The Tamaqua Area School District's proposed use of the Rush Township Elementary School violates township zoning ordinances.

On June 19, Rush Township Zoning Officer Bill McMullen sent the district a notice of violation, directing the district to immediately cease the use of the parcel for the noncompliant use.During a meeting June 9, the school board voted unanimously to lease the building to Behavioral Health Associates of Lehighton for five years. The Rush Township Elementary School was used for kindergarten and first-grade students.Those students would instead attend Tamaqua Elementary School during the 2015-16 school year, and students in the gifted and English as a Second Language programs at Tamaqua Elementary would transfer to West Penn Elementary School.McMullen's notice of violation states that the proposed use, the lease to BHA, does not comply with uses permitted by right or special exception in the zoning ordinance.Uses permitted by right in the R-4 district include beauty shops, grocery stores, various types of retail stores and other small businesses.Special exceptions include schools, but that designation defines a school as "nonprofit."During the school board meeting Tuesday, the matter was not discussed, although the board did hold an executive session for an hour.After the meeting, solicitor Jeff Bowe said that district administrators were not yet sure what their response would be to the letter."We'll certainly work with the township," Bowe said.Superintendent Carol Makuta was not present at the school board meeting. According to McMullen's letter, the district has the right to appeal the notice to the Rush Township Zoning Hearing Board within 10 calendar days.BHA is a school licensed by the state Board of Education, offering alternative educational programs for students in kindergarten through 12th grade with behavioral and special needs issues, including students who have been expelled from their home schools.