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ACCS Final Meeting Notes for June 7, 2016

Advisory Commission on Charter Schools (ACCS) final meeting notes for June 7, 2016.

Advisory Commission on Charter Schools

An Advisory Body to the State Board of Education

Final Meeting Notes

Tuesday, June 7, 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
  • Caitlin O’Halloran (Absent)
  • 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
  • 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
  • Marites Rivera, Education Programs Consultant, CDE
  • Carolyn Pfister, Education Programs Consultant, SBE

Call to Order

  • Chair Bauer called the meeting to order at approximately 9:34 a.m.
  • Salute to the Flag

GENERAL BUSINESS

Review and Adoption of Meeting Minutes

Action: Tuesday, April 5, 2016

Commissioner Bauer moved approval of minutes.

Commissioner Sever seconded the motion.

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

The motion passed with five votes and three abstentions.

AGENDA ITEMS

ITEM 01

Subject: Consideration of Retroactive 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 period specified for the nonclassroom-based charter schools as provided in Attachment 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, Howard, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioner O’Halloran
Abstentions: None

The motion passed unanimously.


ITEM 02

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 Taylion High Desert Academy/Adelanto’s mitigating circumstances request and the determination of funding and period specified for the nonclassroom-based charter school as provided in Attachment 1.

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

Commissioner Sever seconded the motion.

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

The motion passed unanimously.


ITEM 03

Subject: Consideration of Requests for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances 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 mitigating circumstances request for four charter schools and deny the mitigating circumstances request for 10 charter schools, and approve the determination of funding and period specified for the charter schools offering nonclassroom-based instruction, as provided in Attachment 1.  

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation for Mosaica Online Academy of Los Angeles and Mosaica Online Academy of Southern California.

Commissioner Engelberg seconded the motion.

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

The motion passed unanimously.

Action: Commissioner Delgado moved recommendation to the SBE of the CDE staff recommendation for Merced Scholars Charter.

Commissioner Washington seconded the motion.

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

The motion passed unanimously.

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation for Delta Home Charter and Delta Keys Charter.

Commissioner Engelberg seconded the motion.

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

The motion passed unanimously.

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation for the nine Academy of Arts and Sciences charter schools.

Commissioner Washington seconded the motion.

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

The motion passed unanimously.


ITEM 04

Subject: Wei Yu International Charter School: Consider a Material Revision of the Charter to Change from Opening in 2016–17 to 2017–18.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the petition, and thereafter approve, with nine technical amendments, the request for a material revision to the Wei Yu International Charter School (WYICS) petition to change from opening in the 2016–17 school year to the 2017–18 school year. Inherent in this recommendation, the CDE proposes the following technical amendment: WYICS will provide the CDE with the WYICS Board-approved revised budget projections on or before April 1, 2017, to address each of the revenue and expenditures concerns as noted in the CDE analysis comments for Ability to Successfully Implement the Intended Program (Attachment 1). Additionally, the revised WYICS budget must include budget narrative and assumptions covering the four remaining years of the charter term (Fiscal Years [FYs] 2016–17 through 2019–2020), updated location of the WYICS facility in the Moreland School District (MSD), updated expenditures for this facility, and an accompanying WYICS Board-approved and signed lease agreement for this facility in MSD. The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation with the stipulation that the enrollment preference technical amendment be removed.

Commissioner Engelberg seconded the motion.

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

The motion passed by a vote of six to two.


ITEM 05

Subject: Ross Valley Charter: Consider a Material Revision of the Charter to Change from Opening in 2016–17 to 2017–18.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the petition, and thereafter to approve, with five technical amendments, the request for a material revision to the Ross Valley Charter petition from opening in the 2016–17 school year to the 2017–18 school year.

The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.

Action: Commissioner Bauer moved recommendation to the SBE of the CDE staff recommendation with the stipulations that the 2016–17 lottery is honored for 2017–18 and the enrollment preference technical amendment be removed.

Commissioner Ryan seconded the motion.

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

The motion passed by a vote of seven to one.


ITEM 06

Subject: Rocketship Mt. Diablo: Consider a Material Revision of the Charter to Change Grade Levels Served in 2016–17 from Transitional Kindergarten Through Grade Five to Transitional Kindergarten Through Grade Two and Reduce Enrollment.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the petition, and thereafter conditionally approve with one condition and two technical amendments, the request for a material revision of the Rocketship Mt. Diablo (RSMD) charter petition to change grade levels served in 2016–17 from transitional kindergarten (TK) through grade five to kindergarten through grade two and reduce enrollment from 510 pupils to 150 pupils during its first year of operation. Inherent to this recommendation, the CDE proposes the following condition: RSMD offer TK in its first year of operation.

The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation with the stipulation that the TK requirement technical amendment be removed.

Commissioner Engelberg seconded the motion.

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

The motion passed by a vote of six to one.


ITEM 07

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Audeo Charter School II, which was denied by the Carlsbad Unified School District and the San Diego County Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Audeo Charter School II (ACS II) petition, and thereafter approve with 10 technical amendments, the request to establish ACS II under the oversight of the SBE, for a five-year term effective July 1, 2016, through June 30, 2021, based on the CDE’s findings pursuant to California Education Code (EC) sections 47605(b)(1), 47605(b)(2), and California Code of Regulations, Title 5 Section 11967.5.1 that the petitioners are likely to successfully implement the program set forth in the petition and that the ACS II petition is consistent with sound educational practice. Inherent to this recommendation, the CDE proposes the following technical amendment: the ACS II petition will be revised to remove the resource centers located in Escondido and San Marcos, as these facilities do not comply with the requirements under EC Section 47605.1(d). The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility

Action: Commissioner Ryan moved recommendation to the SBE of the CDE staff recommendation with the stipulation that all five resource centers are approved and the sibling enrollment preference technical amendment be removed.

Commissioner Howard seconded the motion.

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

The motion passed by a vote of seven to one.


ITEM 08

Subject: Flex Public Schools: Consider Evidence Regarding a Notice of Violation Issued by the State Board of Education Pursuant to California Education Code Section 47607(d).

CDE Recommendation: The CDE proposes to recommend that the SBE consider, based on substantial evidence, that Flex Public Schools (FPS) may have engaged in fiscal mismanagement pursuant to Education Code (EC) Section 47607(c)(1)(C) and may have committed a material violation of the San Francisco Flex Academy (SFFA) charter pursuant to EC Section 47607(c)(1)(A). Additionally, the CDE determined that SFFA did not meet measurable pupil outcomes for all groups of pupils served by SFFA as stated in the SFFA petition as described in the Notice of Violation (NOV) issued by the SBE to SFFA on May 12, 2016 (Attachment 1). After consideration of the substantial evidence presented, the CDE proposes to recommend that if the SBE finds that FPS has failed to refute, remedy, or propose to remedy the violations described in the NOV, that the SBE issue a Notice of Intent to Revoke with Notice of Facts at its July 13, 2016, meeting.

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

Commissioner Washington seconded the motion.

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

The motion passed unanimously.


Adjournment of Meeting

Chair Bauer adjourned the meeting at approximately 3:45 p.m.

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