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San Benito High School District has filed a lawsuit against the San Benito County Board of Education and San Benito County Polytechnic Academy, alleging the board improperly approved the charter high school’s petition in October 2023. The district, which filed suit on Feb. 2, expressed disapproval of the charter school following a public hearing at the board of education in July 2023.
According to the complaint, the county board “erred” in approving the charter as a countywide charter school petition and engaged in a process lacking in transparency. The district said by approving the petition—suggesting the school would provide instructional services not generally provided by a county office of education—the board diverted approval from the school district.
The lawsuit states “all available evidence demonstrates that Polytechnic Academy could operate as effectively as a local district-authorized charter school—particularly given its intent to operate exclusively from a single location within a single school district.”
The district also alleges the board was “grasping at straws’ to justify the countywide approval.
The county board is also accused of not addressing conflicts of interest at its public hearing “inasmuch as one board member is related to an employee of the San Benito County Office of Education and another member is a board member of Hartnell College,” according to the lawsuit.
The high school district told BenitoLink in a statement that following a review of the plan proposed by the charter school petitioners, they found it “unlikely to be successful as a result of many shortcomings that demonstrate a lack of education expertise by proposed Charter School leaders.”
“We found it deficient in terms of its budget, its ability to adequately staff the program proposed, its ability to deliver on the promised dual enrollment program, and its ability to meet the needs of English learner and special education students, among many other items,” the statement said.
“It is unfortunate that SBHSD initiated this lawsuit,” County Superintendent of Schools Krystal Lomanto told BenitoLink. “SBHSD has opposed the Polytechnic Academy’s creation at every step in the approval process, the county board acted and will continue to act pursuant to its statutory authority for the best interests of students and families. We are confident the court will confirm that the San Benito County Board of Education’s approval of the Polytechnic Academy was within the Board’s statutory authority and processed in accordance with California Charter Schools Act.”
” data-medium-file=”https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?fit=300%2C225&ssl=1″ data-large-file=”https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?fit=780%2C585&ssl=1″ src=”https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550.jpg?resize=780%2C585&ssl=1″ alt=”San Benito High School District Superintendent Shawn Tennenbaum expressed his concerns over the impending approval of SBC Polytechnic Academy before the Board of Education in October 2023. Photo by Jenny Mendolla Arbizu. ” class=”wp-image-88465″ srcset=”https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=1024%2C768&ssl=1 1024w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=300%2C225&ssl=1 300w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=768%2C576&ssl=1 768w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=1536%2C1152&ssl=1 1536w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=2048%2C1536&ssl=1 2048w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=1200%2C900&ssl=1 1200w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=800%2C600&ssl=1 800w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=600%2C450&ssl=1 600w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=400%2C300&ssl=1 400w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=200%2C150&ssl=1 200w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=1568%2C1176&ssl=1 1568w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?resize=706%2C530&ssl=1 706w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-scaled.jpg?w=2340&ssl=1 2340w, https://i0.wp.com/benitolink.com/wp-content/uploads/2023/10/IMG_8550-1024×768.jpg?w=370&ssl=1 370w” sizes=”(max-width: 780px) 100vw, 780px”>
SBCPA Board President Ariel Hurtado told BenitoLink the lawsuit is a “really sad state of affairs.”
“It is a huge waste of money and resources that can go to the students,” he said. “One public entity is using taxpayer dollars to sue another taxpayer entity, which is going to use taxpayer dollars to defend itself. They do not have a case at all, the purpose of their lawsuit is to slow down progress and not have competition.”
Hurtado said a location for the charter school is being refurbished and will be ready by Aug. 1, the start of the 2024-25 school year. He said a permanent location is expected to be ready by 2026. A lottery for the academy’s 500 spots was held March 1, which Hurtado said filled 90% of the available spots.
“We are open to all students including incoming 10th, 11th, and 12th graders,” he said.
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