Aurora school board to consider one-year charter contract for school with conflict of interest

Aurora’s school board is set to decide Tuesday whether to renew the charter of a well-rated school that long has served children with special needs — but that also has become caught up in questions over conflicts of interest and opaque finances.

Aurora district administrators, concerned about operations of Vanguard Classical School, are recommending just a one-year charter extension rather than the usual five-year contract.

District staff members told the school board earlier this year that they were unsure about the school’s relationship with Ability Connection Colorado, the nonprofit that started the school and provides services through a $350,000 agreement. Not only does that contract lack specifics, but also the nonprofit’s CEO, Judy Ham, serves as the president of the charter school’s board and has signed agreements between the two organizations on behalf of Vanguard.

“You can see the clear conflict of interest concern that arose for us,” Lamont Browne, the district’s director of autonomous schools, told the school board in February.

The charter school board president disputes the findings of the conflicts of interest, but said the school is going to comply with all of the contract’s conditions anyway.

Vanguard, which first opened in 2007, was created to serve students with special needs in an inclusive model, meaning, as much as possible those students are blended into regular classrooms. Currently, the charter operates two campuses. One, near Lowry, enrolls about 500 K-8 students, and the second, a K-12 campus on the east side of the city, enrolls about 745 students. More than half of the students at each campus qualify for free or reduced price lunches, a measure of poverty.

In reviewing Vanguard, the district found it has a higher percentage of students who perform well on some state tests than the district does. The school also has a good rating from annual state reviews.

But the unclear relationship between the school and its founding nonprofit have raised doubts.

Although the relationship and service agreements the school has with the nonprofit aren’t new, Aurora’s concerns came up during an interview step that was added to the charter renewal process this year. Last time Vanguard went through a review from the district, five years ago, the district’s office of autonomous schools that now oversees charter schools did not exist. Staff describe previous reviews as compliance checklists.

Ham told district reviewers in that new step during the review process, that she never recused herself from board votes involving her employer.

But Ham now says that she misspoke, and meant that she has never recused herself officially because she just doesn’t vote on matters involving Ability Connection Colorado.

“It felt like (it was) a loaded question” Ham said. “But I don’t recuse myself because I don’t ever vote. It’s almost like a foregone conclusion.”

Browne also told the board he was concerned with the lack of detail about the $350,000 service agreement.

“Considering the amount that that contract was for, we were very concerned about the lack of detail regarding those services,” Browne said. He also pointed to school staff’s “lack of clarity with regard to what they were paying for and what they were receiving.”

Ham said the charter school has rewritten and added more detail to the agreements about what Ability Connection Colorado does for the school, which she said includes payroll services, human resources, building management, and risk assessments for students. The school’s west campus also shares a building with the nonprofit.

“We are on-call 24-7,” Ham said. “We wanted to provide everything so that the school could focus on being able to do the most important thing which is educating the children, knowing that inclusive education is hard to do.”

But what the functions of the nonprofit are aren’t clear, according to Aurora administrators.

“The school should not be wondering what services they are or are not receiving from the company,” said Mackenzie Stauffer, Aurora’s charter school coordinator.

Administrators recommend a renewed contract include stipulations such as governance training for the school’s board, meant to address conflicts of interest.

Ben Lindquist, president of the Colorado League of Charter Schools, said that there are laws that could apply to give charter school authorizers like Aurora authority over conflict-of-interest issues.

“It should be within the purview of an authorizer to inquire into conflicts of interest if it perceives they are there,” Lindquist said. “But there’s not just one way to remedy that.”

Among the contract’s conditions, the district will also ask that Vanguard’s board be more transparent about recording board votes on significant decisions. Initially, district staff also said they considered asking Vanguard to remove the current board and replace all members, but officials said they ran into some problems with what they were allowed to ask the school to do.

“There’s a very interesting place we are in where we are the authorizer — we don’t run the school and we want to maintain that delineation,” Browne said. “However if we feel like there is something that could be a potential challenge for the school, we feel like it’s our duty to do what we can to suggest or recommend those changes.”