Mortellus
Dec 20, 2018
A formal state review of Thomas Jefferson Classical Academy's Board practices identified concerns involving conflicts of interest, incomplete governance records, and inconsistent bylaw documentation. The Office of Charter Schools required Board training and changes to governance procedures following complaints filed by parent Dr. Ingeborg Collins.
What happened: On December 27, 2018, the North Carolina Department of Public Instruction's Office of Charter Schools (OCS) issued a formal grievance closure determination concerning Thomas Jefferson Classical Academy, concluding that corrective governance action was required following complaints submitted by parent Dr. Ingeborg Collins. The investigation examined allegations involving Board accountability, public meeting notices, purchasing practices, potential conflicts of interest, Board member compensation, compliance with bylaws, and responses to public records requests. Although the agency did not substantiate every allegation, its review identified deficiencies and uncertainties in TJCA's governance documentation, including incomplete records concerning conflict-of-interest procedures and discrepancies between the Academy's bylaws and the versions maintained by state regulators.
The resulting closure form expressly selected "Corrective Action required by the school" rather than the alternative designation of no action. OCS required the Board to undergo state-provided governance training, comply with formal approval requirements for future bylaw amendments, and review a series of recommendations addressing transparency, conflicts of interest, public participation, and record keeping. The determination represents a significant intervention by North Carolina's charter school oversight authority into the governance practices of TJCA.
What was established:
October–November 2018: Parent complaints prompt formal state review
On October 11, 2018, the Office of Charter Schools received complaints from Dr. Ingeborg Collins concerning the operation and accountability of TJCA's governing Board. On November 16, OCS consultant Ashley Baquero formally notified Board leadership of the complaints and requested documentation addressing eight categories of allegations. These included concerns that the Board lacked an adequate process for hearing grievances against itself, conducted certain business without proper public notice, made purchasing decisions without sufficient review, failed to comply with Board membership and officer-term provisions, and improperly handled public records requests. Collins also questioned whether Board member Paul Foley had been compensated for his service and whether his continued tenure as Treasurer violated the Academy's bylaws.
The complaints reflected broader concerns about whether TJCA's governing Board was operating transparently and consistently with its own governing documents. TJCA, through attorney David Hostetler, submitted its formal response on December 14, 2018. OCS subsequently requested additional materials, including committee minutes, purchasing policies, and documentation concerning the Academy's grievance procedures. The exchange continued through December 20 before the state issued its determination.
December 27, 2018: State findings identify governance concerns
OCS's four-page Grievance Closure Form addressed the complaints individually and documented several significant findings. Conflict-of-interest procedures and incomplete meeting records. One of the most consequential findings concerned a purchasing decision involving a contractor owned by the father of Board member Andy Francis. The investigation reviewed the Academy's purchasing policy, conflict-of-interest requirements, and minutes from the August 7, 2018, Board meeting. OCS determined that the purchase had received the required Board approval and that Francis had abstained from voting. However, the agency also identified important gaps in the documented handling of the conflict. The state's findings observed: "There is no evidence that Mr. Francis left the meetings while a determination was made and no evidence a conflict of interest discussion was held."
OCS further found that the committee meeting minutes lacked detail. Abstaining from a final vote was only one component of the conflict-of-interest procedures described by the agency. The state's review identified no documentation establishing that the interested Board member had withdrawn while the remaining members evaluated the conflict or that the required discussion had occurred. OCS consequently recommended more explicit procedures for identifying conflicts, removing interested members from deliberations, documenting determinations, and maintaining complete committee and Board minutes.
Discrepancies in the Academy's bylaws
The investigation also uncovered inconsistencies between TJCA's governing documents and the records maintained by the Office of Charter Schools. These discrepancies affected the agency's ability to evaluate allegations concerning officer terms and the extension of parent and teacher representatives' service. Regarding Treasurer Paul Foley, TJCA maintained that its revised bylaws permitted him to serve beyond three years. OCS acknowledged that the bylaws supplied by the Academy supported this position.
However, the state possessed an earlier version of the bylaws containing different restrictions. The agency explained that its records did not align with the amendments TJCA had supplied and that it could not determine whether the discrepancy resulted from incomplete state records or the Academy's failure to submit amendments for approval. OCS reached a similar conclusion regarding provisions governing parent and teacher representatives, finding that TJCA had acted within its discretion under the 2016 bylaws it supplied while again identifying uncertainty about the state's approval records. These findings led directly to corrective requirements governing the submission and approval of future bylaw amendments.
Public meeting notices
OCS reported that it found no evidence of public meeting notice violations in the materials reviewed, noting that Board and committee notices appeared on TJCA's website. However, the agency also acknowledged that it could not determine when those notices had actually been posted. It therefore recommended that the Board ensure its posting practices complied with statutory notice requirements.
Board grievances and public accountability
OCS examined TJCA's grievance procedures and the complaint that families lacked an adequate mechanism for challenging the Board's own decisions. The agency explained that state law did not prescribe the contents of a charter school's grievance policy or require a specific procedure for grievances against a nonprofit governing Board. Nevertheless, OCS recommended that TJCA consider publishing clearer information about how grievances concerning the Board could be raised, including policies governing public comment.
