September 1, 2015

Via email only: ttapper.iqs@gmail.com

Tom Tapper
Executive Director
Innovative Quality Schools
101 Bluff Lane
Dundas, MN 55019
Via email only: jfarah300@gmail.com
Jama Farah
No mailing address provided
Re: Summit charter school
MDE File No.: 15.07
Dear Mr. Tapper and Mr. Farah:
As you know, Mr. Farah filed a Complaint with the Minnesota Department of Education (MDE)
on June 24, 2015. It raised the following allegations: (a) excessive church-state entanglement
between Summit Charter School (a school that was scheduled to open this fall) and various
Muslim-affiliated organizations, and (b) conflicts of interest among the school and its
developers.
Specifically, the Complainant (who claims to be a representative of [t]he Somali community)
alleged:

The school appears to be a re-emergence of the controversial TIZA1 charter school.

Summit Charter School will be housed at 4100 E 66th St. Suite, Inver Grove Heights,
MN. This is the same building as the former TIZA and the state headquarters of a
religious institution, Muslim American Society of Minnesota (MAS-MN). Several
members of MAS-MN have been promoting Summit Charter School in the community by
putting up flyers, talking to prospective parents and attending school meetings. What
role does MAS-MN play at Summit Charter School? Will a religious institution unfairly
influence the school?

Tarek ibn Ziyad Academy (TiZA).

Asad Zaman [Zaman] was the principal of TIZA and is the long-time president of MASMN What role does Asad Zaman play at Summit Charter School?

The former vice-principal of TIZA, Magy Rabeaa [Rabeaa],2 is the principal of Summit
Charter School.

Pursuant to MDEs complaint resolution process, MDE gathered information from the
Complainant and its authorizer, Innovative Quality School (IQS). IQS responded by letter on
July 22, 2015 (and also included a letter and exhibits from Summit charter school, dated June
18, 2015).3 The Complainant replied by email on August 5, 2015, and Sharmarke Hassan also
provided information consistent with the Complaint on August 21, 2015. This letter constitutes
the MDEs findings of fact and determination.
Background
1. ACLU v. Tarek ibn Ziyad Academy
Because the Complaint raised concerns by reference to TiZA and more than one of its former
employees (Zaman and Rabeaa) MDE provides the following background by way of reference.
In January 2009, MDEs Commissioner was named as a defendant in a lawsuit, ACLU v. Tarek
ibn Ziyad Academy, et al. (TiZA lawsuit). That matter, like the Complaint here, involved
allegations of excessive church-state entanglement between TiZA, its authorizer,4 Islamic Relief
USA, and other entities, including: MAS-MN (which shared building space with TiZA), and
Minnesota Education Trust (MET) (TiZAs landlord). The TiZA lawsuit was settled in 2012. As
part of the settlement, future and existing Minnesota charter schools and their authorizers were
(and continue to be) required to submit written assurances to MDE that the charter schools they
authorized operated in a nonsectarian manner. Additionally, several of the individuals involved
in TiZAs operations, including Zaman, were barred from charter school involvement for a period
of five years (a period that expired in April 2015).5
The TiZA settlement also included a Stipulation of Facts that appears to have heightened the
Complainants concerns about Summit. For example, it was stipulated that TiZA shared space
with MAS-MN, a religious organization, and that it was difficult to separate the TiZA school from
MAS-MN, physically or otherwise. TiZA Stipulation, 39 and 40, p. 9. Also, that TiZAs uniform
policy appeared to have a religious component to it because female students and staff were
required to wear clothing that covered them more than their male counterparts. Id., 112 and
113, p. 20.

The correct spelling is, Magdy Rabeaa.

IQS apparently became aware of issues similar to those raised in the Complaint here at an earlier date,
and raised them with the school, thus explaining why the date of Summit charter schools letter precedes
that of the Complaint.
4

At the time, authorizers were known as sponsors.

This restriction did not apply to Rabeaa.

