Trial date set for charter school case

In his ruling, Lawrence Superior Court Judge Robert A. Cornetta denied a preliminary injunction to close the school, which enrolled 90 students last year in grades 4 to 7, saying the closing would create chaos when funding has already been allocated. In a separate ruling, he also denied a motion from the City of Gloucester to join the lawsuit.

“Were this court to now prohibit the charter school from proceeding on to year two of its educational program, the disruption to students and parents would indeed be acute, the Commonwealth would suffer a significant waste of resources now committed to the charter school while the Gloucester public schools would incur the impact of having to provide additional classroom space and teachers for charter school children at a time when its municipal budget and state aid for the year have already been established,’’ Cornetta wrote in his decision. “The potential for disruption just as the new school year is getting off the ground is simply too great.’’

Despite allowing the school to reopen, Cornetta did not dismiss the complaint and set a trial date of Jan. 24, 2012.

Gloucester Mayor Carolyn Kirk opposes the suit, and said the funding formula needs to be changed at the state level so it doesn’t punish districts that have charter schools. Currently, charters are funded by the state, which allots about $11,000 per pupil. This allotment has caused friction between public school districts and charters throughout the state.

Both sides claimed victory after the ruling, which is the second time a judge has rejected the plaintiffs’ call to close the school.

Last summer, Superior Court Judge Richard Welch III also denied the preliminary injunction but wrote that “the plaintiffs present considerable evidence’’ that the Massachusetts Board of Elementary and Secondary Education and its commissioner, Mitchell D. Chester, “blatantly ignored and violated state law when granting the GCA [Gloucester Community Arts Charter School] for political reasons.’’