ENCINITAS: Charter schools find conflict of interest issues a challenge
Five board members at Theory Into Practice Academy face situation
By BARBARA HENRY - Staff Writer | ∞
In this 2006 file photo, the board of Eagles Peak Charter School discusses the struggle to separate the inland and coastal operations of the school. The charter school eventually divided into separate organizations, after the board accused the school's then-executive director of missteps, including conflict of interest, officials said. (File photo by John Koster - for the North County Times) ENCINITAS ---- Conflict of interest allegations recently leveled against the Theory Into Practice Academy have come in the midst of a statewide legislative debate regarding what constitutes proper charter school leadership.
The state's rules on who can sit on a charter school's governing board are "pretty wide open," said Gary Page, a state Department of Education consultant for the San Diego region. Essentially, the district that sponsors the school and the school's organizers jointly decide on the makeup of the board.
Some districts let charter schools put school employees ---- such as teachers and top administrators ---- on the school's board of directors.
The debate is over how much of this board member flexibility should continue.
Over the past several months, charter school advocates, state legislators and leaders of the state's traditional public school system all have said that charter school board membership requirements may need to become stricter given recent allegations of fraud and money mismanagement at some charter schools in California.
Lobbyists representing school districts that sponsor charter schools have said that they want to prevent anyone who has a financial stake in a charter school from serving on its board. That would be the same restriction that traditional public schools face.
Charter school advocates, who say nearly half their boards would fail to meet such strict standards, say they'll support a compromise ---- a limit that no more than 49 percent of the members of a given board can be people who benefit financially from the school.
Changing the board
The two-year-old Theory Into Practice Academy in Encinitas is a typical example of a charter school that up until last week had a board that wouldn't meet traditional school standards. Several of its board members were teachers or administrators at the school, which was founded by a group of Oceanside teachers who wanted to use a special curriculum for intellectually gifted children.
Its sponsoring district ---- the Encinitas Union School District ---- argued that the board's makeup needed to change amid allegations that one board member lobbied others to hire her husband as a school administrator.
In response to the district's "notice of remedy" issued in early May, the school's five board members agreed to step down, and the administrator was removed from his post.
The charter school's leaders have said that they may have made mistakes, but stressed that they had no intent to commit any illegal actions. They note that most of the board members who stepped down were nonvoting members.
A tricky proposal?
Branche Jones, director of governmental affairs for the California Charter Schools Association, said his charter school advocacy group ---- the largest of its kind in the state ---- would be willing to support some changes, including a ban on a person hiring his or her spouse to work at a given school.
However, banning everyone on a charter school board from being part of the school is taking regular control too far, he said. The whole point of having a charter school system is to have an alternative ---- something that operates in a different fashion from the traditional school system, Jones added.
"I just feel that's inappropriate for school districts ... who hate us, to tell us how to operate," he said.
School districts are required to permit charter schools to operate and they must give them funding, but they often see them as direct competition and they don't always want to sponsor their charters, officials say.
Jones said he considers the proposed board membership ban "a piece of trick legislation" and says it has a hidden agenda.
That's because approval of the proposal would require the sudden restructuring of the boards of nearly half the state's 687 charter schools, he said. Many of the state's charter schools have paid employees on their boards because they're founded by teachers who act both as leaders of the school and as educators in the classroom, he said.
Seeking compromises
But members of the California School Boards Association, an organization that represents nearly 1,000 school districts and county boards of education, argue that charter schools should face the same requirements for their boards that traditional schools have.
"We think that charter schools are public schools and should be similarly situated under the law, particularly for the cases of conflict of interest," said Brian Rivas, senior legislative advocate for the organization. "We think the tighter restrictions are better for the schools and better for the taxpayer."
The conflict between these positions was evident in the introduction and the eventual death of a bill put forward by state Assemblywoman Bonnie Garcia, R-Cathedral City.
Garcia represents a district that covers eastern Riverside County and all of Imperial County. She's a strong backer of having independently run charter schools as an option to traditional public education, but wanted to eliminate incidences of fraud in the system, said Dillon Gibbons, her chief of staff.
Earlier this year, Garcia introduced Assembly Bill 1772 with the backing of the California State Charter Schools Association.
In its initial version, her bill called for the compromise proposal that charter school advocates sought. But in order to keep it moving through the Democratic-controlled Legislature, Garcia eventually had to agree to stricter conditions, Gibbons said.
A complete turnaround
The final version of Garcia's bill, which died in the state Assembly's Appropriations committee last week, banned anyone who had a financial stake from serving on a charter school board.
Garcia agreed to the changes, but the California Charter Schools Association didn't. So she found herself in the unusual situation of having a bill that its initial backers no longer liked, but its initial opponents now loved, Gibbons said.
"It was quite a turnaround," he said.
