SOAH Docket No.

701-16-1492

LAW OFFICES OF

K. RANDOLPH EVANS

P.O. Box 142534

AUSTIN, TEXAS 78714-2534
0FFlCE(5l1)925-0091 FAX (5lZ)9250U9Z E-MAIL: KelEvnns@AOL.COM

October 7, 2015

Mr. Eric T. Marin, Legal Counsel

Ofce of the General Counsel
Texas Education Agency
1701 North Congress Ave.
Suite 2-150
Austin, Texas 78701

RE:

VIA HAND DELIVERY

Excellence 2000, Inc. dlb/a Children First Academy of Dallas,

and Children
First Academy of Houston; Request for Informal Review
and Meeting with the

Commissioner
Dear Mr. Marin:

Pursuant to 19 TEX. ADMIN. CODE 157.1 123, please accept the

attached letter and
supporting documentation from Dr. Sherwin Allen, Superintendent,
Children First Academy Charter
School District, to Commissioner Michael Williams, as
my client's formal request for an infonnal
review to appeal the notice of the Comn1issioners intent to revoke
the district's charter. My client
also formally requests, pursuant to TEX. Enuc. CODE 12.1
l6(a- 1), a meeting with Commissioner

Williams to discuss the Commissioner's decision. Thank

you for your cooperation.
Sincerely,

Enclosure

KELLY EVANS
ATTORNEY AT LAW

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October 6, 2015
Dr. Michael Williams,

Commissioner

Texas Education Agency

1701 North Congress Avenue
Austin, Texas 78701

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Dear Commissioner Williams:

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This is to respond to your correspondence dated September 23, 2015, sent Via Certied Mail and
Regular Mail. This document reached my office one day before the deadline of September 30,
2015. So, we did not receive it until Tuesday, September 29"
.

look forward to speaking with you regarding your intent to revoke the charter for Excellence
2000, as I am dedicated to a transparent mission that will result in a full and complete vindication
for Children First Academy. With that in mind, please nd the requested information submitted by
the extended deadline of October 7, 2015. As charter holder, I respectfully request a meeting so
thatl may submit additional infonnation in person, at that time.

Since the re-opening of Children First Academy in August Z014, we have paid strict attention t O
every detail of the Open Enrollment Charter as granted in September 1998 and 2003. CFA has
complied with a majority of the ndings since the fall 2014, CPA has taken steps to send
employees to various trainings, hosted by TEA, Region 4, Region 10, TASBO, TCSA and
governmental procurement training to ensure that the employees in these positions are properly
trained and aware of the compliance requirements for our organimtion. CFA has also put in place
measures to address rapid responses from govemrnental agencies as well as maintaining,
implementing and monitoring data. CPA has worked very closely with our independent
consultants on reconstructing our internal control systems within our organization. Aer a period
of eight months being closed, we re-opened with more than a 90% enrollment. Sir, not only did
our children return, the TEA came out to verify our numbers, and were met by enthusiastic parents
and commonity partners who were here to volunteer to aid their cherished school in any way.

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We are detemiined to keep our charter and retain the integrity of the school as we work to make

done by the letter of the law and that we strictly adhere to all oversight policies.
The Correction Action Plan that was established has been followed and closely monitored by
holding regular updates/meetings, proactive approaches, more in~house training and a series of
changes to make Children First Academy more successful.
sure everything

'

is

We look forward to a positive decision that would allow us to remain in a community that needs
and wants

us, that

continues on in

Warmest

its

has beneted from the school's presence, and a ruling that will ensure
role as an exemplary institution and a proud beacon of light in this city.

regards,

Sherwin Allen,

Sr.

Charter Holderl Superintendent

Cc:

Fannie Bradford, Board President

Sue Parker, Parents Involved Spokesman
Carolyn King ~Arnold, Alumni

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Children First Academy

October 7, 2015
Re: Response to Revocation Notice
Page 1

The ndings of the September 23, 2015 Notice of Intent lctter are actually the result of several
unwarranted and unwelcome incidents designed to hinder or halt the productive work being clone,
and from being completed on time. This charter has been active, and in good standing, from

September I998 to September 2013. Since the fall of 2013, CFA has been in a recovery and
restructuring mode, which has been, and still is, a very lengthy process. Circumstances, some of
them beyond the control of CFA, have made the charter stronger by inspiring the staff to work
harder to keep the charter secure, thus strengthening bond between our parents and community A
consulting team of four independent persons have been aboard with recommendations to help CFA
and the Board during this critical recovery time.
ln this response,

CFA will provide a time line of events to bolster our claims, beginning with:

September 9, 2013
The Dallas and Houston schools were closed by order of the Texas Education Agency.

