Search
Login
Register

Private special ed school might be forced out of building

Competition for students, space continues in southeast Michigan

Mon., March 24, 2008

An agreement between Birmingham Public Schools and a Jewish congregation might force a small, private special education school to relocate or close, according to a school founder. The case is an example of the competition in southeast Michigan between conventional public schools, public charter schools and nonpublic schools for students and space.

Learning Circle Academy, a private school for students with complex learning disabilities, has rented space for four years in the Laker Educational and Youth Complex in West Bloomfield. Started by two parents as a nonprofit tutoring program, it is now a registered nonpublic day school serving 30 students with learning disabilities or autism spectrum disorder.

Bonnie McDonald, one of the school’s founders, told Michigan Education Report that she had hoped to work with the West Bloomfield Parks and Recreation Department this summer on a therapeutic camp for youth with disabilities at the site, as well as summer programs in cognitive training and a social skills group.

But the Laker building is owned by Congregation Shaarey Zedek, which purchased it in 1996 from Birmingham Public Schools. As part of the original sale, the school district and the congregation signed an agreement which limits the private educational uses of the former elementary school to programs that do not cause the school district to lose revenue.

The agreement allows such noncompetitive programs as nursery school or weekend religious schools, but prohibits any educational use resulting from parents choosing to send students who are assigned to the Birmingham school district to a program offered at the Laker building instead.

The congregation was not aware that leasing space to Learning Circle Academy could violate that agreement, according to Janet Pont, the congregation’s executive director. The school’s current lease expires on June 30, after which Learning Circle Academy may not use the building, she said.

"It has nothing to do with the congregation and everything to do with the school district," Pont said. "They feel that we may be taking students out of their district that they would potentially get funding for."

McDonald said only a few of the students who attend Learning Circle are residents of the Birmingham district. The school enrolls youth from Oakland, Washtenaw, Wayne and Macomb counties, she said.

"If we are put out of the building, we will be at risk of losing our status as a registered nonpublic school," McDonald said. She is working with a real estate agent to find a new location.

"Our plans are to speak with people to try to see if we can convince them to help us acquire property," she said. Another alternative is to continue to meet with students at a different location under an arrangement in which the students would be considered home-schoolers.

The building is likely to have new owners by the time the lease runs out. Temple Shir Shalom, another Jewish congregation, has signed a purchase agreement with Shaarey Zedek to buy the Laker Building. Although the sale is not expected to be final until later this spring, Temple Shir Shalom has said it will honor any agreements that were in place between the school district and Shaarey Zedek, according to Andre Douville, executive director at Temple Shir Shalom.

He said he could not comment further about Learning Circle Academy because Temple Shir Shalom does not yet own the building.

Richard Perry, the Birmingham Public Schools deputy superintendent for business services, said he learned last fall that a student who resides in the Birmingham district is enrolled at the academy. The student’s parents had contacted the Birmingham district to request additional special education services. Under federal special education law, parents who place their children in private schools may request certain special education services from their assigned public schools.

This is the first time a parent has requested services beyond those the academy provides privately, McDonald said. In this case, the student requested several hours a week of speech and occupational therapy.

Perry contacted both Temple Shir Shalom and Congregation Shaarey Zedek about the request.

"I said, ‘You need to look at the tenant to see if that seems to be a violation of the agreement,’" Perry told Michigan Education Report. He said the district could end up providing services to a student for whom it does not receive per-pupil state funding.

Learning Circle is one example of the competition between private, conventional public schools and public charter schools not just for students, but also for location, particularly in southeast Michigan. There are more than 100 nonpublic school sites in Oakland County, enrolling more than 25,000 students. When an empty school building comes on the market, it often attracts bids from either start-up schools or established schools looking to expand.

When the former Kensington Academy in Beverly Hills, Mich., announced a merger with the Academy of the Sacred Heart in Bloomfield Hills in 2006, "I was inundated with calls" about plans for the Kensington building, said Amanda Chaborek, a former Kensington staff member. "The phone was lighting up."

Most of the calls were from private secular or religious schools, she said. Chaborek is now the communications director at Detroit Country Day, a private school that currently enrolls 1,600 students at four campuses in Oakland County.

