These children were about to be marginalized, forgotten. They were in limbo between adulthood and the haven of school because they were “incorrigible”: they’d broken laws, disrupted classrooms or violated public school safety codes. Some serious infraction had removed these children from their public school and funneled them into a labyrinthine system where education was unlikely and graduation seemed completely out of reach. These were the children Judge Edwards heard from daily, and it was only a matter of time before they ended up back in Edwards’ courtroom on more serious charges and with less hope.

The reaction from Edwards was superhuman. In April 2009, he saw opportunity in the closing of Blewett School on Cass Ave., and in a few short months he had a building, 45 community partners, and a Principal vetted by the toughest juvenile offenders to open ICA.

Innovative Concepts Academy, in just its first year, is getting local and national attention for the profound changes happening in the lives of the most “incorrigible” youth. A few ideas seem to be the pillars of this success, and are woven into every program:

ICA is a place to be safe. Sure, it’s replete with security tech and staff – but they also provide medical services and 3 square meals a day, counseling, and staff trained to deal with trauma victims. For Edwards, it’s not enough to treat symptoms like acting out in class: many of the kids at ICA may have witnessed violent crimes or may be in a situation that precludes success.

ICA is a place to learn – or for many students, the ONLY place to learn. A child expelled from school doesn’t lose access to classroom learning and accountability. A juvenile offender doesn’t while away time in a facility that further limits her opportunities. More than that, students get and learn respect. Some of the boys mention that adults take them more seriously when they’re wearing a tie. The entire staff and mechanism of the school reinforces the idea that effort is rewarded – even desirable – and that they are all capable.

Third, it’s a place to get inspired. While mandatory extra-curricular programs keep kids off the street and out of trouble, those 45 community partners have given ICA students a remarkable smorgasbord of activities that aren’t simply about marking time. Golf lessons, chess instruction, classical music, creative writing and ballroom dance are just a few of the ways students can spend their afternoons.

A St. Louis Magazine documentary of Innovative Concepts Academy ends with one young man at a piano knocking out beautiful riff after beautiful riff: for me, that made the ICA not just a good idea, but something we should cherish, support and replicate. Just think, a pianist, a chess master, an author, a thinker, a good parent, or a hard worker may be that child who was about to slip through the cracks.

The plight of students in St. Louis is often harsh. The dropout rate is untenable: some kids are homeless, others are hungry, and some are discouraged. In one year, a rejection of all the things that don’t work; a fresh start based solely on what at-risk kids need to choose a better path; and a resolute leader accomplished not just a good school, but also hope.

We now have hope that there are solutions to the problems that have baffled us – but only if we’re willing to be radical thinkers, and put our energy behind a good idea.

Today marks the first day of public school in the newly-inspired Innovation Concept Academy.  The St. Louis community, and America-at-large, owes a lot to the courage of one man – Judge Jimmie Edwards.  In less than six months, he has embarked on what others might say would be nearly impossible:  1) to assume ownership of a new community school that exists outside the lines of a public school, 2) to unite a diverse coalition of public and private interests together to enrich the learning environment, and 3) to lobby for real, no excuse community change for youth who need it the most.

From a political perspective, the Innovation Concept Academy hits on all five of the recommended steps on which now Governor Jay Nixon campaigned last year.  His five points were:  to invest in public school options using public-private partnerships, to recruit talented teachers to challenged districts, to reduce class size, to re-establish local community support, and to make sure that alternative schools are available and effective.  The Academy seeks to challenge all of the obstacles facing those children who often get lost in the public school system without effective mentors, dedicated instructors, and guardian engagement.

This Tuesday, we accompanied Rex Sinquefield with Judge Jimmie Edwards on a walk-through of the Blewett school facility.  We are excited to report that the Chess Club and Scholastic Center of St. Louis will be partnering with the Academy to build a dedicated room to teach chess with its curriculum.  It is our hope that students can improve their math, science, reading, and critical thinking skills using a life sport like chess in a variety of environments (for classroom instruction, after-school partnerships, supplemental learning, and as a means to connect to our greater community).  If successful, such a model might provide a road map for urban progressives, mayors, governors, and civic patrons to do the same around the country.

