Local school district leadership’s legal push to erase an authorized charter school from operating in town was thwarted late last month in the Superior Court of Santa Clara County.
A trial court judge ruled May 24 that the County Office of Education was within its authority to grant a Morgan Hill charter to Voices College-Bound Language Academy—which recently completed its first year of operation at Advent Lutheran Church.
“We hope this decision results in an end to the year-long effort to derail the opening and successful implementation of our school,” Voices founding principal Frances Teso said. “Voices sought and obtained approval at the county level after MHUSD denied our charter petition.”
Superintendent Steve Betando claims that petition was “found deficient” and Voices, as well as the county office, violated conditions tied to the county board’s approval based on those deficiencies.
“I was very disappointed in the judge’s determination and explanation that the facts of the case didn’t matter (and) justifying his decision by stating that the state encourages charters,” said Betando in his emailed response.
Betando reiterated that the judge refused to hold the county office or Voices accountable for violating the county’s “own self-imposed conditions” of the petition.
“We certainly could have gotten a different decision with a different judge, and still believe the facts support our actions,” Betando continued.
MHUSD’s lawsuit, filed in April 2015, requested the court set aside or revoke Voices’ charter, which was granted by the county in November 2014 after MHUSD board’s denial three months earlier. Despite county staff’s recommendation to deny, the county board voted 6-1 for approval.
“We are pleased with the timeliness of the court’s decision and the acknowledgement that the SCCBOE’s action regarding Voices….was authorized by the Charter Schools Act,” said Jon R. Gundry, County Superintendent of Schools.
Now, MHUSD—which originally estimated costs at $60,000 to fight the county’s decision—must also pick up the tab for legal fees accrued by SCCOE, according to SCCOE communications director Ken Blackstone. He said that exact amount has not yet been finalized.
“We are relieved by the trial court’s decision, and hope that Morgan Hill does not waste any more taxpayer funds to prolong the litigation by seeking an appeal of the decision, and more importantly we look forward to continuing to serve students in Morgan Hill,” Teso added.
The court acknowledged that the Charter Schools Act encourages the approval of charter schools, and found that the county had independent authority to evaluate the petition, according to Voices’ June 6 press release.
Voices remains in MH for second year
Betando had a different take on what transpired in court and the legal tactics used by the defense in this case.
“It was painful to listen to the untruths from their attorney about the district’s schools,” Betando said. “Their defense was a big sales job on how charters have the freedom to do whatever they want and the judge apparently agreed.”
Betando added that the district “is not taking action at this time to appeal the decision (but) we will be reviewing the timelines necessary for any such consideration.”
This was not the only litigation involving MHUSD and Voices, which sued the local district for denying its Proposition 39 facilities request before the school’s opening in fall 2015.
That lawsuit, however, was dismissed last month as part of a facilities agreement worked out between the two sides. In that pact, the district agreed to pay $125,000 to Voices and support them in their request for a special use permit to place two portable buildings at their temporary location on Murphy Avenue. In return, Voices dismissed their lawsuit and agreed to waive their future Prop 39 rights.
“The (latest) case doesn’t change any of the agreements the district made with Voices on their placement until the end of their charter in June of 2018,” Betando said.
In Morgan Hill, Voices joined a short list of local charters—MHUSD-authorized Charter School of Morgan Hill and county-authorized Silicon Valley Flex Academy—when it opened up for classes August 2015.