2. Applicable law
Under Minnesota law, charter schools must operate in a nonsectarian manner:
A charter school must be nonsectarian in its programs, admission policies, employment
practices, and all other operations. An authorizer may not authorize a charter school or
program that is affiliated with a nonpublic sectarian school or a religious institution.
Minnesota Statutes, 124D.10, subdivision 8(d). MDE takes guidance on the meaning of
nonsectarian from the U.S. Supreme Courts interpretation of the Establishment Clause of the
federal constitutions First Amendment. That Court ruled that the government violates the
Establishment Clause if it excessively entangles with religion. See Lemon v. Kurtzman, 403
U.S. 602 (1971).
Minnesota law also prohibits conflicts of interest by charter school board members:
(a) An individual is prohibited from serving as a member of the charter school board of
directors if the individual, an immediate family member, or the individual's partner is a full
or part owner or principal with a for-profit or nonprofit entity or independent contractor
with whom the charter school contracts, directly or indirectly, for professional services,
goods, or facilities. An individual is prohibited from serving as a board member if an
immediate family member is an employee of the school. A violation of this prohibition
renders a contract voidable at the option of the commissioner or the charter school
board of directors. A member of a charter school board of directors who violates this
prohibition is individually liable to the charter school for any damage caused by the
violation.
(b) No member of the board of directors, employee, officer, or agent of a charter school
shall participate in selecting, awarding, or administering a contract if a conflict of interest
exists. A conflict exists when:
(1) the board member, employee, officer, or agent;
(2) the immediate family of the board member, employee, officer, or agent;
(3) the partner of the board member, employee, officer, or agent; or
(4) an organization that employs, or is about to employ any individual in clauses (1) to
(3),
has a financial or other interest in the entity with which the charter school is contracting.
A violation of this prohibition renders the contract void.
Minnesota Statutes, 124D.10, subdivision 4a.
3

3. Authorizer and Complainant Responses

On July 24, 2015, Summits authorizer, IQS, responded to the Complaint, and MDE shared
IQSs response with the Complainant. IQS acknowledged that Summit was planning to open in
the same space as the former TiZA, adjoined to MAS-MN. IQS disputes, however, that there
was any religious connection between Summit charter school and MAS-MN, or its landlord
MET, and that the developers decision to locate in the same facility as MAS-MN was based on
limitations Summit charter school was experiencing finding suitable space. See IQS Response,
p. 2.6
On August 5, 2015, the Complainant replied to the IQS response, stating that MET was created
by Zaman, who allegedly controls the MET board. Mr. Farah also provided additional
background on the entities and individuals he believes are involved in this matter. Mr. Farah
declined to meet due to alleged safety concerns, and referred MDE to Sharmarke Hassan for
further information.7 Mr. Hassan was familiar with the basic allegations in the Complaint.
4. Findings of Fact
Based on the information MDE was able to gather in its investigation, MDE makes the following
findings of fact with respect to the June 24, 2015, Complaint:
a. Rabeaa was the vice-principal at TiZA. IQS Response, p. 8.
b. Rabeaa was not restricted from working with charter schools following the TiZA lawsuit.
c. Rabeaa is the intended executive director for Summit charter school and its only
employee. Id., p. 7.
d. Based on available information, none of the individuals identified in the TiZA Stipulation,
including Zaman, are involved with Summit charter school. Id., pp. 5-6.

IQS reviewed Summits Board minutes and interviewed Rabeaa and others on this point. See IQS
Response, p. 2.
7

Mr. Hassan informed MDE he did not know nor was aware of Mr. Farah. Mr. Hassan described himself
as a community activist with no ties to any organization. Mr. Hassan stated he met with several parents
who complained to him and two other unnamed associates about Summit charter school, and that he
participated in a town hall type meeting with parents about Summit charter school in early June 2015. It
was through these interactions that Mr. Hassan stated he was familiar with the issue concerning alleged
ties between TiZA and Summit charter schools. However, a news article states: [Mr.] Hassan said he
helped draft the complaint to the state Department of Education about Summit.
http://www.twincities.com/education/ci_28534627/charter-schools-shaky-start-continues

e. In late-February or early March 2015, Summit charter school entered into a lease with
MET in Inver Grove Heights in the same facility as MAS-MN. Id., p. 4.
f.

At the time Summit charter school entered into its lease with MET, a member of its
school board, Heather Lampe (Lampe), was married to a MET board director, Zeeshan
Tariq (Tariq). IQS letter, July 17, 2015, p. 1.

g. At the time Summit charter school entered into its lease with MET, there had been no
board training.
h. On August 18, 2014, IQS submitted written and signed assurances to MDE that
Summit charter school would operate as a nonsectarian school.
i.

On May 22, 2015, Lampe resigned from Summit charters school board.

j.

