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September 27, 2011

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cindy vaillancourt (current boe)

Assuming the case goes forward through months of discovery, and motions, and briefs that will require the BOE's attorney to draft reams of documents and appear at numerous scheduled events - with the meter running the whole time - and the actual hearing on the merits goes for 5 days starting May 7, there is more everyone should keep in mind. The 5 hearing days are not sequential so the hearing will not be over until may 16---- then the Administrative Law Judge has 30 days to issue his RECOMMENDATION (it is not the decision). Then everyone has several days to review and comment and appeal and complain before it goes up to the State Board. Best case situation the MSDE should be able to schedule their hearing sometime in August (but not likely). Then... the MSDE does NOT have a time constraint on when they HAVE to issue a decision. They can sit on it as long as they want. But, let's assume they issue a decision in the same 30 day window that the ALJ uses --- then perhaps by the end of September/early October there might be a decision. And then the appeal process with the Circuit Court begins. Unless the case is dismissed - there is virtually no way there will be even a preliminary resolution of this situation before the general election in November. But the BOE will spend tens of thousands (if not more) dollars on legal fees in the meantime. In my opinion it is a colossal waste of resources with an infinitesimal chance of resolving any issues or questions. Your education dollars at work.

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