State panel sets April hearing on revoking La Tierra Montessori School's charter

Mar. 16—The New Mexico Public Education Commission, which oversees state-chartered schools, unanimously voted Thursday to reissue a notice of its intent to revoke the charter for La Tierra Montessori School of the Arts and Sciences, following allegations by school officials the commission had violated the Open Meetings Act when it initially took the action.

A revocation hearing, examining evidence of the recent performance of the small school in Ohkay Owingeh, is scheduled April 20.

Commissioners cited the school's failure to remedy safety concerns, troubling audits, alleged lack of cooperation with tribal officials and ongoing problems providing special education services.

Members of the La Tierra governing council did not appear at the commission's public meeting to refute the claims.

In a message to The New Mexican after the meeting, however, La Tierra Governing Council President Isaac Casados said the council looked forward to demonstrating its work to address the commission's concerns.

"We remain committed to the safety and educational wellbeing of all students — ensuring students have a school where they can continue to thrive," Casados said in the statement.

La Tierra, which serves about 90 students in kindergarten through eighth grade at a facility on Ohkay Owingeh land north of Española, has been subject to scrutiny by the Public Education Commission for months. The commission issued an initial notice of intent to revoke the school's charter in February, but Casados and the governing council claimed the decision occurred in violation of state law.

Commissioner Steven Carrillo of Santa Fe said there was "a big gray area" regarding the alleged violation, and the commission wanted to remove ambiguity.

"Rather than risk that delaying any of the proceedings, we all felt it best to have another meeting where this was the primary item on the agenda and there could be no question about how it was listed and what we talked about and that we voted on it," Carrillo said in an interview.

Thursday's commission meeting revealed two new potential violations of La Tierra's charter.

The commission heard allegations La Tierra failed to consult with Ohkay Owingeh officials. Tribal consultation between local education agencies and affected tribes is required by law, state Public Education Department documents show.

Commissioners also considered an audit with 11 findings, including three material weaknesses and five issues of noncompliance. The audit report was not yet available for public review.

Julia Barnes, the commission's attorney, said the number of violations warranted consideration.

Commissioners also reiterated concerns about the school's lack of special education services and safe facilities.

"I understand the commitment that the pueblo put into the building, but that building has deteriorated to an appalling condition. Children should not be in that school," Commissioner Patricia Gipson of Las Cruces said.

"As much as we might love this building or this space because it's super special and it houses our school, it's probably a property that would never, ever in its current state be approved for a school," Carrillo added.

The hearing in April will determine whether the school's charter will be revoked, meaning it would no longer be able to operate.

Parents of La Tierra students, many of whom recently protested the governing council's response to the state's concerns and started a petition seeking Casados' removal, remain worried about the possibility of closure.

A dozen current and former parents voiced their concerns at Thursday's meeting about shuttering the school, saying it would remove the only learning environment in the Española Valley that works for their kids.

"We are here in front of you begging for any help we can get. We love this school. It is good for our community; it is good for our children," one mother said.

Parents asked for the commission's help in removing La Tierra's governing council, which they blame for many of the ongoing issues on campus.

But Gipson said the commission doesn't have the power to do that.

"Our hands are tied," she said. "It is frustrating, but there is nothing that the Public Education Commission can do in regards to a governance council that isn't — in anyone's view — acting appropriately."