4/23/09
The Española Military Academy Board of Governors has finally waved a white flag of surrender.
The Board has dropped its state District Court appeal of the revocation of its charter, Board President Patrick Trujillo said. Trujillo said the Academy will send a letter to state Education Secretary Veronica Garcia indicating the school’s intention to drop the appeal. Trujillo said the letter would be sent “shortly” but did not indicate the specific date.
Garcia had denied the Academy’s first appeal after the state Public Education Commission revoked the school’s license in December 2008.
“The secretary, the process by the (state Education Department), is absolutely against charter schools in the processing of these issues,” Trujillo said. “And it’s totally unfair, actually.”
Trujillo said there were two main issues behind dropping the appeal.
First, he said if the Academy moved forward with the appeal, then the hearing would fall sometime in July. Trujillo said that hearing date would be scheduled after the Academy ceases to exist as a legal entity.
“Problem number two, if we were to go ahead with the appeal, the decision by the court could be rendered sometime in August,” Trujillo said. “So we would leave, kids, teachers and employees in limbo.”
Calls placed to Garcia and Judge Daniel Sanchez were not returned. Sanchez was assigned to the appeal.
Garcia said earlier this month that she does not comment on ongoing litigation.
The Commission revoked the Academy’s charter on the grounds that it made material violations to its own charter and failed to make academic progress during its four years as a secondary school.
Garcia denied the Academy’s appeal March 4 for several reasons including those stated by the Commission.
In her letter to the Academy, Garcia stated that her main reason was the school was not making minimal progress in standardized testing for the past three years.
The Academy had appealed Garcia’s denial to the state District Court but dropped the case before any hearings were held.
Trujillo said the chances for further litigation were over.
A joint committee of Española School District and Academy officials is currently working on keeping the school alive but not as a charter school.
Española School Board Vice President Joann Salazar said the Academy will be absorbed into the District and possibly be turned into a magnet or an alternative school.