From the Office of Associate Superintendent, Stephanie Anello in collaboration with Louie Rocha, Principal Antioch High School and Kenneth Gardner, Principal Deer Valley High School
The Antioch Unified School District is once again forced to respond to misinformation from the petitioners attempting to convert Dozier-Libbey Medical High School (DLMHS) to an Independent Charter School. On Friday, April 4, after the Superior Court denied the petitioner’s request for a Temporary Restraining Order (TRO), inaccurate information was sent to parents and media through a press release. The District wishes to respond to this misinformation:
Misinformation #1:
The petitioners’ press release states that the Dozier Independent Charter Petitioners, “won a small victory in the Superior Court of Contra Costa County when the Honorable Judge Laurel Brady agreed that demands being made by the Antioch Unified School District (AUSD), with the regard to a questionable counter charter proposal, were unreasonable.”
Fact:
On Thursday April 03, 2014, the conversion petitioners’ lawyers with barely 24-hours’ notice to the District filed for a TRO against the District and Associate Superintendent Stephanie Anello and Superintendent Dr. Donald Gill.
The petitioners sought to restrain the Dozier–Libbey Medical High School-Dependent Charter School (DLMHS-DCS) from using the name Dozier-Libbey, and from enrolling students and hiring staff to work at the lawfully approved dependent charter school.
The application for the TRO was heard on Friday, April 04, 2014 at the Superior Court of Contra Costa County in Martinez. The Honorable Judge Laurel Brady refused to grant the TRO, due to her need for more time to review the “complexity” of the case, and instead postponed the matter to a full hearing on April 28, 2014
Until the hearing, the Judge requested the District extend the deadline for students and staff to express interest in attending and working at the new dependent charter school until April 28, 2014.
The District agreed to do so. At no time did the judge say that the Dependent Charter was “unreasonable” in its effort to launch this new start-up charter. The Judge also confirmed DLMHS-DCS is not restrained from continuing with its activities.
Misinformation #2:
The petitioners’ press release states, “The process to convert the Dozier Libbey into a public charter school was greatly confused last month, apparently deliberately so, when the district filed and approved its own petition to convert the high-performing medical pathway school into a district-dependent charter school, immediately after denying the original independent charter petition submitted by the faculty of Dozier Libbey Medical High School.”
Fact:
The District has not and will not deliberately confuse our parents and staff! The fact that the petitioners met in secret without involving students, parents, and the community in their plans is what caused confusion. Continued misleading information such as the press release sent out on Friday April 4th continues to confuse students, their parents, and the community.
Misinformation #3:
The petitioners’ press release states, “The legality of the district’s petition is highly suspect as the district was unable to obtain a single signature from Dozier Libbey faculty (California Ed Code requires concurrence of 50% of the current teachers plus one). A preliminary injunction request has been filed with the court against AUSD on behalf of the students, parents, and faculty of Dozier Libbey Medical High School, the hearing for which is set on April 28th.”
Fact:
The DLMHS-DCS petitioners did not file a ‘conversion’ charter petition, they filed a “start-up charter petition” to form a charter school that supports and enhances the current DLMHS. The teacher signature requirements for a “start-up” petition are different in that they may be signed by any teacher “meaningfully interested” in working at the school. It is interesting to note that the dependent charter petition contained 127 teacher signatures “meaningfully interested” in working at the school–nearly six times the number of signatures in support of the independent, conversion charter petition.
Misinformation #4:
The petitioners’ press release states, “Pending this hearing, the judge has ordered the district to withdraw its demand that parents enroll their children in the district’s dependent charter by April 7. The district has repeatedly admonished parents that in failing to do so parents will risk losing their spot at the school next year. The judge further ordered that the district withdraw its demand that Dozier Libbey teachers commit to employment at the district dependent charter by the close of business today, or risk termination.”
Fact:
Judge Brady did not order the District to withdraw any “demand.” Rather, Judge Brady extended the time frame for students to express interest in enrolling in the new DLMHS-DCS. She never used the words “rescind” or “withdraw”. She asked the District to extend the deadline and the District agreed.
Following the approval of the new DLMHS-DCS, parents and community members currently enrolled at DLMHS continued to ask for assurances that their children could attend the new DLMHS-DCS. The District sent out a letter to these parents first granting them a spot if they so choose. Starting a new school takes a lot of planning and hiring so knowing how many students would enroll in the new school was a crucial and necessary first step.
