Today's appeal hearing centered on six issues: two contained in the approval resolution dealing with enrollment and four contractual issues. The four contractual issues were 1) the district requirement that they approve any financial auditor the charter school wanted to use, 2) the requirement of additional audits and/or reports, 3) the district's insistence that they could rescind waiver of district policy from the charter school at any time, and 4) the district's stipulation that they be able to approve any staff hired by the charter school.
The district claimed the four contractual issues were not relevant to the appeal hearing and should have been dismissed because they weren't "ripe" yet because negotiations broke down after the first meeting and no contract was ever signed. The charter school stated there had been a "gross imposition of conditions," a reference to the statute that pertains to a charter school having to comply with unreasonable contract provisions.
Barry Arrington, counsel for the charter school, said contract negotiations broke down when the district refused to negotiate. Charter school founder Dr. Ken Rooks said that the district had simply said they'd "negotiate to impasse" if the charter school leaders didn't agree to the contract terms set forth by the district, which is another way to acknowledge that the district holds all the cards in a charter school contract negotiation and doesn't need to open a new charter school.
In it's deliberation comments and in the resolution to support the charter school's claims, the State Board specifically addressed five of the issues and said the sixth seemed to be close to resolution by the parties and didn't need to be included. The charter school's founders said they planned to use only Highly Qualified or appropriately licensed staff and so if they were able to have complete autonomy over hiring, they would agree to more clear language addressing the district's concerns that staff be appropriately identified as Highly Qualified.
The two enrollment provisions in the hearing were the district's requirement that the charter school must have 80% of each grade's enrollment by March 1st in order to keep its charter and that 70% had to be from the Adams 12 School District. The charter school said they'd agree to 80% aggregate enrollment by March 1st since that was a reasonable expectation. As to the other provision, they cited state law that says a charter school must have a majority of its students from the district or a contiguous district and said they were willing to give priority to in-district students.
More than one State Board member noted the angst between the two parties that was evident during the hearing and expressed hopes that the two parties would be able to resolve their differences.