NEWBURYPORT — Following months of turmoil that saw staff and its executive director depart, the River Valley Charter School board of trustees recently received a letter from the Department of Elementary and Secondary Education questioning the board’s ability to lead.
“The department has concerns about the current ability of the River Valley board to effectively govern the school and meet its responsibilities and obligations,” said the letter, written by Associate Commissioner of the Office of Charter Schools and School Redesign Alison Bagg. “The department’s concerns arise from observations related to board governance practices, understanding of board responsibilities and compliance with applicable legal requirements.”
River Valley opened in September 1999 with 160 students enrolled in the first through fifth grades, according to its website.
The DESE and its commissioner are the state’s sole charter school authorizers with the power to grant, amend, sanction and revoke charters.
The letter, addressed to board Chair Tanya Murdy, was sent June 26. It comes following a school year that ended in turmoil, reaching a new peak when teacher Eva Thibeault was escorted out of her classroom during a class just weeks before the school year ended, according to a school official and multiple parents.
That incident came soon after over 100 parents, staff, students and alumni stood outside the Perry Way school voicing their disapproval of Executive Director Karen Kuse and the school’s executive committee.
Soon after Thibault’s departure, it was announced that Kuse would not return this fall.
The tumultuous climate became known to DESE as the school community reached out.
“Over the past three months, the Department of Elementary and Secondary Education has been the recipient of multiple communications from members of the River Valley Charter School community who have expressed concerns about the governance, charter commitments, and climate of the school,” the letter said.
The letter also states that DESE staff attended a River Valley board of trustees retreat on March 28 and virtually observed a River Valley board meeting on April 29 and June 17.
“Taken together, the communications received and the department’s observations indicate confusion regarding charter governance responsibilities and raise concerns regarding board oversight and compliance,” the letter states. “This letter seeks to clarify the role of the charter authorizer in Massachusetts and what constitutes the material terms of River Valley’s charter.”
It said the letter also reminds board members of “their obligations under law and regulations to provide competent and appropriate governance that ensures the success and sustainability of the school.”
It also addressed open meeting law complaints filed against the board.
Most recently, a leaked executive session held by River Valley’s executive committee on May 15 led to a state Open Meeting Law violation complaint filed by parent Jared Hubbard.
The meeting saw the executive committee discuss whether to recommend the removal of board of trustees member Derek Mitchell.
Hubbard’s complaint detailed three violations of the Open Meeting Law; first, a lack of 48-hour notice regarding a discussion of the “reputation, character, physical condition or mental health, rather than professional competence, of an individual” and the exclusion of the person in question, Mitchell; second, discussion of issues not listed as the reason for the executive session, including when public relations statements would be issued unrelated to that individual, and when funding would be obtained by the school; and lastly, the revelation that members had discussed issues before the board of trustees outside of any public hearing or executive session with a quorum of the members of the entire board.
“While these complaints remain pending and no determination has been made, their existence reinforces the importance of board compliance with OML requirements,” the DESE said in its letter.
It noted that DESE’s Charter School Performance Criteria set expectations for charter schools in the three areas of charter school accountability: faithfulness to charter, academic program success and organizational viability.
“Governance articulates the baseline expectations of an effective governing board, which include the duty of loyalty and care, compliance with law, and other markers of competent governance,” The letter said. “I recommend the River Valley board of trustees review and determine a path toward meeting the expectations contained within the criteria.”
The letter also states the board may seek additional guidance related to competent and compliant governance practices from its legal counsel.
Reached for comment, Murdy acknowledged receiving the state’s letter.
“We appreciate the department’s guidance and its continued partnership in supporting strong public charter school governance,” Murdy said, in a statement.
She noted the DESE letter was included on the board’s June 30 public meeting agenda, discussed in open session, and is reflected in the board’s meeting minutes.
“During that same meeting, the board publicly identified additional governance initiatives that are now underway,” Murdy said.
She said DESE’s correspondence reinforces the importance of sound governance practices, including maintaining the distinction between governance and management, fulfilling trustees’ fiduciary responsibilities, and ensuring that board actions remain aligned with RVCS’ mission and charter.
Consistent with that guidance, she said the board has initiated several governance development measures, including leadership development for trustees; open meeting law training with legal counsel; enhanced trustee onboarding and governance education with the board’s governance facilitator; and continued governance training reinforcing the distinct roles of the Board and school administration.
“Massachusetts public charter schools operate under a governance model that clearly separates oversight from management,” Murdy said. “The board of trustees is responsible for strategic oversight, fiscal stewardship, policy, charter accountability, and the hiring and evaluation of the executive director. School leadership is responsible for the daily operation of the school, including educational programming, personnel management, and operational decision making.”
She said as board chair, she remains committed to ensuring the board continues to strengthen its governance practices, fulfills its fiduciary responsibilities, and remains focused on the work entrusted to it under the school’s charter.
“River Valley Charter School’s mission is to provide a rigorous academic program based on the Montessori philosophy and rooted in the history, culture, and ecology of the Merrimack River Valley,” Murdy said. “Our role as trustees is to ensure that every governance decision supports that mission and creates the conditions for students to reach their full potential as scholars, critical thinkers, creative problem-solvers, and productive members of society.”
She said the board of trustees appreciates the DESE’s guidance and views continuous improvement as an essential part of effective public governance.
“We remain committed to transparency, accountability, and fulfilling our responsibilities so that River Valley Charter School continues to serve its students, families and community with excellence,” Murdy said.
Matt Petry covers Amesbury and Salisbury for The Daily News of Newburyport. Email him at: mpetry@northofboston.com.