In the coming months,  Room 103 will transform itself with the opening fall classes into a dynamic place to learn the game of chess.  Public school teachers, including educators as part of the AFT Local 420 Teacher’s Union have agreed to fill the classroom with ambitious goals of instruction (and smaller class size).  The Metropolitan Police Department of the City of St. Louis are moving in a sub-station to assist the facility with mentoring and community needs.  The community arms have even opened to accept other instructors from a wide variety of parish school environments. The manner by which so many organizations, from MERS Goodwill to local celebrities, have come together, can help pave the future of new school design.

Good luck Judge Edwards and Innovation Concept Academy.  Our children, our entire community, and our nation of neighborhoods, needs your model to succeed.

Rex A. Sinquefield with Judge Jimmie Edwards

Judge Edwards shows new classroom monitors to Rex Sinquefield

Future Chess Salon

]]> http://www.pelopidas.com/philanthropy/brave-education-st-louis-public/feed 0 http://www.pelopidas.com/issue-advocacy/lawsuit-sinquefield-schock-slps http://www.pelopidas.com/issue-advocacy/lawsuit-sinquefield-schock-slps#comments Sun, 19 Apr 2009 14:44:46 +0000 emily http://www.pelopidas.com/?p=243 Rex Sinquefield and W. Bevis Schock recently filed a lawsuit against the St. Louis Public School System Special Administrative Board arguing that their deed restriction policy (which bars the sale of public school buildings to any group that would seek to reopen it as an educational institution for another hundred years) is unconstitutional.

The SAB removed the policy yesterday, April 16th, but the lawsuit will continue to prove the unconstitutionality of denying equal protection under the law to those seeking to open Charter schools and the children and parents they might be able to serve.

There are many concerns that the policy end date will be arbitrary or that a de facto policy will continue, but both legislative and judicial actions in Missouri hope to expressly prohibit the restrictions.

Read the full text of the article HERE, or below:

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
Eastern Division

Rex Sinquefield and W. Bevis Schock,
Plaintiffs,                                         Cause No.
___________
vs.
JURY TRIAL
DEMANDED
St. Louis Public School District, a/k/a
St. Louis City Public Schools,

Serve at:

801 North 11th Street
St. Louis, MO 63101

Special Administrative Board of the
Transitional School District of the
City of St. Louis,

Serve at:
801 North 11th Street, Room 108
St. Louis, MO 63101

Melanie Adams,

Serve at:
801 North 11th Street, Room 108
St. Louis, MO 63101

Richard K. Gaines,

Serve at:
801 North 11th Street, Room 108
St. Louis, MO 63101

Rick Sullivan,

Serve at:
801 North 11th Street, Room 108
St. Louis, MO 63101

and Kelvin Adams,

Serve at:
801 North 11th Street, Room 108
St. Louis, MO 63101

Defendants

COMPLAINT
Come now Plaintiffs Rex Sinquefield (hereinafter “Sinquefield”) and W. Bevis Schock (hereinafter “Schock”), by and through their undersigned counsel, and for their Complaint against Defendants St. Louis Public School District a/k/a St. Louis City Public Schools (“School District”), Special Administrative Board of the Tran¬sitional School District of the City of St. Louis (“Interim Board”), Melanie Adams (“M. Adams”), Richard K. Gaines (“Gaines”), Rick Sullivan (“Sullivan”) and Kelvin Adams (“Superintendent Adams”), state to the Court as follows.

JURISDICTION & VENUE

1. This action arises under the Constitution of the United States of America and 42 U.S.C. §§ 1983 and 1988. The Court thus has ju¬risdiction over the subject matter of the action under 28 U.S.C. §§ 1331 & 1343.

