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Bullis Appeal May Have Far-Reaching Impact in State

Court ruling comes just as charter schools must meet a deadline to submit their annual facilities space request on Tuesday.

 

Late Thursday afternoon, the news rippled rapidly across Los Altos, parts of Mountain View, Los Altos Hills—and even beyond, to the legions of specialists who advise charter schools and school districts: The Sixth District Court of Appeal unexpectedly overturned a ruling that upheld the school district in a dispute with Bullis Charter School over facilities space.

Stunningly, the state appeals court had found against the Los Altos School District (LASD) in how it measured school facilities to determine what was “reasonably equivalent” to provide Bullis, in fulfillment of Proposition 39 regulations. Four other lower court cases had upheld the district.

“We're certainly looking at all our options,” said a disappointed Bill Cooper, president of the LASD board. “But it would be premature to put a definitive stake in the ground.”

And it wasn’t just Bullis Charter School nor Los Altos School district officials who would be thinking about this turn of events over the weekend, contemplating what was next.

The published decision was clearly intended to have impact far beyond Los Altos.

“I have to read this decision over the weekend …it's something I have to be aware of, said Ed Sklar, an attorney with Lozano Smith in Walnut Creek, who represents school districts complying with Prop. 39.

In fact, Tuesday is the deadline for charter schools across the state to submit their requests for facilities for the 2012-2013 school year to their host districts, so the court’s ruling will likely become part of the discussion of Prop. 39 requests very soon, Sklar said.

“We will be looking to this decision to see if there's any further instruction to give to clients,” he added.

Representatives of the California Charter Schools Association (CCSA), which had submitted a 35-page friend-of-the-court brief in support of the Bullis appeal were also expecting to use the decision in its work.

“It will be very helpful in our statewide efforts,” said Julie Ashby Umansky, vice president for legal advocacy at the CCSA.We're really pleased by it.

Prop. 39 was passed by voters in 2000. It provides that charter schools are offered  facilities with “conditions reasonably equivalent” to what students would receive if they were attending other public schools in the district, and that facilities must be shared with all students of the district.

Prop. 39 compliance is also the main topic that lands charter schools in court against school districts. At any given time, there might be about five or six cases involving Prop. 39 up and down the state, Umansky said.

The court, in publishing its ruling, and addressing at length the way the Los Altos School District measured facilities space and where it was found lacking, was attempting to bring guidance to the contentious topic, and in particular what “reasonable equivalence” means.

Despite the number of Prop. 39 cases that get filed, none have given guidance to “reasonable equivalence,” Umansky said. It has been a big issue with charter schools, who are seeking facilities space from the very districts with which they are competing, she said. The CCSA's experience, she said, is that districts often show a pattern of responses that serve to undercount facilties space, spread out charter facilties all over a district, and essentially result in unfair allocation of space for students.

“I was very impressed with the clarity with which the justices covered all of the issues," said Bullis Charter School president Ken Moore, calling the ruling “tremendous.” Moore added that it was the first time, through four lawsuits, that a court had taken the time to look at the actual calculations of space available in a district, rather than take the district's assessment of space on face value.

There is some disagreement about the broader impact of the ruling beyond Los Altos.

 “I read it expecting lots of clarity,” said Stephanie Farland, who was the senior policy consultant for the California School Boards Association for a dozen years, primarily involving charter schools. Farland now is a consultant assisting "charter school authorizers," such as school districts and county boards of education, in submitting charter school petitions, applying for renewals, and annual reviews.

“It just seemed like it provided more confusion." Because there is a 2005  appeals court decision in Kern County (Ridgecrest Charter School v. Sierra Sands Unified School District) that accepted that school district's assessment of facilities space without challenge, she's a bit unsure which would have precedence.

One thing is sure: As the weeks go on, the decision will be finely examined by any charter school in the state that is unhappy with its space allotment and any school district that must respond with an offer.

The districts must make their preliminary offer to charter schools by Feb. 1, so the coming weeks will bring much discussion.

While only the Los Altos School District Board trustees know what the next step is, Moore is hoping that the 2012-2013 request for facilities space is met with an adequate offer.

“I expect LASD to rectify its non-compliance and look forward to where we're given reasonably equivalent school site in time for the next school year,” he said.

Editor's note: Both the Sixth District Cout of Appeal ruling and the friend-of-the-court brief filed by the California Charter Schools Association are provided as a pdf attachment, above and to the right.

Related Topics: Bullis Charter School, Ed Sklar, Julie Umansky, Prop. 39, and proposition 39

Harold Barton

9:09 am on Monday, October 31, 2011

Does anybody know the nature of the BCS demands? Do they want an entire school to themselves? If so, which one? I'm wondering if my child's school will be closed because of this ruling.

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Bryan Johnson

9:20 am on Monday, October 31, 2011

In the past, BCS supporters have asked fairly directly for the Gardner Bullis campus. At this point, however, it's not clear that that campus would be big enough, given BCS' growth and this ruling.

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Christy Lin

2:23 pm on Monday, October 31, 2011

BCS has only asked that they be given reasonably equivalent facilities. They have not specified where. The court basically said that LASD was not calculating reasonably equivalent correctly (they undercounted the space at LASD schools by under 1,000,000 square feet; they counted a building BCS built and maintained as space the district provided, etc.)
LASD has many options for how they address these deficiencies, but the reality is that they could not leave BCS on the Egan site. From where I sit, that looks to me like taking one of their existing elementary schools and distributing the kids to the remaining six. Since all of the schools are significantly larger than the space at Egan, any one of them would do. It's up to LASD to figure out which makes the most sense.

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Bryan Johnson

4:35 pm on Monday, October 31, 2011

Christy - Another way of saying that is: "One LASD neighborhood should lose its school so that BCS can have the campus." Now, that may be what has to happen. But it will be very painful for the displaced students and community, and when prominent BCS backers are saying "we're growing quickly, and may soon need a second site as well", it does not help get us closer to a solution.

Harold Barton

9:53 am on Monday, October 31, 2011

Something I read on another thread was very interesting.

LASD parents (who are now under direct attack by BCS) should understand one very interesting option: if they come after your child's school, FORM YOUR OWN CHARTER SCHOOL THERE.

