CCSD asks GMCS to stop transporting students over county lines

7/29/2019 CCSD asks GMCS to stop transporting students over county lines

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Central Consolidated School District #22Shiprock Administration OfficeP.O. Box 1199 Shiprock, New Mexico 87420

Voice: (505) 368-4984 Fax: (505) 368-5232

September 5, 2013

Hanna Skandera, Secretary-Designate Paul Aguilar, Deputy Secretary

New Mexico Public Education Department New Mexico Public Education Department

300 Don Gaspar 300 Don Gaspar

Santa Fe, New Mexico 87501-2786 Santa Fe, New Mexico 87501-2786

RE: Complaint Against the Gallup McKinley County School District Regarding their Violations of State Law

(22-2-1, 22-2-2, 22-16-2 and 22-8-26, NMSA, 1978) and NMPED Regulations (NMAC 6.42.2.1 through

6.42.2.12) by Illegally Enrolling and Transporting Central Consolidated School District Students in Naschitti,

NM to Tohatchi, NM Schools; Request for an Investigation and Cease and Desist Order Against the Gallup

McKinley County School District

Dear Secretary-Designate Skandera:

This letter serves as an official complaint and request for the New Mexico Public Education Department

(NMPED) to immediately issue a cease and desist order and to conduct an investigation into the Gallup

McKinley County School District (GMCSD) regarding their serious violations of state law and regulations

regarding their illegal enrollment and unlawful transportation of Central Consolidated School District (CCSD)

students residing in the Naschitti, N.M. area. Ever since the start of the 2013-2014 school year, the GMCSD has

been illegally enrolling and unlawfully transporting CCSD students to attend GMCSD schools in the Tohatchi,

NM area. There is a clear process under state law that allows boundary/transportation issues to be resolved,

yet GMCSD Superintendent Frank Chiapetti has chosen to knowingly violate the law. If the illegal and unlawful

actions of GMCSD and Frank Chiapetti are allowed to stand, it would set a very dangerous precedent where

school districts all across New Mexico can steal students from other districts. Finally, GMCSD Superintendent

Frank Chiapettis statements in the August 31 September 1, 2013 Gallup Independent and actions to

knowingly violate state laws also sets a very bad example to students in his district who are expected to follow

the rules and obey the law.

Upon information and belief, the GMCSD is stealing over 50+ students from our district and is costing our

district over $500,000 in lost funding. The GMCSD is also illegally claiming State Equalization Guarantee (SEG)

funding, Impact Aid, Johnson OMalley funds, Title VII funds, school bus transportation funding, and other

funding sources through their violations of state law. State law and NMPED regulations clearly require the

GMCSD to enter into a transportation agreement pursuant to 22-2-1, 22-2-2, 22-16-2 and 22-8-26, NMSA,

1978 and NMAC 6.42.2.1 through 6.42.2.12. At this point, the GMCSD is clearly violating state law and

regulations regarding this matter because there is no transportation agreement in place. In particular, the

GMCSD is violating NMAC 6.42.2.8(A), (B), and (C), which states:


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NMAC 6.42.2.8 - TRANSPORTATION BOUNDARY AGREEMENTS

A. Districts are authorized to enter into transportation boundary agreements with an adjoiningdistrict or adjoining districts regarding students living within a specified geographic area where

geographical conditions would otherwise make it impractical to transport such students to school

within the district where they live.

B. A transportation boundary agreement must be approved by both local boards of education priorto a district crossing boundary lines to transport students.

C. A transportation boundary agreement shall not duplicate transportation services that are notrequired to effectuate the provision of this rule. If duplicate transportation services are so

required, specific justification shall be provided within the agreement that the requirements of

efficiency and economy are met.

D. Transportation boundary agreements are not authorized to provide services to students whoattend school out-of-district as a matter of choice.

GMCSD's September 3, 2013 letter to Secretary Skandera admits that the GMCSD buses are being used to

transport "students who attend school out-of-district as a matter of choice." Regulation 6.42.2.8(D) explicitly

states that "Transportation boundary agreements are not authorized to provide services to students who

attend school out-of-district as a matter of choice." The GMCSC letter also admits that there are no

"geographical conditions [that] would otherwise make it impractical to transport such students to school

within the district where they live." That is the necessary precondition set out in 6.42.2.8(A) for any such

transportation boundary agreement. GMCSD's letter makes it clear that the problem is not geography or any

kind of physical problem with getting the students to Naschitti, but instead is simply a matter of choice.