2. This action also seeks declaratory relief in accordance with the provisions of 28 U.S.C. § 2201.

3. All causes of action alleged in this complaint arose in the City of St. Louis. Most, if not all, of the acts and omissions underlying this complaint occurred in the City of St. Louis. All or most of the Defendants reside in the City of St. Louis. Thus, venue lies in this Eastern Division of the Eastern Dis¬trict of Missouri. E.D.Mo. L.R. 3-2.07 (A) (1) & (B) (2).

DEMAND FOR JURY TRIAL
In accordance with Rule 38 of the Federal Rules of Civil Procedure and with Local Rule 38-2.04 of this Court, the Plaintiffs hereby demand a trial by jury of all claims and issues in this action triable to a jury.

PARTIES
4. Sinquefield is an individual residing in Missouri and owning real property in the City of St. Louis. He has standing to bring this action as a tax-paying citizen of the State of Missouri and of the City of St. Louis. If the relief requested by Plaintiffs is not granted, it will result in a direct expenditure or loss of funds generated through taxation or an increase in levy in taxes or pecuniary loss to the School District and the taxpayers.

5. Schock is an individual residing in Missouri and owning real property in the City of St. Louis. He has standing to bring this action as a tax-paying citizen of the State of Missouri and of the City of St. Louis. If the relief requested by Plaintiffs is not granted, it will result in a direct expenditure or loss of funds generated through taxation or an increase in levy in taxes or pecuniary loss to the School District and the taxpayers.

6. Defendant School District is a political subdivision of the State of Missouri with its principal place of business in the City of St. Louis at 801 N. 11th Street, St. Louis, MO, 63101.

7. Defendant Interim Board (hereinafter, the “Interim Board”) has a principal place of business in the City of St. Louis at 801 N. 11th Street , St. Louis, MO, 63101.

8. Defendant M. Adams is, and at all times relevant to this action was, a Member of the Interim Board.

9. Defendant Gaines is, and at all times relevant to this action was, a Member of the Interim Board.

10. Defendant Sullivan is, and at all times relevant to this action was, a Member of the Interim Board.

11. Defendant Superintendent Adams is, and at all times relevant to this action was, a Member of the Interim Board.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS & ALL PRAYERS FOR RELIEF
12. On or about April 4, 2008, the School District, acting with or through the Interim Board, executed a certain purchase and sale agreement (hereinafter, the “Green Lea Agreement”) with one North Tower Group, LLC (hereinafter “North Tower Group”), for the sale and conveyance of a school property at Green Lea Place in the City of St. Louis (hereinafter, the “Green Lea School Property”). A copy of the Green Lea Agreement is attached hereto as Exhibit 1. (North Tower Group is not a party to this action.)

13. Included in the Green Lea Agreement as ‘Exhibit B’ to that Agreement is the fol¬low¬ing Deed Restriction (hereinafter, the “Deed Restriction”), which, on the whole, the Agree¬ment establishes as a condition of any conveyance to North Tower Group:

1. For a period of one hundred years from the date of recording of this Deed, Grantee agrees and covenants that no portion of the Property shall be used for the following (collectively, the “Restrictions”), without the prior written authorization of Grantor: A primary, elementary or secondary school of any kind providing instruction for any grades kindergarten through twelfth; provided, however, that a center providing care for children outside of such primary, elementary or secon¬dary school setting shall be expressly permitted.

Grantee further agrees that the Restrictions shall run with the land as binding on the Grantee, its successors, and assigns. In the event of a breach of the Restric¬tions, the non-prevailing party, as determined by the Court, shall pay the reason¬able attorney’s fees of the prevailing party.

14. On information and belief, the Plaintiffs allege that the inclusion of this Deed Restriction in the Green Lea Agreement was in accordance with a formal policy (hereinafter, the “Policy”) adopted officially by the School District or by the Interim Board, but adopted by the Interim board in any event.

