State Board Rules in Favor of Vega Collegiate Academy in Charter Revocation Hearing
In a dramatic appeal hearing to review Aurora Public Schools’ (“APS”) attempt to close down a charter school it authorizes, Vega Collegiate Academy (“Vega”), the Colorado State Board of Education (“State Board”), in a unanimous 7-0 vote, rebuked APS’s decision and remanded it back to APS for reconsideration. Vega was represented in its victorious appeal by Miller Farmer Law attorney, Tim Farmer.
“Closing down a school is a very big deal, especially a school that has demonstrated high academic results, like Vega.” said Mr. Farmer after the win. “We’re grateful the State Board placed a high value on the choice of students and families to attend a great school like Vega. We put on a strong defense, and the District failed to meet the heavy burden of proof that must be met to justify a decision to shutter a school. It was a very cathartic day for the families and school leaders after months of stress and struggle. A true team victory.”
Under the Colorado Charter Schools Act, an authorizing school district can revoke a school’s charter contract, which effectively closes the school, if it finds the school is in breach of the contract. In this case APS alleged numerous violations of the federal Individuals with Disabilities in Education Act as the basis for its revocation. The school recognized and resolved most of the violations, and disputed others, but ultimately asserted that there were other ways to remedy APS’s concerns. Closing down the entire school is an extreme remedy to address the issues. The State Board ultimately agreed that APS and Vega need to work together to resolve any concerns, rather than close the school.
On remand, the District will have thirty days to reconsider its decision and either vote to affirm its decision to revoke the charter contract, in which case Vega can appeal to the State Board a second time and the State Board can then order APS to overturn its revocation and keep the school open; or, and Vega is hopeful this will occur, APS can heed the State Board’s decision and work together with Vega to resolve the concerns, ending the dispute.