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Former superintendent of Christina sends cease and desist letter to board

tabnews August 16, 2024
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An attorney for former Christina School District Superintendent Dan Shelton has filed a cease-and-desist order demanding that the Christina School Board refrain from taking actions that he says defame his client and violate his rights.

In his letter, attorney Thomas S. Neuberger names the four school board members who voted for Shelton's removal: President Donald Patton, Vice President Alethea Smith-Tucker, YF Lou and Naveed Baqir. He also warns that the board is violating the Constitution's 14th Amendment, which gives a person the right to sue public officials and others acting “under the cloak of state law” for civil rights violations.

The school board voted 4-3 in July to remove its superintendent without giving specific reasons. The move underscored a continuing pattern of friction between school leaders and district administration as the school year begins in just weeks.

“Someone has to step up and sort out this mess,” Neuberger told Delaware Online/The News Journal. “I think the governor and the state should step in and put the school district into trust.”

“That's me speaking. Not my client.”

If the district were placed under trust administration, he envisioned, the employees could be brought back and the school year could begin.

“If there is not already sufficient authority in Delaware law to do so, the General Assembly should immediately pass a bill and the Governor should sign it and get the education system back on track for these children.”

The school district did not respond to requests for comment for this story. School board attorney James McMackin said via email that he did not have permission from the council for public comment.

CATCH UP: Christina's board hires interim superintendent externally, leading to further “turmoil” and power struggles

What the letter says

Neuberger's letter to school board attorney James H. McMackin III said Shelton will lose pay and benefits. “But what is most important here is unlimited damages to compensate for the damage to his professional reputation and his emotional and physical distress,” the letter said.

In his letter, Neuberger also refers to his case against Sussex Vo-Tech, in which his client, an assistant principal, claimed that the school board punished her for helping to expose her former boss's misconduct.

In 2005, a jury ruled in favor of his client Carol C. Schreffler and sentenced her to a fine of over one million dollars.

“I think it might make some of these people wiser if we refer to my million-dollar verdict against Sussex Vo-Tech 20 years ago and give them the jury verdict form that lists the compensation payments to individual board members and not just things that the insurance company is covering,” Neuberger said.

State Education Department and legislators observe

State lawmakers have warned the school board about its lack of transparency.

The Delaware Department of Justice has also been monitoring the situation and will continue to monitor all Christina School Board meetings for the remainder of the year due to violations of the Freedom of Information Act and open meeting laws. Several Newark-area lawmakers filed complaints with the department about these violations in the spring.

Chairman Patton said the board would attend training on proper procedures.

The state's education minister, Mark Holodick, also addressed the board directly on Tuesday.

“We have very consistent concerns about what was communicated in your public comments,” Holodick told the panel. He also pointed out that it has become more difficult to recruit and retain teachers in this climate as the state prepares to release assessment data that will reveal some ongoing challenges.

“I beg you,” said Holodick, “as you have already heard: focus on the students.”

WHAT HAPPENED: Christina's school board urges school inspector to resign in marathon meeting

Send tips or story ideas to Esteban Parra at (302) 324-2299 or [email protected].

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