One of two school properties up for sale by the San Diego Unified School District (SDUSD) is now the source of a lawsuit heading to a San Diego courtroom later this month.
The Excelsior Academy, which caters to special needs students, filed suit saying SDUSD violated the terms of its lease when it exercised a three-year notice to terminate.
“They want to only give us the three years. We feel that we should have up to eight years at this school site,” said Excelsior Academy principal Matt Callaway.
The district sold the former Benchley Elementary campus to the Islamic School of San Diego in February for $2,775,000.
The Excelsior Academy, which has leased the campus since 1994, had hoped to purchase the property themselves, but feels the district violated the terms of the lease and the state education code by not giving them adequate time to raise funds.
“The first time we actually heard directly from the district that our site was indeed going to be up for sale was about a month before it was to be voted on by the board,” said Callaway. “Just having a month to change directions and try to put together a bid was just not a reasonable amount of time for us.”
The Academy helps students who deal with a variety of attention and learning disabilities by providing unconventional teaching methods and small class sizes.
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“At public school my grades were Fs most the time. Here, I don’t think I’ve failed one class since I’ve started,” said student Maddy Ringer, who deals with Attention-Deficit/Hyperactivity Disorder (ADHD).
Ringer and other students say they’re aware of the bitter lease dispute.
“If we change sites it’ll just be all confusing,” Ringer added.
Administrators say the 4.5-acre campus is perfect for their goals, which include a heavy dose of health and fitness.
“We have a great field – two basketball courts – and it’s going to be hard to find another school site to meet the needs of all the things we do,” said Callaway.
The expedited trial is set to begin May 21.
An unfavorable judgment for the SDUSD could jeopardize the sale putting additional stress on its cash-strapped bottom line. The Excelsior Academy says a favorable judgment would give the school more time to find a new home.
