Education firm denies Pa. allegations of noncompliance

An embattled alternative education firm in Bala Cynwyd has denied state allegations that its disciplinary school in Reading is not complying with state and federal laws.

Lawyer David T. Shulick, owner of Delaware Valley High School, sent documents to the Pennsylvania Department of Education last week that he said refute the department's contention that the Reading school's approval should be revoked because it does not provide required academic and counseling programs, and failed to address violence.

In a 579-page response, Shulick blamed the academic problems and violence on Andre Bean, the former Reading site director, who was fired Sept. 14.

Bean, who has a doctorate in counseling and psychology and who ran Delaware Valley's former disciplinary school on Kelly Drive for two years before being transferred to Reading, called Shulick's charges "outrageous and slanderous."

Tim Eller, Education Department spokesman, said the state was continuing to review Delaware Valley's response but stood by its actions and "revocation proceedings will move forward."

Under state law, private alternative-education providers need approval to run programs for students with behavioral problems, including chronic truancy and fighting. Delaware Valley has a $1.1 million contract with the Reading School District to run a school for 125 students in grades six to 12.

Matthew Chalal, Delaware Valley's CEO, said in an e-mail to The Inquirer: "What DVHS would like to say is in stark contrast to the negativity and misrepresentation of facts that have been reported is that the Reading program is well run and never received anything but positive feedback from Reading School District and Reading personnel."

He said the issues that seemed to have caused the state's actions "were truly isolated incidents stemming from the termination of employees who were not following protocols and standards set forth by DVHS."

The dispute is the latest development in a saga that includes a federal probe of the firm's operations and its relationship with Chaka "Chip" Fattah Jr., massive layoffs, the loss of lucrative contracts in Philadelphia, and a lawsuit Shulick's firm filed against Bean and five other former Reading employees that blamed them for inciting student violence.

Bean, who has denied Shulick's allegations in a court filing, said in an interview: "I stand by what I said in my motion. If David Shulick can't find competent people to run the program, he needs to give up the program and stop blaming me."

Shulick obtained a court order in late September barring Bean and other former employees from contacting Delaware Valley students and staff.

A former youth service assistant is facing charges in Berks County for inciting student violence after the six were fired.

Officials from the Education Department and the Reading district inspected Delaware Valley's Berks campus last month after several employees complained to the state in November about a lack of special-education services and persistent violence.

State officials said they found evidence Delaware Valley administrators had directed staff to falsify incident reports and to exclude incidents from daily logs "to conceal the true nature and extent of violence," and had threatened to sue employees if they called police or discussed their concerns with anyone outside the school.

Delaware Valley denied covering up violence and said administrators investigated all staff concerns. The company also said its protocols require the site director to call police.

The company also said the day after the state inspection, Reading superintendent Carlinda Purcell assured Delaware Valley her district would not pull students.

But Purcell was more ambivalent Friday. "I have not had conversations with Mr. Shulick concerning his level of performance with DVHS, so I am unsure of his implications," Purcell said in a statement. "Internally, we are taking several steps to address issues of compliance and services to our children."

Delaware Valley also disputed state findings that it had not provided the required 21/2 hours of counseling per week and was shortchanging its 30 special education students.

The firm said state officials had insisted on reviewing hard copies of student files and refused to examine the school's extensive electronic records.

Education Department officials also said they were troubled that Delaware Valley administrators had ordered staffers to prepare statements outlining what they told state authorities during interviews.

Saying the talks were confidential, all but one employee refused. The state warned the company not to retaliate against the employees.

In Delaware Valley's response, Shulick said the private company has the right to discipline or fire employees who violate the statements they have signed agreeing to follow protocols that forbid them from disclosing information about the company without permission.

In new material included in Delaware Valley's response to the state, Shulick alleged Bean had engaged in identity theft by sending e-mails under Shulick's name, and harassing him and his wife with anonymous e-mails.

Shulick cited a Dec. 26 e-mail purportedly written by him which said: "Your world is caving in and you don't even notice this . . . Continue to lie cheat and steal. Jail is waiting for you David Shulick and his merry gang!"

Delaware Valley's owner attached copies of complaints about the e-mails he filed with Lower Merion police. Bean denied sending the e-mails.

Eller, the Education Department spokesman, said a hearing officer would be appointed to conduct an administrative hearing on Delaware Valley. Education Secretary Ron Tomalis will make the final decision on whether the company loses its approval to operate in Reading.