The West Mifflin Area school board voted last week on two legal actions — the first seeking higher tuition payments for Duquesne students, the second seeking payment from a former administrator for possible conference reimbursement violations.

In July, the board voted to file suit against the state Department of Education over what it maintains are inadequate tuition payments for the 250 Duquesne students in grades 7-12 who attend West Mifflin’s high school and middle school under a state mandate.

In October, the board hired Michael I. Levin of Huntingdon Valley in Eastern Pennsylvania as special counsel to draft the suit.

Mr. Levin has drafted a case and is ready to file in Commonwealth Court, school officials said. The board voted unanimously March 26 to authorize that filing.

But it now appears that filing the lawsuit won’t be the first move the district takes in its attempt to get more tuition funds from the state.

School Director Phil Shar and superintendent Dan Castagna said this week that Mr. Levin suggested holding a meeting with local legislators to outline the case for more funding.

In addition, Mr. Levin has suggested reviewing his brief with the state Department of Education to see if it can prompt negotiations for higher tuition rates without filing a lawsuit.

If neither meeting is fruitful, the district will file the suit.

“If we can negotiate this, we won’t file. If not, we will,” Mr. Castagna said.

Currently West Mifflin receives about $10,300 for each Duquesne student, Mr. Castagna said.

But West Mifflin officials said their per student cost is $15,800 a student — a total they come to by dividing their total budget of about $50 million by the 3,200 students in the district.

However, Mr. Castagna said, state officials indicate districts should not include debt service costs in the equation. When debt service costs are taken out of the total, West Mifflin’s per pupil cost is $13,700, which is still higher than the state tuition provided, the superintendent said.

The $10,300 stipend per child is also lower than per student tuition payments provided for Duquesne students who attend charter schools. Mr. Castagna said tuition for a regular education student from Duquesne attending a charter school is $11,691, and for a special education student, $37,107.

West Mifflin receives the same $10,300 per Duquesne student for both regular and special education students. Duquesne currently sends 60 special education students to West Mifflin, Mr. Castagna said.

The board also approved a motion to authorize district solicitor Matt Racunas “to take appropriate legal action against Philip Martell and also seek reimbursement and/or restitution for any improper payments by the district to Mr. Martell relating to conference travel.”

The board voted 8-1 to approve the motion, with school Director Erin White dissenting.

At the board’s March 19 workshop, school Director Phil Shar said the district had in its possession documents that made it appear that Mr. Martell submitted duplicate expense reports for conferences he attended while a board member of the Allegheny Intermediate Unit and assistant business manager of the West Mifflin Area School District.

West Mifflin officials declined to offer any further comment on the situation regarding Mr. Martell, who is president of the Elizabeth Forward school board and business manager for the Wilkinsburg School District.

Mr. Martell referred questions to his attorney, Scott Lautner, who denied the accusation.

“We would adamantly deny any double dipping,” Mr. Lautner said.

He said he has asked for, but not received, the evidence West Mifflin has that indicates double billing.

Last week’s vote marks the second legal action West Mifflin has taken against Mr. Martell. In January, the district filed a civil action in Allegheny County Common Pleas Court seeking $5,174 in reimbursement for tuition payments the district made on behalf of Mr. Martell.

According to the district, administrators covered by the Act 93 compensation plan must repay tuition reimbursements if they leave the district after fewer than five years. Mr. Martell resigned from West Mifflin in December 2009.

Mr. Lautner said Mr. Martell was not required to repay the tuition money because he had a contract that was separate from the Act. 93 agreement. The issue is currently in the hands of an arbitrator with a hearing set for June 24.

Mary Niederberger: mniederberger@post-gazette.com or 412-263-1590.

First Published: April 3, 2015, 4:00 a.m.