Clearly this is anarchy, and a complete mess, but until Prop 39 is wiped off the books, the law says that any random group of citizens can get some lawyers together and take over whatever public school they choose. Your only choice may to be to fight fire with fire.

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Ed Reform Advocate

11:52 am on Monday, October 31, 2011

If you're waiting around for the state to repeal Prop 39, I wouldn't hold your breath. The charter school movement has established itself (in California AND across the nation) as one of the key players in education reform.
And just to clarify, Prop 39 does not establish any precedent that charter schools should 'take over' public schools with legal action as you are implying...it merely mandates that districts allot "reasonably equivalent" space to charter schools located within their jurisdiction. The district can choose to do this however they feel that they can best provide for both the students in their schools and the charter students.

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Ron Haley

1:34 pm on Monday, October 31, 2011

Harold,
Great idea. In fact, we'll show you how to do it!

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Christy Lin

2:28 pm on Monday, October 31, 2011

I also think a great idea. Would love to see more charter schools. But it wouldn't change the equation. There are nearly 65% more LASD students at BCS than there are at Gardner Bullis. The law now states that the facilities need to be shared equitably--so it would not be possible to leave one charter school with 460+ LASD students on a campus less than 6 acres, with another charter school with 280+ LASD students on a campus with over 10 acres.
But again, LASD is under no obligation to give BCS the Gardner site... it's entirely up to them which students (and how many) they intended to displace.

Ron Haley

1:03 pm on Monday, October 31, 2011

BCS is currently projected to increase to 660 students in the near term. Last year, there were 680 applicants. One in six gained entry.

If BCS decides to take in all applicants, you are looking for them to have the legal rights to at least two schools. Now that the facilities are going to be equal, you can expect many more applicants. And what's going to happen when they get equal funding?
This is the whole intent of prop 39 - let the best schools win. Provide competition. Allow parents a choice in where they send their child to school, without discrimination in facilities or funding.
Some will say that private schools provide that competition - well if you have $25-$35K per child a year, yes they do. Unfortunately, not everyone is in a position to afford that!
Will LASD teachers lose jobs? Probably!! That's because LASD is going to have an impossible job competing with salaries 45% higher than BCS, and 25% higher than the county average.

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Harold Barton

9:54 pm on Monday, October 31, 2011

I attended a BCS "presentation" before I enrolled my child in an LASD school. I remember being struck by what a "sales pitch" it was--it was like I was at a Condo presentation. At the time it was puzzling: why would a public school be selling me something?

Now I understand. They are "organizing": gathering supporters in the same way and for similar reasons as Jimmy Hoffa did in the 50s and 60s. They are building up their own gang to give them dues (enrollment in their school) to gather power.

The more students they get, the more LASD schools they get to close. Soon they will take over the whole district and a tiny group of unelected millionaires will completely control how our children are taught here. Normal parents, the State of California, and anybody not connected to the secret cabal will have absolutely zero voice when it comes to controlling our children's futures.

They are convinced they "know better" so the ends justifies the means. Like the the well-connected gang who started Solyndra, they they "know better" how to spend taxpayer money, so they will find any and every loophole to appropriate tax dollars for their own experiments.

Democracy is messy and inefficient--and leads to things like salaries getting out of control and many other irritating things. But Winston Churchill put it best when he said (I paraphrase), "Democracy is the very worst form of government--except for all of the others".

Trading democracy for corruption is no choice at all.

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Ron Haley

8:27 am on Tuesday, November 1, 2011

Winston Churchill also said "the scariest thing about democracy is 30 seconds with the average voter". Harold. you are coming across as an "average voter" :)

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Harold Barton

11:04 am on Tuesday, November 1, 2011

Finally, the true, deep motivation of the BCS regime are coming to the fore.

In short, the BCS regime is against democracy. They think the the voting public are dummies--stupid sheep who should not be given any responsibility over their own children or their own tax dollars.

In their world view, the ends justify the means. If they need to lie to get what they want, then so be it.

The Measure E campaign was a perfect example: plop down thousands of signs all over town with a lie on it, in hopes that those "idiot voters" don't read the description of the law and/or cannot understand three digit numbers.

BCS itself is another example: replace Los Altos public schools, controlled by a democracy with schools controlled by a tiny group of millionaires.

***
Let the battle lines be drawn: the BCS regime is out for nothing less than complete control over all Los Altos schools. Prop 39 is just a handy loophole they are exploiting FOR NOW but you can be sure they will be on the lookout for others.

Thomas Jefferson once said, "The price of freedom is eternal vigilance.". I'm personally going to do what I can to help LASD fight this threat to our freedom. I hope others will do the same.

Christy Wu

9:44 pm on Monday, October 31, 2011

bottom line all of our kids in the LASD are losing out, because this constant litigation is draining funds that could and should go to our kids in the PUBLIC schools. I moved here because of the schools and the community. Bullis charter should become a private school and quit taking funds from our district and the state.

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Lee Levy

10:02 am on Monday, November 7, 2011

Christy,
If we recognize that BCS kids are Los Altos kids too (eg their parents pay taxes, parcel tax etc) it's just that their school is administered by the county, not LASD, ALL Los Altos children will all be better off.

If LASD complied by the law (Prop 39) and provided reasonably equivalent facilities in the 1st place, the lawsuit would never have been necessary. BCS kids had their rights violated by LASD NOT complying with the law.

Lawsuit is over-lets' move forward and figure out what's best for all Los Altos students.

Bea

7:56 am on Tuesday, November 1, 2011

The purpose of charter schools as enacted by the legislature is to pilot innovative and replicable programs that raise achievement for the lowest performing and most under-served students. I have poured over the Bullis materials and cannot find any evidence that that is the school's mission, nor any sign that they have been effective in this regard.

It appears that Bullis is simply "other". An alternative program that draws hypervigilant deep pocketed parents who want the taxpayers to subsidize a custom-designed school for their DNA-dumplings.

This is an absurd waste of resources that undermines the real public good of neighborhood schools.

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Christy Lin

8:27 am on Tuesday, November 1, 2011

Actually, that's not the purpose of charter schools... there are 7 different points that the legislation detailed -- each of which (NOT all) are reasons for private schools. Not one of them requires that the schools serve the lowest performing/most under-served. I recognize that this is a common misconception especially in this area.
My favorite as taken from the California Teachers Association website is: "The purpose of charter schools is to create new professional opportunities for teachers to improve student learning while encouraging the use of different and innovative teaching methods. " http://www.cta.org/Issues-and-Action/Charter-Schools.aspx
Looks to me like BCS does that in spades!

