Alaska Supreme Court rejects state petition to take up Fairbanks charter school dispute

The Alaska Supreme Court declined to take up a case that could have compelled the Fairbanks North Star Borough School District to open a charter school in August. 

The Supreme Court denied an emergency petition on Monday filed by the state and a charter school group to overturn a lower court’s decision and force the district to open the Pearl Creek STEAM charter school. Charter group advocates now say it is unlikely the contested school will open in August.

In a rare move, the Alaska Acting Attorney General Cori Mills petitioned the high court last week on behalf of the charter group to overturn the state court’s decision. 

At issue is whether the Fairbanks school district must open a charter school whose application it denied, but which was later approved by the Alaska State Board of Education. 

The Fairbanks school board last year unanimously denied the Pearl Creek STEAM charter school — focused on science, technology, engineering, arts and mathematics – citing a variety of problems with the proposal and the millions in cost to the district. The charter group proposed the school at the site of Pearl Creek elementary school, which was one of three schools closed last year amid severe budget cuts.

The group behind Pearl Creek STEAM opposed the decision, arguing it had a strong proposal and community support backing the new school. The group appealed to the Alaska State Board of Education which approved the application on Apr. 29, overruling the district. The district has appealed that decision in court. The case is ongoing, and a decision is expected in October. 

Bobby Burgess, president of the Fairbanks North Star Borough School District, said by email on Tuesday the district welcomed the Alaska Supreme Court’s decision.

“Both the Superior Court’s denial of an injunction and the Supreme Court’s decision to decline additional review of that denial demonstrate that the District is acting in accordance with the law in following the administrative appeal process,” he wrote. “We look forward to seeing that process through to the end.”

With the courts’ decisions, and the district’s opposition, opening the charter school in August is highly unlikely, said Michael Kramer, an attorney for the Pearl Creek STEAM charter group. 

“Unfortunately, I think that the clock has run out to open this year,” Kramer said. “The Supreme Court was really our last chance to get them to weigh in on Monday or Tuesday in time for the teachers’ positions to be posted and comply with union bargaining agreements, as far as hiring staff.”

“I don’t want to say all is lost for this year, but every day that passes, it becomes, you know, increasingly difficult,” he added. 

The Pearl Creek STEAM charter group has maintained in court that the district should comply with the state board’s decision to approve the school, even while the district pursues an appeal.

“The Legislature has made it very clear through their statutory regime on charter schools that the state board has a final say, and once the state board approves a charter application, it doesn’t matter what the district thinks about it, they’re required by law to operate the school,” Kramer said. 

“We are still pursuing every available path forward,” said Jennifer Redmond, a Fairbanks parent and treasurer for the Pearl Creek STEAM group by text on Tuesday. 

“Since receiving the state approval in April, we have sought cooperation, including offering mediation. A delayed start remains possible,” she said. “And we remain committed to creating opportunities for students, families, and teachers while preparing to open as soon as the approval, granted by the State, is fully implemented.”  

On Monday, the group behind the Pearl Creek STEAM charter school filed two motions in court, one arguing for a reconsideration and for the Fairbanks superior court to order the district to agree to open the school.

The charter group argued the court’s decision was mistaken, and that the Fairbanks district should have been required to open the school following the state board’s decision in April. 

“The Court should have entered a declaratory judgment that the District was obligated to undertake all reasonable efforts to operate the school. This judgment could then be enforced via a contempt order if necessary,” Kramer said. 

A decision from the judge on whether to reconsider is due within ten days. 

Another motion filed Monday opposes the district’s petition for a stay, which would block the state board’s approval of the new school.

The district’s attorneys argued a stay was necessary, and in the public’s interest, “to prevent a chaotic and rushed opening of a charter school during summer vacation that does not even have a building. If forced to open a charter school in two months before classes start, the district will be irreparably harmed.”

The Pearl Creek STEAM group urged the court not to grant the stay, saying the district should not further delay opening the school but comply with the state’s approval. “Granting the District a stay at this point would just serve to further reward a flagrant and unexcused failure to abide by a mandatory legal duty,” Kramer wrote. 

A judge will decide whether to grant the district a stay, but the schedule for a decision is open-ended.  

As the court dispute continues, the commissioner with the Alaska Department of Education and Early Development, Deena Bishop, has threatened to withhold state funding from the Fairbanks district if they did not move forward with opening the school. Fairbanks school officials responded on Thursday saying in part, the district “will not be bullied” into unlawful demands.