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ACCS Final Meeting Notes for October 4, 2016

Advisory Commission on Charter Schools (ACCS) final meeting notes for October 4, 2016.

Advisory Commission on Charter Schools

An Advisory Body to the State Board of Education

Final Meeting Notes

Tuesday, October 4, 2016
California Department of Education
1430 N Street, Room 1101
Sacramento, CA 95814-5901

Please note that the complete proceedings of the October 4, 2016, Advisory Commission on Charter Schools meeting, including open-captioning, are available at the ACCS Meeting Webcast page.

Commission Members

  • Brian Bauer, Chair
  • Cindy S. Chan*
  • Dr. Arturo Delgado (Absent)
  • Ari Engelberg
  • Atyani Howard (Absent)
  • Caitlin O’Halloran
  • Dr. Mark Ryan
  • Dr. Wesley Sever (Absent)
  • 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
  • Judy Cias, Chief Counsel, SBE
  • 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

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 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 Engelberg seconded the motion.

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

The motion passed with six votes.


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 the mitigating circumstances request and the determination of funding and period specified for each nonclassroom-based charter school 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, O’Halloran, Ryan, and Washington
No votes: None
Members absent: Commissioners Delgado, Howard, and Sever
Abstentions: None

The motion passed with six votes.


ITEM 03

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Celerity Himalia Charter School, which was denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Celerity Himalia Charter School (CHCS) petition, and thereafter approve, with one condition and eleven technical amendments, the request to establish CHCS 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 (5 CCR) Section 11967.5.

Inherent to this recommendation, the CDE proposes the following condition: Celerity Education Group (CEG) may only continue to contract with Celerity Global Development (CGD) for goods and/or services if CEG and CGD agree to timely respond to all CDE inquiries into CEG’s and CGD’s operations 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.

Action: Commissioner O’Halloran moved recommendation to the SBE of the CDE staff recommendation.

Commissioner Bauer seconded the motion.

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

The motion passed by a vote of five to one.


ITEM 04

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Celerity Rolas Charter School, which was denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Celerity Rolas Charter School (CRCS) petition, and thereafter approve, with one condition and eleven technical amendments, the request to establish CRCS 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 EC sections 47605(b)(2), 47605(b)(5), and 5 CCR Section 11967.5.

Inherent to this recommendation, the CDE proposes the following condition: CEG may only continue to contract with CGD for goods and/or services if CEG and CGD agree to timely respond to all CDE inquiries into CEG’s and CGD’s operations 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.

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

Commissioner O’Halloran seconded the motion.

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

The motion passed by a vote of five to one.


ITEM 05

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

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing regarding the Winton Charter High School (WCHS) petition, and thereafter deny the request to establish WCHS under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(2), 47605(b)(5), and 5 CCR Section 11967.5, that the petitioner is not likely able to successfully implement the program set forth in the petition, and that the petition does not provide a reasonably comprehensive description of the multiple required charter elements. The CDE notes as a significant concern that the lead petitioner’s teaching and administrative credentials were revoked for misconduct by the California Commission on Teacher Credentialing.

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

Commissioner O’Halloran seconded the motion.

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

The motion passed unanimously.


Adjournment of Meeting

Chair Bauer adjourned the meeting at approximately 12:56 p.m.

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