15. The State of Missouri recently granted a certain third party, not a party to this action (hereinafter, the “Third Party School”), a charter to operate a charter school within the City of St. Louis for the purpose of teaching certain foreign languages to school students in the City.

16. Sometime after adoption of the Policy, the Third Party School, seeking to purchase one of a number of School District properties up for sale, approached a real estate agent retained by the School District (hereinafter, the “School District Realtor”) to commence negotiations for the purchase of one or more properties.

17. The School District Realtor questioned the Third Party School to determine the nature of its business, learned that it was an educational company holding a charter to conduct a charter school in the City of St. Louis, and immediately informed the Third Party School that the Third Party School would not be able to purchase any School District property to operate its school or for any educational purpose.

18. The Third Party School presently operates its school at one location in St. Louis; but it is seeking a second location and has identified a large number of parents and students waiting for it to expand its present facility or to acquire a new, larger school property.

19. The Third Party School wishes to acquire an existing school building as soon as possible, and most, if not all, of the existing school buildings in the City of St. Louis are presently owned by the School District.

20. The contract price for the sale of the Green Lea School Property to North Tower Group was substantially less than the Third Party School will have to pay in order to build a new school building or buildings to accomplish its school building goals.

Count I
Violation of Rights (Speech, Expressive Association, and Assembly) Under the First and Fourteenth Amendments of the United States Constitution

21. Plaintiffs incorporate Paragraphs four (4) through twenty (20) as though fully set forth herein.

22. The Deed Restriction and the Policy which it reflects and implements violate the Free Speech, Free Association, and Free Assembly provisions of the First and Fourteenth Amendments to the Constitution of the United States of America.

23. The Deed Restriction and the Policy deliberately place a substantial obstacle in the way of any parties, such as these Plaintiffs, wishing to set up a school in competition with the schools operated by the School District and in the way of any children wishing to attend such competing schools; and it does the same to the parents of all such children.

24. The Deed Restriction and the Policy are not authorized by any governing statute or regulation of the State of Missouri; if they are so authorized, they are repugnant to the Constitution of the United States of America in any event.

WHEREFORE, Plaintiffs pray for judgment against Defendants on Count I in an amount to be determined at trial, for injunctive relief permanently enjoining Defendants from enforcing deed restrictions that purport to prevent property sold by the St. Louis Public School District from being used as primary, elementary, or secondary schools, including kindergartens through twelfth grades, for declaratory judgment that such restriction is void as a violation of Constitutional and statutory provisions, and all costs of this action and for such other and further relief as the Court may deem just and reasonable.

Count II
Violation of Equal Protection Clause of the Fourteenth Amendment to the United States Constitution

25. Plaintiffs incorporate Paragraphs four (4) through twenty (20) as though fully set forth herein.

26. The Deed Restriction and the Policy which it reflects and implements violate the Equal Protection provisions of the Fourteenth Amendment to the Constitution of the United States of America.

27. The Deed Restriction and Policy deny equal protection of the laws to these Plaintiffs and to all charter schools and to all private educational institutions who wish to provide the services of primary, elementary, or secondary education to the public in competition with the schools operated by the School District, and who will be adversely and disproportionately impacted by the resulting lack of suitable facilities in which to provide their services.

28. The Deed Restriction and Policy deny equal protection of the laws to many children wishing to attend charter schools and private schools within the City of St. Louis rather than the public schools operated by the School District; and they deny the same protection to the parents of all such children.

29. The Deed Restriction and the Policy are not authorized by any governing statute or regulation of the State of Missouri; if they are so authorized, they are repugnant to the Constitution of the United States of America in any event.

