n EDUCATION
self-appointed boards. Traditional public schools are run by WHO SHOULD AUTHORIZE
a school district, which is overseen by elected school board At the center of much of the turmoil around charter schools
members who appoint the superintendent.
— and calls for reform — is the competition for students
“We’ve had some abuses — some real egregious abuses — among charters and traditional schools. This is core to char-
in the past,” Garbolino-Mojica says. She references Tri-Valley ter schools’ intended purpose: A 1998 amendment to Califor-
Learning Corporation, authorized by the State Board of Edu- nia’s charter school law describes an intent to “[p]rovide vig-
cation after the Livermore district and Alameda County Office orous competition with the public school system to stimulate
of Education initially denied its request. Tri-Valley ran two continual improvements in all public schools.”
schools in Livermore, two in Stockton and one in San Diego. In
Jared Austin, founder and executive director of Kairos
2017, Tri-Valley was investigated for alleged conflicts of interest Public Schools in Vacaville, sees competition as a positive
among executives and diverting public funds. Tri-Valley had thing. Founded in 2014, Kairos now has nearly 600 students
established a charter management operation through which in transitional kindergarten through eighth grade, with 500
CEO William Batchelor, a former investment banker, created on campus and the rest in its homeschool program. (Its wait-
shell companies “to gain access to public taxpayer facility dol- list was 300 students in its first year.) “I think for schools, in
lars and purchase property that was converted to private own- general, competition is good because kids win,” Austin says.
ership,” according to an audit
“Whether a kid gets into Kai-
by the state’s Fiscal Crisis and
ros or they don’t, I do believe
Management Assistance Team.
all schools are stepping up
These purchases were
their game and doing innova-
made possible through two
tive things because they don’t
exempt bond issuances to-
want to lose their students.
taling more that $67 million.
So in a way, [competition has]
Batchelor was also accused
worked. But I also think it’s
of representing both sides of
created a lot of strain with
contracts and lease agree-
districts and authorizers.”
ments for his personal ben-
Charters
unavoidably
efit — as the seller of build-
draw students from the very
ings and the owner of land
school districts they rely
purchased by Tri-Valley using
upon for authorization. That’s
public bond money. “So we
a conflict of interest, Austin
have private individuals that
says. Districts may deny char-
are profiting off of charter
- Cindy Petersen,
ters because they don’t want
schools,” Garbolino-Mojica
to lose students and the corre-
superintendent/CEO, Gateway Community Charters
says. Tri-Valley subsequent-
sponding per-pupil funding.
ly filed for bankruptcy and
“It complicates things,”
closed its schools.
Austin says. “I think it would
Although many charter advocates support SB 126, they be better if charters were able to be authorized through city
remain wary of several other pieces of restrictive legislation councils or local community colleges, because city councils
that have been introduced in a climate of heightened tensions and local community colleges know the needs of their com-
from recent teacher strikes and rising pension costs. Teacher munities. They know what is needed for scholars to become
unions have accused charters of harming traditional public college and career-ready, but they’re also not our competi-
schools, and school districts express frustration that char- tion.” (County offices of education and the State Board of Ed-
ters don’t have to pay into pension plans like the districts do. ucation can also authorize charters if the petition has been
“We’ve had 16 years of two governors that were fairly denied at the local level.)
supportive, fairly positive and allowed the charter school
Through his role on the State’s Advisory Commission on
movement to progress,” Petersen says, noting how both Gov. Charter Schools, Austin helps review appeals for petitions
Brown and Gov. Arnold Schwarzenegger, who served for two denied at the district and county levels, ultimately making a
terms before him, were supportive of charter schools and recommendation to the State Board of Education. He’s seen
vetoed bills that imposed limitations on them. “It is quite a the competitive dynamic firsthand. “A school may be trying
shock after 16 years to see the position change as radically as to do right for the community, and their local district may
it has and as quickly as it has.”
be in financial hardship or may not be performing well, and
“We’ve had 16 years of two governors
that were fairly supportive, fairly
positive and allowed the charter
school movement to progress. It is
quite a shock ... to see the position
change as radically as it has and as
quickly as it has.”
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comstocksmag.com | April 2019