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Judge Asks Einstein Academy To Seek New Approval For Charter

Ed. note: This is a breaking story and more information will be posted as it becomes available.

A judge Thursday ordered Einstein Academy to seek a new charter petition from the Acton Agua Dulce Unified School District, officials said.

Officials on both sides claimed a win, with both Newhall School District and Einstein Academy officials happy with the move.

“We are pleased to learn of the court’s decision today to rule in favor of the Newhall School District and declare us the prevailing party in our lawsuit against the Acton Agua Dulce Unified School District (AADUSD) and the Albert Einstein Academy for Letters, Arts and Sciences (AEALAS), finding that both parties failed to comply with state Education Code sections 47605 and 47605.1, and vacating the elementary charter granted to AEALAS extraterritorially in the Newhall School District jurisdiction,” according to a statement from Newhall governing board President Brian Walters. “The judge recognized that both AADUSD and AEALAS are willfully violating the law and are holding them accountable for it.”

The decision wouldn’t affect the school’s current or future operations, said Einstein Academy Executive Director Jeffrey Shapiro.

“There will be no interrupiton of the school’s operations,” Shapiro said. “It will continue to operate for the foreseeable future.”

The judge was actually recognizing “a procedural error,” he added, but the judge acknowledged the validity of the AEALAS’ need to operate outside of the district.

Related: Newhall School District Files Lawsuit Over AADUSD Einstein Academy Approvals

Newhall officials sued AADUSD and Einstein Academy in June regarding that district’s May 2013 approval of Einstein Academy’s charter for a site thought to be in the Saugus Union School District boundaries. That site was later changed to a school site previously owned by Pinecrest in the Newhall School District.

Newhall School District officials, as well as those of all five other district leaders, have found problems with Acton Agua Dulce Unified School District’s charter school approvals for sites out of that district’s boundaries, according to a joint letter signed by five Santa Clarita Valley superintendents.

Newhall, Los Angeles Unified and Pasadena all filed suit against the Acton Agua Dulce Unified School District over claims regarding the district’s charter approvals.

The decision gives the school a chance to redo the petition process, Shapiro said.

The court directed us to submit a new charter before Feb. 5, and then when a new charter takes effect, then the existing charter will be set aside, he said.

A charter school is expected to prove a need to operate outside of a district’s boundaries in order for a district’s charter school approval for a site outside of its boundaries to be legitimate. A district is also required to notify the district responsible for the area of the new site.

Newhall school officials have challenged both contentions by Einstein Academy officials.

“I think what’s important about this is, is that by locating a charter school in another district’s boundaries, you’re invalidating the process by which the local community participates in the decision of whether there should be a charter school in that community,” said Sue Ann Evans, a partner in Dannis Woliver Kelley, the law firm representing the Newhall School District, in a previous interview.

An AADUSD board member denied the district conducted any violations of the law with respect to its charter school approvals.

When reached for comment about the suit in a previous interview, AADUSD board member Ed Porter maintained the charter petition approvals were done legally.

“We’re operating within the legal confines for charters schools set forth by the state,” Porter said.

Initial reports indicate the parties are to appear in court Oct. 30 to determine if additional actions pending by other school districts who are being represented by the same attorneys share enough common ground to be affected by Newhall ruling.

Several other school districts have sued the Acton Agua Dulce Unified School District due to a proliferation of charter school approvals, according to court documents.

The parties reportedly are ordered to appear on Feb. 13, 2015 with properly vetted and AADUSD board approved new charter agreement to avoid permanent revocation of AADUSD out of district boundary Einstein Elementary site.

Judge Asks Einstein Academy To Seek New Approval For Charter

6 comments

  1. The problem is the community asked for the charter school, and the power hungry board members voted against the community. I witnessed it 1st hand. Show me how many people in the community want to close AEA and kick these kids out of a school they love. The only people who do not want AEA here are the board members of the school district.

  2. I actually agree with Sue Ann Evens when she says:

    “I think what’s important about this is, is that by locating a charter school in another district’s boundaries, you’re invalidating the process by which the local community participates in the decision of whether there should be a charter school in that community,” said Sue Ann Evans, a partner in Dannis Woliver Kelley, the law firm representing the Newhall School District, in a previous interview.”

    She is correct that it is the local community that should determine if a charter school should be supported. There are many ways to accomplish this. First they could have a community vote instead of asking General Motors if Ford can exist. Another way would be based on ones track record. A viable system and program that exceeds the lowest scores within that area would provide means (especially if a district is on PI). The final and best way to do show a need is class size. If charters can provide smaller class sizes for less money, then it is the obligation of the government to make sure that happens.

    In conclusion, I agree with Sue Ann, her clients only skin in this game is their own performance and governance of the public trust as government employees.

  3. Einstein Academy has a waiting list of thousands. Parents are wanting a superior education for their kids than what the Newhall School District is providing. How much tax payer money are they wasting by filing suit, and hiring Dannis, Woliver & Kelley Law Firm? What’s the problem with choice and competition? The truth is, it’s not about choice, it’s about money and politicians beholden to unions and their own ideology. Why else would this ideology-driven bunch be working so hard to close this superior school? Wake up folks, the Newhall School Board members are elected officials, have a say with your vote next go-around. And pay special attention to who took part in passing SB 1263 … state and national elections matter as well.

  4. It is clear from the attempted “spin” on the ruling by the Newhall School District that this is purely a political issue. A fight by people who have no skin in the game. Why is this an issue still? AEA’s existence in Newhall doesn’t close any Newhall Schools and it doesn’t force anyone to go to Albert Einstein Academy…it gives parents more choices. This is a complete waste of time.

    Also, anyone who lives it the Santa Clarita Valley knows that there are no suitable facilities in AADUSD to house an expansion of Albert Einstein Academy, so the expansion was clearly within the Education Code. Its pretty barren out there.

    It’s been over a year now. Can Newhall spend its time and money on a more legitimate matter?

  5. The charter needs to be approved in the district the school is physically located in. If AEA would make the changes that SUSD is requesting, then their charter would be approved. Why doesn’t AEA publicly state why they have previously been denied?

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About Perry Smith

Perry Smith is a print and broadcast journalist who has won several awards for his focused, hyperlocal community coverage in several different regions of the country. In addition to five years of experience covering the Santa Clarita Valley, Smith, a San Fernando Valley native, has worked in newspapers and news websites in Los Angeles, the Northwest, the Central Valley and the South, before coming to KHTS in 2012. To contact Smith, email him at Perry@hometownstation.com.