The interim superintendent's recommendation was based on the committee's inability to reach consensus regarding the operation of the program and his view that the district's money could be better spent on a language program that involved more students. Respondent accepted the interim superintendent's recommendation and approved the addition of a .6 Spanish teacher to the elementary school's staff. This appeal ensued. Petitioners' request for interim relief pending a determination on the merits was denied on September 5, 1996. Petitioners allege that respondent did not address the dual language program appropriately and allowed significant teacher opposition to eliminate the program.
Petitioners also allege that the program was highly effective and beneficial to district students.
Petitioners seek an order rescinding respondent's resolution to eliminate the program. Petitioners also seek an order allowing the program to continue to the sixth grade, as respondent's materials originally indicated. Respondent contends that its decision to eliminate the dual language program was made in good faith and was within its discretion. Respondent also contends that the petition is legally insufficient because it was not verified. Before reaching the merits, I will address respondent's procedural objection.