Garcia isn't going to try again. She's in her final term in the Assembly this year, Gibbons said.
However, elements of the final version of her bill that contained the overall board member ban have been incorporated into AB 2115, put forward by Assemblyman Gene Mullin, D-S.San Francisco. That bill has cleared the state Assembly and is now in the state Senate, its author said Thursday.
Mullin said he got Garcia's agreement to blend some of her bill into his, saying her bill was "very good policy."
He figures it may survive the Democratic-controlled Senate, but he's not sure whether the state's Republican governor will sign it, he said.
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Here to stay wrote on Jun 7, 2008 7:24 PM:As the Friday note said, The TIP Academy board and staff are confident that EUSD cannot and will not shut our school. We will not be made to go away!
All of those 5th grader parents who are thinking about not returning to TIP for 6th grade may want to think again. The administration is now taking placement requests in Kathleen Blough's 6th grade class next year. That is just one example of our school bending over backwards to make the parents happy and reward our loyalty. Changes are happening at TIP and you have not seen the last of a charter school in Encinitas, whether this bill passes or not!
Let it go people wrote on Jun 7, 2008 9:47 PM:Wow! Sure makes me wonder why there was so much media attention about TIP academy. The whole conflict of interest was blown way out of control. Sounds like TIP isn't guilty of that charge! Maybe the out of control part was the EUSD, it's superintendent and a few whiny parents who all neglected to read current charter laws. Can't we all just get along? Please let those kids go to school and let the educators keep their jobs! Our community benefits if kids love school!
Oversight COI wrote on Jun 8, 2008 8:51 AM:The idea/implementation of a "charter school" is still a relatively new concept, and the administrations of these schools are trying to work out the bugs. One of the bugs is the lack of oversight. It doesn't mean that the school is corrupt or scandalous, just that it needs to make sure that proper oversight is in place so movements don't appear underhanded. Conflict of interest tends to plague charter schools as well because the staff has to wear so many "hats." I like the idea of charter schools in theory, but I think there is a strong appeal to people who want power to get into these schools and misuse that power. Often the damage is seen by others when it's too late. I speak from experience.
Mom wrote on Jun 8, 2008 8:56 AM:TIP is taking money from Encinitas schools. I hope they leave and go back to Oceanside!
To mom wrote on Jun 8, 2008 11:48 AM:You really need to get your facts straight, most of us TIP folk are from Encinitas and we have a right to choose where our children receive their education. Before I moved my daughter to TIP I gave EUSD a chance to hear my concerns about the school she was attending and do something about those concerns.
I put in 2 seperate tranfer requests 2 years in a row to have my daughter attend a decent school within the district, and I was refused both times from those at EUSD.
My child (who is not GATE identified) has the right to attend a safe school that does not tolerate bullies and violence on the playground and that has teachers who will build a curriculum that reaches all learners, not just the mainstream learners.
It is real easy to take aim at TIP when you have a child who is responding to the curriculum offered at the mainstream public schools. My child was not.
We all want what is best for our children, TIP is best for mine.
Just a short note, I have lived in Encinitas for 40 years and my parents have lived here for 60, I think we have earned the right to use some of the money from our district.
To MOM wrote on Jun 8, 2008 12:04 PM:I live in Encinitas, pay taxes and my child attends TIP. TIP IS an ENCINTAS school!! Just an alternative school. My child would be taking up space in ANOTHER Encinitas school if not the TIP ACADEMY. Oceanside has nothing to do with any of this except that some teachers once worked there! If you were lucky, you would have won a lottery spot in the school where the teachers are great and the kids are happy despite the confusion going on behind the scenes with the administration. The kids are getting educated. That is what this is about isn't it? The more schools there are in Encinitas, the less crowded each would be. Each school is allocated a certain amount of money for each child. My child being at TIP isn't taking any money away from your child. There is nothing wrong with trying something new. Who knows, it might be the best thing for our kids but until we give this school a chance to prove itself, we will never know. I just don't understand why someone would want to lose a school. MOM says she hopes it leaves and goes back to Oceanside. How is losing a school and more teachers a good thing?? Teachers are losing jobs all over California and if we lose the school, we lose these teachers. The more teachers in Encinitas the better. Get a life lady!
alejandro wrote on Jun 8, 2008 3:21 PM:wel, well well the only problem i have is that Vista welcomes one of those "perfect Charter Schools"by the way Encinitas School District can never touch this Charter becouse it is perfect you know ...
alejandro wrote on Jun 8, 2008 4:13 PM:ANOTHER CHARTER FIASCO ON THE ROAD OR UNDER ROW?
alejandro wrote on Jun 8, 2008 4:18 PM:i do not care about conflict of interest much but i do care who is eating the cake.
Let the Surf Riders wrote on Jun 8, 2008 7:53 PM:fix it while they are banning plastic bags.
