According to a ruling from an administrative law judge, the ETSD Board of Education exceeded its authority when it opened its daycare.
The Evesham Township School District’s Teddy Bear Academy daycare program may have to close its doors due to a recent ruling from an administrative law judge.
According to a ruling from Administrative Law Judge Solomon Metzger, who recently reviewed the case, the ETSD Board of Education exceeded its authority when it opened Teddy Bear Academy four years ago.
The ruling stems from a petition first filed by Under The Sun Learning Center of Marlton, which filed the petition with the state commissioner of education after Teddy Bear Academy opened.
In its argument, Under the Sun interpreted state statute as only granting a board of education the authority to provide childcare services or sponsor a licensed childcare provider in a district building “before or after regular school hours for any school aged child who attends school in the district.”
Teddy Bear Academy, housed in a previously unused wing of Marlton Middle School, accepts children throughout the year who can be as young as 6-weeks-old though 5-years-old.
Parents pay varying tuition rates for their children based on the hours and days a child attends, and attendees can also live inside or outside of the district’s boundaries.
However, Metzger agreed with Under the Sun’s interpretation of the state statue, effectively ordering the ETSD to close its daycare program.
The ETSD originally approved Teddy Bear Academy in January 2014 as a way to expand before- and after-school programs that were already in place and as a way for the district to generate additional revenue and combat budget shortfalls. The program officially opened later that summer.
“Based on feedback from our residents and staff, we thought ‘outside-the-box’ to bring our community a quality daycare program at a reasonable cost,” said Superintendent John Scavelli Jr. in a letter to parents. “The Teddy Bear Academy utilized available space in our schools and at the same time earned some much-needed revenue for our school district and taxpayers.”
According to district officials, the program serves an average of more than 80 children a year.
Despite the judge’s ruling, Scavelli said the district has filed exceptions with state Commissioner of Education Lamont Repollet, who Scavelli said can choose to adopt, modify or reject the decision of the judge.
“While this decision is being reviewed by the Commissioner of Education, we felt it important to advise you (parents) that we may be forced to close if the decision is not reversed, and we may only have 30 days after that decision, before we must shut down” Scavelli said in his letter to parents. “The outcome is not yet determined, and we will continue to fight to keep Teddy Bear Academy open for as long as possible; however, you should be aware that you may need to make alternate plans for your child’s daycare.”
Evesham Township mayor and council have also responded to the situation in a message posted on the township’s Facebook page.
“The township has been in contact with the Evesham Township Board of Education and school district administration to offer any assistance that may prevent cessation of this valuable service,” the message said. “Please be assured that the township will continue to work with the school district to explore any and all viable alternatives.”
Parents with any further questions are advised to contact Scavelli or Evesham Child Care Director Leah Perlmutter.
