Here is what you need to realize.
Being devotees of reform math, the district believed they should get full credit for the process and that the answer does not count.
Marty and I had been working on this for a long time. As we gathered ideas and collected and sorted information, a lot of it came from the mounds of data I selectively sent to directors over the months of the adoption process in the hope that they would intelligently apply it. Well as usual they did not. Our case like the Funding lawsuit that was victorious today before 10:30 AM was based on applying the Preamble to article IX of the state constitution to Seattle's discriminatory math text selections that from data that I submitted to the board clearly shows the achievement gap expansion is caused by poor materials that the district adopts.
Luckily in early 2007 I saw Thomas Aherne on the tube discussing his strategy to win the "NEWS" lawsuit. I was really impressed and said in early 2007 this guy is going to win this lawsuit. When I had my short venture into politics running for school board, I stated that any action in regard to school closures was premature until we knew the outcome of the "NEWS" lawsuit. The victory in NY that Ahearne modeled his case on brought major increases in funding (on the order of around 30% - 40%). I theorized that since Seattle is generating around 25% from levies that if Ahearne could win, the entire school closure idea would not be run from a we are too poor perspective.
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At any rate our suit was modeled after Ahearne's. The question that Judge Spector asked Attorney Keith scully was did he have president for using article IX in such a way. He said no we are on New legal ground.
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