Procopio Team Wins Significant Ruling for American Indian Charter Schools
San Diego, CA – On June 6, 2013, the Honorable Evelio Grillo, Alameda County Superior Court, ruled in favor of the American Indian Model Schools (AIMS) in the AIMS vs. Oakland Unified School District (OUSD) case #RG13680906. Judge Grillo determined that AIMS may stay in business pending a preliminary hearing set for July 8, after OUSD voted on March 20 to revoke their three charters effective June 30. The district alleged the schools committed financial improprieties.
Greg Moser, the lead attorney from Procopio for AIMS, applauded the ruling, "The judge agreed that irreparable harm would be done if the schools’ summer sessions were interrupted. His ruling will allow AIMS to prove that the revocations violated state law because they ignored their students’ spectacular academic achievements. Under state law the most important factor to be considered in a revocation proceeding must be whether the students are succeeding. And the students at these schools are, in fact, succeeding. This is an important win both for AIMS and other high-performing charter schools." Mr. Moser was assisted by Aiko Yamakawa, who appeared at the appeal hearing before the Alameda County Board of Education and contributed significantly to the briefing, along with Greta Proctor.
Over 1,200 top performing Oakland students are enrolled in the American Indian Model Schools, which earned an Academic Performance Index that propelled them to the number five spot among all California schools and number 13 among all schools, according to US News & World Report. The school reflects the multicultural diversity of Oakland’s populace, enrolling students who are from Asian American, Latino, African American, and Caucasian backgrounds, and the school boasts a 98% daily attendance and 100% graduation rate.
Parents, school administrators, businesses, civic and faith-based leaders have also called for a probe into OUSD’s actions. For now, AIMS is able to hold their summer classes as planned while they appeal the school district’s decision. AIMS’ appeal before the Alameda County Office of Education (ACOE) is tentatively scheduled for June 25. ACOE has the authority to reinstate AIMS’ charters permanently and overrule OUSD’s decision to revoke.
About Procopio, Cory, Hargreaves & Savitch LLP
Procopio’s Public Agencies and Charter Schools Practice Group regularly advises public and private clients on laws regulating public and quasi-public political subdivisions in areas such as public-private partnerships, conflicts of interest, governmental transparency and public contracting. We provide our clients advice on ethics laws, as well as counsel on the formation of special service public agencies and corporations. We represent public sector clients throughout California, including hospital districts, water and sanitation agencies, joint powers authorities for insurance pooling, school districts, charter schools, and municipalities.
Procopio’s Native American Practice Group have a wealth of experience and expertise in representing and counseling tribes and tribal-affiliated clients in a wide range of legal matters. We routinely provide these clients with corporate, environmental, intergovernmental negotiation, litigation, intellectual property, employment, real estate, construction, fee-to-trust and regulatory expertise. Additionally, we understand and are sensitive to the unique interests of Native American tribal governments and the nuances of their legal status.
With more than 130 attorneys in San Diego, Del Mar and Silicon Valley, Procopio, Cory, Hargreaves & Savitch LLP is one of the largest business law firms in Southern California. We are a local law firm with a global network that gives us the ability to serve clients’ interests throughout the world. Procopio is dedicated to understanding the businesses and industries of clients and collaborating with them to develop tailored strategies. We advise companies at every stage in the corporate life cycle, helping them to plan, finance and operate their businesses. Since 1946, our success has been derived from our commitment to clients and our ability to maximize the value we provide to them. Our goal is to continue building long-term relationships with clients through a steady, team-oriented approach. For additional information, please visit www.procopio.com.