SAN MARCOS — The San Marcos Unified School District has denied the renewal of a charter petition for Baypoint Preparatory Academy, which faces possible closure after this academic year unless the state education board agrees to provide oversight.
Baypoint Prep has been operating in San Marcos since 2018, with around 200 students currently in grades TK-8. The school currently operates under a charter granted by the California State Board of Education that will expire in July 2026.
Although the school is overseen by the state, the education code requires requests for charter renewal to be submitted to the school district within the boundaries of which the school is located, which in this case is San Marcos Unified.
At a Sept. 11 meeting, after communicating for a few months regarding the charter petition, the San Marcos Unified board voted unanimously to deny the petition due to substantial fiscal and governance concerns, despite pleadings from Baypoint families.
The district stated that Baypoint’s petition provided unreasonable average daily attendance (ADA) assumptions for the upcoming years, leading to inflated anticipated revenue and spurring concerns about debt repayment if enrollment targets were not met.
“District staff believe that Baypoint’s enrollment assumptions are overly optimistic in order to justify the debt financing they are seeking to expand their facility. Baypoint’s ability to repay this significant debt will be compromised if it is unable to achieve significant enrollment growth over the next several years — something that has never been done historically,” district staff said in a report.
Over the past two school years, enrollment at Baypoint has dropped from 237 to 162 students, per school data. However, Baypoint projects seeing a 39% rise in the 2025-26 school year to 225 students, followed by additional increases of 39% and 36% in each of the following two years.
If they did not see a projected enrollment of 225 students during this school year, the school said it would reduce expenditures by eliminating certain classified and substitute positions, reducing leadership compensation, and combining below-capacity grade levels.
The district also said Baypoint’s charter petition did not include descriptions of new charter school requirements enacted since the current charter was granted. Lastly, the district said the school also held an unlawful board of trustees meeting earlier this year due to a lack of a quorum.
Baypoint leadership was given time to address and cure the concerns from San Marcos Unified. However, the district said Baypoint “dismissed” the attendance concerns and did not adjust its data, and also failed to properly address the other issues.
Baypoint CEO Frank Ogwaro and several Baypoint families pleaded with the district to approve the petition. Ogwaro said Baypoint is a prime candidate for charter renewal, and the concerns outlined by the district are not substantial enough to warrant rejecting the petition.
“We have been successfully operating our program for seven years and we are more than capable of continuing to do so in the next renewal term,” Ogwaro said. “We believe it is unwarranted to deny renewal of a high-performing, well-established school in this community for initial concerns that were immediately addressed, and additional reasons such as language was missing in the petition to address more recent updates to Ed Code.”
According to district staff, Baypoint can appeal the district’s decision to the State Board of Education and request that it be the chartering authority once again. The Coast News has reached out to Baypoint for comment regarding its next steps.
‘Give the school a second chance’
Several parents said Baypoint provides support for students that they were unable to find at other San Marcos Unified schools. They said they enjoy the looping model, in which a teacher remains with a group of students for more than one grade level, as well as the closed campus, extracurricular activities, and responsiveness of staff.
Parent Jonathan Perez said his daughter was originally enrolled in a public school, but they were told right before the school year started that there was no room for her. They reached out to Baypoint and were immediately welcomed into the school, he said.
Another parent, Priscilla Nelson, said Baypoint makes her son feel safe and supported compared to public schools. He struggled to speak clearly when he was younger, and Baypoint has helped him to greatly improve his speech.
“This is our school and it’s our choice. Don’t take that from us,” Nelson said. “When is it going to be about our babies, about their education? It’s all about them. These children are our future, but they cannot be our future if we as adults are selfish.”
Several students were also engaged in the discussion, and spoke up in support of their school. Student Josiah Kruse said he loves Baypoint, and that seeing it close would be heartbreaking.
“Personally, this school has made a huge difference in my life. I’ve had teachers who supported me when I struggled, classmates who’ve made me feel included, and a school community that always believed in me. I’ve learned more than just facts. I’ve learned confidence, responsibility, and how to be part of something bigger than myself,” Kruse said.
Other students said the school has given them opportunities they can’t find at other schools. Two girls on the Baypoint archery team said they have been able to compete at the national level and are among the best in their age groups in the state.
“I’m really proud of that, and it wouldn’t have been possible without the support I get here. I also like that the younger girls in elementary can see me and know they can do it too,” said sixth grader Sarah Budfoloski. “Baypoint is a place where we get to try new things, learn, and support each other. I really hope this school can continue for many more students because it has made a big difference in my life.”
Trustee Stacy Carlson said she supports school choice as well as charter schools. However, district staff informed the board that if they approved the charter, San Marcos Unified would be held liable if the school is involved in any legal issues.
Baypoint was founded by many of the same individuals who were involved in Bayshore Preparatory Charter, a K-12 independent study school in San Marcos that closed when Baypoint opened.
The school also sought charter petition approval from the San Marcos Unified School District in 2018, but was rejected. The school appealed the decision to the San Diego County Office of Education, which also rejected it. Baypoint then took the case to the State Board of Education, where board members overrode a staff recommendation for denial and approved the petition.
Baypoint was accredited by the WASC Accrediting Commission for schools in 2022.
The Baypoint community underwent a period of upheaval last year when the small charter school suddenly laid off half of its teachers. These layoffs sparked an outcry from some families, with some of whom ultimately withdrew their children from the school.
One parent speaking at the meeting claimed that some of these families who left last year were responsible for writing emails to the district, urging them to deny Baypoint’s renewal petition.
The district noted that they received emails both in support of and in opposition to the renewal.
“They shouldn’t speak for me and I don’t think they speak for the rest of those in support tonight. So, I would like to ask you to please give the school a second chance to grow in the community by granting its renewal,” said parent Terry Celine.
