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ACCS Meeting Notes for December 7, 2017

Advisory Commission on Charter Schools (ACCS) draft minutes for the December 7, 2017, meeting.

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

FINAL NOTES

Thursday, December 7, 2017

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

Commission Members

  • Brian Bauer
  • Ari Engelberg (Absent)
  • Jon Gundry (Absent)
  • Caitlin O’Halloran (Absent)
  • Dr. Mark Ryan
  • Nick Schweizer1
  • 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

Principal Staff

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

Call to Order

Chair Bauer called the meeting to order at approximately 9:35 a.m.

Salute to the Flag

AGENDA ITEMS

Item 1

Subject: Petition for Establishment of a Charter School Under the Oversight of the SBE: Consideration of the Pacific Valley Charter Academy (PVCA), which was denied by the Vacaville Unified School District and the Solano County Office of Education.

CDE Recommendation: The CDE recommends that the SBE hold a public hearing and deny the establishment of PVCA 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)(5), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5.

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

Commissioner Sever seconded the motion.

Yes votes: Commissioners Schweizer, Sever, and Washington

No votes: Commissioners Bauer and Ryan

Members absent: Commissioners Engelberg, Gundry, and O'Halloran

Abstentions: None

The motion did not pass by a vote of three to two. Five votes are required to move an Advisory Commission on Charter Schools (ACCS) recommendation forward to the SBE; therefore, no recommendation moved.

Item 2

Subject: Petition for the Establishment of a Charter School Under the Oversight of the SBE: Consideration of Perseverance Preparatory School (PPS), which was denied by the San Jose Unified School District and the Santa Clara County Board of Education.

CDE Recommendation: The CDE recommends that the SBE hold a public hearing to approve the request to establish PPS, a grade five through grade eight charter school, for a five-year term effective July 1, 2018, through June 30, 2023. Upon fulfilling all specified conditions within the established timelines, PPS shall be considered a charter authorized under the oversight of the SBE based on the CDE’s findings, pursuant to EC sections 47605(b)(1), 47605(b)(2), 47605(b)(3), 47605(b)(4), 47605(b)(5), 47605(b)(6), and 5 CCR Section 11967.5.1.

The CDE recommends the following conditions to be met as outlined and prior to PPS opening for operation in 2018–19:

  • By January 30, 2018, provide evidence that the PPS Board has accepted the SBE conditions of authorization.
  • By February 15, 2018, the PPS Board will provide the CDE with a revised charter petition containing the necessary changes needed to reflect the SBE as the authorizing entity.
  • By May 15, 2018, the PPS Board will provide the CDE with verifiable and substantive evidence that PPS has received the funding anticipated from Silicon Schools Fund.
  • By May 15, 2018, the PPS Board will provide the CDE with a fully executed facility lease agreement.
  • By June 15, 2018, the PPS Board will provide the CDE with a revised 2018–19 budget, with complete narrative and assumptions.

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

Commissioner Bauer seconded the motion.

Yes votes: Commissioners Bauer, Ryan, Schweizer, Sever, and Washington

No votes: None

Members absent: Commissioners Engelberg, Gundry, and O'Halloran

Abstentions: None

The motion passed unanimously.

Item 3

Subject: Petition for the Establishment of a Charter School Under the Oversight of the SBE: Consideration of Promise Academy (PA), which was denied by the San Jose Unified School District and the Santa Clara County Board of Education.

CDE Recommendation: The CDE recommends that the SBE hold a public hearing to deny the request to establish PA, a transitional kindergarten through grade ten charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), 47605(b)(4), 47605(b)(5), and 5 CCR Section 11967.5.

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

Commissioner Ryan seconded the motion.

Yes votes: Commissioners Schweizer, Sever, and Washington

No votes: Commissioners Bauer and Ryan

Members absent: Commissioners Engelberg, Gundry, and O'Halloran

Abstentions: None

The motion did not pass by a vote of three to two. Five votes are required to move an ACCS recommendation forward to the SBE; therefore, no recommendation moved.

Item 4

Subject: Beacon Classical Academy (BCA): Take Action to Uphold the National School District (NSD) Revocation of BCA, Pursuant to EC Section 47607(f)(4).

CDE Recommendation: After reviewing the entire record submitted by the parties to this appeal, the CDE concludes that the NSD’s action to revoke the BCA charter was supported by specific factual findings of violations of law; fiscal mismanagement; failure to meet generally accepted accounting principles; and material violations of the conditions, standards, or procedures set forth in the charter. Further, the CDE finds that the NSD did consider increases in pupil academic achievement for all groups of pupils served by BCA as the most important factor in determining whether to revoke BCA. The CDE finds that the Findings of Fact were supported by substantial evidence and that the NSD did provide due process to BCA prior to revoking the charter. For these reasons, the CDE recommends that the SBE hold a public hearing to uphold the NSD revocation of BCA.

ACTION: Due to a lack of quorum, no formal recommendation was made from the ACCS to the SBE.

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, February 13, 2018
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