HOUSTON—A northeast Houston charter school targeted by the Texas Education Agency for closure remained open Wednesday in defiance of a state order to shut it down, and the state representative who has signed on to represent the school as its attorney directly accused the TEA of racism in making its decision.
"I think TEA is on a mission to destroy charter schools that are run by black folks," said State Rep. Harold Dutton. "That’s what I really think."
The TEA denied those accusations.
"I can guarantee you this is not racially motivated at all. If we found the same set of circumstances in another school, we’d wind up with the same results. It’s a school that appears to be beyond repair right now," TEA spokesperson Debbie Ratcliffe said.
Benji’s Special Education Academy, originally formed in 1981 by Theaola Robinson, has been a charter school since 1998. Current enrollment includes 550 children on two campuses from kindergarten through 12th grade. She responded defiantly to the state ruling on Tuesday night.
"Your children will be at school. The buses will run. And no devil in hell is going to stop me," Robinson said.
In addition to private funding, Benji’s Academy receives more than $3 million a year from the state. But after a year of financial review, the Texas Education Agency said the school is not financially viable and does not have enough money to pay its creditors, its staff or the IRS.
The TEA said they also had concerns about the school’s ability to put gas in its school buses and even buy milk for its students. At one point, the school allegedly had to turn a milk truck away.
Benji’s leaders reportedly told the state the school had $1 million in the bank, but a state-appointed board said there was just $800 in the account.
In 2010, the school also received a state rating of academically unacceptable.
Commissioner of Education Robert Scott said that closing the school "protects the health, safety and welfare of the students. We intend to ensure that each and every student has the opportunity to receive a quality education."
But Dutton, Robinson, parents and students returning to the school in defiance of the state order Wednesday morning questioned why the decision was made four weeks into the new school year. Benji’s Academy staff said the students they serve are often cast-offs from other public schools who have not been able to survive and thrive academically anywhere else.
Representatives from HISD visited Benji’s campuses on Wednesday to assist with any pending transfers of students to HISD schools.
"I just think we should all just pray about it you know and hope that things could get better for us," said student Rossie Drumgo.
"But my faith is high. My prayers are going up and I honestly believe. I feel that all is going to be OK," said parent Tancey Houston.
But the school said in the current stalemate, the TEA is withholding state funds that would help the school stay open. A TEA spokesperson said that as of today, Benji’s is no longer a public school and will receive no further state funds.
Dutton, meanwhile, said he will take the political fight all the way to the desk of Governor Perry if necessary.
"He needs to call off his dogs at TEA and tell them that they need to be about trying to fix things rather than coming over here to take advantage of some kids that they think are poor and cannot help themselves," said Dutton.
"We’re going to make it political. And if it takes 2,000 of us to go to Austin to sit in front of Rick Perry’s door, we’re going to make sure that this school stays open," he added.
Dutton also filed a request for a temporary injunction in Austin on Wednesday asking for more time to solve the school’s financial issues before state funds are completely severed.