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Bea

8:43 am on Tuesday, November 1, 2011

From CA Ed Code:

Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils identified as academically low achieving.

Can you clarify what you mean by the legislative intent for charter schools "each of which (NOT all) are reasons for private schools"?

Were the LASD schools significantly under-performing in student learning prior to the opening of Bullis?

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Christy Lin

9:06 am on Tuesday, November 1, 2011

Bea, Here is the ENTIRE ed code piece:
(a) Improve pupil learning.
(b) Increase learning opportunities for all pupils, with special
emphasis on expanded learning experiences for pupils who are
identified as academically low achieving.
(c) Encourage the use of different and innovative teaching
methods.
(d) Create new professional opportunities for teachers, including
the opportunity to be responsible for the learning program at the
schoolsite.
(e) Provide parents and pupils with expanded choices in the types
of educational opportunities that are available within the public
school system.
(f) Hold the schools established under this part accountable for
meeting measurable pupil outcomes, and provide the schools with a
method to change from rule-based to performance-based accountability
systems.
(g) Provide vigorous competition within the public school system
to stimulate continual improvements in all public schools.

What I meant by each of which (NOT all) are reasons for CHARTER (my mistake) schools, is that the legislation meant for any of these items were valid reasons for an agency to support a charter. The school does not have to do all of these things, but any one is reason enough. In the fact that it says "with special emphasis" clearly means that this is a plus, but not a requirement.
We are fortunate in LASD that all the schools are good. BCS provide parents a choice.

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Ron Haley

9:07 am on Tuesday, November 1, 2011

The Legislature adopted the Act in 1992 for the express purpose of ―provid[ing] opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure . . . .‖ (§ 47601.) The Act had six stated goals: (1) improving student learning; (2) increasing opportunities for learning and expanding learning experiences, particularly for low-achieving students; (3) fostering teaching techniques that are different and innovative; (4) developing new teaching opportunities, including the opportunity to be responsible for learning programs at the charter school; (5) giving expanded choices in educational opportunities to parents and students beyond those available in the public school system; and (6) making charter schools accountable for achieving measurable student outcomes. (§ 47601, subds. (a)-(f).) When it amended the Act in 1998, the Legislature identified a seventh goal of affording robust competition within the public
school system to encourage ongoing improvements for all public schools. (§ 47601, subd. (g), added by Stats.1998, ch. 34, § 1, pp. 193-194.)

Bea

9:18 am on Tuesday, November 1, 2011

Yes, Christy, it is an easy and common mistake to confuse private schools with charter schools, especially in the case of charter schools whose mission is primarily to serve as a publicly funded private school.

B

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Christy Lin

9:28 am on Tuesday, November 1, 2011

Totally lost as to why you think any charter school is a private school. Anyone from the state of California can apply. Entrance is by lottery. There's no tuition. Charter schools merely offer CHOICE. LASD was ripe for a charter school in the way that MV and PA were not, because the LASD administration did not believe in choice. Clearly the community does though given the number of people who would like to attend BCS.

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Courtenay C. Corrigan

9:29 am on Tuesday, November 1, 2011

Bea...can you define what it is that makes BCS a Private school? Is it academic excellence? LASD has that too. Is it wealthy people attend? LASD has the same demographics. Is it that we ask our families to pony up and close the gap on funding shortfalls? LAEF operates in the exact same manner as BCS' foundation. What is it that makes us "private" in your mind? Just curious, because one of the reasons I picked BCS was that it was public. Independent, but public. Lucky for me, we got in...

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Bea

11:42 am on Tuesday, November 1, 2011

@Courtenay: You answered the question yourself. There is no actual justification for Bullis given the quality and demographics of LASD schools. It is simply "other" – which is the role private schools play on the great stage of K-12 education.

You are all very self righteous in clinging to "choice" as rationale enough for what you've gained for yourselves and the impact you have had and will continue to have on the traditional public neighborhood schools. It's understandable that you cannot see beyond your own children and your good fortune to grasp how Bullis plays into the demise of taxpayer funded schools as a public good.

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Harold Barton

4:02 pm on Tuesday, November 1, 2011

A "private school" is one that is:

1. Not under the control of a democratically elected body.
2. Principally funded by non-government money.

BCS is #1, but not #2. This is a new kind of entity, so we have to make up a new name for it. The candidates are:

1. "Publicly funded private school", or,
2. "Privately controlled public school".

No matter how you arrange the definition, it's a perversion of the democratic process.

The BCS people here keep bringing up every imaginable aspect of their school in an attempt to whitewash the most important aspect: who controls it.

And who does control it? How are they chosen? What are their powers?

Nobody knows. This information is not publicly available as near as I can tell (the BCS website, a site sprawling with factoids about the school, curiously leaves this part out). Another important aspect left out is the definition of "lottery". In the presentation I attended, they listed several admission factors and then mentioned a "secret sauce" of sorts--staff preference or some such. It's just like any other kind of private club. If the tiny ruling clique of millionaires don't like you, then you don't get in.

So stop insulting our intelligence with the smoke screen. Private control means private. Period.

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Ron Haley

4:28 pm on Tuesday, November 1, 2011

Reid Hastings, CEO Netflix quote at the Stanford education seminar last week; "The biggest problem with education in the US is elected school boards". Looking at the LASD board, it's hard to argue!

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Harold Barton

6:55 pm on Tuesday, November 1, 2011

Wow Ron, thanks a lot for helping me make my point.

So get it straight everybody: BCS = Anti-democracy.

Ron and the rest of the thugs at BCS want to take over every single school in LASD and determine your child's future with absolutely zero accountability.

Soon we will have no choice but to do what Ron says, lest his mysterious "lottery process" determines that your child "won't fit in" to any Los Altos (aka BCS) school. Or maybe your child will be bullied in school and the teachers won't do anything about it. Is there any appeal process? Nope. It's a private school and if you don't like it, your child doesn't get educated.

For those of you that still think this is a "school choice" sort of thing, think again. Understand the following:

1. The secretive owners of BCS have made it clear that publicly elected school boards, public teachers, and public schools are EVIL. They hate them. They think they are stupid.

