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ACCS Meeting Notes for August 15, 2017

Advisory Commission on Charter Schools draft minutes for the August 15, 2017, meeting.

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

PRELIMINARY REPORT OF ACTIONS/DRAFT MINUTES

Tuesday, August 15, 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 (Absent)
  • Jon Gundry
  • Caitlin O’Halloran
  • Dr. Mark Ryan
  • Dr. Wesley Sever
  • 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 9:10 a.m.

Salute to the Flag

Review and Adoption of Meeting Minutes

ACTION: Wednesday, April 5, 2017, and Wednesday, June 7, 2017.

Commissioner Ryan moved approval of minutes.

Commissioner O’Halloran seconded the motion.

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

No votes: None

Members absent: Commissioner Engelberg

Abstentions: None

The motion passed with 7 votes.

AGENDA ITEMS

Item 1

Subject: Consideration of a Request 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 Options for Youth-San Juan, 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, Gundry, O’Halloran, Ryan, Sever, and Washington

No votes: None

Members absent: Commissioner Engelberg

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 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 approve the determination of funding and period specified for the four charter schools offering nonclassroom-based instruction, as provided in Attachment 1.

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

Commissioner Gundry seconded the motion.

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

No votes: None

Members absent: Commissioner Engelberg

Abstentions: None

The motion passed by 7 votes.

Item 3

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 requests for the percentages and periods specified for the nonclassroom-based charter schools provided in Attachment 1.

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

Commissioner Washington seconded the motion.

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

No votes: None

Members absent: Commissioner Engelberg

Abstentions: None

The motion passed by 7 votes.

Item 4

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Olive Grove Charter School: Buellton, which was denied by the Santa Ynez Valley Union High School District and the Santa Barbara County Office of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Olive Grove Charter School: Buellton (OGCSB) petition, and thereafter deny the establishment of OGCSB under the oversight of the SBE based on the CDE’s findings pursuant to Education Code (EC) sections 47605(b)(2), 47605(b)(5)(A)(i), 47605(B)(5)(B), 47605(b)(5)(D), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5.1(f)(4).

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

Commissioner Washington seconded the motion.

Yes votes: Commissioners Chan, Gundry, Sever, and Washington

No votes: Commissioners Bauer, O’Halloran, and Ryan

Members absent: Commissioner Engelberg

Abstentions: None

The motion did not pass by a vote of 4 to 3. No formal recommendation was made from the ACCS to the SBE.

Item 5

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Olive Grove Charter School: Lompoc, which was denied by the Lompoc Unified School District and the Santa Barbara County Office of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Olive Grove Charter School: Lompoc (OGCSL) petition, and thereafter deny the establishment of OGCSL under the oversight of the SBE based on the CDE’s findings pursuant to EC sections 47605(b)(2), 47605(b)(5)(D), and 5 CCR Section 11967.5.1(f)(4).

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

Commissioner Gundry seconded the motion.

Yes votes: Commissioners Chan, Gundry, Sever, and Washington

No votes: Commissioners Bauer, O’Halloran, and Ryan

Members absent: Commissioner Engelberg

Abstentions: None

The motion did not pass by a vote of 4 to 3. No formal recommendation was made from the ACCS to the SBE.

Item 6

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Olive Grove Charter School: Orcutt/Santa Maria, which was denied by the Santa Maria Joint Union High School District and the Santa Barbara County Office of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Olive Grove Charter School: Orcutt/Santa Maria (OGCSOSM) petition, and thereafter deny the establishment of OGCSOSM under the oversight of the SBE based on the CDE’s findings pursuant to EC sections 47605(b)(2), 47605(b)(5)(D), and 5 CCR Section 11967.5.1(f)(4).

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

Commissioner Washington seconded the motion.

Yes votes: Commissioners Chan, Gundry, Sever, and Washington

No votes: Commissioners Bauer, O’Halloran, and Ryan

Members absent: Commissioner Engelberg

Abstentions: None

The motion did not pass by a vote of 4 to 3. No formal recommendation was made from the ACCS to the SBE.

Item 7

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Olive Grove Charter School: Santa Barbara, which was denied by the Santa Barbara Unified School District and the Santa Barbara County Office of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Olive Grove Charter School: Santa Barbara (OGCSSB) petition, and thereafter deny the establishment of OGCSSB under the oversight of the SBE based on the CDE’s findings pursuant to EC sections 47605(b)(2), 47605(b)(5)(D), and 5 CCR Section 11967.5.1(f)(4).

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

Commissioner Washington seconded the motion.

Yes votes: Commissioners Chan, Gundry, Sever, and Washington

No votes: Commissioners Bauer, O’Halloran, and Ryan

Members absent: Commissioner Engelberg

Abstentions: None

The motion did not pass by a vote of 4 to 3. No formal recommendation was made from the ACCS to the SBE.

Item 8

Subject: Celerity Himalia Charter: Consider a Material Revision to Change the Governance Structure, Increase Enrollment, and Add Grade Levels to Include Grade Six Through Grade Eight, and Add Locations.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Celerity Himalia Charter (CHC) petition, and thereafter approve, with one condition and a technical amendment, the request for a material revision of the CHC charter under the oversight of the SBE for the remainder of the charter term effective July 1, 2017, through June 30, 2021, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), 47605(b)(4), 47605(b)(5), 47605(b)(6), and 5 CCR Section 11967.5 (Attachment 1, p. 2).

Inherent in this recommendation is the condition that Celerity Educational Group (CEG) may only continue to contract with affiliates for goods and/or services if CEG and the affiliates agree to timely respond to all CDE inquiries into the operations of CEG and any affiliates including, but not limited to, management, fiscal, personnel, procurement, facilities operations, facilities financing, and programmatic services, in accordance with EC Section 47604.3, and fully cooperate with any investigation into their operations conducted, pursuant to EC Section 47604.4. This condition will remain in effect for the term of the charter.

The CDE will conduct pre-opening site visits to the four CHC locations at least 30 days prior to the scheduled opening date. Written authorization from the CDE is required prior to the operation of any additional facility.

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

Commissioner Sever seconded the motion.

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

No votes: None

Members absent: Commissioner Engelberg

Abstentions: None

The motion passed by 7 votes.

Item 9

Subject: Celerity Rolas Charter: Consider a Material Revision to Change the Governance Structure, Increase Enrollment, and Add Grade Levels to Include Grade Six Through Grade Eight, and Change Locations.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Celerity Rolas Charter (CRC) petition, and thereafter approve, with one condition and a technical amendment, the request for a material revision of the CRC charter under the oversight of the SBE for the remainder of the charter term effective July 1, 2017, through June 30, 2021, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), 47605(b)(4), 47605(b)(5), 47605(b)(6), and 5 CCR Section 11967.5 (Attachment 1, p. 2).

Inherent in this recommendation is the condition that CEG may only continue to contract with affiliates for goods and/or services if CEG and the affiliates agree to timely respond to all CDE inquiries into the operations of CEG and any affiliates including, but not limited to, management, fiscal, personnel, procurement, facilities operations, facilities financing, and programmatic services, in accordance with EC Section 47604.3, and fully cooperate with any investigation into their operations conducted, pursuant to EC Section 47604.4. This condition will remain in effect for the term of the charter.

The CDE will conduct pre-opening site visits to the two CRC locations at least 30 days prior to the scheduled opening date. Written authorization from the CDE is required prior to the operation of any additional facility.

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

Commissioner O’Halloran seconded the motion.

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

No votes: None

Members absent: Commissioner Engelberg

Abstentions: None

The motion passed by 7 votes.

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: Tuesday, October 10, 2017
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