The trial for a lawsuit seeking to undo the Salt Lake City Board of Education's June 2001 decision to close two east-side schools has concluded following the testimony of a former superintendent and closing arguments from both sides.
The lawsuit, filed by parents and children in a Save Our Schools group, contends board members who voted to close Lowell and Rosslyn Heights elementary schools were unaware of and violated their policy on school closure, known as policy FLA. The plaintiffs want the court to undo the board's decision to close the schools.
Third District Judge Sandra Peuler said she would carefully consider the case and issue a decision as soon as possible.
"This is a difficult case," she said. "Difficult decisions on every level."
The trial, which ended Monday, included testimony of all seven board members who voted to close the schools as well as the testimony of former Salt Lake City school superintendent Darline Robles, who is now superintendent of Los Angeles County schools.
During closing arguments, attorney Mark Morris said one of the biggest causes for concern about the board's decision is that many community members hated what was going on and their input was ignored.
"The public didn't want this," Morris said. "That is troubling."
Attorney John Robson, who represents the school district, argued the board was open to the public throughout its decision-making process and that nothing was done behind closed doors.
"The public was well aware of what was going on and what the board was thinking about," Robson said.
Robson said although board members may not have known about or had memory of policy FLA, they considered, discussed and debated the issues the policy contains, and there is no evidence they would have chosen to close different schools had the policy been in front of them.
"They fulfilled their duty as elected officials," he said.
The plaintiffs' attorneys also took exception to the superintendent interpreting the policy for board members without telling them about it.
Board members said during the trial they relied on their staff, including Robles, to keep them in line with policy. Robles testified she incorporated elements of policy FLA in the documents she provided the board.
"FLA was a very basic summary, and the board could always add to that," she said. "They did not violate policy FLA."
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