Judge's ruling paves way for NY-based charter network to take over struggling SA school

Stewart Elementary School to become part of Democracy Prep starting July 1

SAN ANTONIO – A judge’s ruling Monday morning clears the way for a New York-based charter network to take over a struggling San Antonio elementary school.

The San Antonio Alliance of Teachers and Support Personnel sued the San Antonio Independent School District over its decision to have Democracy Prep Public Schools — “a network of open-enrollment, high-performing, public charter school,” as it bills itself on its website — take over the operations of Stewart Elementary School, a low-performing campus.

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PREVIOUSLY: SAISD employees union, district clash in court over Stewart Elementary School

Judge Karen Pozza denied the union’s request for a temporary injunction against the school’s takeover. With the ruling, the charter contract is cleared to go into effect July 1.

SAISD officials said Stewart Elementary has struggled for years to meet state standards. They said the best way to save the school without closing it is to allow Democracy Prep to take over.

Students will be allowed to stay at the school or request a transfer, and school employees will be give the opportunity to reapply for their jobs or seek a transfer to another school, per contract language between SAISD and Democracy Prep.

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Alliance president Shelley Potter released the following statement in response to the judge’s ruling:

We are disappointed that Judge Pozza denied our motion for a temporary injunction, but we are pleased that she overruled motions by San Antonio ISD and Democracy Prep to dismiss our lawsuit. Our arguments have not changed. San Antonio ISD, in its haste to turn over a neighborhood school to a New York-based charter chain, violated state law by refusing to consult with faculty and parents at Stewart Elementary and the entire Stewart community. Democracy Prep doesn’t have a stake in our community and doesn’t know the needs of Stewart’s students. We do, and we will continue to fight for their best interests. Now, we will consult with our attorneys before deciding our next legal step.”

SAISD spokeswoman Leslie Price released this statement in response:

We are pleased to be moving forward in implementing this partnership for Stewart Elementary. The District continues to believe that it met all the requirements under Texas law in entering into the agreement with Democracy Prep."

One reason we chose Democracy Prep is because they have such a strong track record of academic performance in their schools, including graduation and college-going rates. Democracy Prep also focuses on the whole child through its civic education program and is committed to aligning with SAISD’s shift towards implementing a districtwide restorative justice model. The school will continue to be part of San Antonio ISD and will serve the Stewart community, with performance oversight by the SAISD Board of Trustees."

The district released the following statement Friday in regard to the Alliance's allegations that the district broke state law, claiming that district officials didn't consult with teachers and parents about negotiations with Democracy Prep before contracts were signed:

We believe that the process the District followed in entering into the agreement with Democracy Prep was in accordance with Texas law. The Texas Education Agency (TEA) has reviewed the agreement between SAISD and Democracy Prep Public Schools and has stated that the District was not required to consult with the campus staff. Even with that TEA ruling, the District did consult with staff. Our process has been consistent for the last three years as we have made significant changes to campuses, including phasing out some middle schools and increasing the number of PK-8 academies."

SAISD attorneys have said they have proof that district officials met with faculty and teachers twice before the contracts were agreed upon.

KSAT's Sarah Acosta and David Ibanez contributed to this report.