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Mr. Gustino: I would like to offer the following points for your consideration, while stating upfront that there is no question that your client's cause is a just one. First, I do not wish to appear to snipe at you from the outfield but I think there may be reasonable grounds to discuss the possibility that tactically you allowed the OCSB to couch the fight in their terms that were insurmountable to your clients? Secondly, as to my overarching message. That is, Evans High School is a 4-times-F-School and under the No Child Left Behind Act's provisions, everyone of the 1,500 Fulltime Equivalent Studetns (FTE) were entitled to, if they so chose and many did, elected to be transferred at least two-years ago to a PERFORMING SCHOOL. In nearly all of the instances the nearby performing schools had available student capacity or additional capacity could more feasibly be added on their campuses as compared to the planned Evans High School construction, based not only construction, infrastructure, and enormous transporation-busing costs but the OCPS purported EQUITY considerations would be corrected instantly. Of course, Evans High School would be dissolved in the most effective solution allegedly, as matter of name and a source of possible community pride. Now we come to what is, in my opinion, the unspoken juggernault or elephant in the room that more polite society does not want to talk about that has confronted your clients. The surrounding flagship schools, that are actually situated clsoer to many of the present Evans kids, than the relocation site, don't want the remaining non-motivated Evans kids at their schools. Furthermore, as alluded to above, if these 1,500 or so Evans kids wanted to transfer to attain educational equity, then they could have done it long ago, as many of their former school mates had done. But now the school board representatives from the flagship school neighborhoods have the votes to do whatever they want and this includes Ms. Geiger and Ms. Ardaman, and nothing short of an uphill battle and successful challenge will trump their ulterior motives. I believe that the relocation of Evans High to the 9th grade center is just one of many alternatives that the Court would find acceptable but that the OCPS's compliance with the NCLB provisons would be a major consideration that you may want to look into and the one that the OCPS fear most? Best of luck.
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