April wrote on Jun 9, 2008 7:00 AM:Every single one of these ambiguous statements warrants a response:
The whole conflict of interest HAS NOT BEEN blown way out of control. Perhaps the reporter was not clear and CDE’s California Representative was flip flopping to cover up the fact that CDE has done absolutely ZERO to MONITOR the charter schools in the state.
By monitoring it would mean that one of the issues would be to insure that the charter schools in California COMPLY with the LAWS of the STATE (Government Code 1090) and FEDERAL REGULATIONS Sarbanes-Oxley Act.
Just because the state has failed in their fiduciary duties does not mean that charter schools have FREE REIGN UNDER THE LAWS!!! Sounds like these comments are coming from TIP administration, which luster under the assumption that they can bully parents by belittling and intimidating them. These posts are perfect examples of what type of interaction they have with the parents who question the status quo. Deny, deny, deny, and make those who think otherwise feel stupid.
As to “CHARTER LAWS” they are very CLEAR, any RECIPIENT of STATE and FEDERAL funds has to comply with the CONGRESSIONAL AGREEMENTS (spending clause legislation.)
What it means is this that any recipient of STATE and FEDERAL funds has a CONTRACTUAL AGREEMENT upon RECIEPT of these funds to comply with applicable laws A-Z.
It is a no brainer anyone who says otherwise is simply misleading the facts.
Vista will be better for you wrote on Jun 9, 2008 7:05 AM:WOW!! You shouldn't have to worry about transferring out of ENCINITAS the VISTA UNIFIED is taking transfers and they are the best school district in the state.
Proven by CDE's test scores the tops! If I were you I get on the phone right now and bail out of Encinitas since it is such a bad school district.
April wrote on Jun 9, 2008 7:22 AM:Alejandro- you may be interested in enrolling you children at TIP’s sister charter GUAJOME PARK ACADEMY the North County Times has written some AWESOME information about this innovative school. By the way both Debbie and Mike were involved in the start up of Guajome Park Academy.
Check it out your children might shine at Guajome Park Academy!
http://www.nctimes.com/articles/2006/03/23/news/inland/vista/17_33_133_22_06.txt
One more thing parents don’t have to worry about CONFLICT of INTERESTS or any other LAW at Guajome Park they have a FREE PASS sanctioned and endorsed not just by the VISTA UNIFIED SCHOOL DISTRICT but also by the local politicians.
QUE PRO QUO ALEJANDRO?
Cake wrote on Jun 9, 2008 7:44 AM:One look at Debbie and you can tell who has been eating all the cake.
Children children children... wrote on Jun 9, 2008 8:37 AM:Shouldn't you be in school by now?
To April wrote on Jun 9, 2008 9:34 AM:Spoken like a true bureaucrat. The point the author above is making is that small, innovative, and adaptable organizations don't operate the same way as the large organizations the law was intended to control, making it difficult at best to work within the law. Can you imagine starting a small company and being held to these laws? It would be near impossible. And no matter what you may think, the response has been terribly overblown. Consider the response if another public school had found itself in a similar situation. Would the district be most interested in destroying the school? Or would the kids be put first, with the entire incident handled in such a way as to minimize collateral damage to the school and the students. It makes one wonder about their priorities.
April wrote on Jun 9, 2008 5:40 PM:No bureaucrat here just a mama bear, I have heard the tactic many times before though. In fact, the typical response by charter school proponents is to attack anyone who dares to criticize them by accusing them of becoming “POLITICALL INVOLVED.”
Just about anyone who thinks a bit deeper and does not buy the charter school propaganda is considered a “POLITICAL MOTIVATED BUREAUCRAT.”
I completely disagree with your assumptions of what the author was trying to convey in this article. It is not difficult to work within the laws if you are a law-abiding citizen. Particularly, when an organization receives millions of dollars in federal funds.
If an organization has trouble understanding BASIC LAWS, then these organizations have no business taking in million of dollars of PUBLIC FUNDS.
I would also question the stability, purpose and soundness of such organizations.
Lets put a more logical scenario on the table can you imagine what it would be like to drive on the road where only “COMERCIAL DRIVERS” have to comply with the laws of the road and only commercial drivers would be subject to drivers licenses and insurance?
Now lets also consider the fact that these charter schools have been operating for over 10 years with all these violations, now what chaos! By asking charter schools to comply with state and federal laws IS PUTTING KIDS FIRST!!!!
COPLIANCE WITH THE APPLICABLE LAWS SHOULD BE A PRIORITY
Tippy wrote on Jun 9, 2008 9:21 PM:You can say whatever you want , but the education at the TIP is the best. And I would be sick if I had to go back to my home school.
To Tippy wrote on Jun 11, 2008 4:14 PM:Hey Tippy,
Just drink some Pepto-Bismol on the way going back to your home school. It taste like Kool-Aid!
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