CHARTER SCHOOLS -- SECOND OF FOUR PARTS; ST. LOUISAN CONFIDENT HIS SCHOOL WILL COME ABOUT

ST. LOUIS -- Lamar Basil Beyah believes Missouri law and public opinion are on his side.

Beyah is chief executive officer of the African-American Rite of Passage charter school, the only charter approved in St. Louis since the state law that permits charter schools in St. Louis and Kansas City was passed in 1998.

The school didn't open as scheduled this fall because of a legal challenge from the St. Louis Board of Education. However, Beyah said he expects a legal judgment in support of the charter and the state law that established it as early as next month. The judgment would parallel support Beyah said he continues to receive from teachers, students and parents."Our enrollment is up to 584 registered presently, and we get calls every week from teachers indicating interest," he said. "Certainly we will open next spring or next fall, contingent on the judge deciding the charter law is proper and constitutional in the state of Missouri."In July the St. Louis school board filed a lawsuit that challenges the constitutionality of the state law. The lawsuit also alleges Beyah's school-learning program doesn't meet state educational mandates and should not have been granted. The lawsuit questions whether the charter school is nonsectarian and whether an apparent focus on black students could discourage white students and others from enrolling.

A spokesperson for the school district declined to comment, saying the lawsuit is still under review.

Beyah said the allegations are less about the school's curriculum and operating plan and more about a desire "to get paid for poor delivery." Beyah said the school district and others also are opposed to his involvement as chief executive officer of the school.

Beyah served 41 months in prison for stealing postal money orders. Missouri law includes no requirement for background checks on administrators for charter schools, although public schools are mandated to do so."Some have wanted to change the name of the school, some people have tried to have my board vote me out," he said. "These people are fighting because they know they haven't performed. You don't want to lose your paycheck, and they're fighting change."Laura Friedman, director of the Charter Schools Information Center in St. Louis, said she is disappointed in the St. Louis school board's decision to challenge charter schools. She said charter schools can improve the quality of existing public schools by giving students choices and providing alternative experiences for students classified at risk for dropping out.

Charter schools also can provide educational models that later can be used in the public school setting, she said.

Said Friedman: "They should not force every child and every family to take the same kind of education. They should be in the business of trying to find the best educators and the best system and the best methods and apply those in a way that benefit the most children."If allowed to open, Beyah's charter would have to be amended to reflect a change in management. Deacon Management Co., a company that operates numerous charter schools nationally, pulled out of its agreement to manage the school.

Mary FitzGerald, associate vice chancellor for academic affairs at the University of Missouri-St. Louis, said rumors the university had pulled the African-American Rite of Passage charter are untrue. The university is "holding back on doing anything on charter schools" until the lawsuit challenge is resolved, she said.

However, Beyah's charter is now and will remain intact provided "the quality of education and financial viability are as before," she said."They certainly have a great number of supporters for this particular group," said FitzGerald. "If the lawsuit ends happily for them, they will be able to proceed."FitzGerald said the university isn't taking a stand for or against the creation of charter schools. Rather, it is "fulfilling our obligation under the law," she said."Universities are not especially set up to be charter sponsors. It's a whole new role for us and certainly not anything we sought," she said. "Our position is that the citizens of the state have spoken. They want charter schools, so we do it."Friedman said her center is working with other groups to establish charters in St. Louis. There is a national movement towards school choice because people now realize students benefit from selecting the educational environment that best suits their style of learning, she said."I think we need to play to the strengths of our kids," she said. "There is nothing wrong with a vigorous college prep curriculum, but it's not for everyone."