Tutoring company files suit against Detroit Public Schools for alleged NCLB violation

Alliance for Children Inc., a private tutoring company in Michigan, has filed a lawsuit against Detroit Public Schools (DPS) in U.S. District Court for allegedly violating the No Child Left Behind Act (NCLB) by barring the company from providing free tutoring services to poor children in failing schools. Under NCLB, failing schools that receive Title I federal funds are required to offer free tutoring or transfer options to their students. In Detroit, 75 schools are required to give these options. Parents and guardians are allowed to select from a state-approved list of providers. Michigan approved 215 providers this year, including Alliance. The group’s attorney, Jonathan B. Frank, says DPS did not include Alliance on its list of approved providers. According to Jan Ellis, spokeswoman for the Michigan State Department of Education, "If a (tutoring) provider that's on the approved list wants to work in a school district, then the school district must allow a provider to do that." Mr. Frank claims DPS unfairly terminated Alliance's contract in February 2006 and never paid the company for services in the 2005-06 school year. The suit seeks $1 million in back payment and damages. In a letter sent to the company in February, DPS stated it was terminating the contract because the company failed to provide tutoring and pay its employees on time. The suit also charges that the acting director of the DPS Title I office, Badriyyah Sabree, denied Alliance requested information and made false, disparaging remarks about the company. A district spokesman says DPS does not comment on pending litigation, and Austin Smith, the founder of Alliance, did not return calls. A hearing is scheduled for Dec. 12 on the request for an injunction that would force the district to recognize Alliance.