WHEREFORE, Plaintiffs pray for judgment against Defendants on Count II in an amount to be determined at trial, for injunctive relief permanently enjoining Defendants from enforcing deed restrictions that purport to prevent property sold by the St. Louis Public School District from being used as primary, elementary or secondary schools, including kindergartens through twelfth grades, for declaratory judgment that such restriction is void as a violation of Constitutional and statutory provisions, and all costs of this action and for such other and further relief as the Court may deem just and reasonable.

Count III
42 U.S.C. § 1983 Civil Rights Violation

30. Plaintiffs incorporate Paragraphs four (4) through twenty-nine (29) as though fully set forth herein.

31. Defendants are all state actors so as to be liable for the deprivation of rights or liberties under the Constitution of the United States of America.

32. In adopting and enforcing and in continuing to attempt to enforce the Deed Restriction and the Policy, each one of the Defendants has, under color of statutes, ordinances, regulations, customs, and usages of the City of St. Louis and the State of Missouri, subjected or caused to be subjected each one of the Plaintiffs and each of the third-parties whose Constitutional rights are implicated in this action to the deprivation of the Constitutional rights alleged herein and to the deprivation of other rights, privileges, and immunities secured by the Constitution and laws of the United States of America.

WHEREFORE, Plaintiffs pray for judgment against Defendants on Count III in an amount to be determined at trial, for their attorney’s fees as authorized by 42 U.S.C. § 1988, for injunctive relief permanently enjoining Defendants from enforcing deed restrictions that purport to prevent property sold by the St. Louis Public School District from being used as primary, elementary or secondary schools, including kindergartens through twelfth grades, for declaratory judgment that such restriction is void as a violation of Constitutional and statutory provisions, and all costs of this action and for such other and further relief as the Court may deem just and reasonable.

The Schindler Law Firm, P.C.

____________________________________
Joshua M. Schindler, Bar No. 22593
141 N. Meramec Avenue, Suite 201
St. Louis, MO 63105
(314) 862-1411
(314) 862-1701 Fax
josh@schindlerlawfirm.com
Attorney for Plaintiffs

Charter schools will now — at least in theory — be able to buy shuttered St. Louis Public School buildings.

The St. Louis Public School Board voted last night to lift the deed restriction that barred charter groups from buying the former city schools.

District CEO Rick Sullivan said that the board simply bent to legislative pressure.

“The legislature felt very strongly that the provision was unfair or not appropriate,” he said. “We worked with legislative leaders to reach an understanding that I think is good for all parties.”

The ban had angered charter leaders searching for homes for their new schools, as well as dozens of state politicians tired of seeing the old buildings sit unattended in their districts, drawing crime and vandalism.

State Rep. T.D. El-Amin, a Democrat who represents much of north St. Louis, said so many people were leaning on the board, it was just a matter of time. “We knew it was a levy bound to break,” he said.

Charter school advocates began celebrating early.

“This is a win for families in St. Louis who are seeking better education options for their children and for all of the taxpayers in the city who paid for these buildings,” said Earl Simms, state coordinator for the Children’s Education Alliance of Missouri, a charter advocacy organization. “These buildings can now be sold to organizations seeking to open public charter schools. That not only gives more education options to parents, but the sale of these buildings will also provide more dollars to educate the district’s students.”

Others said the decision will help charter schools open more quickly.

“Charter schools often find alternative facilities to serve students – empty commercial space or other buildings constructed for purposes other than education,” Aaron North, director of the state charter school association, said this morning. “Making unused public school buildings available for purchase or lease will provide new and existing charter schools with more options to best serve the students and families in their charge.”

Still, the practical implications of the board’s decision are unclear.

The move doesn’t require the district to sell to charters, just to consider their offers.

Open Enrollment opens up a choice to parents to move their child to another, neighboring public school district. For Missouri, this reform measure makes sense: many district boundaries are no longer aligned with population centers, and this would allow families to choose a closer school or a more appropriate school for their child. In the case of St. Louis Public Schools, as the video mentions, it is the easiest way to help parents seek an accredited public education.