2. Since they are accountable to nothing and nobody, they are free to expand their "school" to encompass every student in the district. They have made it ABSOLUTELY CLEAR here that this is their dream.

4. Based on the latest ruling, the district will be forced to hand over every single school campus to them. Without any campuses, there will be no reason for there to be an LASD. Again, this is their stated dream.

And there you have it, a private take-over of a public school system by a secretive, unelected, unaccountable group of millionaires.

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Ron Haley

6:12 am on Wednesday, November 2, 2011

Harold,
For BCS to request facilities, they need students. To get students, parents need to decide to send to their child BCS rather than LASD. Are you saying parents shouldn't have this right? They should be forced to send them to LASD?

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Harold Barton

10:06 am on Wednesday, November 2, 2011

Should other parents have a "choice" to kick my child out of the school that's been near and dear to us for several years and force us to attend a school that is controlled by a tiny group of millionaires who are accountable to nobody? No. I pay my property taxes and I am owed a public school--which BCS is not.

But that's exactly the "choice" that BCS is offering. It's not "choose between LASD and BCS" it's "go to BCS or go to a school in Mountain View or Cupertino".

A lot of parents think BCS is a public school. They assume they will have the typical recourse and democratic control that public schools enjoy. They have no idea that BCS is controlled by a secret cabal of rich people who are accountable to nobody. This is of course by design as BCS does everything it can to hide its control structure. If parents knew what the deal was, attendance would plummet.

Anecdotally, I know of a LOT of parents that moved BACK to their local public school from BCS because of the curriculum and leadership there.

This is a choice that the BCS regime is working day and night to eliminate. If you don't like BCS--and prefer one of our existing world-leading public schools very close to you--it's because you are stupid and evil. The BCS secret cabal will soon make sure you aren't able to make such a big mistake.

A Gondek

9:52 am on Tuesday, November 1, 2011

And BCS wonders why most LASD parents really dislike BCS? The "throwing down of the glove" comment from Ron Haley to Harold Burton certainly felt like a call to war.

If the BCS parents had been in the spirit of "we're all in this together, let's figure out how we can keep ALL the schools open" from the very beginning, some of us would have worked with them to raise money to keep Bullis open 8 or so years ago. But instead, most of us felt a "I'm wealthy and successful and can bull doze whomever I choose to get what I want attitude". Many LAH families from outside the Bullis attendance area were embarrassed to tell people that they lived in LAH because of the attitude they saw from the BCS founding parents. That attitude is more of a small elite dictatorship than a democracy. Ron, with your attitude, you will never bring any of us over to your side no matter how good BCS is.

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Courtenay C. Corrigan

12:23 pm on Tuesday, November 1, 2011

Bea...I could possibly understand your point of view if we were the ONLY charter school in the country but no...the Charter school movement is much larger than this little sandbox. It is like saying there is no need for Peet's since we already have Starbucks. We all have different taste sister. If I am self righteous, then the argument that BCS shouldn't exist because I shouldn't have "choice" is self centered.
Rather than getting bogged down in name calling why don't we start the conversations with "what if..."
I have one....what if rather than discussing that a school needs to be closed to find BCS and appropriate home, we look at what LASD might do with the "camp" school on Egan. How about an immersion program or even consolidating your 6th grades at Egan with 7th and 8th? Or, what if LASD were able to run all the before and after school programs as well as its full day kinder program there? Wouldn't that free up space on all campus' to the benefit of all kids?
Solutions, folks...that is what we need....And saying we should get rid of BCS isn't productive.

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Michael Christian

1:39 pm on Tuesday, November 1, 2011

This is an interesting, and clearly contentious debate. One important missing item would be the California School Boards Manual on Charter School Governance. It gives all the nuts and bolts that School Boards need to consider regarding Charters.
http://csba.org/EducationIssues/EducationIssues/~/media/D3A48BACC09B45C89F35FC33ABC3A86A.ashx. Also the MOA between BCS and LASD.
It would seem that lawmakers have wrangled with "reasonably equivalent" facilities definition and enforcement just as they grapple with "reasonably comprehensive description" of a program, goals etc required of Charters. The law allows that to be defined by the Local Education Agency (LEA). It is unfortunate when communities are driven apart, but the LASD should be held accountable not only in providing clear and sound policy (Board Policy 0420.4 and CA Ed code 47605), and perhaps a more lucid definition of what Choices are appropriate, in an educational context, for the district.

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Jan Truitt

4:01 pm on Thursday, November 3, 2011

First, let me say, "I don't have a dog in this fight." No children or grandchildren in either the LASD or BCS.
Second, let me say that I am astounded by the bad behavior of some of you in this interchange. I think it is unconscionable for one neighbor to call another a "thug." We are in general an educated and civil community. My mother used to say, "Because you are educated, you have the ability to express yourself without swearing or name calling. You can disagree without being disagreeable." Where have we gone wrong? Surely we don't want to bring up our children to express themselves with such rancor. Stop this and think about the example you are setting.

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Harold Barton

12:23 am on Sunday, November 6, 2011

The word "thug" is not a "swear word".

The exact definition is that of a person that uses violence to get what they want, but it's often used in political speech to connote somebody corrupting to democratic process to their own ends.

The term is used in this way to underscore that the power of the government means the power of jail, the power of the gun--if you don't do what the government says, you are taken to jail by armed men. Normally this is fine when it's criminals being so forced, but when the democratic process is corrupted the tables turn completely, and it's innocent people who are being forced to do things by criminals.

Is this hyperbole? Of course. Terms like this are used to make a point and to collapse a very complex concept into a single word. Anybody reading what I wrote would not interpret that I think that the BCS leadership literally acts in physically violent way, but rather that they are "as a thug" in that they use a form of indirect violence (the power of the government) to get what they want. It's not a nice thing to say to them, but I don't think they are acting nice because they apparently want to close my child's school.

When my children are old enough to understand complex political concepts like this (16?) I will absolutely teach them this term. They don't read this forum now and I wouldn't let them as I am a responsible parent and I don't let my children read material meant for grown-ups.

Fred Binetti

9:26 pm on Saturday, November 5, 2011

The positive effect of Charter School such as BCS is on the students who attend it. Parents may lie to themselve by saying they are helping the rest of the district to be better, but this is simpy rationalization for (normal) selfish behavior for ones children.