Brendan George, a broker with CB Richard Ellis in Southfield, handled the sale of the Kensington site and said his firm, too, received a number of calls from potential buyers. Some wanted to convert the site to housing or an assisted living center, but others represented schools.

The final buyer was Beverly Hills LLC, a company organized in Michigan in 2007, according to state records which list Imad Al-Azem of Franklin as the president. He did not return calls asking for information about the future use of the building.

Birmingham Public Schools has sold a number of buildings over the years, and several are now used as private school sites. The Laker Building, formerly Walnut Elementary, was one of the last to be sold, Perry said. School board members at the time asked for restrictions that would protect the school district from another potential competitor, he said.

Detroit Country Day purchased two former Birmingham schools in the 1970s and 1980s.

"If the same situation happened today, they wouldn’t sell to us," said Gerald Hansen, former Country Day headmaster and now president of the Country Day Fund. "Once the money followed the student, everything changed."

Hansen is referring to Proposal A, which shifted public school operating funding away from local property taxes and to a per-pupil foundation allowance determined by the state Legislature. Under the former system, district funding was determined by the local property tax base and millage levies. Under the new system, student enrollment determines a large share of the school budget.

Facing competition from both public charter schools and private schools, some conventional public schools have avoided selling their closed buildings to either.

The Detroit Public Schools Board of Education, for example, has said it will not lease its empty schools to charter school operators, even though school leaders and law enforcement officials announced in late February that the district has incurred millions of dollars in damage through theft and vandalism at its shuttered sites.

In 1996, state legislators revised the Michigan School Code to say that public school districts may not impose a deed restriction on property for sale that prohibits "lawful public educational use" of that property by the future owner. The revision was intended to prevent conventional public schools from blocking the growth of public charter schools, according to Leonard Wolfe, a former Michigan Senate staffer who helped draft the legislation. He now is an attorney now with Dykema, a Lansing law firm.

The code does not require a conventional public school to accept a bid from a charter school, but it prevents advance restrictions. It does not specifically address private schools.

Elsewhere in southeast Michigan, the Ypsilanti Public School District is considering selling a vacant elementary school to the Hidaya Muslim Community Association and the Muslim Community Association of Ann Arbor & Vicinity for use as a private school, but only because the program "would not adversely impact our school district," Superintendent James Hawkins said. "We would not want to sell to a charter school."

The Ann Arbor association operates the Michigan Islamic Academy on Plymouth Road for preschoolers through high school students, but has outgrown the site and is collaborating with the Hidaya association to move at least part of the school operation to the Ypsilanti site, according to Youcef El-Mohri, president of the academy school board. He said that academy leaders considered expanding at their current site, but later learned that the Ypsilanti building was for sale.

Hawkins told Michigan Education Report that he does not believe the sale would affect his district’s enrollment. He has encouraged the school board to agree to the $3.9 million sale and use the proceeds to help balance the 2008-2009 budget.

The Ann Arbor Academy, a private, nonprofit school in downtown Ann Arbor which serves students with learning disabilities, attention disorders or other learning challenges, signed a lease on an empty factory and converted it to a school, later adding three outbuildings which serve as studios for fine arts programs, according to Peter West, head of school. In operation since 1998, the school’s search committee now is looking for a new location that would put all programming under one roof. School leaders want to stay in the Ann Arbor area, but real estate is expensive, West said.

"As Ann Arbor Academy, we’re getting name recognition and we wouldn’t want to lose that," he said. "When we make the move, we want to make the right move."

#####

Lorie Shane is the managing editor of the Michigan Education Report, the Mackinac Center’s quarterly education policy journal. Permission to reprint in whole or in part is hereby granted, provided that Michigan Education Report is properly cited.

