FOCUS D.C. Public Charter School Bulletin

July 16, 2008

--Save Our Schools Suit Against Two Rivers PCS Thrown Out; No Proof, Judge Rules
--Government Issues “Request for Expressions of Interest” on Closed School Buildings; Charters will have to Compete with Developers and Non-Profits

Save Our Schools Suit Against Two Rivers PCS Thrown Out; No Proof, Judge Rules

Nearly four years after it began [see FOCUS D.C. Public Charter School Bulletin September 7, 2004, at http://www.focusdc.org/news/news.asp], the law suit filed by the virulent Ward 6 anti-charter group Save Our Schools against Two Rivers PCS has ended in dismissal. Judge Henry H. Kennedy, Jr., of the United States District Court for the District of Columbia, ruled that the SOS plaintiffs had failed to demonstrate that their children’s schools had lost revenue because of enrollment declines caused by Two Rivers’ opening in September of 2004, and therefore lacked standing to bring suit. Judge Kennedy earlier had ruled [Bulletin July 20, 2006] that Save Our Schools had no standing to challenge the admissions policy of Two Rivers Public Charter School, which, according to SOS’s September 2004 complaint, discriminated against black students.

Government Issues “Request for Expressions of Interest” on Closed School Buildings; Charters will have to Compete with Developers and Non-Profits

As promised [see FOCUS D.C. Public Charter School Bulletin July 2, 2008, at http://www.focusdc.org/news/news.asp], the Fenty administration has invited commercial developers and non-profits to compete against charter schools for eight closed school buildings. The invitation comes in the form of a lengthy document called a “Request for Expressions of Interest” [RFEI]. In it, the government invites “any and all interested non-profits and for-profit entities” to join “pre-qualified” public charter schools (of which there are 16) in submitting proposals for the “creative reuse” of Backus MS, Clark ES, Grimke ES, J.F. Cooke ES, M.M. Washington HS, Rudolph ES, Taft Center, and a 1911 school building on the site of Randle Highlands ES. The RFEI notes that “[t]he District’s overarching goal” is “to obtain creative ideas for reuse of the sites.” The government intends to use the responses to the RFEI “to inform District decision making regarding the most appropriate and viable use for each site.” Following an evaluation of the responses, the Fenty administration may “enter into negotiations with a selected Respondent” or “include selected Respondents...in any subsequent competitive process.”

On June 13, the public charter schools were invited by the Office of Property Management to exercise their legally-mandated right of first offer on seven of the eight buildings, but were given no mechanism by which to do so. Schools (and FOCUS) inquiring as to the procedure were told that it was under development. However, no bid process or timeline was announced by OPM prior to the release of the RFEI last Friday.

Even so, a well-placed Fenty administration official told FOCUS on Monday that the issuance of the right of first offer notice on June 13 satisfied the government’s obligations to the charter schools. That no charter school made an offer on any of the seven buildings means that the right to bid first on these buildings has essentially been forfeited. This view is not shared by FOCUS (and certainly not by the schools), which will continue to press the administration to honor its legal obligations.

The RFEI provides all the detail that the one-page right of first offer notice did not. Fourteen pages long (with 51 pages of appendices), it provides guidance to potential respondents on submission requirements and deadlines and on the process by which submissions are to be evaluated. As to the latter, to be competitive, proposed uses must “maximize” District goals for these buildings, defined as providing space for charter schools, non-profit service providers, or “District government operations”; create new workforce/affordable housing opportunities; promote neighborhood revitalization; “optimize the unique amenities of each site (e.g., gymnasiums, cafeterias and multipurpose space”; and promote sustainable development practices. Respondents must also demonstrate that they have a “successful track record of implementing high quality public/private projects involving reuse of public assets”; adequate financial capacity; and a “track record of implementing effective strategies for engaging affected communities,” among other qualifications.

”Pre-qualified” charter schools must demonstrate in their responses to the RFEI that they meet all of the above requirements and the many others listed in the RFEI, casting doubt on the value of the prequalification process and further doubt on the administration’s commitment to making sure that charter school kids can go to school in suitable school buildings.


Friends of Choice in Urban Schools
1530 16th Street, NW #104
Washington, DC 20036
(202) 387-0405 phone
(202) 667-3798 fax
www.focusdc.org