Across the nation the effect of Charter Schools such as the BCS with difficult admission hurdles ( e.g. a lottery which requires one to apply six month before the start of the school year ) and significant expectations of parental involvement (either financial or time) has been to exclude from the Charter School the more difficult to educate students of parents with less sophistication, wealth, education and household stability. These tougher to teach students end up in the "regular" public schools which by law actually educate all children. The Charter School thus becomes a semi private school for the children of 'better' parents.

The repeatedly proven effect of difficult Charter admission processes is that the student whose family has less English or ability to navigate beauracratic systems or is more transient or is to busy working to survive and thus can't give money or time is excluded from attendance at the Charter School.

If one takes the Charter model to its natural conclusion in a district such as the LASD, there could be 5 charter schools attended by the 80% whose parents are most sophisticated, while dumping the poorer less sophisticated or more newly arrived 20% in the 1 "regular" school.

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Harold Barton

12:44 am on Sunday, November 6, 2011

Excellent analysis.

In the BCS "marketing presentation" I attended, I don't remember hearing them tell me that their high test scores were simply a matter of not allowing anybody in the school who will reduce their test score average. They just talked about their high test scores (which is why 90% of the parents were there, sadly). I guess the science teachers just covered their ears during this part.

If I recall, BCS scored "slightly higher" than other LASD schools this year. Given this observation, that's actually pretty bad! They should be WAY higher!

***
What an absurd reversal of the original intent of prop 39: to separate the most privileged kids into their own school where they can siphon money from the schools who are forced by law to deal with the less privileged ones.

It's really gross.

Courtenay C. Corrigan

12:13 am on Monday, November 7, 2011

If you haven't seen it...look up "Stupid in America" by John Stossel. Facinating look at how we are cheating our kids (and the Union's vice grip on status quo...)

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Harold Barton

7:22 am on Monday, November 7, 2011

As a Libertarian, Stossel is against the entire concept of public schools. I suspect he sees charters as a stepping stone to that end (which is completely wrong as it's going from bad to worse by his own standards).

Insofar as the Charter concept (as its implemented here in CA via Prop 39) appropriates public funds and real estate--and serves to DISPLACE existing public schools rather than to augment them--all you are doing is trading one government-protected monopoly for another. Except the new one has ZERO accountability instead of an albeit flawed system of democracy.

The "libertarian" answer to schools is PRIVATE schools and tax credits for parents who send their kids to them, not a "public/private" invitation to corruption.

Charters are just another government boondoggle. They might be doing some good in some areas where things are REALLY BAD in the existing public school system, but BCS is great example of how easy it is to exploit the system to achieve goals that have absolutely nothing to do with educating children better.

jason strober

1:50 pm on Tuesday, November 8, 2011

I believe the charter school has had a positive impact on the other schools in the community, simply by requiring them to compete for students. It is not good enough in Los Altos to state that the schools teach the state curriculum. Now they need to think about how they differentiate and market to students. By doing this, they should become better and more thoughtful about their approach. If not, more and more of the district students will continue to apply to BCS.

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Harold Barton

3:10 pm on Tuesday, November 8, 2011

That would be fine, Jason, if that's all there was to it.

BCS now needs at least TWO campuses to accommodate it's growth--that leaves only five elementary campuses left in Los Altos--and they plan a heck of a lot more growth.

How do they do it? Simple: test scores. Most parents just want to send their child to the school with the highest test scores. It's no more complicated than that.

Since BCS is allowed to pick and choose only students who will make their test scores the highest, they will always have an unfair advantage and will have absolutely no problem maintaining a much higher average than any public school who must, by law, accommodate all students.

This little scam has only one logical ending: BCS will take over every campus in Los Altos and there will be NO public schools here. The less advantaged kids will be shipped off to Cupertino, Mountain View, or god-knows-where.

It doesn't matter how "good" the existing public schools are: they don't stand a chance against the millionaire owners of BCS.

Andrew

3:59 pm on Tuesday, November 8, 2011

Harold I heard that less advantage kids might get shipped off to West Virginia or Mississippi. And when I say less advantaged, it means anyone who makes less than $5 million/year.

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Andrew

4:07 pm on Tuesday, November 8, 2011

Now that we're back to reality and out of "make up stuff to scare people-land"
1) every school has an open school night to inform parents about their school
2) odds are if BCS didn't have an open school/information night some people, & I can't guess who (can you?), might accuse BCS of being elitist and 'keeping info just to themselves'
3) Why do you think BCS has been expanding so much and the demand for the school is so high? Is it because parents like choice and a different approach? LASD schools are GREAT schools-no one is saying they're not. But some people like a different approach to education and that doesn't mean they should be forced to go to private schools. As a great sociologist once said "public education brightens the dull and dulls the bright"-perhaps the reason for this is not everyone learns the same way?
4) did you know there is a double blind lottery to get into BCS? In fact, teachers at BCS have to put their kid into the same lottery as everyone else. But you might prefer to make up things like "they have preference for families with net worths over $25million, then for $10 million-then all the "poor" people who only have $1million" That would be a funn thing to make up too, wouldn't it?

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Harold Barton

11:01 pm on Tuesday, November 8, 2011

My God, can't you even keep from contradicting yourself in the same paragraph?

You start by saying, "LASD schools are GREAT schools-no one is saying they're not." and then you go on to say, "public education brightens the dull and dulls the bright".

I mean, if you're going to lie, as is typical of BCS supporters, you should at least try to hide your feelings a little better than THAT.

The agenda at BCS is crystal-clear: they HATE public schools, they HATE LASD and they HATE any sort of democracy or accountability. They are exploiting Los Altos' reputation to build up their own private education empire.

By the way, did YOU know that BCS enrollment is open to "Any child residing in the state of California"?

Gee, I can't wait until THOUSANDS of kids are bussed in from all over the state to come to our formerly public schools here. The high test scores and wonderful campuses OUR tax dollars bought will be irresistible to every parent within a 100 mile radius.

Scare mongering? The new ruling makes it crystal clear: "LASD, hand over your campuses". All BCS needs to do is increase enrollment, which is trivial given our district's reputation.

