Recently denied Sumter charter school is filing appeal

A lifelong, state-recognized public educator who was taking steps toward starting a public charter school in Sumter County says he will file an appeal in state court later this week against the state Public Charter School District for violating due process in not granting him a public hearing.

Gary Burgess, chairman of BRAG Literacy STRrEAM Institute of Sumter, spoke to The Sumter Item last week and earlier this week on his denied charter application by the South Carolina Public Charter School District Board of Trustees from April 16.

Last week, Burgess retained legal representation from the law office of Johnny E. Watson of Columbia. On May 1, the firm sent a letter of representation to the board chairman of the state public charter school district, Laban Chappell, detailing Burgess' side in the case.

His letter states the district didn't afford Burgess' charter a public hearing and that it failed to provide reasonable notice to the public as stated by the district's attorney, Erik Norton, in his own correspondence to Burgess on April 22.

"A public hearing by definition is not a public hearing unless the public has been given reasonable notice of the hearing," Watson wrote. "The (district) failed to meet the basic elements required for a public hearing."

In state law, Statute 59-40-70(B) reads the board of trustees or area commission from which the applicant is seeking sponsorship shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within 90 days after receiving the application. If there is no ruling within 90 days, the application is considered approved.

Directed to Chairman Chappell, Watson wrote, "Our client representative, Superintendent Dr. Gary Burgess, asked specifically according to the recording of your meeting, dated April 16, 2019, and witnesses, 'Is this a meeting or hearing,' You, the board chairman for the district, stated, 'Meeting.'"

The letter then says when Burgess asked if he would be able to speak to present supporting and clarifying documents to the board during the proceeding, the board's staff member and legal counsel, Erik Norton, demanded Burgess leave the facility.

Burgess told The Sumter Item he was also denied sponsorship by the board based on "extremely inaccurate information" and couldn't speak to establish facts.

Now, his law firm is telling Burgess - based on the state law - to proceed as if he already has a charter.

Burgess' group has been active in Sumter since last summer, meeting with officials from the school district, USC Sumter and Central Carolina Technical College among various others, according to Burgess and BRAG's Facebook page.

He said Sumter School District officials told him last fall they didn't think there was a need for a public charter in Sumter, so Burgess decided to pursue sponsorship via the state charter district.

After months of community events with families to build awareness on the charter concept, the BRAG institute has a little more than 200 pre-registered students currently. Its intention was to be open in fall 2020.

"We have told our clients to operate as if they have a charter because the charter school district procedure has violated the law," Watson Law Firm clerk Shaquanna Cuttino said Tuesday. "The law states that if they fail to do a hearing, then the charter is automatically granted."

Cuttino also said the firm will be officially appealing the board's denial to the state's administrative law court this week.

Burgess asserts there is bias in the state charter district's application process - at least in this year's cycle.

He points to one charter school the state board approved unanimously, Compass Collegiate Academy of Charleston. Burgess said, and multiple online sources confirm, that Compass' chairman of its charter committee, Hunter Schimpff, is a former employee of the state public charter school district. Schimpff told The Charleston Post and Courier that he left that position before applying to create the new school.

State Public Charter School District Superintendent Elliot Smalley and Chappell, the board's chairman, didn't return phone calls from The Item on Tuesday. The district's communications director, Taylor Fulcher, did return emailed submitted questions late Wednesday afternoon.In the statements, Fulcher said BRAG did have a public hearing on both March 19 and April 16 with the district's board of trustees. When contacted Wednesday night, Burgess still contends otherwise.

Fulcher also said Burgess was informed was "could leave" if he could not follow meeting protocol rules. Burgess contends he was told to leave.

Fulcher defended the district's actions and said the district plans to vigorously defend its decision in court.

Greg Thompson, a businessman in Sumter who previously served on the Sumter School District Finance Committee, is also in the beginning stages of trying to establish a charter school in Sumter. A connection to the two charters is not known at this time.

More on Burgess and BRAG institute

BRAG stands for the Burgess Research Action Group LLC, and Burgess serves as its president and chief executive officer. STRrEAM stands for science, technology, reading, robotics, engineering, art and math, which would be areas of curriculum focus.

The charter had planned to start to serve grades K4 through fifth grade in fall 2020, later adding grades six through eight.

During the last two years, Burgess said, many Sumter residents have reached out to him and his group with interest in starting a public charter here. After Sumter School District voted to close two schools (Mayewood Middle School and F.J. DeLaine Elementary School) in 2018, Burgess said his interest piqued even more because his group could potentially acquire one of those facilities to house the charter.

BRAG Literacy has still not secured a facility in Sumter. Last week, Burgess said, it offered Sumter School District $25,000 to purchase the now-closed F.J. DeLaine Elementary School in Wedgefield, but the district's board of trustees rejected the offer 9-0 at its April 29 meeting. Burgess was at that board meeting, along with BRAG community liaison Maryln Hammett.

According to his resume, Burgess served 28 years in public education in South Carolina, primarily in the Upstate. He was a classroom teacher, assistant principal and principal before he finished his career as superintendent of Anderson School District 4 in Pendleton from 2003-'08. Burgess is also a current member and secretary of the Anderson County Board of Education, which oversees spending for the county's five school districts.

He also previously ran twice earlier this decade as a Republican candidate for state superintendent of education and has appeared as a guest columnist in The State, The Greenville News, The Aiken Standard and other publications.