On June 18, 2015, Summit charter school executed written assurances that it
would operate as a nonsectarian school. See Summits Response, Exhibit A, pp.
1-2.

k. On July 15, 2015, the Summit charter school board invalidated the lease between
Summit charter school and MET. IQS letter, July 17, 2015, p. 1.
l.

On July 17, 2015, based in part on the Lampe-Tariq board member connection when
Summit entered into the MET lease, IQS declined to certify that Summit charter school
was ready to open. Id. 2015.

m. IQSs July 17, 2015, decision was not based on concerns regarding Summit charter
schools nonsectarian status. Id.
n. Per its website, Summit charter school has delayed opening until fall 2016.
http://summitcharterschool.org8
o. Summit charter school is searching for lease space not associated with MAS-MN or
MET.
p. Summit chart schools policies prohibit harassment or discrimination based on religion.
https://www.dropbox.com/sh/75f4hxm982yob29/AADetV5ld4zs_JGqb2_BmFe6a?dl=09
q. Summit charter schools policy on religion states that it accommodates a students right
to freely exercise religion, but that the schools activities are to be religiously neutral. Id.
r.

Summit charter schools uniform policy is not based on religion. Id.

Last accessed on August 21, 2015.

Last accessed on August 14, 2015.

5. Determination
a. Conflict of Interest
The Summit charter school board violated Minnesota Statutes, 124D.10, subdivision 4a, when
it entered into a lease with MET while a member of the Summit charter school board (Lampe)
was married to a MET board member (Tariq).
b. Excessive entanglement issue
Currently, there is insufficient evidence of an excessive entanglement of church-state issues
between Summit, MET and MAS-MN. Specifically,

The Complainant expressed particular concern about Zamans supposed involvement

with Summit charter school, but MDE was not provided (nor learned of) any information
to show any connection. Even if there was, Zamans court-restricted involvement with
charter school expired in April 2015.

Only one former TiZA administrator, Rabeaa, appears to be involved with Summit, and
he was not restricted by the terms of the TiZA settlement.

Summit was to have opened in the former TiZA space, sharing space with MAS-MN as
TiZA did. The Summit charter school board invalidated that lease and is searching for
space that is not affiliated with MAS-MN or MET. It is the responsibility of IQS to monitor
the terms and parties of any new lease.

The Complainant claimed that MAS-MN was distributing flyers marketing Summit charter
school. MDE was provided with a flyer during this investigation but it did not contain any
direct reference to religion or a religious affiliation.10

c. Corrective Action
i.

Conflict of interest

MDE recommends to IQS that Summit undergo board training on the topic of conflicts of
interest. Such training should be conducted by a third-party and be completed within 45
calendar days of the date of this determination. Please submit an agenda of the training session
(and any written materials or PowerPoint presentations) to MDE prior to the training, for review

10

The flyer included the following: A world language will be offered based on the preferences of a
majority of parents. Apparently the same or similar language was involved in promotional materials for
TiZA, and TiZAs Arabic materials contained religious material. TiZA Stipulation, 163, p. 27. It was
alleged that similar language in the Summit charter school flyer was a veiled reference to Arabic and by
extension, promulgating the teachings of Islam. Without copies of Summit charter schools proposed
world language materials, however, it is not currently possible to further investigate this allegation now.

and approval. Once the training has been conducted, please submit to MDE a copy of the signin sheet indicating the attendees and their titles.11
ii.

Excessive Entanglement

While none of the facts cited above, standing alone, currently amounts to excessive
entanglement of religion, MDE is concerned that a number of similarities between the former
TiZA and Summit charter school, and with Summits overt conflict of interest in entering into a
lease with MET. MDE recommends that IQS continue to monitor and oversee Summit charter
school carefully as it moves forward in its opening process and thereafter. Should IQS or the
Complainant (or Mr. Hassan) learn of other facts that raise similar questions or issues as here,
they are encouraged to notify MDE as soon as possible.
Very truly yours,
/s Phillip J. Trobaugh
Phillip J. Trobaugh, J.D.
Charter School Liaison
Cc:

Lesley Guyton, school board chair, via email only: Lesley@summitcharterschool.org

S.J. Hassan, via email only: infosjhassan@gmail.com
Cindy Murphy, director, Charter Center division
Marikay Litzau, director, Compliance and Assistance division
Kevin McHenry, Assistant Commissioner

11

MDE acknowledges that the board underwent training on June 16, 2015, which covered a number of
issues including conflicts of interest. However, an additional concentrated training solely on conflicts is
appropriate given the circumstances here.