A San Francisco judge has ruled that a Sausalito public charter school does not have the right to an official seat at the table in a desegregation plan underway in the Sausalito Marin City School District.
San Francisco Superior Court Judge Ethan Schulman said Willow Creek Academy, which is authorized by the district, “is not entitled to intervention” in the plan because it lacks a sufficient “interest relating to the property or transaction which is the subject of the action” — in this case, the mandatory desegregation of a district school, Bayside Martin Luther King Jr. Academy in Marin City. The desegregation, to be accomplished within five years, was ordered as part of an Aug. 8 settlement with the district and a simultaneous judgment issued by state Attorney General Xavier Becerra.
“Willow Creek Academy contends that it has a direct interest in the action because of the potential adverse effect on it of several different provisions of the (Becerra’s) judgment,” Schulman wrote. “None, however, rises to the level of a direct and immediate interest that would entitle WCA to intervene as of right.” He said although the charter school asserts financial hardship caused by district actions, “that is an ‘indirect’ and consequential interest, not a direct interest,” the judge writes in the ruling.
The denial also applies to the city of Sausalito, which was granted amicus curae — “friend of the court” — status in support of Willow Creek’s motion.
The ruling, filed in late January, is a win for the school district, which is in the midst of creating both a court-ordered desegregation plan and a separate but parallel process to unify the two schools into one 500-student high achievement, bilingual, arts, science, math and tech-focused academy. It has not yet been decided whether the unified school would be spread out over the two campuses in Sausalito and Marin City or on just one campus, or whether the school would be a Marin County public school under the Sausalito Marin City School District or some form of charter school. A draft plan is tentatively set to be unveiled March 12.
“We appreciate the work of district counsel and the Attorney General’s office,” district Superintendent Itoco Garcia said Friday. “We believe that the ruling was in accordance with the law.”
Willow Creek is already a partner in the unification effort; at least two Willow Creek officials — head of school Emily Cox and board president Kurt Weinsheimer — are also listed as members of the desegregation advisory group, which had its second meeting Thursday in Marin City. About 35 people attended the gathering, ranging from community members, parents and administrators to public officials such as Janelle Scott, the court-appointed desegregation plan monitor.
“I’m very excited about the progress of the desegregation advisory group and the unification task force, and the efforts of the (citizen and parent) work groups — and our ability to blend the two (plans),” Garcia said, adding that Willow Creek will not be left behind in the efforts. “I’m very optimistic about the ability of the district to come up with some financial support from Willow Creek so that students and staff can feel secure as we finalize planning and move into taking action.”
Jeff Knowles, a Willow Creek board member who attended Thursday’s desegregation advisory group meeting, said the charter school was not happy with the court’s decision but would continue to move forward.
“Although we are disappointed in the ruling and are weighing our options for appeal, we will continue to fight for the right of all students to be treated fairly and equitably,” Knowles said in an email.
“Despite being the most diverse school in Marin County, Willow Creek students and their families continue to be cast aside in the decision-making process,” he added. “Nothing has changed in our view that all students attending public schools in the Sausalito Marin City School District deserve equal access to a quality education — and that the 80% of (district) students attending WCA should not be denied a voice.”
Sausalito City Council member Joe Burns, who also attended Thursday’s meeting, said he was peeved because neither he nor other members of the council were invited to attend the advisory group. He said he just found out about the meeting at the last minute in a random conversation. Becerra’s judgment does specify that Sausalito officials be included in the process, Burns said.
“We have not been invited to join the conversation,” Burns said. “We tried to get on the Zoom (remote online meeting participation) channel, but that didn’t work. They’re doing everything they can to keep us out.”
Garcia said Friday that he had invited Burns personally to the first advisory group meeting on Dec. 19 and extended other invitations to Burns in subsequent interactions.
“We very much want the (Willow Creek and the Sausalito) community at the table,” Garcia said.