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On Oct. 21, San Benito County Superior Court Judge Omar Rodriguez denied San Benito High School’s petition to reverse the approval of the San Benito County Polytechnic Academy.
Rodriguez said the San Benito County Office of Education complied with the educational code in reviewing the charter school’s application and approval. Board President Lee Ann Britt read a statement to BenitoLink saying the county’s children and families were the beneficiaries of the decision,
“Parents were not stripped of their right to choose the best academic pathway for their children,” Britt said. “As a school board, we value the parent’s right to choose.”
Britt, Superintendent of Schools Krystal Lomanto and office of education staff were among 20 people who attended the court hearing.
“We are pleased with today’s ruling and are grateful for the opportunity to open Polytechnic Academy,” said Dr. Ariel Hurtado, Polytechnic Academy co-founder and board chair, via email.
Adam Breen, San Benito High School District’s public information officer, provided a statement that said the district was disappointed with the decision and that it is evaluating all options, including an appeal.
“This suit was initiated by San Benito High School District as the Polytechnic Academy countywide charter petition did not meet the legal standards under the Charter Schools Act,” the district’s statement reads. The Charter Schools Act is a state law passed in 1992.
Arguments in the hearing centered on the criteria to approve a district charter school versus a county-wide charter school. Polytechnic Academy was approved as the latter.
In its arguments for the San Benito High School District, attorney Keith Yeomans said Polytechnic Academy had not met additional requirements for county-wide charter schools established by the state.
“Interest to serve all students is not enough,” he said.
He argued law requires charter schools to serve all interested students regardless of where they live, thus pursuit of a county-wide structure was “insufficient.” He added San Benito High School serves 93% of high school students while San Juan Aromas Unified School District serves the rest.
“Single-site schools are permitted but are harder to justify because they can’t operate as well as normal charter districts,” Yeomans said.
Michael Davis, attorney for the San Benito Office of Education, said Polytechnic Academy met all the requirements and offered services not provided by the office of education.
“The law allows establishing schools to increase opportunity in learning and use different teaching methods,” he said, adding that this is meant to expand choices within the public system and create competition.
Kaela Haydu, attorney representing Polytechnic Academy said in her arguments San Benito High School District was trying to stymie competition.
“Polytechnic Academy is trying to meet the many needs in the community with experienced educators,” she said.
San Benito High School District said its motivation is not to deny families the ability to choose alternative education.
“Instead, it was motivated by a desire to make sure that families could choose from among quality options within our county,” the statement reads.
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