Fusion Academy Sues Andover Schools Over Multiple Rejections

ANDOVER, MA — The Andover School Committee and multiple current and former officials are being sued by Fusion Academy over the district's rejection of the company's requests to open a private school in town.

The company applied in 2018 and 2020 to open a school; it was rejected both times.

The company filed the lawsuit Monday in federal court, asking for damages and for its application to be approved.

District spokeswoman Nicole Kieser said the district does not comment on ongoing litigation.

Fusion Academy operates schools, including three in Massachusetts, where students spend 23 hours a semester in one-on-one learning and the rest of their time doing independent work in school.

School officials Assistant Superintendent Sandra Trach, former Superintendent Sheldon Berman and interim Superintendent Claudia Bach recommended the School Committee reject the school's applications. All three are being sued, along with the committee and the school district.

In recommending the first rejection, district officials told the committee that the proposed school would not provide a sufficiently thorough education. In recommending the second rejection, officials said the school's model would not meet state in-person instruction requirements.

The officials also noted the potential impact on college readiness and the lack of an on-campus nurse.

In the lawsuit, Fusion Academy alleges that the district improperly applied public school mandates to a proposed private school and slow-walked the application process, violating the company's rights under the First and Fourteenth Amendments.

The lawsuit also claims district officials rejected their application "because some of the Town’s special needs education funding from the state and federal governments could be reallocated to Fusion."

"There is no statutory or DESE authority allowing for consideration of federal and state special education funding and/or cost sharing requirements as a factor in private school approval," the lawsuit reads.

The lawsuit also complains that Fusion Academy did not get sufficient notice ahead of school committee discussions of its application and that its representatives were not given the chance to respond to comments from school officials.

Christopher Huffaker can be reached at 412-265-8353 or chris.huffaker@patch.com.