Additionally, the District sent out a letter to current DLMHS staff asking if they would be interested in working at the new start-up DLMHS-DCS prior to opening the positions for transfer according to the Antioch Education Association (AEA) bargaining contract. At no time were staff told they would be terminated. Proponents of the independent charter appear to have misinformed students and parents.
Misinformation #5:
The petitioners’ press release states, “Although the district’s charter was initially described in public hearing as a new start–up charter, AUSD has since announced via social media that its charter will replace the current Dozier Libbey Medical High School. The district has not yet provided legal justification for how it would accomplish what would appear to be a clear violation of both California Education Code and the Charter School Act of 1992.”
Fact:
The District has not announced via social media that the DLMHS-DCS would replace DLMHS. DLMHS-DCS will enhance and support the current curriculum and supports provided by DLMHS. Once the community advisory committee comprised of parents, community, and staff is established, enhancements such as a dual immersion medical courses, an opportunity for students to receive a seal of bi-literacy, or a middle college opportunity will be discussed.
Misinformation #6:
The petitioners’ press release states, “Supporters of the Dozier-Libbey believe that the court, like much of the Antioch community, will take a dim view of the school district’s attempt, with great expenditure of public funds, to confuse the issue of the school’s legal conversion to a public charter school.”
Fact:
The community has voiced little to no support for the independent, conversion charter petition submitted by the 23 Dozier Libbey Medical High School teachers. In fact, at the public hearing before the Board of Education on March 19, 2014, parents and community members expressed their overwhelming disapproval of the petition to convert DLMHS into an independent charter school.
The petitioners’ press release did get one thing right —the District has been forced to use money and resources that should be going to 18,000 students in order to respond to the unsupported and unnecessary actions of 23 petitioners.
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Following is the complete press release from the teachers organizing the Dozier-Libbey independent charter conversion:
Antioch Unified School District Ordered to Rescind Dependent Charter Deadlines
Martinez, CA – April 4, 2014 – This morning the students, parents, and teachers of Dozier-Libbey Medical High School, fighting to convert their school to an independent public charter school, won a small victory in the Superior Court of Contra Costa County when the Honorable Judge Laurel Brady agreed that demands being made by the Antioch Unified School District (AUSD), with regard to a questionable counter charter proposal, were unreasonable.
The process to convert Dozier-Libbey into a public charter school was greatly confused last month, apparently deliberately so, when the district filed and approved its own petition to convert the high-performing medical pathway school into a district-dependent charter school, immediately after denying the original independent charter petition submitted by the faculty of Dozier-Libbey. The legality of the district’s petition is highly suspect, as the district was unable to obtain a single signature from Dozier-Libbey faculty (California Ed Code requires concurrence of 50% of the current teachers plus one). A preliminary injunction request has been filed with the court against AUSD on behalf of the students, parents, and faculty of Dozier-Libbey Medical High School , the hearing for which is set on April 28th.
Pending this hearing, the judge has ordered the district to withdraw its demand that parents enroll their children in the district’s dependent charter by April 7. The district has repeatedly admonished parents that in failing to do so parents will risk losing their spot at the school next year. The judge further ordered that the district withdraw its demand that Dozier-Libbey teachers commit to employment at the district dependent charter by the close of business today, or risk termination.
The teachers of Dozier-Libbey filed a petition last February, in accordance with the charter schools section of the California Education Code, to convert their school to a public charter governed by a school board that would be independent of AUSD’s board of trustees. The teachers’ 121-page petition presents a strong case for significantly improving academic programs and fiscal management at this respected pathway school, however AUSD denied the petition last month, prompting teachers to file an appeal with the Contra Costa County Board of Education. The school district took the additional step of approving its own charter petition for Dozier-Libbey that would leave the school under the governing authority of the AUSD board. Although the district’s charter was initially described in public hearing as a new start-up charter, AUSD has since announced via social media that its charter will replace the current Dozier-Libbey Medical High School . The district has not yet provided legal justification for how it would accomplish what would appear to be a clear violation of both California Education Code and the Charter School Act of 1992.
Supporters of Dozier-Libbey believe that the court, like much of the Antioch community, will take a dim view of the school district’s attempt, with great expenditure of public funds, to confuse the issue of the school’s legal conversion to a public charter school.
The case pending before the Contra Costa Superior Court is Dozier-Libbey Medical High School et al. v. Antioch Unified School District, et al. (Case No. CIVMSN14-0453). A ruling is scheduled for 9:00am on April 28th. Updated information can be found online at DozierLibbeyCharter.com.