Tuesday, January 29, 2013

THE DISTRICT IS 100% FALSE ON THE LAW


Dear PARENTS AND TEACHERS OF K8 CENTER,

I am very disturbed to know that individuals continue to forward information that is simply not true. Everyone has a responsibility to learn the facts and share them in an intelligent manner.

The attached highlighted quotes are scare tactics by the District similar to the tactics previously used by them to intimidate any parents or teachers who simply request the right to choose as free Americans!

People have been falsely claiming that Mr. Cambo will profit from the rebuilding of the school.  This is a lie.  Mr. Cambo cares deeply about this community and the educational well being of the Village children.  It is a shame that people must resort to personal attacks to avoid discussing the issues.

We should all stand up and support Mr Cambo who is solely driven by providing your children with a new building for your currently unsafe and dilapidated school which is not up to code
!

We have proposed a 7 member finance committee made up of Village residents.  These persons will make sure that no one profits from our children.  Additionally, it is the School District that will be in charge of choosing the contractor and issuing the payments to the contractor.  Once again there is no way that Mr. Cambo or anyone in his family can profit.  It is silly and irresponsible that people continue to repeat the lie that Mr. Cambo will profit.  He will not.  All of the below information has been covered by the Islander in several articles.  Yet no one seems to read these articles and that is unfortunate. They should.  

If the parents and teachers vote yes to convert the school to charter, there is no law in Florida that will require the School District to prevent 350 children from attending the K-8 Center.  This information that District is putting out is 100% false.  There will be no lottery.  The charter will provide that any resident of the Village will be entitled to attend the K-8 Center - the same as it is now.  There is no application process.  There is a registration the first time a child is enrolled - the same as it is now.  

The law in Florida requires the School Board to treat a charter conversion the same as a District operated school.  

Fla. Stat. s. 1002.33(18)(a) states that any “local governing authority must treat charter schools equitably in comparison to similar requirements, restrictions, and processes imposed upon public schools that are not charter schools.” The phrase local governing authority includes the School Board.  In other words, if the School District can operate the school beyond its capacity, then the non-profit charter conversion can also operate it beyond its capacity. This is the law.  

The entire purpose for calling for a “yes” vote is to rebuild a new school that can accommodate 1800 students.  

At the present time, the District operates the K-8 Center with 1330 students – and has been operating the K-8 Center in its overcrowded capacity for a number of years.  It is the District’s position that so long as they are operating the school that the District is allowed to operate it beyond it capacity. However, once it is converted then the law (the District of course refuses to cite to any laws)  compels them to remove 350 students. How convenient and, quite frankly, absurd.  There is no law that will prevent 350 students from attending the new non-profit charter school.  That is a fact.

We have conferred with regulatory officials in Tallahassee.  If the parents and teachers vote “yes” for conversion, there is no specific law that would prevent the current 1330 students from continuing to attend the K-8 Center while the school is rebuilt.  If, after a “yes” vote, the District begins to take steps to stop 350 students from attending the K-8 Center, then that is something that they are doing “on their own” and is not something that is being required by any regulatory officials.  This is simply a scare tactic - like the one the District employed at Neva King Cooper last year.  

In February 2012, the Principal and Assistant Principal of Neva King Cooper, a special needs school in Homestead sent a letter to District asking for a vote to convert their school to charter. Four months later, the Principal was demoted to the mailroom and the Assistant Principal was demoted to the motor pool. It was alleged by District administrators that they were intimidating and coercing the teachers to vote yes. Both the Principal and Assistant Principal filed complaints with the Florida Department of Education for unlawful retaliation. 

The Inspector General’s Office of the Department conducted an investigation that was completed in November 2012. The Report was sent to the District to provide them with 60 days to comment on the findings of the Report. The Report has 2 main findings, or what it calls “summaries:” (1) “all employees interviewed stated that neither Fernandez (Principal) nor Cristobol (Assistant Principal) threatened or intimidated them regarding the charter conversion issue,” and (2) “when each of the employees were asked if they felt threatened or intimidated by District administrators being assigned to (Neva King Cooper) daily, many of the employees stated that the District presence made daily operations uncomfortable.” The Report recounts how numerous District employees had descended on the school in order “to help” teachers during the run up to the vote.

The District never held the vote after the demotions. 
How interesting and convenient.

What is important for parents and teachers at our K-8 Center to know is that the District is wrong on the law - and that all of the children currently enrolled at the K-8 Center will continue to attend the school.  

Now is the time. Get the facts. Vote yes on charter for the future of our children!!