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Christy Lin

5:40 pm on Wednesday, November 9, 2011

Suggest you read more about charter law.
"Any child residing in the state of California." is a REQUIREMENT of all charter schools.
Note that LASD does NOT provide facilities for children that attend BCS that are from out-of-district. They are assumed NOT to exist when LASD does their calculations for space.

Andrew

7:15 am on Wednesday, November 9, 2011

Harold-you should take a step back, take a deep breath and actually THINK about the issues, and respond with intellect and facts.

I'm sure you're right-BCS people hate LASD, public schools, democracy, apple pie and baseball. I hear they're all communists! or maybe even Al-Qaeda terror cells!

Yes-scaremongering. Calm down and think.

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Andrew

7:16 am on Wednesday, November 9, 2011

their so-called agenda is to 'provide children with a great education'--i know, so distasteful!

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Harold Barton

9:53 am on Wednesday, November 9, 2011

Then why don't they leave one of the top school districts in the country alone? Why do they want to destroy it?

Why are my children going to be kicked out of the school they've grown to love, torn away from all of their friends, disconnected from all of the teachers they know and forced to attend a school far away that has lower test scores, worse facilities, and less parental support?

That's the "choice" that BCS supporters are talking about: BCS or go grovel for a spot in a Cupertino or Mountain View and a 30 minute drive to school.

So that agenda is a LIE. You can say it twice or ten times or a hundred times. It will still be a LIE.

BCS exists to take over all of the schools in LASD so they can drag half of the Bay Area to our world-leading public schools in exchange for the regime gaining enormous power over people's lives and extracting the ultimate revenge over the LASD board.

There is absolutely NOTHING legally to stop the BCS regime from doing this. That is the FACT in this matter. They will immediately take two LASD campuses because of their growth.

Is it crazy to think they will need a lot more based on their STATED dislike for LASD and public schools in general? Based on their ends-justify-the-means righteousness?

That's right folks, prepare to share our wonderful campuses that our tax dollars, donations and participation over the years has paid for with EVERY CHILD WITHIN A 50 MILE RADIUS. Revenge will be theirs.

Bea

10:46 am on Wednesday, November 9, 2011

Apparently the "disruption" effect of BSC is driven by a shared value among its supporters that the free market impact of choice and competition as applied to a public good is the utmost priority. That is, among all of the legal reasons for creating a charter school, the BSC proponents value "choice" most highly.

Interesting. That is not a priority shared elsewhere in the state. In a very recent survey by the California PTA, "choice" ranked last, behind issues that are directly tied to the educational experience of the student and strengthening neighborhood schools.

One has to wonder if BSC supporters had placed program first (over competition), if they might have found a way to devote their considerable resources and energy to bringing innovation to the existing neighborhood schools to the benefit of the entire community.

It's a first world problem you've got there, Los Altos.

Hey -- here's an idea! Instead of taking those kids to Borneo or the Gallapagos for their enrichment, how about instead you bus the kids to a Central Valley school and use your resources to stock and staff a school library? It'd be a three-fer: life changing experience for you, your kids and the kids your wealth would impact.

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Ron Haley

11:09 am on Wednesday, November 9, 2011

We got to see the "real" Harold Barton at the LASD board meeting on Monday evening. He was just as crazy in person :)

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Harold Barton

11:57 am on Wednesday, November 9, 2011

Wow, name calling. Cool.

But this is what to expect out of BCS supporters: Arrogance. The ends justifies the means. "Ha ha, we get to own all of your schools now and there's nothing you can do to stop us!".

Ron is at least a "little" more honest than a lot of other BCS supporters who pretend to offer an olive branch to LASD when in fact they want every campus in the district to be their own. I suspect that Ron here is being asked to STFU by other BCS supporters as he's exposing their true intentions on a daily basis.

And for that I thank him. If it wasn't for Ron, I would have had no idea how SERIOUS the situation is with our schools here. I am not now nor have I ever been an "activist" except for donations to LAEF.

That will change, and I suspect that there are a lot of other parents like myself who are hearing a very clear call to arms here.

I'm spreading the word the best I can:

Act NOW, or your local school will be closed and re appropriated by a private organization who is free to bus kids in from anywhere and destroy our property values, our children's lives and our schools.

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Harold Barton

5:03 pm on Wednesday, November 9, 2011

Thanks, Bill. That's a great article.

Is there anyplace online where the BCS MOU can be downloaded? I would love to look at that, and I'm sure a lot of others would too.

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Harold Barton

8:59 am on Thursday, November 10, 2011

So in short, BCS is on a knife edge: they are flaunting the Charter laws by not emphasizing "academically low-achieving students", but if they did so, their test scores would plummet as would their attendance.

You see, BCS spokespeople can deny it all they want, but I was at the packed "marketing presentation" and talked to a lot of parents who were interested in BCS: virtually ALL parents are attracted by BCS' higher test scores. If they fell below LASD schools, they would have nearly ZERO attendance. Yes, like the Waldorf school and others like it, there would always be a small, obscure following, but the reason BCS has its current following is: TEST SCORES.

Now normally, when a Charter is started out of a need to education kids (and not revenge) this is not an issue: it's started within a district with very low test scores and filled with "academically low-achieving students".

In the case of Los Altos, we're already in one of the best districts in the USA--so BCS needs to recruit the cream-of-the-cream to keep their test scores--and thus their attendance--up. But they are not allowed to do that, theoretically.

Oddly, this gives me a new-found appreciation for the Charter concept. The founders of the CA Charter law apparently envisioned a mess like BCS and worded the law to prevent it.

Now how do we get BCS to stop breaking the law?

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Noel Brick

7:12 pm on Friday, November 11, 2011

Harold/Bill/Al/DC is a lost cause --- We get that you are a strong teacher's union supporter. To everyone else - I hope we can all find a way to insure the best education for all of our children. Charter School's exist in both rich and poor school districts to create competition by offering a choice. Serving under achieving students is just one of the many reasons for creating a charter.
Here is the great thing about charters that is not true of public of schools, they succeed if parents choose to send their children to them. If no one is interested then the school closes.
BCS is a popular choice - thirty percent of LASD parents of incoming kindergartners apply to BCS. I don't think they are interested in just test scores. All LASD schools do a great job with that. In fact it's the main focus of most district programs. Maybe parents are interested in BCS because it offers so much more.
If you are on the fence about the charter school consider this, BCS is offering a terrific program. It does much more than LASD but spends the same/student. Spending goes to educating students -- instead of lavish benefits for tenured and retired employees. That's the reason that BCS has specialists teachers and fully credentialed associate teachers, while LASD continues to cut specialists and teachers aides.

