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Muskegon Heights academy board files temporary restraining order against BOE

Muskegon Heights Schools
Posted at 5:46 PM, Nov 21, 2022

MUSKEGON HEIGHTS, Mich. — The Muskegon Heights Public School Academy System has taken legal action against the district’s board of education (BOE).

According to the academy system board’s attorney, Eric Delaporte, a motion for a temporary restraining order was filed in Muskegon Circuit Court on Monday.

READ MORE: Muskegon Heights Board of Education fires PSA president, passes "no confidence" resolution

FOX17 has not seen a copy of it, but he said it alleges the BOE violated the proper process of appointing and removing academy system board members when they let go Antonette Robinson and installed Dr. Rose Hunt at a meeting held last week.

A spokesperson for the BOE has not responded to FOX17's statement request at this time.

“In 2021… as the system changed, the district board enacted a second amended resolution in order to set forth as it’s required by the revised school code, the method for appointing and removing board members,” said Delaporte. “Unfortunately, in appointing Dr. Hunt and in removing Miss Robinson, the district board did not follow the appropriate steps as outlined in the second amended resolution. Obviously, those types of actions not only impact the sport but the students, the parents and community.”

Delaporte added he filed a few other motions too, including claims that the BOE violated Robinson’s civil rights when they ousted her.

Robinson attended the academy system board’s regular meeting on Monday and acted as its president, the position she held prior to her removal. She said she will continue to do so until the court sorts out the matter.

READ MORE: Muskegon Heights academy board does not submit action plan; blames New Paradigm

At the meeting, members also heard the results of a long-awaited financial audit.

The company hired to conduct it said it found few issues in a review of the district’s 2021-2022 finances, but suggested the academy system board adopt policies that do not allow one person to perform many of the accounting processes.

The Muskegon Heights Board of Education on Tuesday released the following statement regarding reported legal action:

“The Board of Education remains steadfast in its commitment to the children of the Muskegon Heights School District. We will always act in the best interests of all our students.

“The law is clear, and we intend to follow through on our responsibility to hold the academy system accountable to educating the students of Muskegon Heights. Unfortunately, the greatest concern is that they have yet to address the corrective action plan requests regarding teachers and special education.”

Kevin Smith, attorney for the Board of Education, added:

“We are somewhat confused over the attorney’s conduct and question how he filed a lawsuit without authorization from his client, the academy system, to do so. Was there a meeting where the Board of Directors voted to file a lawsuit? Who is he representing?”

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