CFA

does not contain any legal or policy directives for closing down
ln the contract, the charter for
the school. As a result, the records were inappropriately conscated. Those records were not

properly safeguarded, some were packed up and not labeled, placed in boxes by Region 4 and
Region 10 staff. The boxes these pertinent documents were packed into were not labeled, marked,
numbered or signed out by a member of CFAs management staff. The records were removed
without any documentation being transferred, or backed up, to anticipate the re-opening of the
school. Consequently, when CFA re~opencd in August 2014, there was absolutely no accountability
in how, or when, those records would be retumed to us. This resulted in trying to wing our way as
we sorted through boxes of les and papers when the schools were reopened.

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Children First Academy

October 7, 2015
Re: Response to Revocation Notice

Page 2

October and November 2013

TEA le no instructions on the gap

that occurred

and the schools remained closed without

instructions.

December 2013

Previously unknown, until now, we would like to make the Commissioner and the Agency aware
that
buildings at CFA's Houston campus, were vandalized by thieves. (See attached police
report le numbers, marked as Exhibit
and Exhibit B. There were two break-ins, Police were
called both times, Not only were the school computers taken, the thieves stole computer sewers,
along with manuals, laptops, various books, fumishings and other miscellaneous items from
Buildings
B, which were entered when someone was able to unlock two central locations on
the Houston campus. We want it noted, for the record, that these servers contained protected les,
valuable applications for improvements, minutes from meetings, and other pertinent information
that was irreplaceable. This was a signicant blow to our recovery and ongoing efforts to comply
in a timely fashion to all that had been charged and is being investigated. Even now, staff
management discussions are ongoing about ways to secure future data, backup and preserve our
impoant documents and les, and how we may be more technologically efcienl in the future
Going forward, We are Working very closely with independent consultants on opportunities that
are available so secure our daily data.

ABCD

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Children First Academy

October 7, 2015
Re: Response to Revocation Notice

Page 3
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Failure to

Complv: Texas Education Code. Chapter 12. Sub-chapter D

On Page 2, you refer to an on-site investigation

of CFA attendance records.

CFA conducted an independent assessment of the department and the ndings are as follows All
data was accounted for and fully supponed. CFA also reported all of the prekindergarten
qualication documentation.
-

The ndings were

worked

by Region

l0.

PEIMS employee,

is

a veteran

who has

CFA continued to report on this, per the

by Region 10.
Data was actually typed in per each day, not the computerized system used by TEA
The typed entries did not match the TEA computerized data. An independent consultant
assessed the difference and reported this discrepancy to the TEA.
The ndings detailed that CFA recorded data differently and were not using computerized
methods used by TEA.
The difference was presented to TEA and promptly refused by TEA
The independent consultant's difference came to approximately $500,000 in recording data
TEA erroneously assessed more than $1,500,000
An appeal letter submitted and acknowledged by the TEA (see attached appeal)
CFA was advised that the appeal would be held, but the school not allowed to participate
We request the right to be present and have our defense heard
training provided

conicting. Ms. Anderson, the

for Cl-A 14 years, trained

Beginning January 28, 2015 through September 25, 2015, TEA deducted a total of $1,530,
679 dollars from CFAs Foundation School Program. Supporting documentation is attached,
and marked here. The Superintendent respectfully requests the option of adding more
information, as needed or required on this subject at the hearing that has been, or will be,
scheduled. Please note that improvements have been made in the collection of all data.

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Children First Academy

October 7, 2015
Re: Response to Revocation Notice

Page 4

Il].Second SAI Re|1ort March 12. 2015 (No Exhibit C attached)

The TEA stated, A complaint was received by the TEA alleging multiple

infractions

by charter

school administrators, resulting in on on~site investigation being conducted. Our response

is

as

follows:

An in-depth investigation was made by an independent consultant who communicated with

both the Superintendent and the contractor.

Multiple infractions were not itemized in the revocation notice. But an independent
consultant has addressed the issues from the TEA letter.
First and foremost, the Superintendent did consult with the board, and also with Buy Board
in 2007 and in 2008. One of Buy Board's members, ADI Engineering, was and still is,
registered. As you know, the Texas Buy Board is part of the Texas Local Purchasing
Cooperative, which has made several changes in as many years. Their purpose, as noted
on the website, is to obtain the benets that will be attractive to local governments, and to
identify qualied vendors ofseiviees and goods. Together, Buy Board and the Cooperative,
pride themselves in saving time and money through their skills and abilities to eiciently
secure services.
The exact language from

Buy Board is, Because the competitive procurement process has

been completed, members save the time and resources that would have been spent on

preparing a formal RFP process."

