Charter high school moving forward amid legal challenge

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A new charter high school is scheduled to open in August amid an ongoing legal challenge by the San Benito High School District.

On March 3, the district appealed a local judge’s decision that affirmed San Benito County Office of Education’s 2023 approval of the San Benito County Polytechnic Academy. 

San Benito County Superior Court Judge Omar Rodriguez, in a December 2024 decision, said the office of education complied with the educational code in reviewing the charter school’s application and subsequent approval.

Polytechnic Academy Principal Nicole Prator said the school district’s new appeal will not delay the charter school’s plan to begin classes in August. She said the board had no further comment on the case.

In an April 3 news release, the school district said it sued the office of education over its “improper approval” of the charter school. 

“The issues in this suit are complex and nuanced and the district looks forward to a careful examination of these important issues by the court of appeal,” the district said.

The district claims the charter school will have a negative impact on the district’s most vulnerable students by redirecting resources that would otherwise have gone to Hollister High School and that, though it was approved to serve students countywide, the academy will only operate in Hollister.

“The impact on local school districts should and must be considered when decisions are made to approve or deny a new public charter school,” the district said.

The charter school is open to all high school students in the county. Polytechnic Academy Board President Ariel Hurtado told BenitoLink in July 2023 that the school will reach out to “disconnected and low-achieving students, giving them extra support early so that they can succeed academically and personally.” 

The office of education said in a news release that the school district did not notify them that it would appeal or attempted to resolve “any outstanding issues without further litigation.”

“It is unfortunate that the district has chosen to continue wasting precious public funding in order to deny learning opportunities to students,” the office of education said. “The county Board of Education stands ready to defend its lawful operations and preserve the educational rights of students and families across San Benito County.”

Though the high school district was the only one to sue over the approval, Aromas San Juan-Unified School District and two teachers unions also opposed Polytechnic Academy, saying it would duplicate existing services in the county and divert funds from local schools.

The Sixth District Court of Appeal will review the case. 

Meanwhile, the office of education and Polytechnic Academy filed a motion to recover attorneys fees associated with the case totaling $347,000. It is common for a judge to postpone additional motions of an appealed case until the appellate court makes a decision.

The office of education is seeking $154,933 and Polytechnic Academy is seeking $192,051. 

In the news release, the office of education said the appeal “continues the unnecessary and wasteful litigation” efforts by the high school district.

“The district’s decision, again, requires the county Board of Education to spend time and money on legal services-resources that otherwise would be used for students and educators in San Benito County schools,” it said.

The high school district, which is facing student overcapacity at the Hollister High School, didn’t say how much it has spent on the case. It previously told BenitoLink it had spent about $68,000 through September 2024. 

The hearing for the attorney’s fees is scheduled for June 2 at 10:30 a.m. at San Benito County Superior Court. 

As the legal battles play out, Polytechnic Academy is moving into the Briggs Building in downtown Hollister, which housed Gavilan College from 1997 until its relocation to a new campus this year. The academy’s lease with the city expires in June 2027. 

For its first year, the school’s goal is to serve up to 200 students. It plans to increase capacity to 350 students in its second year and to 500 in its third year.

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