County threatens charter school

Some educators are stunned that the County of San Diego is trying to pull rank over the State of California when it comes to a school issue, but that is just what appears to be happening in the case of The New School, a charter school located at Main Avenue and Elder Street in Fallbrook. The county doesn’t view it as a public school because it is located outside of its sponsoring district, Vallecitos.

Legal counsel for the State of California Office of the Secretary of Education has stated, “For purposes of enforcement, it is our opinion that The New School should be treated as a public school. The fact that The New School is located outside its sponsoring school district does not affect its character as a public school.”

However, John Sansone, San Diego County Counsel, in a letter dated December 22, 2006, threatened The New School and property owners Chuck and Julie Reeder with a lawsuit he says will be filed on January 31 for being in violation of county zoning and regulatory ordinances unless one of the following occurs: 1.) the school vacates the property and all structures are brought into full compliance with the law; or (2) the school initiates the Major Use Permit process and all necessary inspections and permits are obtained for all structures.

“The New School is currently operating with more than 50 students, which requires a Major Use Permit,” Sansone wrote. “Also, there are various inspection and permitting issues with regard to the portable structure placed on the subject property for use as a classroom.” In a subsequent letter dated January 9, 2007, Sansone accused The New School of “[misunderstanding] the county’s role in assisting the school” and that school officials “have not operated with any sense of urgency in trying to find a new location for the school.”

Contrary to Sansone’s accusations, school director Sue Miller-Hurst says she and other school officials have been diligent in seeking a new location but have been unable to find one that is both affordable and suitable – including the two-acre parcel owned by the Vallecitos district.

In a recent meeting at the site, the parcel was deemed “unsuitable” by county authorities who deal with health and safety concerns. Due to a high water table on the property, a septic system is not feasible.

“We have looked at over 50 sites,” Miller-Hurst said. “We have had four or five Realtors and two commercial specialists looking for a place for us. Every time a property has come on the market that looked like it might work, or a piece of raw land came available, we looked at it, sometimes several times. The minute they find anything for lease, we check it out.”

Miller-Hurst says school officials tried to enlist the help of Ivan Holler, Deputy Chief of Planning and Land Use. Per his request, officials provided Holler with information on a specific property they were interested in on November 30, 2006. They are still waiting for a response.

“I have received a letter threatening the school, and me personally, with a lawsuit, yet critical questions have not been answered,” Miller-Hurst added.

The New School has occupied the property at 127 West Elder Street since 2004. Controversy erupted when a modular classroom was placed on the property in August of 2006. School representatives say they justifiably relied on the DPLU’s (Department of Planning and Land Use) statement that no permit was needed and Supervisor Horn’s statement that they should “stop asking.” Miller-Hurst says The New School was told that permits were not necessary and that the state had jurisdiction since it is a public school. “So, we went through the Department of School Architects for compliance.”

Julie Reeder says that what the law really is and which entity will make the ultimate decision is currently being debated by attorneys representing four factions: The New School, the county, the state and her.

“There is a lot more at stake here than appears on the surface,” Reeder said. “One concern is that if The New School files for a Major Use Permit, it might set precedent for the hundreds of other charter schools throughout the state who presently are considered public schools and may not need Major Use Permits.”

Miller-Hurst said the county has told her it will take at least 12 to 18 months to get a Major Use Permit – at an unidentified cost.

“No one is willing to hold the land while you are investigating that,” Miller-Hurst said. “As a school, we are not able to buy things with public money that has not been approved. I have a fiduciary responsibility. Right now we only have enough funds to lease a property.”

And, Miller-Hurst adds, the Elder Street property is far from her first choice.

“Elder Street is a property of necessity; we don’t desire the property and we had no intention of violating or challenging DPLU regulations. It’s just that we have nowhere else to go,” she said.

Meanwhile, this educator says she intends to keep her priorities straight while moving toward a solution.

“We need to focus on children and weigh community interest in the education of these children against all other issues,” she said.

Reeder says the county has presented a written offer that allows The New School to stay on the Elder Street property with the use of the modular building, provided the school files for a Major Use Permit for their next location. While this offer would have been acceptable to the Reeders, Miller-Hurst said that because a Major Use Permit requires a 12- to 18-month process, it “would have been a death warrant for the school.”