Leader's legal woes split school

MARBLEHEAD -- First, the headmaster of the first charter school in the state was convicted of drunken driving a year ago. Now, the same school official is about to be arraigned on charges that he assaulted and threatened a 14-year-old girl who allegedly saw him drinking at school.

Some parents are yanking their children out of school and demanding that the headmaster and the board resign, while others are supporting him. Parents say the dispute begs a bigger question: Why can't the state, which is taking a largely hands-off approach, intervene in the troubled school?

"What is the policy?" said parent Bob Clark at a board of trustees meeting this week. "How many arrests does a head of school have to have in one year to be terminated?"

The headmaster, Thomas Commeret , 55, a founder of Marble head Community Charter Public School , has denied the girl's allegations but is working from home at the request of the board of trustees. On Monday, he will be arraigned in Lynn District Court on a felony charge of assault and battery and a misdemeanor charge of threatening to commit a crime.

The state Department of Education is monitoring the situation, which has been simmering for months. In March, five of the 11 trustees resigned after the board voted to renew Commeret's $96,000 a year contract. The 230-student school, for grades 4-8, opened in 1995.

School trustees say that, by law, they must wait for the court case to be resolved before making a final decision about Commeret.

"You can't just toss somebody out because allegations were made against him," said Kay O'Dwyer , chairwoman of the board of trustees.

State education officials who oversee charter schools say they are concerned about how a potential exodus of students would affect the school's finances. But Education Commissioner David P. Driscoll said hiring decisions are up to the board of trustees.

"That's not something that we could get involved in," he said.

Reached at home yesterday, Commeret said briefly that it was a "difficult and stressful" time. He denied the girl's allegations against him.

"It's simple. Two words: Didn't happen," he said. "Period."

Commeret left the assistant headmaster post at Austin Preparatory School in Reading to start leading the charter in 1995. His admirers view him as a tough, charismatic leader, who transformed a squat, former Elks lodge into a cheery school with murals on the wall. With parents and teachers, he ripped up stinking rugs, painted the walls, and planted a garden. The school has wireless Internet and solid test scores. He became a vocal advocate for charter schools.

"He's a renegade," said Kathy Cormier, a parent. "He doesn't let people roll over him."

But some parents said Commeret brushes off their concerns about the quality of teaching and the school finances. Some also say he recruits board members who are friendly to him. Members are appointed by the board.

In March, the board erupted after a controversial 6-5 vote that renewed his contract. Janet Swaysland , the former chairwoman and one of the five who resigned after the vote, said Commeret's contract was renewed only because three trustees, who are also staff members, forfeited their salaries so they could vote and avoid being accused of a conflict of interest.

O'Dwyer, the current chairwoman, said the members had consulted with the State Ethics Commission before the vote about whether the three trustees could vote and believed they were acting legally. The commission would not comment.

Parents say the contract renewal was the latest in a series of second chances for Commeret.

In April 2006, he made an illegal U-turn in Peabody and was arrested for driving while intoxicated. Wearing a shirt with the school's logo, Commeret tried five times to recite the alphabet before he got it right, according to the police report. He flunked a breathalyzer test and was convicted the next month. He lost his license for 45 days, paid fines and served a year's probation.

Board members learned about the conviction, and, shortly afterward, he apologized to them, and they let him remain. "He gave his word to the board that it would never happen again," said O'Dwyer, "and he has abided by that."

But last month, new allegations surfaced. On May 8, the father of a 14-year - old student at the school called police and said a male student had attacked and threatened his daughter a month earlier, leaving bruises on her wrists. She refused to identify the classmate, but two days later said her attacker was Commeret.

According to the police report: The teen said that on April 9 she walked by his office and saw him drinking what appeared to be alcohol. With a smirk, she asked what he was drinking. She said he grabbed her, pushed her up against the door and said, "I'll (expletive) find you."

Commeret, in a statement to police on May 13, denied the allegations and said the girl should "stay home" from school. Police told him that was not an option.

The Department of Social Services investigated the girl's claims, and supported that they be sent on for prosecution, said spokeswoman Denise Monteiro.

Some parents doubt the claims and are rallying behind the headmaster.

At the board meeting this week, tensions ran high. Many parents folded their arms and glared at the board. Fliers said "Enough is enough!" A police officer stood in the back.

Swaysland, the former board chairwoman, urged the state to find a solution.

"There are things they can do. They can put the school on probation," she said. "This community is not going to solve it themselves."