West Clark Community Schools to investigate cost of dissolving

The unanimous decision by the board came after a long discussion from the community and board members on what’s involved with the state laws governing district dissolution. Mike Gillenwater, the board’s general counsel, said it won’t be an easy process.

“The long and short of it is, if there is a reorganization at West Clark, it would be a divorce,” Gillenwater said. “You have to divide up assets, you have to distribute debts, you would have to have two standalone corporations or three… that would meet all the minimum requirements set out by the state.”

The idea of dissolving West Clark was brought up at a board meeting earlier this month, after the board talked about the 550 signatures gathered to prevent them from moving forward with more than $60 million in bonds for building projects without taking it to the voters. Doug Coffman, board member, said he thought there was so much disagreement between the three communities in the district — Borden, Henryville and Silver Creek — that he wanted Gillenwater to look into the process of dissolving the district.

Gillenwater said among those requirements, any school districts forming after the reorganization must have at least 1,000 students to serve. He said that stipulation would require the district split into two, since there aren’t enough students at Henryville or Borden schools to meet that threshold.

Bryan Wickens, an attorney and Silver Creek parent, said he researched the process and found what's required to go through with any kind of reorganization. He said it wouldn’t be easy and there are several steps — including a petition, formation of a committee of members across the whole county and state approval — but the board needed to show leadership and at least investigate the option further.

The board agreed to allot Wickens more time than the other speakers, 10 minutes rather than five.

“The status quo, where we are today, is unacceptable,” Wickens said. “We have to be united. If we’re fractured, we’ve got to find out something else. If folks are determined to not let us move forward or to be able to progress, there has to be an ‘or else.’”

He said someone in the community could start the petition, there’s no statutory requirement on who initiates the process. But Brian Hurst, board president, said he’s pretty sure the state favors consolidation of school districts over dissolution. He said that gives him concern that there could be a move to force West Clark’s absorption into neighboring districts.

Andy Guernsey, a Henryville resident who has children in those schools, said he helped circulate the petition on the bonded projects. He said it wasn’t a decision they took lightly and was a symbol of frustration from the community after they weren’t allowed to vote on the measure in a referendum.

“I believe any taxpaying citizen should have the right to vote on any tax increase, whether you’re for it or against it,” Guernsey said. “That is a core American value I hold and I will not be ashamed because of it.”

Guernsey was reminded of his one minute warning for his time to speak.

“If I was an attorney, would I have more?” he said.

The board voted unanimously to form a financial committee that will hire a consulting firm to take a look at the cost impact of dissolving, both on the districts and on taxpayers. Gillenwater said he’ll come back to the board with recommendations on firms to look at the possibility.

Wickens said he’s not ordering the board to do anything, but just trying to open up the possibility of investigation.

“I’m not looking at you saying that tomorrow, you guys need to go separate,” Wickens said. “What I was here to do, to say, [is that] there is an avenue. You have an or else. You don’t have to stay a status quo.”