AG: Charter school’s contract with firm illegal

April 10--ALBUQUERQUE, N.M. -- A Farmington-based virtual charter school has broken state law by giving a for-profit company, an online curriculum provider, too much authority over the school's operations, according to Attorney General Gary King.

King issued an opinion April 1 stating that New Mexico Virtual Academy's contract with K12 Inc. violates New Mexico's charter school law by allowing the Delaware-based company to have input on budget, insurance and facility decisions.

"K12's administrative and managerial responsibilities under the agreement are significant ...," King wrote, noting the state's charter school law doesn't allow for-profit companies to manage charter schools.

Attorney general opinions in New Mexico are not binding.

The virtual school issued a statement Wednesday that said officials hadn't had a chance to read King's opinion but "generally disagree" with his assessment. "The (Virtual Academy's) Governing Council has absolute control of the oversight and management of our school," said Larry Palmer, governing council president.

Palmer also said he believed King might have based his decision on an outdated contract.

That doesn't appear to be the case, however. The school signed a contract with K12 Inc. in May 2012, but updated the contract in October 2013. The Attorney General's Office provided the Journal with a copy of the contract upon which King based his opinion. It appears to be the updated version of the contract.

The virtual school is authorized by Farmington Municipal Schools. In New Mexico, charter schools can be authorized either by a local district or the state. The virtual school serves sixth through 12th grades and has 496 students, according to the Public Education Department.

Farmington Municipal Schools will monitor how the virtual school responds to the situation, Superintendent Janel Ryan said. School districts that authorize charter schools can't tell charters what curriculum to use, but they do reauthorize schools annually, Ryan said.

Sen. Linda Lopez, D-Albuquerque, asked King to issue an opinion on the school's contract, according to the Attorney General's office.

Similarly, two Democratic lawmakers recently asked King for an opinion on Santa Fe Public Schools' move to hire a private firm to run a program aimed at retaining students in danger of dropping out and bringing back those who have left. The program is to be offered through the Santa Fe school district.

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