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ACCS Meeting Notes for June 7, 2017

Advisory Commission on Charter Schools final notes for the June 7, 2017, meeting.

ADVISORY COMMISSON ON CHARTER SCHOOLS
An Advisory Body to the State Board of Education

FINAL NOTES

Wednesday, June 7, 2017

California Department of Education
1430 N Street, Room 1101
Sacramento, CA, 95814-5901
916-322-6029

Commission Members

  • Brian Bauer
  • Cindy S. Chan1
  • Ari Engelberg
  • Jon Gundry
  • Atyani Howard (Absent)
  • Caitlin O'Halloran
  • Dr. Mark Ryan
  • Dr. Wesley Sever (Absent)
  • Curtis L. Washington

1 Represents the State Superintendent of Public Instruction

State Board of Education Liaison Members

  • Bruce Holaday
  • Trish B. Williams (Absent)

Principal Staff

  • Carolyn Pfister, Education Programs Consultant, State Board of Education (SBE)
  • Judie Hall, Education Administrator I, California Department of Education (CDE)

Call to Order

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

Salute to the Flag

AGENDA ITEMS

Item 1

Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections47612.5 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.

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

Commissioner Gundry seconded the motion.

Yes votes: Commissioners Bauer, Chan, Engelberg, Gundry, O'Halloran, Ryan, and Washington

No votes: None

Members absent: Commissioners Howard and Sever

Abstentions: None

The motion passed by 7 votes.


Item 2

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 and47634.2, and Associated California Code of Regulations, Title 5.

CDE Recommendation: The CDE proposes to recommend that the SBE approve the mitigating circumstances request for 11 charter schools, deny the mitigating circumstances request for one charter school, 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 with the stipulation that the decision regarding the mitigating circumstances request submitted by Excelsior Charter be postponed until the August 2017 Advisory Commission on Charter Schools meeting in order to allow the school additional time to provide supplemental information to CDE staff.

Commissioner O'Halloran seconded the motion.

Yes votes: Commissioners Bauer, Chan, Engelberg, Gundry, O'Halloran, Ryan, and Washington

No votes: None

Members absent: Commissioners Howard and Sever

Abstentions: None

The motion passed by 7 votes.


Item 3

Subject: Reconsideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, California Code of Regulations Section 11963.6(g), and Associated California Code of Regulations, Title 5.

CDE Recommendation: The CDE proposes to recommend approval for a 100 percent funding determination for three charter schools, and an 85 percent funding determination for two charter schools, replacing the denial of the funding determination, which is currently in effect for fiscal years 2016-17 through 2017-18, 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, Engelberg, Gundry, O'Halloran, Ryan, and Washington

No votes: None

Members absent: Commissioners Howard and Sever

Abstentions: None

The motion passed by 7 votes.


Item 4

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Sweetwater Secondary School, which was denied by the Sweetwater Union High School District and the San Diego County Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve, with technical amendments and three conditions, the request to establish Sweetwater Secondary School (SSS), for a five-year term effective July 1, 2017, through June 30, 2022, under the oversight of the SBE, based on the CDE's findings pursuant to California Education Code (EC) sections 47605(b)(1), 47605(b)(2), 47605(b)(3), 47605(b)(4), 47605(b)(5), 47605(b)(6), and California Code of Regulations, Title 5 Section 11967.5.

Inherent to this recommendation, the CDE proposes the following conditions: (1) SSS may contract with Student Success Programs, Incorporated (SSP), (Inc.), Altus Institute, Inc. (AI), Altus-Mirus, Inc. (AM), Altus-Laurel, Inc. (AL), or any other affiliated or related organizations for goods and/or services if all such related entities agree to timely respond to all CDE inquiries into their operations including, but not limited to, management, fiscal, personnel, procurement, programmatic, advocacy, outreach, professional development, supervisory, facilities operations, facilities financing, and service agreements, in accordance with EC Section 47604.3, and fully cooperate with any investigation into their operations conducted, pursuant to EC Section 47604.4; (2) SSS, SSP, AI, AM, AL, and/or any other affiliates agree to timely respond to all CDE inquiries regarding negotiations, revisions, and/or amendments to master agreements between SSS and any of the related entities, and to provide the CDE with a reasonable opportunity to review any new agreements entered into between SSS and any affiliates; and (3) the SSS Board must revise the SSS petition with all technical amendments by the required deadlines as noted in the CDE’s charter petition review form (Attachment 1).

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 Engelberg moved recommendation to the SBE of the CDE staff recommendation.

Commissioner Ryan seconded the motion.

Yes votes: Commissioners Bauer, Chan, Engelberg, Gundry, O’Halloran, and Ryan

No votes: Commissioner Washington

Members absent: Commissioners Howard and Sever

Abstentions: None

The motion passed by 6 votes.

Adjournment of Meeting

Chair Bauer adjorned the meeting at approximately 12:02 p.m.

Questions:   Charter Schools Division | charters@cde.ca.gov | 916-322-6029
Last Reviewed: Tuesday, October 10, 2017
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