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More than $210,000 was spent on legal fees in connection with a lawsuit challenging the approval of a charter high school. The suit was brought by the San Benito High School District against the San Benito County Office of Education.
San Benito County Superintendent of Schools Krystal Lomanto said that taxpayer money should have been spent on students and educational services instead.
“What saddens me about this case is the fact that it was completely unnecessary, as the law was always clearly in support of the Board of Education’s decision,” Lomanto said in a statement released after an Oct. 21 court hearing. “As a result of this case, our county office has been forced to spend hundreds of thousands of dollars that should have been invested into supporting our work, our students and families and not defending a frivolous case.”
At that hearing, San Benito County Superior Court Judge Omar Rodriguez denied the high school district’s petition to reverse the office of education board’s approval of San Benito County Polytechnic Academy. He said the office of education complied with state law in reviewing the charter school’s application and approval.
That office reports spending $143,493.17 in litigation costs and $66,930.65 in public records requests from the high school district.
The district has spent about $68,000 through September, according to a statement provided by Public Information Officer Adam Breen. The district said it pursued the lawsuit in order to shine a light on the lack of “depth” and “experience” possessed by the polytechnic academy, and felt these facts were ignored by the county office of education.
“The district would have rather spent its funds on other needs, too,” the statement reads. “But we considered this lawsuit to be not only a worthwhile investment to ensure local students have access to the best educational options for their future, but also part of our duty as experienced educational leaders in San Benito County.”
Adding to the case’s litigation costs,the polytechnic academy spent $136,982.71, according to its president Ariel Hurtado. These are not public funds as the school has not received any, the school said.
As to the status of the charter school, Hurtado said they are working on securing a facility. He said he anticipates the school will open in fall 2025, a year later than originally planned.
According to its agendas, the academy’s board has held closed session meetings regarding negotiations for properties on 172 Mccloskey Road and 790 Bolsa Road in Hollister. The board holds public meetings at the Bolsa Road property.
While a ruling on the case was made on Oct. 21, it isn’t over, as the high school district contemplates an appeal. On the other hand, both the office of education and polytechnic academy told BenitoLink their respective boards will discuss whether to ask the court to award them legal costs. If successful, the court would require the high school district to pay for a portion or all of their attorney costs related to the case.
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