High School District appeals charter school ruling

The San Benito High School District plans to appeal a superior court decision that upheld the County Board of Education’s approval of the Polytechnic Academy charter school. 

SBHSD Superintendent Dr. Shawn Tennenbaum said Polytechnic Academy would “have a profoundly negative impact on the district’s most vulnerable students” by displacing existing staff, funding and other resources. 

The county board said in an April 3 statement that the expenses associated with the litigation will divert public funding away from local education efforts and programs. 

Last year, the San Benito High School District sued the County Board of Education to challenge its approval of the San Benito County Polytechnic Academy charter school. 

“The district’s lawsuit sought to interfere with the County Board of Education’s lawful operation and exercise of its authority to approve charter schools that will provide increased learning opportunities for San Benito County students,” the county board of education said in response to the SBHSD lawsuit. 

In October 2024, the San Benito County Superior Court denied the district’s petition and found in favor of the county board, the county office of education said. 

“The court found that the county board considered the factors required by law and did not abuse its discretion when it approved Polytechnic Academy’s charter petition,” says the board’s statement.

On March 3, the district filed a Notice of Appeal. The district did not notify the county board that it would file an appeal, nor did the district attempt to resolve any outstanding issues without further litigation, says the county office’s press release. 

“The district’s decision to appeal continues the unnecessary and wasteful litigation brought by the district over a year ago,” the release continues. “The district is, again, choosing to spend its general fund dollars not for the benefit of district students, but on litigation that seeks to deprive those same students—and students across San Benito County—of increased educational opportunities, as intended by the California Legislature.” 

The district’s decision to seek an appeal requires the county board of education to spend time and money on legal services—resources that otherwise would be used for local students and educators, the county office added.  

“It is unfortunate that the district has chosen to continue wasting precious public funding in order to deny learning opportunities to students,” the county board’s statement continues. “The County Board of Education stands ready to defend its lawful operations and preserve the educational rights of students and families across San Benito County.”

Tennenbaum’s April 3 statement says that “countywide charter schools” such as Polytechnic Academy—which was initially approved in a “unilateral” decision by the county board—should operate throughout the entire county. Polytechnic, on the other hand, “expressly seeks to operate only in Hollister,” says Tennenbaum’s statement. 

“While Polytechnic Academy could have easily presented a traditional charter petition directly to the San Benito High School District for initial consideration, Polytechnic Academy’s petition was instead improperly brought as a countywide petition directly to the county board to avoid any consideration of the local impact on San Benito High School District’s students and staff,” Tennenbaum said. “The district respects but disagrees with the superior court’s decision.”

The superintendent noted that Polytechnic’s charter petition was unanimously opposed by SBHSD teacher and staff unions. 

“The reality is that Polytechnic Academy will have a profoundly negative impact on the District’s most vulnerable students,” Tennenbaum added. “Polytechnic Academy seeks to displace identical programs already offered by the district, which will result in loss of district staffing, funding and critical services for our at-risk students, as well as all students.”