Court says contributors' names are public

The names of all contributors to the Alternative Resource Classroom at Lopez Elementary School must be made public.

That was the ruling of San Juan County Superior Court Judge Alan Hancock, who rejected a request by parent contributors to the alternative educational public school program for students in grades K-6. The parents contended that disclosure would hurt them and the program, and they sought an injunction to prevent public disclosure. But Hancock turned them down at a hearing June 10.

The Alternative Resource Classroom program encourages individualized, self-paced learning. It is funded largely by the school district, but it depends on private contributions for field trips and other special projects.

Lopez farmer Gary Franco demanded that the names be disclosed, insisting this was public information. Franco made his demand in a letter to the Lopez school board on May 2.

The school board refused to turn over the names “in order that the parents might have the opportunity to seek injunctive relief against the disclosure,” according to a legal brief submitted to the court by Attorney Diana Hancock. She represented Jamie Stephens, a parent of one of the children. Stephens was acting on behalf of several parents, among them Linda Bartolucci, who on May 20 personally appealed to Franco asking that his request be limited to asking for “the amounts of the contributions but not the names of the contributors.”

The parents contended that they “made their donations to the ... program with the understanding and belief that those donations were private and confidential, both as to the amount of the donation and whether or not specific individuals within the parent group made monetary contributions,” the attorney told the court.

“The ... program is at risk of substantial damage to its program if the parent contributions are made public,” Attorney Hancock wrote. “There is a very real risk that they will choose not to contribute at all rather than have their private contributions open to public scrutiny."

But the judge rejected the parents’ argument, stating that they had failed to demonstrate any substantial injury to themselves or to the program by publicly disclosing the contributors.

Ironically, school board President Lauren Stephens — wife of Jamie Stephens and a program parent — agreed with the judge. Lauren Stephens said she doubted that the Alternative Resource Classroom would be adversely affected by the ruling, adding that the school board didn’t intend to revisit policies governing the operation of the alternative program.

Superintendent John Sosa told The Islands' Sounder June 13 that the names of the contributors had been turned over to Franco.

Franco’s interest in making the names public extended beyond the issue of the public’s right to know. He believes that disclosure of the names will demonstrate that the program is elitist and that it “uses public funds to run a quasi-private school.”

He is particularly critical of a contract that must be signed by the parents of those who take part in the program. That contract requires the parents “to commit to a minimum of three hours a week in the classroom per child, support each fundraiser, attend all meetings, and agree that non-compliance with the present contract permits expulsion of the child at any time during the school year,” according to the brief he filed with the court.

Franco contends that these rules exclude the students of working people who lack the flexibility to spend part of their work day at the school at the school. He also stated that his views are shared by many on Lopez.

Attorney Hancock answered, “The parents are from all walks of life. Some have more financial resources than the others ... It does not nor should not matter who contributes how much.”

Alternative Resource Classroom consists of 35 students and two teachers. It is open to everyone, according to school policy, with the only limit being “the school district’s ability and willingness to staff the program with teachers.”

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