The Superintendent has never unilaterally entered into property improvement projects
without the full knowledge and approval of board members. However, it would be helpful
to know the dates of the proposed projects you are citing.
On September 9, 2013, both campuses were closed by TEA with posted public
notications. (See the Opening Comments page.)
Without direction orn the TEA on issues or on itemizing, the independent consultant
cannot make a proper deten-nination or conclusion for going forward.
The Superintendent and Board of Directors have decided to le a lawsuit against the
contractor for failure to meet several requests made by the consultant since the schools
have been re-opened. We also strongly believe that Buy Board should be held accountable
for wrongly informing the Agency that ADI was not a member, merely someone on its
mailing list." That is misleading indeed because CFA was assured ADI was a full-edged
member and is still registered as a member.

TEACHERS TEACHING STUDENTS, LEARNING AND PARENTS INVOLVEDI

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Children First Academy

October 7,2015
Re: Response to Revocation Notice

Page 5
-

The second SAI Report reects that the charter school made salaried payments to members
of the Superintendent's family for work that was not performed. An independent
assessment was made of any family members ailiated with the school from previous
correspondence.

The PEIMS Report

lists

Dr.

Debra Allen as an employee

in

2012 and 2Ol3, being issued a

W2

form. As a computer technology expert, Dr. Allen did, indeed, research and build the school's
website. She also set up the network for tl-ie school, stored data and allocated space for future use.
Since reception in this area is notoriously low, the school and site had to be accommodated for
extension communication with providers in this area. However, in 2013 and 2014, there is clearly
an error because Debra Allen was issued another W2, which should have been a 1099. We have
veried this and corrected the issue.

TEA references that a phone call was made to CPA inquiring about an employee.

The infonriation

relayed was not only incorrect, but should have been directed to the human resource personnel. lt
has been an ongoing policy at Children First Academy for all employees to direct calls and
inquiries to the Principal's ofce for call backs and answers. Our employees are aware of these
responsibilities.

The food

service at both locations has been self-monitoring and complying to

food service

all

policies and procedure.

summary, Children First Academy is not in violation of the rules and laws goveming charters
and we look fo rwardt o a positive outcome. The Supenntendent, and the staff, have, in good faith,

In

'

'

made all the required and recommended

we wish

'

'

'

actions in our control.

noted that the theft of mainframe computers and servers from our Houston
campus did slow down our recovery process as we continue to work quickly and eiciently to
move forward and resolve ALL concems and issues. The expected audits should be completed
and submitted in the next quarter.

Again,

it

We are beyond saddened to see the integrity of staff and the Superintendent questioned in this way

as the school has been left to deal with a myriad of issues that seem to be triggered as the result of
some information received iri complaints to the TEA. We nd the timing of those complaints
coincidental to some strange events at CFA.

TEACHERS TEACHING STUDENTS, LEARNING AND PARENT'S INVOLVED!

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Children First Academy

October 7, Z015
Re: Response to Revocation Notice
Page 6
Please know that Children First Academy will always put the educational and emotional needs of
our studentsthe children-front and center, top of the list! We are aware that there is at least
one employee with a disgruntled, motive driven attitude toward CFA. Unfortunately, that
employee was denied employment along with a list of demands that were not in the best interest
of CPA. When the schools reopened, a new day was implemented, some employees embraced the
changes and some did not.In the process of making sure our academic environment was secure, CFA noted documents had
been tampered with, removed, and two pieces of equipment-a laptop and printerwere taken
without immediate knowledge or pem1ission. This laptop contained sensitive infom-tation. We
have, as of this date, not been able to tlly discover if sabotage played a role, in any way, to us
being in our present investigative situation with the TEA. It is quite coincidental.

CPA would like to reiterate that we look forward to appearing at a face-to-face hearing with
the Commissioner to further explain the accusations that led to an on-site investigation. We will
continue to cooperate with all requests and comply with recommendations as we valiantly ght
Again,

for our

hard-eamed charter and

to

keep our school open for its students and

this

community.

CFA staff and management are only guilty of wanting a quality educational
choice for students and parents seeking to excel academically and emotionally. We will do all in

The Superintendent,

our power to secure greater amounts of ongoing training to ensure our records and data are
preserved. We will do all in our power to ensure the integrity of the school's mission, today and
tomorrow. And, we sincerely thank the agency for being fair and understanding.

TEACHERS TEACHING STUDENTS, LEARNlNG AND PARENT'S INVOLVED!