I had a phone conversation with GMCSD Superintendent Frank Chiapetti last week that he initiated in which I

stated there were no geographic conditions to warrant this need. We would not agree to such action. It

would be duplicating transportation services in violation of law. If students wanted to attend GMCSD schools

by choice that they would have to provide their own transportation to at least the district line (county line).There is no valid educational reason for students needing to go to his schools because our schools were out

performing his. I knew that they were recruiting athletes to Tohatchi High School and to transport those

athletes also would be a violation of the New Mexico Activities Association (NMAA) regulations. In fact

Tohatchi High School is a competitor of Newcomb High School, in the same NMAA 2A district, and we will be

playing them this Friday in football. I told him that he would be putting that school in jeopardy of being ruled

ineligible for state playoffs. I thought warning him that he was putting his school in danger of being ineligible

would deter him if nothing else. However I am also told that he has been in conflict with NMAA in the past

where he was even banned from going to his own high schools games for a period of time for his behavior. I

warned him not to cross the San Juan County line or I would turn him over to the New Mexico Public Education

department.

Next thing I hear is GMCSD Superintendent Frank Chiapetti, has publicly stated that the GMCSD will now be

running buses into the CCSD without any legal agreement in place and in clear violation of state law and

applicable regulations. It was also reported that as of Tuesday, September 3, 2013, the GMCSD has been

running buses into Naschitti, NM itself, which is over 6 miles from the San Juan County border. Upon

information provided to our district on Wednesday, September 4, 2013, the GMCSD even ran a school bus

north of Naschitti, NM.


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The illegal actions of the GMCSD may also hurt the children and community of Naschitti by jeopardizing the

construction of a brand new $10+ million Naschitti elementary school which is scheduled to start in early 2014.

Gallup McKinley taxpayers wont be paying for that new school, and yet they are illegally stealing our students,

and leaving our taxpayers and district paying the bill. The unlawful actions of the GMCSD have also caused a

substantial decline in student enrollment and are hurting the existing schools in our district. Further, if our

district and taxpayers will be footing the bill for a brand new school in Naschitti, those students should be

attending schools in our district.

Without any evidence, GMCSD Superintendent Frank Chiapetti publicly and falsely accused CCSD in the August

31 September 1, 2013 Gallup Independent by stating that Naschitti has a high number of teachers from the

Phillipines and that some students complain about problems in understanding them. According to our

records, there are no Filipino teachers employed at the Naschitti Elementary School. Not only is Frank

Chiapetti making up his facts and knowingly spreading false and malicious rumors, but his comments are racist

and demeaning to teachers of Filipino descent and should not be condoned or tolerated in any capacity. As a

state and society that greatly values diversity, Frank Chiapettis racist and demeaning comments about Filipino

teachers are despicable.

On a final note, our schools and students in the Newcomb and Naschitti area have significantly better school

grades and test scores than the GMCSD schools in the Tohatchi, NM area. It makes no sense why our students

should be sent to underperforming schools in the GMCSD and why our district should be negatively impacted

as a result of GMCSDs illegal actions. Frank Chiapettis logic and reasoning about why the GMCSD should

be allowed to illegally steal our students is backward and our district should be allowed to transport GMCSD

students to higher performing schools in our District. In fact, students in the CCSD, especially Native American

(predominantly Navajo/Din) students, significantly outperform students in the GMCSD. Further, based on the

recent 2012-2013 school report cards and NMSBA student test scores, the GMCSD was the worst performing

school district in our region; CCSD on the other hand, was the top performing school district and had the best

overall school district GPA. The following charts show where the GMCSD stands in comparison to the CCSD and

other school districts in our region.

