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School board wants CEO, treasurer to pay legal fees for HB 70 challenge

YOUNGSTOWN — The board of education approved a resolution requesting that the district’s CEO and treasurer pay a $43,678.48 balance to the firm of Roth, Blair, Roberts, Strasfeld and Lodge for services it provided the board as it sued to challenge the constitutionality of House Bill 70.

But a district spokeswoman said that’s not going to happen.

From October 2017 to October 2019, the district has failed to pay monthly fees to the firm, even though it has continued to represent the board, the resolution states.

During its regular meeting Tuesday, board President Brenda Kimble cited a Nov. 7, 2017, letter then-city Law Director Martin S. Hume wrote to attorney Megan B. Zidian, who was representing former district CEO Krish Mohip. The letter states that as of Oct. 24, 2017, Mohip indicated he would no longer approve the further use of district funds to pay Atty. James E. “Ted” Roberts, who was representing the board in its challenge of HB 70, also known as the “Youngstown Plan.”

HB 70 was signed into law in 2015 and stipulated that districts under state control dissolve their school boards if they fail to receive on the state report card a “C” grade or better in the fourth year, after three failing years.

“It is an obvious conflict of interest for Mr. Mohip to interfere in the board’s choice of counsel and/or to refuse payment from school district funds for such representation,” Hume said in the letter.

The board also plans to contact current Law Director Jeff Limbian regarding the matter, Kimble said.

Denise Dick, school district spokeswoman, referred in an interview to Mohip’s 2017 resolution that laid out how the district wouldn’t pay for legal challenges to HB 70 or the schools’ strategic plan. She said the school board won’t be getting its $43,678. “That shouldn’t be a surprise,” she added.

Dick noted that other legal bills not related to HB 70 or the strategic plan continue to be paid to the law firm.

Also at the meeting, board member Corrine Sanderson said that during the past three or four weeks, a few elementary schools have reported a bed-bug infestation, yet little has been done to address the problem. At least two students have come to school with bed bugs, one of whom was seen with the insects in a book bag, board members were told.

Dick termed that “urban legend.”

“We don’t have a bed bug infestation,” she said, noting that there have been some episodes but schools officials are working with families.

Nevertheless, neither an exterminator has been called nor have the affected classrooms been sanitized, Sanderson contended, adding that the two students were not allowed to be sent home, under the impression that it was against state law to do so. The problem also has led to parents’ complaints as well as an unusually high absenteeism among staff, she continued.

Jennings is aware of the problem, Sanderson said.

“The district is leaving itself open to litigation,” board member Jackie Adair added.

Sanitizing a classroom is a solution that works only until a person brings a bug or bugs in, Dick said, again stressing that by law the district can’t send the kids home.

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