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ACCS Final Meeting Notes for February 9, 2016

Advisory Commission on Charter Schools (ACCS) final meeting notes for February 9, 2016.

Advisory Commission on Charter Schools

An Advisory Body to the State Board of Education

Final Meeting Notes

Tuesday, February 9, 2016
California Department of Education
1430 N Street, Room 1101
Sacramento, CA 95814-5901

Commission Members

  • Brian Bauer, Chair
  • Cindy S. Chan*
  • Dr. Arturo Delgado
  • Ari Engelberg
  • Atyani Howard (Absent)
  • Caitlin O’Halloran
  • Dr. Mark Ryan
  • Dr. Wesley Sever
  • Curtis L. Washington

*Represents the State Superintendent of Public Instruction

State Board of Education (SBE) Liaison Members

  • Bruce Holaday (Absent)
  • Trish Williams

Principal Staff

  • Judie Hall, Education Administrator I, California Department of Education (CDE)
  • Bill Fong, Education Fiscal Services Consultant, CDE
  • Carrie Lopes, Education Programs Consultant, CDE
  • Robin Lund, Education Programs Consultant, CDE
  • Judy Cias, Chief Counsel, SBE
  • Carolyn Pfister, Education Programs Consultant, SBE
Call to Order
  • Chair Bauer called the meeting to order at approximately 9:35 a.m.
  • Salute to the Flag

GENERAL BUSINESS

 

Review and Adoption of Meeting Minutes

Action: Wednesday, December 2, 2015

Commissioner Ryan moved approval of minutes.

Commissioner Delgado seconded the motion.

Yes votes: Commissioners Bauer, Chan, Delgado, Ryan, and Washington
No votes: None
Members absent: Commissioner Howard
Abstentions: Commissioners Engelberg, O’Halloran, and Sever

The motion passed with five votes and three abstentions.

AGENDA ITEMS

ITEM 01

Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

CDE Recommendation: The CDE proposes to recommend that the SBE approve the determination of funding and the period specified for the nonclassroom-based charter schools as provided in Attachment 1 of Agenda Item 1.

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation.

Commissioner Engelberg seconded the motion.

Yes votes: Commissioners Bauer, Chan, Delgado, Engelberg, O’Halloran, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioner Howard
Abstentions: None

The motion passed unanimously.


ITEM 02

Subject: Consideration of a Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

CDE Recommendation: The CDE proposes to recommend that the SBE approve the mitigating circumstances request and the proposed determination of funding for a charter school that offers nonclassroom-based instruction as provided in Attachment 1 of Agenda Item 2.

Action: Commissioner Engelberg moved recommendation to the SBE of the CDE staff recommendation.

Commissioner Sever seconded the motion.

Yes votes: Commissioners Bauer, Chan, Delgado, Engelberg, O’Halloran, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioner Howard
Abstentions: None

The motion passed unanimously.


ITEM 03

Subject: Consideration of Retroactive Requests for Determination of Funding as Required for a Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

CDE Recommendation: The CDE proposes to recommend that the SBE approve the determination of funding request at the percentage and period as specified in Attachment 1 of Agenda Item 3.

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation.

Commissioner Delgado seconded the motion.

Yes votes: Commissioners Bauer, Chan, Delgado, Engelberg, O’Halloran, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioner Howard
Abstentions: None

The motion passed unanimously.


ITEM 04

Subject: Consideration of a Retroactive Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

CDE Recommendation: The CDE proposes to recommend that the SBE approve the mitigating circumstances request and the proposed determination of funding for a charter school that offers nonclassroom-based instruction as provided in Attachment 1 of Agenda Item 4.

Action: Commissioner Delgado moved recommendation to the SBE of the CDE staff recommendation.

Commissioner O’Halloran seconded the motion.

Yes votes: Commissioners Bauer, Chan, Delgado, Engelberg, O’Halloran, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioner Howard
Abstentions: None

The motion passed unanimously.


ITEM 05

Subject: Thrive Public School: Consider a Material Revision of the Charter to Change from Transitional Kindergarten through Grade Eight to Transitional Kindergarten through Grade Twelve.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve, with one technical amendment, the request for a material revision to the Thrive Public School charter petition to change from transitional kindergarten through grade eight to transitional kindergarten through grade twelve.

Action: Commissioner Sever moved recommendation to the SBE of the CDE staff recommendation.

Commissioner Washington seconded the motion.

Yes votes: Commissioners Bauer, Chan, Delgado, Engelberg, O’Halloran, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioner Howard
Abstentions: None

The motion passed unanimously.


ITEM 06

Subject: The School of Arts and Enterprise: Hold a Public Hearing to Consider a Petition to Renew the Charter Currently Authorized by the State Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the School of Arts and Enterprise (SAE) petition, and thereafter approve the request with nine technical amendments to renew SAE under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2) and California Code of Regulations, Title 5 (5 CCR) Section 11967.5. The CDE finds that the petition is consistent with sound educational practice, the SAE charter petitioner is demonstrably likely to successfully implement the intended program, and the SAE petition provides a reasonably comprehensive description of the 16 required charter elements pursuant to EC sections 47607, 47605(b)(1), 47605(b)(2), 47605(b)(4), 47605(b)(5), and 5 CCR Section 11967.5.1.

Action: Commissioner Ryan moved recommendation to the SBE that the SBE approve the SAE renewal charter petition with eight technical amendments, instead of nine technical amendments as originally recommended by CDE, proposing to delete the technical amendment for Element 8 as follows:

The CDE recommends a technical amendment to the SAE petition to revise the proposed order of admission preferences to align with EC Section 47605(d)(2)(B) to state preferences in the following order: (1) pupils currently attending the charter school, and (2) pupils who reside within the district.

Commissioner Engelberg seconded the motion.

Yes votes: Commissioners Bauer, Delgado, Engelberg, O’Halloran, Ryan, Sever, and Washington
No votes: Commissioner Chan
Members absent: Commissioner Howard
Abstentions: None

The motion passed by a vote of seven to one.


ITEM 07

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Rocketship Mt. Diablo which was denied by the Mt. Diablo Unified School District and the Contra Costa County Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the petition, and thereafter to conditionally approve, with nine technical amendments, the request to establish Rocketship Mt. Diablo (RSMD) under the oversight of the SBE, for a five-year term effective July 1, 2016, through June 30, 2021, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), and California Code of Regulations, Title 5 Section 11967.5 that the petitioner is likely to successfully implement the program set forth in the petition and the RSMD petition is consistent with sound educational practice. Inherent to this recommendation, the CDE proposes the following technical amendments: the RSMD petition will be revised to affirm that RSMD will serve only transitional kindergarten through grade five as indicated in the enrollment plan, with the understanding that material revisions to the RSMD petition would need to be submitted to, and approved by, the SBE in order to add or remove future grade levels including the addition of grade six as referenced in the petition or an increase or decrease in enrollment that differs by more than 25 percent of the enrollment approved by the SBE in the charter or in an SBE approved revised charter, or a change that could significantly impact the academic or financial sustainability of RSMD.

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation.

Commissioner O'Halloran seconded the motion.

Yes votes: Commissioners Bauer, Chan, O’Halloran, Ryan, and Sever
No votes: Commissioner Washington
Members absent: Commissioners Delgado, Engelberg, and Howard
Abstentions: None

The motion passed by a vote of five to one.


Adjournment of Meeting

Chair Bauer adjourned the meeting at approximately 2:35 p.m.

Questions: Charter Schools Division | Charters@cde.ca.gov | 916-322-6029 
Last Reviewed: Thursday, September 30, 2021
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