West Mifflin Area School District will wait at least a little longer before filing a lawsuit against the state for what Superintendent Daniel Castagna calls unfair compensation for Duquesne students that West Mifflin Area has been forced to educate, as well as the general inequality in funding between public schools and cyber charter schools. The school board on Thursday shot down a resolution that would have authorized its solicitor to prepare and file a lawsuit against the Pennsylvania Department of Education and Duquesne City School District. Board president Phil Shar and directors Ted Cale and Michael Price voted in favor. Directors Judy Andzelik, Harry Fast, Dan McDonald and Ronald Rubinsak voted against. Vice President Nicholas Alexandroff was absent and director Richard Crux voted “present.� The issue stems from a 2007 state mandate requiring the transfer of Duquesne high school students to West Mifflin Area and a subsequent reinterpretation to include seventh- and eighth-grade students. Shar said the main problem is a lack of Title I funding that provides financial assistance to schools serving special needs students. He said the district has about 70 Duquesne students enrolled in special education programs and West Mifflin Area receives about $10,000 in Title I funding for each. But he said if that same student were to attend a cyber charter school, that school would receive up to $25,000. Castagna said the issue boils down to uneven tuition rates set by the department of education. “The overarching theme here that no legislator wants to talk about is that if a Duquesne student leaves Duquesne and goes to a cyber charter school, they carry with them a higher tuition rate than they carry with them here,� Castagna said. “(Pennsylvania Department of Education) defines cyber charter schools as public schools and defines us as a public school under that same umbrella. So how can there be two separate tuition rates?� Andzelik said that although she understands a need for the lawsuit, she believes the district needs to first reach out for more help. “I really think our state representatives — Bill Kortz, D-Dravosburg; Marc Gergely, D-White Oak; and state Sen. Jay Costa, D-Allegheny — do not have our current numbers,� Andzelik said. “I think before we file this lawsuit, we should get them involved in it.� Andzelik suggested attempting to convince East Allegheny School District, which was mandated to take in far fewer Duquesne students, to join the battle. Castagna said district officials have contacted East Allegheny but no formal agreements have been made. Shar, who said he is disappointed the motion did not pass, said the district has waited long enough for lawmakers to take action. “We actually had our representatives here and they basically said it's all the Republicans' fault,� Shar said. “And the Republicans say it's the Democrats' fault.� He said filing the lawsuit would be the best way to make progress. “This is our way of getting their attention,� Shar said. “I really believe that if we file a lawsuit, something's going to happen. Worst-case scenario is that we'll actually have a lawsuit, but I think the lawsuit might get us more money.� Shar said that, although he understands why directors voted down the motion, it won't stop him from trying again. “If we're not making any headway this month or next month, I'm bringing it up again,� he said. “Everybody I talk to in the community said this lawsuit is a great idea and the board is supposed to represent the community. Two months from now, I don't want to be in the exact same situation.� Tim Karan is a staff writer for Trib Total Media. He can be reached at 412-664-9161 ext. 1970, or tkaran@tribweb.com.