Board compensation and public records
The state did not substantiate the allegation that Board members received compensation for their service. Regarding Collins's public records requests, OCS acknowledged TJCA's representation that more than 1,700 documents had been provided and that requests and responses were being uploaded to the school's website. The agency directed the parties to address remaining records disputes through their respective legal counsel.
State orders corrective action
The conclusion of the December 27 closure form is particularly important. The document presented two possible outcomes: no action or corrective action required. OCS selected the latter. The state directed TJCA to complete three actions:
Mandatory governance training. The Board was required to attend training conducted by the Office of Charter Schools no later than July 31, 2019. OCS staff would travel to the school to provide the training.
State approval of bylaw amendments. Future changes to TJCA's bylaws had to receive Board approval and then be submitted to OCS for approval before implementation. This requirement took effect immediately.
Review of governance recommendations. The Board was directed to review and discuss the agency's recommendations concerning public meeting notices, conflicts of interest, committee records, grievance procedures, and transparency.
The agency additionally recommended that TJCA document conflict-of-interest determinations more thoroughly, maintain better meeting minutes, and retain evidence of state approval for bylaw changes. On December 27, Ashley Baquero transmitted the findings to Board Chairman Ray Maxwell and attorney David Hostetler, expressly requesting that the document be reviewed with the entire Board.
Why the findings matter: The December 2018 determination is particularly significant because it provides an independent state assessment of governance concerns raised by a member of TJCA's community. The findings established that some complaints could not be substantiated from the available evidence. They also established that the Academy's existing governance practices warranted corrective intervention. Perhaps most revealing is the combination of the conflict-of-interest and bylaw findings. In one instance, the state found that a Board member had abstained from a financially interested vote but that the records did not establish whether the required conflict-assessment procedures had occurred.
In another, the state could not reconcile the Academy's governing documents with the amendments maintained in its own records. Both situations point to an accountability problem extending beyond any single disputed decision: the ability of the public, and even state regulators, to reconstruct how the Academy's governing Board exercised its authority.
A publicly funded school's governing documents, meeting records, and conflict-of-interest procedures are not merely administrative formalities. They are among the principal mechanisms through which families and the public can evaluate decisions made by individuals exercising authority over public education.
The Office of Charter Schools' decision to require corrective action demonstrates that Collins's complaints resulted in more than correspondence between a dissatisfied parent and the Academy. They produced a formal state oversight determination imposing new obligations on TJCA's Board.
Original evidence:
North Carolina Department of Public Instruction, Office of Charter Schools, Formal Complaint Receipt Form, filed November 16, 2018, concerning complaints received October 11, 2018.
David R. Hostetler, Responses of Thomas Jefferson Classical Academy to Questions of the North Carolina Office of Charter Schools, December 14, 2018.
Correspondence between Ashley Baquero, David Hostetler, and Ray Maxwell, November–December 2018.
North Carolina Department of Public Instruction, Office of Charter Schools, Grievance Closure Form: Thomas Jefferson Classical Academy, December 27, 2018, pp. 1–4.
Archived documentary compilation, 11:16 Complaint to the Office of Charter Schools, including the original complaint, TJCA's responses, supporting materials, and the state's final determination.
Based on the preserved 44-page complaint and correspondence compilation, particularly the state's four-page Grievance Closure Form on PDF pages 41–44.
11:16 Complaint to the Office of Charter Schools.pdf
Subsequent developments: The December 27, 2018, determination established July 31, 2019, as the deadline for mandatory Board governance training. Requirements governing the submission and approval of bylaw amendments took effect immediately. The preserved complaint and closure materials document the state's instructions but do not include subsequent confirmation of the date on which the training occurred or records establishing the Board's review of the recommendations. Documentation of the Academy's response would help establish how the findings translated into changes in governance practice. Particularly relevant materials include OCS training attendance records, subsequent Board minutes, correspondence confirming compliance, records of bylaw amendments submitted for state approval, and changes to the Academy's grievance and conflict-of-interest procedures. TJCATruth.com welcomes historical records documenting TJCA's implementation of the December 2018 corrective-action requirements, particularly materials demonstrating how the Board addressed the governance and transparency concerns identified by the state.
Report from the community: Dr. Ingeborg Collins's formal complaints to the Office of Charter Schools provide a documented account of a parent's sustained efforts to seek outside review of TJCA's governing practices. Her complaints addressed concerns extending beyond individual Board decisions, including the availability of grievance procedures, access to public records, compliance with governing documents, and the handling of potential conflicts of interest. The preserved correspondence also documents the substantial effort involved in pursuing these concerns. Collins's complaints required TJCA to prepare a formal response through legal counsel and prompted multiple exchanges of records and questions between the Academy and state regulators. The resulting investigation demonstrates that community concerns reached the state oversight level and generated a formal institutional response.
Although Collins's complaints are documented in detail, TJCATruth.com has not yet obtained additional independent firsthand accounts from other individuals who directly participated in the OCS investigation or the subsequent governance training. We welcome recollections from parents, teachers, former Board members, administrators, and other community members who were involved in the 2018 governance disputes, attended relevant meetings, or observed changes following the state's corrective-action determination. Individuals with relevant firsthand experiences are encouraged to contact TJCATruth.com. Requests for anonymity will be respected, and identifying information will not be published without the contributor's explicit consent. All submissions will be handled with discretion and confidentiality.