Voices Morgan Hill charter school will stay put for the 2016-17 school year with some support from Morgan Hill Unified School District after the two parties agreed on a facilities settlement.
However, there are some caveats to the pact—which first must be ratified by the board of education at the May 17 meeting.
If Voices is to remain at Advent Lutheran Church, they must acquire a conditional use permit from the city to allow for two portable classrooms to be placed on the Murphy Avenue grounds.
If that’s not a possibility, MHUSD leaders—who agreed to pay $125,000 in a one-time, lump-sum payment to Voices out of their unrestricted general fund—must provide temporary facilities through Sept. 30, 2016.
The agreement also requires Voices to dismiss its complaint challenging MHUSD’s denial of facilities for the 2015-16 school year as well as waive all rights to facilities for a period of three years through the 2017-18 school year.
In doing so, MHUSD will “support Voices’ current application to obtain a conditional use permit and building permits from the City of Morgan Hill for the Advent Lutheran Site,” according to the May 17 agenda item listed under the consent calendar. The district will transfer its reservation of two portable buildings to Voices, which is responsible for all associated costs.
The two sides had been battling over facilities since Voices won its appeal with Santa Clara County’s Office of Education last summer to open a Morgan Hill school in fall 2015 and filed an initial Proposition 39 request with MHUSD.
District leaders denied Voices’ request and the charter school instead elected to lease out private facilities at Advent Lutheran Church.
However, charter officials submitted a new Prop 39 request and had been in negotiations with the district, which also angered Charter School of Morgan Hill faculty and parents by proposing to house Voices at the MHUSD-authorized charter school in the northern outskirts of town.
The school board denied the district’s request to offer split facilities for Voices at San Martin/Gwinn Environmental Science Academy and Barrett Elementary School. The board also steered district leadership away from proposing Voices be on the same campus as SM/G since they both have dual immersion programs.
Under Prop 39, a local district must offer fair and equitable facilities to an incoming charter school as long as space is available and does not disrupt any of their existing programs.
Since the Voices item is under consent, the school board is not scheduled to discuss the details of the agreement and instead vote on it along with all the other items in that section of the agenda. Consent items are considered routine, but can be pulled for public discussion if a request is made to do so.
New spat with Voices
While district and charter school officials have hedged a facilities agreement, a general business item slated for May 17 will provide the school board with information regarding possible Brown Act violations by Voices, which are being alleged by residents David Craig, Terri Craig, Steve Spencer and Kae Jenny-Spencer.
They submitted a letter to Voices requesting a “Demand to Cure and Correct” their pattern of violating the open meetings law.
“This letter is to demand correction by Voices and we will inform the (Santa Clara County Board of Education) of these violations, as it is their obligation to provide oversight to insure that all Charters in their jurisdiction operate in compliance with the law,” reads the letter sent to Voices Principal Frances Teso.
According to the agenda, Trustee Donna Ruebusch requested the item be discussed.
Soil cleanup for Peet Road site
Also listed on the consent calendar is a district request for board ratification of a $64,367 contract (via the Capital Facilities Fund) with the Department of Toxic Substances Control for the Peet Road property, which the district is targeting for a new elementary school. The 10-acre parcel, donated by the Borello family and Lupine Investors, is located on the corner of Peet Road and Mission Avenida.
“As part of the approval process for the site through the Department of Education, we have performed a Phase I Environmental Site Assessment that was sent to the Department of Toxic Substance Control (DTSC) for review,” the agenda item reads. “DTSC has reviewed the assessment and determined that a Removal Action Workplan (RAW) is required for the site.”
Testing of the soil revealed dangerous toxins, including a cancer-causing pesticide called dieldrin, that must be cleansed and/or removed in order for a school to be built on the property.
“Once the RAW is prepared, the Board will have input on the remediation options and determine which option(s), if any, the district proceeds with,” it continues. “The RAW would then be submitted to DTSC for review. Should the district decide not to proceed further with remediation, no costs would be incurred.”
Resignations
Listed under the personnel order is the resignation of El Toro Elementary School Principal Daryton Ramsey, who joined the MHUSD administrative staff in January 2014. His resignation is effective June 30.
Superintendent Steve Betando announced earlier this month that El Toro was in the beginning framework of transitioning into a health science focus academy, following the footprints of other focus schools in the district. These existing schools are Jackson Academy of Math & Music, P.A. Walsh STEAM Academy, San Martin/Gwinn Environmental Science Academy and, for the 2016-17 school year, Paradise Valley Engineering Academy.
There are also four certificated resignations listed effective June 3, the last day of school instruction, with teachers Dana Carney leaving Paradise Valley; Sara Ortiz and Cecilia Robins exiting SM/G; and Rina Sutaria at Central High School.
Other general business items
Items to be discussed during the May 17 public session include:
—A public hearing to accept MHUSD contract openers for negotiations with Service Employees International Union. This comes two weeks after the school board was deadlocked 3-3 on accepting SEIU’s openers since the local classified union of MHUSD workers is seeking to decertify from SEIU;
—Approve a Memorandum of Understanding between MHUSD and the Charter School of Morgan Hill that includes a $130,000 payment to the district for oversight fees. The school board approved a five-year charter renewal for CSMH Sept. 29, 2015;
—Announcement of MHUSD students who were awarded with the Seal of Biliteracy;
—A presentation of MHUSD’s English Learner Master Plan; and
—A presentation of the district’s Summer School Plan.