2012-2013 SCHOOL DISTRICT REPORT CARD AVERAGE GPAs

District Grade Average School District

GPA

1. Central* C 2.06

2. Aztec D 1.85

3. Farmington D 1.83

4. Bloomfield D 1.57

5. Gallup** D 1.44

Source: 2012-2013 NMPED School Report Cards

Central Schools marked with *

Gallup McKinley Schools marked with **


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HIGH SCHOOLS IN OUR AREA COMPARED TO TOHATCHI HIGH SCHOOL

School Score Grade District From A

1 Piedra Vista 78.7 A Farmington +3.8 above A

2* Kirtland Central 76.7 A Central +1.8 above A

3 Bloomfield 74.4 B Bloomfield -0.6 from A

4* Shiprock 74.3 B Central -0.7 from A

5* Newcomb 73.9 B Central -1.1 from A

6 Aztec 72.7 B Aztec -2.3 from A

7 Farmington 71.8 B Farmington -3.2 from A

8** Tohatchi 65.9 B Gallup -9.1 from A




HIGH SCHOOLS

HIGH SCHOOL READING MATH SCHOOL GRADE

Newcomb High* 2013 34.5%

2012 26.6%

2013 32.4%

2012 25.0%

2013 B

2012 D

Tohatchi High** 2013 23.5%

2012 21.9%

2013 13.6%

2012 19.5%

2013 B

2012 C

Wingate High 2013 - ???

2012 - ???

2011 21.1%

2013 - ???

2012 - ???

2011 15.3%

N/A

N/A

N/A





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MIDDLE SCHOOLS

MIDDLE SCHOOL READING MATH SCHOOL

GRADE

Newcomb Middle* 2013 30.7%

2012 44.0%

2013 19.9%

2012 22.9%

2013 F

2012 D

Choosghai Community 2013 N/A

2012 ???

2011 12.0%

2013 N/A

2012 ???

2011 7.5%

N/A

N/A

N/A

Crystal Boarding 2013 ???

2012 ???

2011 15.9%

2013 ???

2012 ???

2011 4.7%

N/A

N/A

N/A

Tohatchi Middle** 2013 22.5%

2012 32.2%

2013 20.1%

2012 24.3%

2013 F

2012 C

Source: 2012-2013 NMPED School Report CardsCentral Schools marked with *


ELEMENTARY SCHOOLS

ELEMENTARY SCHOOL READING MATH SCHOOL GRADE

Naschitti Elementary* 2013 29.4%

2012 41.0%

2011 32.0%

2013 36.4%

2012 28.2%

2011 22.0%

2013 D

2012 B

2011 C

Newcomb Elementary* 2013 50.0%

2012 44.3%

2011 54.2%

2013 65.3%

2012 62.0%

2011 68.7%

2013 C

2012 B

2011 A

Choosghai Community 2013 ???

2012 ???

2011 12.0%

2013 ???

2012 ???

2011 7.5%

N/A

N/A

N/A

Crystal Boarding 2013 ???

2012 ???

2011 15.9%

2013 ???

2012 ???

2011 4.7%

N/A

N/A

N/A

Tohatchi Elementary** 2013 37.3%

2012 33.6%

2013 29.3%

2012 33.1%

2013 F

2012 F

Twin Lakes Elementary** 2013 21.5%

2012 27.2%

2013 37.4%

2012 25.0%

2013 F

2012 F


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For the reasons stated in this letter, the CCSD strongly requests that the NMPED immediately conduct an

investigation and to issue a cease and desist order against the Gallup McKinley County School District

regarding their numerous violations of state law (22-2-1, 22-2-2, 22-16-2 and 22-8-26, NMSA, 1978) and

NMPED regulations (NMAC 6.42.2.1 through 6.42.2.12) by illegally enrolling and unlawfully transporting

Central Consolidated School District Students in Naschitti, NM to GMSCD schools in Tohatchi, NM Schools. Our

district will use all necessary means, including litigation, to defend our district and students against the illegal

and unlawful actions of Frank Chiapetti and the GMCSD. Our district will also likely be filing complaints with

the United States Department of Education because it is very apparent that Frank Chiapetti and the GMCSD

are fraudulently and illegally claiming federal funding (Impact Aid, Johnson OMalley, Title VII, etc.) for

students who legally reside in our district. If you have any questions or need any additional information, please

do not hesitate to contact me. Thank you.

Sincerely & Respectfully,

Donald G. Levinski, Superintendent

Central Consolidated School District

CC: Ben Shelly, Navajo Nation President/Office of the President & Vice President

Rex Lee Jim, Navajo Nation Vice President/Office of the President & Vice President

Andrew M. Tah, Superintendent/Department of Din Education

Timothy Benally, Assistant Superintendent/Department of Din Education

Johnny Naize, Speaker/Navajo Nation Council

Jonathan Hale, Chairperson/Health, Education, and Human Services CommitteeDr. Ferlin Clark, Assistant Secretary/Indian Education - NMPED

Sandra Jeff, N.M. State Representative (District 5)

Sharon Clahchischilliage, N.M. State Representative (District 4)

Frank Chiapetti, Superintendent (GMCSD)

School Board of CCSD

School Board of GMCSD


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\$L ST,L Qa

STATE OF NEW MEXICOPU BLIC EDU('ATION DEPARTM ENT

3OO DON GASPARSANTA FE, NEW MEXICO 8750I-2786Telephone (505) 827-5800w ww.ped.st&!,e.4m.u!

