Editorial: Withdraw new school application

Monday, March 29, 2004 | 9:23 a.m.

John Hawk, a member of the Nevada State Board of Education, originally impressed the Clark County School Board with his proposal for a charter school. The school would be called the Nevada State High School and its 11th and 12th grade students would share resources with the Nevada State College in Henderson. Graduates from the charter school would have a jump on their college education, since many of the courses they had taken would qualify as college credits.

The School Board originally approved Hawk's proposal. Last week, however, it rescinded the approval, citing concerns that Hawk had received waivers from the State Board of Education that allowed him to shorten the proposed school's calendar year and relax the licensing requirements for teachers. School Board members wondered aloud why they were even involved if the state board could take such action. And in our view there was another issue: Why is the state board granting waivers that affect an application by one of its own members?

Under Nevada law, if a charter school is not approved by the local school district, it may seek approval from the State Board of Education. This is the route Hawk now says he intends to travel. Once again, however, there is an obvious conflict of interest. Hawk is a member of the board that now has the power of life and death over his proposed charter school.

Hawk was aware of the potential for a conflict between his position as a state education board member and his position as an applicant for a charter school. In November, he sought and received an opinion from the state Ethics Commission. The commission ruled he could stay on the state board -- but only if the Clark County School Board was the one to approve and supervise his school.

After the board's action last week, however, Hawk said he intends to take his application to his colleagues on the State Board of Education. He will resign from the board, he said, if his colleagues approve it. In our view, if Hawk stays on the board and simply abstains from voting on his application, he will nevertheless be in a position to affect the vote. Resigning from the board before applying wouldn't work, either. With the access he's gained as a member, he would still be in a position to influence the outcome.

The choice is now clear for Hawk. He must withdraw his application for a charter school -- or engage in a clear conflict of interest.