Hector Ceballos

10 comments:

  1. Dear Mr. Ceballos,

    I believe the District's assertion that not all current KBCS students will be able to attend the proposed charter school is based on Florida Statute Section 1002.33(10), which sets out the eligibility requirements for enrollment in a charter school. Subclause (b) of such section states:
    “(b) The charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all applicants shall have an equal chance of being admitted through a random selection process.”
    A plain reading of such section would mean that a charter KB school is limited by the building's capacity. If there are more applicants than available spots, then a “random selection process” with “equal chance” for all applicants will be employed. I believe that such process is effectively a “lottery.”
    Therefore, if there are over 1300 students at KBCS before conversion and the building effectively holds 950, then at least 350 students will NOT be able to attend a charter school in the same building. The 950 students who will be able to attend the charter school will be selected by a lottery.
    You have cited Florida Statute Section 1002.33(18)(a) and have interpreted this section as permitting overcapacity of a conversion charter school because the current public school is currently at overcapacity. Furthermore, you conclude that “local governing authority includes the School Board.” I am not sure this is a correct interpretation of the statute. Section 1002.33(18) deals with the facilities of charter schools. The “local governing authority” referred to in such section is the governing authority issuing and enforcing building codes, which is not the school board. What Section 1002.33(18) is really saying is that the building code cannot discriminate between regular schools and charter schools. This section does not change the eligibility requirements set out in Section 1002.33(10).
    Has legal counsel been engaged to prepare a legal opinion addressing how the charter school will comply with Section 1002.33(10) and still permit all KBCS students to attend? Pursuant to what judicial decision or regulation do you base the conclusion that Section 1002.33(18) will permit over enrollment?

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    1. The capacity of the program is dictated by the current overcrowding of 1330 students with a projected growth rate of 3 to 4 percent each year pursuant to the District's own projections. The conversion is entitled as a matter of law to continue at the same levels.

      The local governing authority includes the School Board without question.

      Jorge L. Cruz-Bustillo, attorney for Mr. Cambo and Mr. Ceballos.

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  2. Mr. Cruz-Bustillo, please provide proper citation to authority for your assertions. Pursuant to what statute, regulation or court ruling do you base your statements?

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    1. Florida statutes and Florida Supreme Court precedent. I suggest that if you want a formal legal opinion that you retain your own counsel. Also I find it ironic that you refuse to identify yourself.

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    2. My name is Donal Luna and I have three kids enrolled in KBCS. I'm concerned about the impact that the conversion may have on the ability of my children, and of all of the other KBCS students, to continue to attend our neighborhood school. I am only seeking to understand your position, but I cannot follow your reasoning without a clearer understanding of the basis for your statements. Your response above is not helpful. You seem fairly sure that your positions are irrefutable, so I do not understand your reluctance in answering my questions.

      As of today, I am not inclined to accept the radical transformation of KBCS without more information.

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  3. MY NAME IS MANUEL CAMBĂ“ THE OTHER PROPONENT-PLEASE READ THE BLOG POST BELOW CALLED K8 IS NOT A FOR PROFIT CHARTER SCHOOL..JANUARY 28TH ..IT WILL EXPLAIN WHAT OUR MOTIVATION IS. WHAT THE HISTORY OF CHARTER AND ITS POSITIVE IMPACT IN PUBLIC SCHOOLS. WHY IS CONVERSION VERY DIFFERENT FROM THE TRADITIONAL CHARTER SCHOOL FOR PROFIT. NO LOTTERIES NO WAITING LIST 100 % KEY BISCAYNE. CONVERSION SCHOOLS CONTINUE TO BE OWN BY THE MDPS BUT PARENTS CONTROL THE BUDGET AS A GOVERNING BOARD OF 5 MEMBERS. AT 1800 STUDENTS MAXIUM CAPACITY THE BUDGET $11,160,000 A YEAR TO RUN THE SCHOOL. PLEASE READ THE THIRD BLOG POST

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  5. Please understand I understand your concerns.

    Our proposal is premised on winning a YES vote. For that to occur 50% of the present teaching staff is in favor of the conversion. Therefore, the present curriculum program stays in place. The only difference is more money in the budget to execute the lesson plans more effectively and a brand new building for 1800 students .

    Yes vote only means the community at the K8 allows all participants to raise the capital for rebuilding and expanding the facility to apply for a charter application by August the first (1st). It is premature for the proponents to suggest a curriculum without the feedback of all concerned. It is your School. Reach out to your teachers and direct all of them to this blog the District misinforms and intimidates. So send all to this blog. The Truth is here NOT what the District or the MDPTA puts out to discourage the Yes vote. This is parents movement like no other in Florida. Put aside your prejudices for a moment and think of all the parents looking for a solution to their overcrowding conditions and dilapidated school in their neighborhood, this could be Key Biscayne finest hour as we overcome misinformation already sent to you in your child's Wednesday communicator and win the YES vote as parents.

    Think about this there are "zero conversion in the Miami-Dade School system . It is watershed moment to discover the K8 Center has between $750,000 to $1,000,000.00 in surpluses this year. I prepared to bring a Guest Speaker I mentioned in my January 17th Guest Commentary, but the District will not authorize it on schools grounds. This surplus could be reinvested back into the school every year. The state FTE funding at 1800 students x $6,200 per = $11,1600,00.00 annually to run the school.Pretty incredible considering the narrative the District has proclaimed for years K8 running deficits and parents have to buy paper and pencils and teaching tools and paraprofessional salaries for the special needs programs. Is that not a watershed for District to realize enough is enough we want to take back our school? Truth to Power.

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