HANNA SKANDERASTCRETARY OF E OUCATION

September 6,2013Mr. Frank ChiapeniSuperintendentGallup-McKirrley County Public SchoolsP.O. Box l3l8Gallup, New Mexico 87301

SUSANA MARTINEZGovernor

RE: Bus Transportation for Students in Naschitti, N.M.Dear Superintendent Chiapetti :Thank you for your letter dated September 3, 2012 regarding tlre transportatiorr of students frontthe Naschitti area currently enrolled in the Gallup-McKinley County Public Schools (District).Although I share your concerns for the safety of the children from the Naschitti area who aredropped off by their parents for transportation to the District, I must inform you of applicablerules governing the bus transporlation of students by a school district.A school district may not cross school district boundary lines to transport students absent atransportation boundary agreement. I encourage you and your Board of Education to enter into atransportation boundary agreement with the Central Consolidated School District in compliancewith 6.42.2.8 and 6.42.2.9 of the New Mexico Administrative Code (NMAC). In addition, I mustinform you that while 6,42.2.10 NMAC allows a school district to establish a local policygoverning the transportation of non-eligible students who live outside the district's boundaries,non-eligible students will not generate funding through the transportation formula. In addition,6.42.2.10(C) NMAC permits out of district students to board only at the last legal stop of anapproved route. That is yet another reason for encouraging you to negotiate a transportationboundary agreement since your district will not be reimbursed under the transportationdistribution. Section 22-8-26(A) NMSA 1978 only allows money in the transportationdistribution of the Public School Fund to be used for the to-and-from transportation costs ofeligible students attending a public school within the school district.My staff is available to work with the two school districts in attempting the reach a transportationboundary agreement. Should you find that the two school districts are unable to negotiate a


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liuhjccl I sllsr t{) Mr Cluupettrl)rl0 licplcnthcr (r. 2{)11Ptgc 2transportation bourrdary agreemellt; there is a rcsolution process that may be enrployed which isprovided in6.42.2.12 NMAC. Your Board of Education will lrave to t'ile a written complaintwith the Public Education Department (PED) rcquesting the PED to conduct a study of the issuesrelating to the boundary dispute and provide written recomnrcndations fior resolving the disputeunder the terms of 6.42.2.12 NMAC. The PED will render an opinion in writing to the localboards of education on whether conditions exist whish require a transportation agreement. Sinceany transportation boundary agreenrent involves the transportation of Native American students,you will need to sonsult with tlre Navajo Nation on any concerns tlrat the Nation may raiseconcerning the transportation ol these students. See 6.42.2.11 NMAC. The PED will alsoconsider any concerns expressed by the Nava.io Nation in reviewing the issues related to anytransportation boundary complaint that may be filed.ln reviewing your letter, it appears that the students lionr the Naschitti area are attending theTohatchi Schools as a matter ol'choice. You may want to review 6.42.2.8(D) NMAC regardingwhether transportation boundary agreenrents are authorized under such circumstances. Althoughthe students from the Naschitti area may be irr a urrique situation, as a state agency, PED only hasthe authority granted by state law and in exercising that authority, PED is constrained by whatthe statutes and state rules provide with respect to the bus transportation of students. As a schooldistrict, Gallup-McKinley County Public Schools is likewise constrained by those same statutesand rules and PED expects that your district will comply with them. Since your letter states thatyou have asked your Legislators to look into amending the law to address the specialcircumstances that the students in the Naschitti area are facing, that may be a solution to theissues raised in your letter. We are currently in receipt of a letter from Central ConsolidatedSchool District also addressing transportation for students from the Naschitti area which we areevaluating with respect to the issues raised in your letter.Should you have further questions on the procedures described in this letter. please contact me atyour earliest convenience at 505-827-6519.

Cc: Dr. Bruce Tempest, President, GMCS School BoardMr. Kevin Mitchell, Vice-President, GMCS School BoardMr. Joe Menini, Secretary, GMCS School BoardMs. Mavis V. Price, Member, GMCS School BoardMr. Titus J. Nez, Member, GMCS School Board

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