It remains the status quo for The Rush Building, at least for the time being.

That's after the township's zoning hearing board on Monday listened to testimony from both the township and Tamaqua Area School District.The hearing was necessitated by the district's appeal of a notice of violation concerning the change in use of a former elementary school in the township.It came after an injunction request filed in September by the township to prevent the district from changing the use of the former Rush Township Elementary School in Hometown to an academy was rejected.The injunction request supervisors filed with Schuylkill County Court to prevent the district from changing the use of the former school to an academy was declined.In July, the zoners met to consider the district's appeal of a notice of violation issued by township zoning officer Bill McMullen.The township contended that the district's proposed use of the school did not comply with zoning regulations.Following testimony, the board unanimously voted to withdraw the violation.The district then asked the Pennsylvania Department of Education to allow it to change the school to an academy.Township's caseAll of that led up to Monday's hearing, which began with testimony from McMullen.During questioning by township solicitor Chris Riedlinger, McMullen said the school's property, located at 50 Meadow Ave. in Tamaqua, is an R-4 zone.Therefore, a school is a use permitted by special exception, but not by right, McMullen said.The district's use of the parcel as a school predates the enactment of the township's zoning ordinance, thus making the district's use of the parcel as a school a nonconforming use.The township has argued that any change to that use cannot be made unless a special exception is obtained from the township's zoning hearing board before changing its use, even if the use is being changed from one nonconforming use to another nonconforming use within the same classification.As a result, McMullen said he issued a new notice of violation to the school district in August.The district has not obtained a special exception for its proposed change of use, he said.School board solicitor Jeffrey Bowe then cross-examined McMullen.Bowe took McMullen to task over the issue of nondistrict students.Specifically, Bowe asked McMullen what type of investigation he conducted on the matter.School district's caseDistrict Superintendent Carol Makuta was the next person called upon to provide testimony.In September, there were 31 students who were taught at the facility.At present, Makuta said there are 44 students.Of those, she said 20 are Tamaqua residents, while the other 24 are nonresidents.The district entered into an agreement with Behavioral Health Associates of Lehighton in August to provide services for students, Makuta said.The Rush Building is currently a K-12 setting that offers alternative education, regular education, special education, and school to work programs.Riedlinger asked Makuta whether the student population would increase."The number constantly changes," Makuta said.Makuta said it's a temporary setting, as once the goals of the program are met, the students are returned to their sending school.Before the end of last school year in June, Makuta said the district had used the school to educate students in kindergarten and first grade, which had been the case since 2011.Before that, students in kindergarten through fifth grade attended, and before that, it was kindergarten through sixth, she said.Makuta said the district has been affiliated with Behavioral Health Associates for over five years.The last person called upon to speak was Richard Caffrey, executive director of Behavioral Health Associates.Caffrey was asked to provide his educational background, to which he did.RulingAfter hearing all the testimony, zoning board solicitor Bill Burke said no decision would be made at this point in time.Burke then allowed for both attorneys to give their closing arguments.After the meeting, Burke said the earliest the next zoning hearing would likely be held would be within 60 days.