Judge Rules Against State Effort to Close BlueSky

should not be closed, according to an administrative law judge ruling issued Tuesday.

It’s now up to Education Commissioner Brenda Cassellius to decide whether to follow the judge’s ruling or take the case back to court.

The Minnesota Department of Education has tried to close the school, asserting that the curriculum did not meet state standards and that some students were graduated without meeting state graduation requirements.

The school has been critical of the review process, and claims that their curriculum was appropriate.

“We’re delighted with the findings,” said BlueSky Director Don Hainlen.

A statement released by the department confirms receipt of the ruling and says the commissioner “is reviewing it carefully and will make a decision within the required statutory time lines.”

The ruling by Raymond R. Krause states that while BlueSky was not in “complete compliance,” the Department of Education did not establish a “history of major or repeated violations of law.” Krause recommends that the termination of BlueSky’s charter contract be rescinded and the case against the school be dismissed.

“By and large, he speaks strongly to the things that we’ve been maintaining,” said Hainlen. “We’re still looking at some of the things he said and how he came to that conclusion, but that’s OK. That’s part of the process.”

One of four allegations against the school was upheld by the judge. The omission of one math benchmark was found by an expert hired by the school itself.

The West St. Paul charter school’s administration proposed over the summer that acquire them as a way to potentially carry on the program should it be closed or expand should it be allowed to operate.

Since then, the district has had a change in leadership from former superintendent Jay Haugen who was part of the initial discussion to interim superintendent Tom Nelson.

Nelson recommended Monday night that the district should not pursue acquiring the school, which was agreed upon by the council.

Aside from the charter school’s legal problems, Nelson cited the unknown financial investment, potential difficulties integrating BlueSky teachers into the district’s bargaining unit, curriculum concerns, uncertain student achievement and a lack of technology support staff in the district as a few reasons why the district would be better served establishing its own online program.

“At least right now I don’t feel this is good venture for our school district,” said Nelson.

Hanlein said Tuesday morning before the ruling was issued that he respects Nelson’s decision, and that the school is courting a consortium of districts with the same proposal.

“We’re making maneuvers as though we’re going to be here and stronger than ever.”

The deadline for a ruling from the administrative law judge was next Monday.

Each side now has 10 days to respond to the ruling. The commissioner has 90 days to make a decision.

 “This Thanksgiving is looking awfully good for us at BlueSky,” said Hainlen.