District aims to freeze funds
Judge asked to lock down assets of embattled charter school
Oklahoma City Public Schools, alleging obstruction on the part of an embattled Seeworth Academy, is asking a judge to freeze the charter school's bank accounts and allow the district access to school facilities to collect all equipment, including buses.
The school district, in a motion for a temporary restraining order filed Thursday in Oklahoma County District Court, argued it has "an immediate need for the equipment, furniture, and records for use at Putnam Heights Academy where it is educating Defendant's former students.
"Pursuant to the Contract between the parties and the applicable law, student, financial and business records as well as the actual property, including all cash and other funds on hand, that Defendant owned on June 30, 2019, were to be transferred to Plaintiff," the motion stated.
In late June, the district assumed control of Seeworth, which serves at-risk students, after t he school's board of directors voted to relinquish its charter and terminate the school' s contract with the district amid findings of "gross neglect and noncompliance" by the state Education Department.
The transition took an unexpected turn shortly before the start of school when the district l earned Seeworth Inc.
would not give up its lease for the school's property. The district quickly relocated Seeworth to the recently closed Putnam Heights Elementary building and unveiled a new name, Putnam Heights Academy.
In a separate court filing, Oklahoma City Public Schools is asking a judge to prohibit Seeworth from disposing of records and property owned by the school system and require that “all real and personal property, including all funds, be transferred to Plaintiff as required by law and the parties' contract.”
“Defendant has obstructed Plaintiff's attempts to obtain records and/ or personal property, including but not limited to, buses, technology equipment, football and athletic equipment,” a petition for temporary and permanent injunction stated.
“Plaintiff will suffer immediate and irreparable harm without the above identified records and property. Plaintiff is now providing educational services to students previously enrolled in Academy and needs those students' educational records to determine student placement and to be able to prepare students' transcripts.”
District officials contend Seeworth is in violation of the Oklahoma Charter Schools Act, which states that any personal property purchased with state or local funds shall be retained by the sponsoring school district upon termination of the charter school's charter.
“We are extremely disappointed that Seeworth, an entity created to serve some of our city's most vulnerable students, has been unwilling to adhere to the agreed upon terms of their closing, thereby forcing OKCPS to take action in the courts,” said Beth Harrison, the district's chief communications officer. “We do, however, look forward to working through the legal process to find a timely resolution to these issues so OKCPS can finally focus our time and resources on serving the students of Putnam Heights Academy.”
In March, the state agency reviewed activities associated with the school's federal program funds and found the school to be “seriously deficient in the areas of transparency, accountability, and policies and procedures as they relate to the school's federal funds,” according to documents obtained by The Oklahoman.
“Based on the O SD E' s (Oklahoma State Department of Education) review of these matters, multiple artifacts exist to demonstrate gross neglect and noncompliance with both state and federal laws and regulations,” according to correspondence between the agency and the school.
In a letter addressed to Janet Grigg,Seew or th' s then-executive director and superintendent, the agency's lead attorney said there was evidence the school's administration had “failed to properly account for taxpayer funds, failed to properly maintain accounting records related thereto, as well as failed to provide services to students with disabilities.”
The attorney, Brad Clark, requested in the letter that Grigg provide or otherwise make available school financial records “that are reportedly currently being stored for possible tampering or destruction at a private residence in Talihina, Oklahoma.”
Last month, the state Board of Education voted to request an audit of Seeworth.
“With any closure there is a process to completing the books and closing that out,” state schools Superintendent Joy Hofmeister said after the Aug. 22 board meeting. “The state board is asking for assistance from the state auditor inspector with this task. So that will go forward now. We want to keep our focus on students and making certain that Oklahoma City has what they need to be able to move forward, as well.
“We are where we are for a reason. We need to have confidence that we have all of the records that are needed.”