Michigan Education Daily
"Comcast has announced it is expanding eligibility for “Internet Essentials,” a program that provides Internet access to the households of disadvantaged students ..." >>
"Grand Valley State University is extending the application window for new charter public schools ..." >>
"Muskegon Heights will save about $1.2 million this year and next after privatizing clerical workers, custodians and bus drivers ..." >>
"Secretaries in Niles Community Schools have agreed to a new contract that includes a 2.5 percent pay cut ..." >>
"The Saline Board of Education will wait for the state Legislature to act before going ahead with a proposal to require students to recite the Pledge of Allegiance daily ..." >>
"Some Central Michigan University Faculty Association members are suspicious of their union’s voting process ..." >>
"Gov. Rick Snyder joined 25 other governors in recognizing the week of January 22-28 as 'School Choice Week' ..." >>
User Comments
Since 2009, the EFM was allocated $500.5 million in stimulus funds. They tore down a High School and built a multi-million dollar Cass Tech, the structure alone costing $94 million. $45 million was spent for a safety program. $41 million was used to purchase a reading series not needed, $50 million was used to buy all new computers for staff and students. $1.6 million was used for administrative travel and all leadership positions recieved significant raises. The EFM in the first year gave himself a $86,000 raise, including resources from philanthropist contributions, his salalry was somewhere beyond $450,000. This is a leadership who spent more to rent and eventually buy five floors of the Fisher Bldg for office space, paying more than the owner paid for the entire building one year earlier, adorned with rare and expensive artifacts.

Teachers have had pay freezes since 2001, they have had pay cuts, benefit cuts and an additional $500.00 has been deducted from their monothly pay for two years and counting.

Oh the money is in the schools alright, it just doesn't make it to the classroom. >>
except/accept??????? per pupil funding. If you're a teacher, I hope this was a typo. >>
Yes, I am agree with you. Educational equity argument can help, But also cause blowback credits are more popular than vouchers.

Thanks
_______
Daniel

<a href=“http://www.legalx.net” rel=“dofollow”>Find Attorney</a> >>
Yes, I am agree with you. Educational equity argument can help, But also cause blowback credits are more popular than vouchers.

Thanks
_______
Daniel

<a href=“http://www.legalx.net”>Find Attorney</a> >>
Your comment "No one is that poor that they cant provide a boloney sandwich..." was the definition of "out-of-touch". First, I agree whole-heartedly that parents matter. I would love to see parents drive or car pool kids to school. Even provide them with food, too. However, sadly it is unrealistic. The economy is so weak that everything is shrinking. If we eliminate transportation and food for students we may find many families electing not to send the child to school at all...then what?

Please respond! >>
This agreement has saved the districts money yet we are chastised for it despite the fact the wording at issue was known to be invalid and unenforceable by either side. I applaud our effort and believe this suit is frivolous. http://www.godfrey-lee.org/education/components/board/default.php?sectiondetailid=3458&threadid=554 >>
education is an all around development for a child
he should be mentally and physically strong


<a href="http://rescueyoursavings.com" rel="dofollow">Savings</a> >>
education is an all around development for a child
he should be mentally and physically strong >>
Informative post. In order to deal with today's troubled youth, it is helpful to take a professional guidance for better teen recovery programs. Choosing a specialized organization for troubled youth is one of the most important steps for better teen recovery. Boysville is one of the non profit organization dedicated to help troubled youth with years of successful results by helping <a href=http://www.troubledteensguide.com/>troubled youth</a> to responsible individuals. Hope this organization continue their priceless support to most of the needy troubled youth with various helpful services. >>
Public servants like Presidents, Vice-Presidents, Senators, Congressmen, Judges, Secretaries of Various Departments and the like should be first to be compensated for performance.
The idea that the playing field for students is level everywhere is as Quixotic as thinking all politicians are honest and competent.
There are neighborhoods where only Portugese or gang sign language is spoken, where the parents both work two jobs to pay rent, where getting to school and back is more dangerous than Iraq and Afghanastan.
This Secretary of Education has to remove the silver spoon, roll up his sleeves and take his superior intellect attitude into the trenches and show the poor slobs that are taking their teachers jobs for granted how he would do it. Just because his mommy used to help out in Chicago doesn't give him the Congression Medal of Honor. Actually he's a stuffed shirt pretending to know it all.
How much do you want to bet that he wouldn't attempt entering these neighborhoods let alone these schools without security. >>