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A new charter school linked to a residential treatment center for troubled youths generated more debate between Utah's top school boards on Friday.
During a visit to the Utah Board of Education's monthly meeting, members of the state Charter School Board were pressed for specifics on how separation would be enforced between the Eagle Summit Academy charter school and West Jordan's West Ridge Academy.
The state school board initially denied Eagle Summit's charter application in February to allow for an investigation into allegations of financial insolvency and child abuse at the private school currently operated by West Ridge Academy.
Board members approved the charter in March after adding caveats that prohibited the blending of funds and personnel between Eagle Summit and West Ridge, and that a safety plan be developed to protect charter school students from the youth residents of the treatment center.
But Howard Headlee, chairman of the charter school board, said there was no need for the added provisions because they are already required by Utah law.
"We see the concern and we agree with the concern," Headlee said. "We just plan on moving forward as required by state law and [school] board rule."
Headlee told members of the state school board that identifying specific laws in agreements between Eagle Summit and the State Charter School Board could downplay the importance of other laws.
"It creates ambiguity in the contract," he said.
But board members Leslie Castle and Laura Belnap, who opposed Eagle Summit Academy in March, said an understanding that additional protections would be in place was a factor in the charter school securing a majority vote of board members.
Belnap said the hybrid structure of Eagle Summit, which will enroll students from the West Ridge treatment center as well as trauma-sensitive youths from the area, creates unique and specific challenges within the state's public education system.
"I believe that the safety plan is in board rule and in law," she said. "However, I don't believe the specificity of not commingling funds with a private and a charter entity are part of that."
Eagle Summit is scheduled to open its doors next fall. It will replace the private school at West Ridge Academy and will be located on the West Ridge campus, with some buildings and spaces shared by the two entities.
The charter school's board includes former members of the West Ridge advisory council, and the treatment center's academic director, Paul Keene, is slated to run the new charter school
During debate over the charter school's application, the charter board and state school board heard testimony from former students who accused West Ridge staff of using violence as a disciplinary action against rule-breaking and misbehavior.
And the Utah Office of Education's investigation into the treatment center identified several lawsuits against West Ridge that were settled out of court.
Representatives of Eagle Summit were joined by Dan Griffiths, a former member of the state school board, when the charter made its case before the state school board in March.
A records request by The Salt Lake Tribune also revealed that Sen. Lincoln Fillmore, R-South Jordan, who works privately as a charter school consultant, texted two school board members during a March meeting to encourage support for Eagle Summit.
In the text messages, sent separately to Belnap and board member Jennifer Johnson, Fillmore requested that they call him about Eagle Summit Academy.
"Yes, senator," Belnap replied.
"Oh geez. Not calling as a senator!" Fillmore wrote to Belnap, followed by an emoji of a smiling cat, before disclosing that he worked with the school in drafting its charter application.
"I think the scrutiny they've faced regarding past allegations have been appropriate. I hope that the investigation has resolved things," he wrote in another text to Belnap, before adding "Anything I can offer to sway you in favor?"
Fillmore said he contacted Johnson and Belnap individually because he has relationships with them from his work in the charter school industry.
He said his company, Charter Solutions, does not have a contract with Eagle Summit and the work he did preparing their application was done outside of his role at the company.
"My only goal was to try and find out if there were any other lingering concerns that the investigation didn't answer," he said. "I think that it was totally appropriate for the state [school] board to really look very thoroughly into that to make sure everything was properly vetted."
Belnap said it was atypical, but not troubling, to receive a personal text message during a meeting from a member of the Utah Legislature.
"I didn't find it to be odd because I know that Sen. Fillmore is involved in charters," she said.
But she added that the charter school board's position that no additional oversight of Eagle Summit is necessary leaves some uncertainty, as the Board of Education's approval was contingent on added requirements.
"I think there needs to be, still, some discussion," she said.
Twitter: @bjaminwood