It doesn't take a law degree to understand what's going on in Bethel Park, but it couldn't hurt.

On one side is a school board and residents who say the municipality must see the light and approve the variance to an existing code that doesn't allow a new high school to be built.

On the other, there are other residents, not to mention the zoning hearing board, who argue a new school should not or cannot be constructed.

At its May 5 meeting, the zoning hearing board turned down a request from the school district that would allow Bethel Park to pursue building a new, single-building structure along Church Road. Its high school of eight buildings currently sits at the back of a rolling, 80-acre campus on the same site.

"How can we live in a community that does not allow school building use on school property?" said school board President Susan Gout, speaking Monday at the municipality's monthly regular meeting.

The crux of the matter lies in a rezoning agreement made 10 years ago when the district wanted to sell some adjoining property for commercial use.

The site was designated as conservation land, placing restrictions on new construction and the size of expansion, should the district want to renovate the existing buildings.

Existing buildings on the property were grandfathered into compliance.

In order to build the proposed $80 million dollar high school, the district needed to prove "hardship," or circumstances that might override the existing conditions for building anew on the property.

The board voted, 3-1, to deny the request for a variance. What happens next might include two options for the school district.

It could file an appeal within 30 days for its case to be heard in the Allegheny Court Common Pleas Court, a process that might, according to one hearing board member, not be resolved until next fall.

The other possibility is to try for a direct remanded hearing with the zoning hearing board itself, where the school district would provide information that has been discovered or developed between the original May 5 hearing and the 30-day period.

Such hearings are very rare, according to Jerry Duke, Bethel Park's municipal planner.

The school district has argued that its petition is for the "greater good" of the community.

Decisions made 10 years ago, said Mrs. Gout, "are holding the school district hostage. We are all shocked that the community would work against itself in denying the variance."

Zeb Jansante, Bethel Park High School principal, also spoke at Monday's meeting. He said "times change, things change," and noted that municipal police and fire departments no doubt have evolved certain policies after the events of Sept. 11, 2001.

Bethel Park is the only high school in the western half of the state that has a campus, he said, adding "There's a good reason why we're the only one."

Most students walk between the buildings at least seven times a day at change of classes, sometimes in bad weather. Dr. Jansante said this is particularly challenging for special needs students.

In addition, he said, multiple buildings means more attention must be paid to security. Bethel Park has a full-time resource officer on site and has increased the number of hired security officers this year.

"I am not comfortable when it comes to the safety and welfare of our children," Dr. Jansante said.

Bethel Park Municipal Council President Timothy Moury reminded those in the audience Monday that the zoning hearing board is an independent, quasi-judicial body.

The municipal council, he said, holds no sway over the hearing board's decisions.

"This is a legal issue," he said. "People may think it's a cop-out, but we try to remain neutral."