On February 4, Sheila Austin, chairman of the Alabama Public Charter School Commission (the Commission), sent a letter to the Magic City Acceptance Academy (MCAA) in Homewood. In it, she described the Commission's role in ensuring state compliance and the state's remedies, including revoking the school's charter for noncompliance.
The letter addressed Dr. Karen Musgrove, the CEO of MCAA, followed several reports by 1819 News documenting how MCAA was likely not compliant with state and federal laws or directives.
This included an 1819 story that showed the MCAA's 2024-2025 "Student and Parent Handbook, included Magic City Acceptance Academy's "Diversity, Equity, and Inclusion Statement" commitment is included on page four of their 2024-2025 "Student and Parent Handbook," which was dated after the law was passed and just months before it went into effect. The school website noted that the online version was "Updated October 2024," but the school confirmed in January that the online manual was the most current.
Dr. Musgrove received her Ph.D from the UAB School of Public Health. Her dissertation was titled, "Exploring The Physical And Mental Health Disparities In The Transgender Male Community In A Southern Community-Based Medical Lgbtq Organization."
According to the MCAA website's 2024 planned budget, the school receives over $4,300,000 from the state and just under $271,000 from the federal government.
SEE: Alabama's LGBTQ+ Charter School openly defies DEI ban
The February letter to MCAA said, "Pursuant to the Alabama School Choice and Student Accountability Act, the Alabama Public Charter School Commission (the 'Commission') is required to 'continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation to the charter contract. Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter ....' Ala. Code § l 6-6F-8(b). The Commission's oversight authority includes 'the authority to take appropriate corrective actions or exercise sanctions ... in response to apparent deficiencies in public charter school performance or legal compliance.' Id. In addition, the Act provides that the Commission may revoke a charter contract at any time, if the authorizer determines that a public charter school '(s)ubstantially violates any material provision of law from which the public charter school was not exempted.' Ala. Code § 16-6F- 8(c)(7).
As you are no doubt aware, the Commission requires that all charter schools comply with all legal requirements including any current laws that apply to its schools and to notify the commission of any changes to reflect adherence to recent legislation. The Commission conducts compliance through onsite visits and submitted documentation and has not yet received any documentation to its office. In addition, the Commission received various reports of Magic City Acceptance Academy's (MCAA) curricula and other educational programming that, in various ways, violate the requirements of Act 2024-34, which came into effect on October 1, 2024 and is now codified at Ala. Code § 41-1-90, et seq."
The letter closed, "Given the reports of MCAA's noncompliance with a myriad of these statutory provisions, the Commission is concerned that MCAA's curriculum and other educational programming violates state law. Therefore, theCommission hereby requires that MCAA submit via electronic and certified mail, within 30 days of the date of this letter, a detailed and notarized statement to the Commission of MCAA's efforts to come into and guarantee to remain in compliance with the terms of Act 2024-34, Ala. Code § 41-1-90, et seq. This verified statement shall include the following:
- First, MCAA shall provide a detailed description of its efforts to educate itself regarding the requirements of Act 2024-34 and its compliance with said law.
- MCAA shall develop and provide to the Commission a revised student curriculum that is compliant with Act 2024-34.
- In addition, MCAA shall verify, upon penalty of perjury, that its curriculum and educational programming provided to students does not violate the terms of Act 2024-34.
"Failure to provide this statement and come into compliance with the requirements of Act 2024-34, Ala. Code § 41-1-90, et seq., within the 30-day timeframe stated above, may result in various sanctions against MCAA up to and including the immediate revocation of MCAA's charter with the Commission. Your prompt attention to this matter is appreciated."
Just days before the two letters were exchanged, 1819 News reported that cosmetic changes to the school's website and social media accounts had occurred. Documents were edited and have since been edited again, and words and phrases have changed, but at the heart of the issue is the fundamental belief that the school was founded on the principles of divisive concepts they're now trying to hide from.
One of the many media reports highlighting the school's LGBTQ+ focus said that after Governor Kay Ivey signed a bill protecting youth from medical sterilization and unnecessary surgeries.
"MCAA did not shy away from these topics in its classrooms," the report said. One student reported that their "history teacher had his class watch a video on anti-trans legislation being passed, and then led a discussion after the viewing."
As previously reported, another author who visited the school described a culture focused on radical ideology. He described MCAA as the "gay school" and reported that its former principal offered to pay out of pocket for a young female student to have a double mastectomy.
The school's response from Dr. Musgrove said, "As demonstrated by the attached verified statement, MCAA has undertaken substantial and ongoing efforts to ensure that we are in full compliance with Act 2023-34. We take those responsibilities very seriously and are working in good faith to make sure that MCAA complies with the Act. Those efforts include (1) significant revisions to MCAA's Mission and Vision Statements to comply with the requirements of the Act; (2) revisions to MCAA's school logo; (3) significant and ongoing efforts to revise MCAA's signage and interior decor to remove or paint over anything that might be violative of the Act; (4) updates and revisions of MCAA's Student and Parent Handbooks to comply with the Act; (5) revisions to MCAA's student curriculum to comply with the Act; and (6) a concerted effort to educate school faculty and staff on the requirements and prohibitions contained in the Act. Towards that end, MCAA has retained outside legal counsel to advise us on the application and interpretation of the new law."
The letter does not address the fact that the school was not compliant before the 1819 News series, leading to lawmakers around the state questioning their funding. The school is scheduled to have its charter renewed this year.
ALCharterSchoolCommision_MCAAResponse by Trent Baker on Scribd
Apryl Marie Fogel is a Birmingham resident who frequently appears on and guest hosts radio programs around the state. She can be reached at [email protected] or on X and Facebook at @aprylmarie.
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