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Harold Barton

11:02 pm on Friday, November 11, 2011

I speak for myself and I could care less about the "teacher's union". Nice attempt at a straw-man attack though.

So there you have it: if you actually LIKE the school your child currently attends and you do NOT wish to send your child to BCS for any reason, then you are a slimy union supporter.

If you don't wish for your children to be kicked out of the school they've attended for years, the school your work and your money have helped make great, then you are a shill for the LASD.

If you actually believe in democracy, and are against unchecked private control over people's lives, then you must be for the very worst aspects of such a system (and in a way, this one is true: democracy has a price--but it's far better than the alternatives).

By the way, MY family was one of the ones you have counted in your "applied for" statistics. Like most we know who "applied", we wanted to keep our options open WHILE WE DECIDED. The BCS philosophy was NOT for us, as it is for MANY others we've talked (many we've talked to have even switched BACK to LASD).

And as for the parents who are interested in "other things" OH COME ON. Just like boys get Playboy magazine "because of the articles". Take away the cachet of the "rich kids" school and the test scores, and BCS is TOAST. Both of those things would (hopefully will) happen if BCS followed the law.

Andrew

4:38 pm on Saturday, November 12, 2011

Harold:
And for those who support BCS, according to you, they are: liars, anti-democracy, millionaire conspirators and a whole host of other names.

How can there ever be world peace when there is such vitriol, suspicion and closed mindedness (remember your comment 'you can say it 100 times I won't believe it") regarding a local school. From your description you'd think the kids there are being taught devil worship. You were the 1st to get upset at name calling when someone described you as crazy, but you were the 1st to cast that stone.
It's truly sad, or should I say, it would be truly sad for your children to see your hatred, suspicion and name calling over a school.
Prop 39 is the law, the appeal and decision in favor of Bullis was determined by the 1st NON-elected judge to adjudicate over this process.

Beyond the law: fair and reasonably equivalent facilities, civil dialogue and respect for the law are not only the decent thing, but the right thing for ALL of Los Altos children.

To educate children in portables/trailers, particularly in such a wealthy school district, is flat out embarrassing and shameful. Our (all Los Altos school children) deserve better. Let's focus on how to work together.

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Bryan Johnson

5:34 pm on Saturday, November 12, 2011

Did you know that portables are a significant fraction of the classrooms on every LASD elementary school campus? If we're focusing on how to work together, let's see if we can figure out how to raise enough money to eliminate them all, rather than just for BCS.

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Harold Barton

7:39 pm on Saturday, November 12, 2011

For the record, I don't believe BCS supporters are devil worshipers.

So let's work together.

Given that you intend to close at least one, if not two campuses in the near future, has anybody over there thought of what to do with the "refugees"? You know, all of the kids' lives you will turn upside down when you kick them out of the school that they love? Remember them?

I mean, clearly they deserve what they get, given what LASD did to the millionaire founders of BCS, but do you have any mercy at all?

I'm pondering this myself. I'll spend my every last dime in donations and will offer my time to try to stop my child's school from closing, but I'm realistic: money trumps democracy sometimes, and the BCS has a lot of it (for everything except building a campus of their own that is).

So where will my child go?

BCS is, of course, out of the question: they "lock in" their kids from kindergarten with the the mandatory Mandarin class and other idiosyncrasies. Any child past 2nd grade wouldn't stand a chance at fitting in. I suspect this is by design.

Private? Probably. There will be a line a mile long after BCS does their work, but we're fortunate to at least have that option. I don't know about my children's classmates though. I guess they'll get bussed across town to a double-packed school somewhere.

It will be very, very sad and terrible unless we can, you know, "work together" and you can decide NOT to come close our schools.

I await your suggestions.

Christy Lin

11:49 pm on Saturday, November 12, 2011

Portables is not the issue... it's the NUMBER of portables and the amount of space for blacktop and turf. I've always said that what goes on in the classroom is way more important than what the classroom looks like. But without a reasonable number of portables and outside space, programs are impacted.

LASD doesn't need to close a school if they don't want to. They could just swap Gardner and BCS. Gardner has about 280 LASD students. BCS, i believe has about 450. Just move some of the portables from BCS up to Gardner, and we're all done. The issue is that a 10+ acre site for 280 kids vs. less than 6 acres for 450 kids is NOT sharing facilities equally.
If Gardner doesn't want to close, they don't have to... I respect that they've built a community and want to keep it. This solution seems to solve the concern about overcrowded schools, loss of community, etc.
I realize these families will have to drive a bit further but otherwise what's the issue? I'd really like to hear from the Gardner families as to why this wouldn't be a viable solution.

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Harold Barton

2:42 am on Sunday, November 13, 2011

Swapping won't work because the district lines will be completely hosed that way. Kids who lived much closer to other schools would need to go to the Egan campus for no apparent reason. There's no way any rational district would draw the lines this way because it would be utterly crazy in the long-run.

It would also destroy the community aspect of whatever school you swapped with since it would move the school across town. Houses sold with the feature, "within walking distance to public school" would lose millions in property value in aggregate as that area of town would become a cursed one, stuck with a school that is across town.

So no, swapping is a non-starter. You're actually better off destroying the school (like you are "better off" having your arms and legs chopped off versus your head).

Next suggestion?

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Christy Lin

10:23 am on Sunday, November 13, 2011

Excuse me? Why is that all the kids in the Crossings and 49 Showers go to Covington then? I know it's not a rationale way to draw lines (but LASD has never been rationale when it comes to attendance boundaries). I'm frankly not concerned about property values... I've heard 40% of the Hills children go to private schools anyway. If the Gardner families REALLY value their community, then swapping campuses should be a viable option they should push for. (Do they really value their home values more than their kids? I don't believe that for a minute.) The problem you have is the math. There is no way any court is going to look at 280 students on 10 acres and 450 on less than 6 and say that's fair.

