Kevin Huffman took just one month after his appointment as Commissioner of Education in April 2011 to choose former CEO of YES Prep Charter Schools as Superintendent of Tennessee's new Achievement School District, the State office that would coordinate the charterizing of Memphis and Nashville schools.
At that time, the betting started on how many months it would take for Yes Prep, where Barbic had been CEO prior to coming to Tennessee, to claim a piece of the action in the lava-hot charter market in Memphis.
It took just over 24 months, and in September 2013, YES Prep announced plans to
open six (6) new charter schools in Memphis.
Now it looks as if one of the jilted would-be profiteers who missed a cut of the action is suing Huffman and Barbic in Shelby County's 30th Judicial District of Chancery Court. Stay tuned.
The following report is from TNParents.org:
A
MULTI-MILLION DOLLAR CIVIL LAWSUIT HAS BEEN FILED AGAINST KEVIN
HUFFMAN, CHRIS BARBIC, TENNESSEE DEPARTMENT OF EDUCATION, TENNESSEE
ACHIEVEMENT SCHOOL DISTRICT, NATIONAL ASSOCIATION OF CHARTER SCHOOL
AUTHORIZERS AND YES PREPARATORY ACADEMY
Rodney O. Ursery, J.D. and Clara D. West, Ph.D. are the Plaintiffs Who Filed the Lawsuit In Pro Se
Memphis, TN (September 8, 2014) – Rodney O. Ursery and Clara D. West,
two former applicants for a charter operator’s authorization for the
2014/2015 school year, have filed a multi-million dollar lawsuit against
Kevin Huffman, Commissioner of Tennessee Department of Education
(“TDOE”); Chris Barbic, Superintendent of the Tennessee Achievement
School District (“TASD”); as well as the TDOE and TASD; along with two
other defendants: the National Association of Charter School Authorizers
(“NACSA”) and YES Preparatory Academy (“YES Prep”).
Among the thirteen causes of action, the complaint alleges unfair
business practices, violations of Tennessee Consumer Protection Act,
civil conspiracy, and violations of constitutionally protected rights.
The lawsuit seeks a court order prohibiting YES Prep, a charter school
enterprise headquartered in Texas, from opening schools that it
illegally obtained in Memphis, Tennessee. The civil action, which also
requests a jury trial, was filed in the 30th Judicial District Chancery
Court, Shelby County, Tennessee.
Ursery states, “For far too long, it has been recognized and stated in
the court of public opinion that Huffman and Barbic have utterly abused
the power of their positions when it comes to regulating the Tennessee's
school system. Now, I’m confident that their reign of terror, which has
been plagued with conspiracies among crooks and cronies, will finally
be revealed in a court of law, that is, if justice prevails.” West
added, “It's as if we have to fight Brown v. Topeka Board of Education
again. Our proposal offered equity in education through student-centered
learning using individualized learning plans and iPads, just like the
countries that consistently outrank the U.S. in education. We were
unfairly denied the opportunity to help educate the lowest-performing
students, who the system has already left behind and identified as the
future prison population. It's all about leveling the playing field.”
According to the complaint, the defendants deliberately designed and
implemented discriminatory selection and approval practices, customs and
procedures to deny Plaintiffs’ application. The lawsuit further alleges
that during the time when TASD solicited Requests for Qualification to
apply for a charter operator’s authorization for the 2014/2015 school
year, Barbic, TASD and NACSA conspired to approve charter operator’s
authorization(s) for the 2015/2016 school year, an opportunity, which
was made available only to YES Prep. It is alleged that Barbic, founder
and former Chief Executive Officer of YES Prep, illegally authorized YES
Prep to seize nearly 6,000 elementary school students in Memphis, TN.
Moreover, the lawsuit alleges that NACSA, who “partnered with” TASD to
provide support and management services for the application process, is
not a “professional” organization. NACSA does not have any
government-approved, professional standards of operations; nor state
licensing or certification; and it is not subject to any government
agency, review board or code of ethics to govern its acts. Finally, the
lawsuit states that Huffman and TDOE enacted a regulation which granted
Barbic and TASD carte blanche to deny due process to applicants who are
denied charter operator’s authorizations as there is absolutely no
redress, grievance or appeal process to review any of the defendants’
actions.
For more information, contact the plaintiffs at: ru4justice@facebook.com or 901.300.0162.
This
lawsuit is brought by two individuals claiming $10 million in damages
because they were denied charter operator authorization by the ASD. $10 million dollars!!! Those damages are a clear-cut case for how profitable a charter operator authorization can be.
Interesting how a potential charter school is suing some big guns in TN over unfair business practices, isn't it?
We've heard for years how there is a severe case of the good ol' boys
club, "I'll scratch your back if you scratch mine," nepotism within the
TN DOE between other self-serving high-dollar organizations like the
Chamber of Commerce and SCORE.
It is hard to ignore the evidence of that nepotism when you read how:
- TN pays more than any other state
for Teach for America temporary teachers through a $6+million NO-BID
contract signed by Kevin Huffman, who formerly had a cushy job at Teach
For America.
- Our
public schools are strangled, teachers and administrators are cut, and
then the students, buildings, and tax dollars are handed over on silver platters
along with generous grant dollars and tax incentives to their buddies'
charter chains (like YES Prep, where ASD Superintendent Chris Barbic has
very close ties and has richly profited from).
- The ASD schools have worse results than
the public schools they killed ever did, but the ASD schools aren't
feeling the wrath of the TNDOE's micromanaging and bullying like the
public schools.
- Charter schools are making some people very, very rich.
- Charter schools get preferential treatment within districts and the state:
- charters are exempt and/or given waivers from TCAP score accountability (especially if they are friends and/or donors to politicians)
- charters
are exempt from giving the expensive and time-consuming benchmark RTI2
assessment tests that public schools are now being forced to do by
the TNDOE.
When we allow corporate greed to infect public education, it is to be
expected that profiteers will attack each other over business practices.
We hope that this lawsuit will shine a light on these shady practices.
Perhaps
this isn't "dog eat dog" but more like a pack of dogs attacking public
schools. If the plaintiffs win, where will that $10 million come from?
Public school funding???
Winners = lawyers + charter operators
Losers = students
Interesting
legal tidbit: This suit has been filed in Shelby County in the 30th
Judicial District Chancery Court. Jim Kyle, former TN Senator, is a new
chancellor in that court. A new chancellor will be appointed to fill in
for Kenny Armstrong, so there is quite a bit of turnover in that court
right now.