Academy Obtains a Stay in Administrative Hearing School Will Remain Open Past June 30, 2010
Academy Must Still Prove Its Performance Record to SBOE
Most of the time when an august body makes a hurtful decision impacting a small subordinate body, there is a shrug and a comment such as “that’s life.” So when a State Board of Education member told those representing the Academy of Moore County who were attempting to put current academic information into their charter renewal discussion to “Sit down and shut up,” she clearly anticipated no push back.
When the same person made the motion to deny the renewal, she probably thought that was the end of it. After all the State Board of Education is an appointed body clearly at the top of the education pecking order. Their decisions are above review, the state’s legal team implied.
So why did the legislators write an appeal process into the law if they didn’t anticipate conflict that is better solved by third party participation?
The Raleigh bureaucrats did not reckon with The Academy of Moore County, its Directors, Staff and supporters. They did not reckon with the expertise of the Shanahan Law Group who believed the school had been denied a fair opportunity to make their case for a renewal of their charter.
Shanahan filed a Petition for Contested Case Hearing as provided by NC General Statute §153B-23 appeal on behalf of the Academy on April 30, 2010-sixty days before the charter would expire. The case was expedited; past mediation and into the courtroom of Administrative Law Judge Fred Morrison for hearing on June 6th at 9 AM.
A team of lawyers from the North Carolina Department of Justice headed by Assistant Attorney General Laura E. Crumpler were there to argue that the decision by the SBOE was not arbitrary and capricious; and further that the school had been given proper due process.
Shanahan put Principal Allyson Schoen on the witness stand for a factual review of the events. The witness acknowledged the school’s poor performance and the need to create and execute a “Corrective Action Plan” to improve the academic performance of the students.
The Plan was written and filed with the Office of Charter Schools in early October 2008. It was immediately accepted by that Office. The witness described milestones of the plan and when asked by Shanahan, “Do you believe you have complied with the Corrective Action Plan?” Schoen replied, “Absolutely!”
Then it was the SBOE’s turn and the first witness for the state was Betsy West, Assistant Executive Director. She spoke to standard operating processes and the means by which information flows to members of the State Board. The implication was that the Board was well informed and “must have had” all relative information. On cross examination Shanahan referred to a committee meeting at which the critical decision of non-renewal may have been made. “Were you at that meeting,” Shanahan asked the witness? The response was “No.” Testimony about the content of that meeting was hearsay.
When the same person made the motion to deny the renewal, she probably thought that was the end of it. After all the State Board of Education is an appointed body clearly at the top of the education pecking order. Their decisions are above review, the state’s legal team implied.
So why did the legislators write an appeal process into the law if they didn’t anticipate conflict that is better solved by third party participation?
The Raleigh bureaucrats did not reckon with The Academy of Moore County, its Directors, Staff and supporters. They did not reckon with the expertise of the Shanahan Law Group who believed the school had been denied a fair opportunity to make their case for a renewal of their charter.
Shanahan filed a Petition for Contested Case Hearing as provided by NC General Statute §153B-23 appeal on behalf of the Academy on April 30, 2010-sixty days before the charter would expire. The case was expedited; past mediation and into the courtroom of Administrative Law Judge Fred Morrison for hearing on June 6th at 9 AM.
A team of lawyers from the North Carolina Department of Justice headed by Assistant Attorney General Laura E. Crumpler were there to argue that the decision by the SBOE was not arbitrary and capricious; and further that the school had been given proper due process.
Shanahan put Principal Allyson Schoen on the witness stand for a factual review of the events. The witness acknowledged the school’s poor performance and the need to create and execute a “Corrective Action Plan” to improve the academic performance of the students.
The Plan was written and filed with the Office of Charter Schools in early October 2008. It was immediately accepted by that Office. The witness described milestones of the plan and when asked by Shanahan, “Do you believe you have complied with the Corrective Action Plan?” Schoen replied, “Absolutely!”
Then it was the SBOE’s turn and the first witness for the state was Betsy West, Assistant Executive Director. She spoke to standard operating processes and the means by which information flows to members of the State Board. The implication was that the Board was well informed and “must have had” all relative information. On cross examination Shanahan referred to a committee meeting at which the critical decision of non-renewal may have been made. “Were you at that meeting,” Shanahan asked the witness? The response was “No.” Testimony about the content of that meeting was hearsay.
By Walter B Bull Jr
Then the state presented Jack Moyer, a former principal of the Academy, who currently serves as Director of Charter Schools. Moyer went through the function of his office, his interaction with the Academy, action recommendations made by his group to the Board and then pointed out that the SBOE often ignored the advice given by staff and made its own decisions for reasons only known to them.
The state then presented Ms Jean Kruft, a consultant who is responsible for charter renewals. There was some testimony about two corrective action plans in place at the Academy, and another quantity of testimony that could only be recalled by a careful reading of the transcripts at a later time. Judge Morrison was unmoved by the state’s case and prodded Ms. Crumpler to tell him how many more witnesses she wanted to present and what they intended to testify about. Waiting to testify were former employees who had been fired for cause. The State wanted to try the case in a Petition Hearing for a Stay.
Judge Morrison had listened carefully as the state attempted to prove that the process was fair to the Academy by means of staff testimony using a discussion of procedures to try and prove bedrock facts. The staff pointed out over and over the success in implementing the Corrective Action Plan was no guarantee that the charter would be renewed. It was a Board decision and Judge Morrison was clearly looking for some direct testimony from the SBOE decision makers. Apparently, no member of the SBOE was prepared to testify.
The state then presented Ms Jean Kruft, a consultant who is responsible for charter renewals. There was some testimony about two corrective action plans in place at the Academy, and another quantity of testimony that could only be recalled by a careful reading of the transcripts at a later time. Judge Morrison was unmoved by the state’s case and prodded Ms. Crumpler to tell him how many more witnesses she wanted to present and what they intended to testify about. Waiting to testify were former employees who had been fired for cause. The State wanted to try the case in a Petition Hearing for a Stay.
Judge Morrison had listened carefully as the state attempted to prove that the process was fair to the Academy by means of staff testimony using a discussion of procedures to try and prove bedrock facts. The staff pointed out over and over the success in implementing the Corrective Action Plan was no guarantee that the charter would be renewed. It was a Board decision and Judge Morrison was clearly looking for some direct testimony from the SBOE decision makers. Apparently, no member of the SBOE was prepared to testify.
Take a Minute to look at the dialog between Judge Morrison and the State
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Listen to the State's position on the SBOE authority and then listen to Judge Morrison.
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