TOKAR STEPHEN and TAMMY v CHARLOTTE and GRAND LEDGE C-2820 06/05/18

STATE OF MICHIGAN

SUPERINTENDENT OF PUBLIC INSTRUCTION

 

 

STEPHEN AND TAMMY TOKAR,

          Appellants

 

v

 

CHARLOTTE PUBLIC SCHOOLS AND

GRAND LEDGE PUBLIC SCHOOLS,     

Appellees                                                     Property Transfer

                                                                             Case No. C-2820

 

 

FINAL DECISION AND ORDER

 

          This matter is before me on review from a recommended decision and order of Administrative Law Judge Kandra Robbins (ALJ) issued on April 20, 2018.  The matter began with the filing of a petition by Stephen and Tammy Tokar (appellants) seeking transfer of their property from Charlotte Public Schools to Grand Ledge Public Schools pursuant to MCL 380.971.  The Eaton Regional Education Service Agency declined to act on the Tokars’ petition.

Following a hearing on April 8, 2018, the ALJ recommended denial of appellants’ petition.  The ALJ found that both of appellants’ school age children are currently attending Grand Ledge Public Schools through schools of choice.  Accordingly, the ALJ determined that appellants are currently being accommodated through Grand Ledge’s schools of choice program and that there is no basis to deviate from the long-standing policy of the Superintendent of Public Instruction to defer to the less drastic alternative of a schools of choice accommodation in lieu of granting a property transfer.  No objections were filed to the ALJ's recommended decision and order. 

I find that the ALJ's decision is in accord with long-standing policy and case precedent of the State Board of Education and the Superintendent of Public Instruction to defer to local arrangements that accommodate families’ needs without resort to the more drastic measure of transferring property from one school district to another.  See, e.g., Grogan Property Transfer C-2746.

I therefore concur in the ALJ's determination.

ORDER

          Now therefore, it is ordered that:

1.        The ALJ's Recommended Decision and Order is adopted and incorporated by reference in this Final Decision and Order.

2.        Appellants’ petition is denied.

 

____________________________________

Sheila A. Alles

Interim Superintendent of Public Instruction

 

DATED:  June 5, 2018