefits of PlanCon reimbursement,&#8221; he said.</p><style>
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<div class="neCaption">Masons set bricks in the new gym at the new Wilkes-Barre Area High School in October. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2019/12/web1_TTL100319School2.jpg</photo0><caption0>Masons set bricks in the new gym at the new Wilkes-Barre Area High School in October. </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Mark Guydish</p><p>mguydish@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Mark Guydish at 570-991-6112 or on Twitter @TLMarkGuydish</p></shirttailMeta></div><div class="metaInfo"><pullquoteMeta><p>Times Leader file photo</p></pullquoteMeta></div>

Dismissal of WB-Area school complaint denied