Harold Barton

11:06 am on Sunday, November 13, 2011

"I'm frankly not concerned about property values." -- BCS Supporter

I want to buy an ad for the front page of the Town Crier with just the quote above. That's all most people need to know about BCS's interest in our community.

Our property values are driven by our schools, and parents pay the enormous premium to live here because they care about their children. Destroy the schools, you destroy kid's lives, and yes, you also destroy property values.

Property values are important to everybody (except the millionaire BCS supporters who probably all own a dozen houses each) including non-parents.

So BCS will effect the lives of ALL Los Altos residents, not just parents and children.

As for court, well, it looks like we're all going to be spending a LOT of time and money there in the next few years...

***
By the way, is anybody taken by the IRONY that BCS was started based on somebody closing a school, and now here they are, fighting another group of parents to close their school?

If any of the BCS supporters can remember the anger and the call to action that drove themselves years ago, well, that's what you'll be up against this time... Prepare to fight your doppelganger...

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Christy Lin

11:45 am on Sunday, November 13, 2011

you'll have to change your tag on the quote... i don't have a kid at bcs... change your tag to "school reform supporter"... i at least have a bit of objectivity which you are clearly lacking. suggest you take a deep breath and get a life. be thankful that ALL the schools here are good whether you choose LASD or BCS. Be thankful for the fact that our teachers have the curriculum they want to use, books for every child, more computers per child than 90% of the districts in this country, and an education to be envied (regardless of whether they are at an LASD school or BCS).
I'm working to make sure that ALL kids get this...and like it or not, sometimes reform has to start where parents can afford to stand up for their rights. Wish you could have seen how charter schools all up and down California were celebrating when this ruling came out.
Have at it Mr. Barton--unfortunately, the courts have already ruled.

Courtenay C. Corrigan

11:51 am on Sunday, November 13, 2011

Harold, aside from a therapist, you need a reality check.
Several key facts:
1. Wherever you put the number one charter school in the state and top performing school in the district--it will improve property values. Los Altos and LAH should be fighting over who gets us! And LAH should fight extra hard considering that GB was the lowest performing in the district.
2. The numbers that make GB the weakest gazelle in the herd are even more convincing when you take out the 30-40 kids that are PAUSD transfers who we all (LASD) underwrite to the tune of $5,000.00 each per year and all the kids who commute to the boutique campus for the all-day kinder program or to otherwise enjoy the small class/school size. Send them all back to their rightful,neighborhood school and the number of displaced kids at GB shrinks even lower.
3. If-and I use "if" b/c I am not convinced GB is the best or only option- if BCS were given the GB site, I am sure you and any other parents currently enrolled there would be given the choice to stay and try out the incredible program that is so bountiful comparatively--or you could choose to pick another LASD school. Or, it sounds in some of your other posts, you would choose Mountain View or Cupertino? Seems far to go from the University area but you have the choice....

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Harold Barton

3:55 pm on Sunday, November 13, 2011

Here we go again: I don't want my children ripped from the school we spent years making great, so I must need therapy...

1. GB was the "lowest performing school". That's quite a soundbite--it reminds me of, "stop the $793 tax!" from a few months ago: another disingenuous BCS "spin" on the facts.

So I guess GB is our very own inner-city ghetto school, full of drop-outs and drug dealers. Uh huh.

The FACT is that GB's "lowest score" is practically a rounding error, and it alone still ranks as one of the very best schools in the state.

Why the spin? Prop 39 was meant to assist blighted areas that have REAL problems with their schools--so it's necessary that BCS supporters paint our own schools this way.

2. GB is a PUBLIC school and there are boundaries for it drawn up by the district in keeping with a tight-knit community. If attendance is too low, LASD should make minor adjustments to the boundaries to balance things out (for incoming kinders onward, so as not to disrupt).

Now the PAUSD transfer thing might be an issue--unrelated to this one--but it's just ABSURD coming from a supporter of a school that is open to "ANY CHILD IN THE STATE OF CALIFORNIA". Local residents can look forward to THOUSANDS of kids (and their parent's cars) coming to whatever neighborhood BCS plunders next.

3. You haven't been reading MY posts--I discussed this. BCS has a "lock-in" strategy just like Waldorf. You can't realistically join after 2nd grade. This is on purpose.

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Christy Lin

5:39 pm on Sunday, November 13, 2011

Mr. Barton, BCS takes in 10 or 15 4th graders every year (i'm not sure of the exact number but I know it's pretty big) when class size increases. My neighbors joined at this point two years back... their 1st grader went at the same time. I'll say again.. you've built a great school... just swap the campuses... you'll only have to drive a little bit further. If the school is so great, and the community so strong, why is driving such an issue... the vast majority of GB kids cannot walk to school anyways.

Andrew

7:39 pm on Sunday, November 13, 2011

Harold,
I love how you disregard any questions or logic.
It's a shame that people have wasted their time and effort informing someone who doesn't care to listen, but continues to focus on hyperbole, misinformation and name calling.
I'm logging off of this conversation because it makes no sense discussing logic with someone who is clearly . You can fill in the blank.

PS I assume you are the ghostwriter behind the 'Alfred binetti' letter, the made up person who had similar 'opinions' as you, but didn't have the guts to make his false allegations in person-hence my login name.

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Harold Barton

11:38 pm on Sunday, November 13, 2011

All I know is that my children's school is under attack. It will be closed unless we do something to stop it.

It will be closed by people who are really angry that that their school was closed a long long time ago.

Yes, it's totally insane, but that's what we have to deal with in our town.

I wonder, if you did a spot poll, how many parents would say, "oh I don't mind that" when you told them that their local public school will soon be CLOSED.

The BCS people would tell you "none at all" or just one crazy person like me since
"normal" people couldn't care less about such a thing.

That's why there's only one of us. Harold Barton is the same person as Alfred Binnetti who is the same person as hundreds of other parents. Actually I have pseudonyms for several thousand parents and Los Altos residents who all purport to be against a private take-over of our school system. They are all me.

In reality, all of the LASD parents are absolutely going to LOVE that their school will be closed and that they now need to drive across town to a more crowded campus. They won't mind that the school they worked so hard to perfect will now be demolished by a bunch of well-connected rich people and their lawyers.

Keep thinking that. Don't worry. See you in court. See you in the papers. Look forward to the WHOLE WORLD getting to see what you are doing to one of the best school districts in the country.

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