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ACCS Meeting Notes for February 5, 2019

Advisory Commission on Charter Schools (ACCS) final meeting notes for the February 5, 2019, meeting.

Advisory Commission on Charter Schools

An Advisory Body to the State Board of Education

Final Meeting Notes

Tuesday, February 5, 2019
California Department of Education
1430 N Street, Suite 1101
Sacramento, CA 95814-5901


Commission Members

  • Jared Austin
  • Lisa Constancio1
  • Ari Engelberg (Absent)
  • Gayle Garbolino-Mojica
  • Jumoke Hinton Hodge (Absent)
  • Terri Jackson
  • Dr. Mark Ryan
  • Dr. Wesley Sever

1Represents the State Superintendent of Public Instruction.

State Board of Education Liaison Members

  • Vacant
  • Vacant

Principal Staff

  • Carolyn Pfister, Education Administrator I, State Board of Education (SBE)
  • Carrie Lopes, Education Administrator I, California Department of Education (CDE)
  • Marites Rivera, Education Programs Consultant, CDE
  • Kylie Kwok, Education Fiscal Services Consultant, CDE
  • Donna Neville, Staff Counsel IV, SBE
  • Lilly Ko, Staff Counsel III, CDE
  • Amber Crisp, Associate Governmental Program Analyst, CDE
Call to Order
  • Commissioner Sever called the meeting to order at approximately 9:45 a.m.
  • Salute to the Flag
  • Swearing in of Commissioner Terri Jackson
  • Welcome and Introductions
  • Review and Adoption of Meeting Notes
  • Public Comment
Review and Adoption of Meeting Notes

Action: Thursday, December 13, 2018

Commissioner Garbolina-Mojica moved approval of minutes.

Commissioner Ryan seconded the motion.

Yes votes: Commissioners Austin, Constancio, Garbolino-Mojica, Jackson, Ryan, and Sever
No votes: None
Members absent: Commissioners Engelberg and Hinton Hodge
Abstentions: None

The motion passed unanimously.

AGENDA ITEMS

ITEM 01

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 at full funding and for the time periods as specified for the 58 nonclassroom-based charter schools listed on Attachment 1.

Action: Commissioner Garbolino-Mojica moved for recommendation to the SBE of the CDE staff recommendation.

Commissioner Austin seconded the motion.

Yes votes: Commissioners Austin, Constancio, Garbolino-Mojica, Jackson, Ryan, and Sever
No votes: None
Members absent: Commissioners Engelberg and Hinton Hodge
Abstentions: None

The motion passed unanimously.

ITEM 02

Subject: Consideration of a Retroactive 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 request for the percentage and period specified for the nonclassroom-based charter school provided in Attachment 1.

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

Commissioner Austin seconded the motion.

Yes votes: Commissioners Austin, Constancio, Garbolino-Mojica, Jackson, Ryan, and Sever
No votes: None
Members absent: Commissioners Engelberg and Hinton Hodge
Abstentions: None

The motion passed unanimously.

ITEM 03

Subject: College Preparatory Middle School-La Mesa Spring Valley: Consider a Material Revision of the Charter to Change Admission Preferences.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve the request for the material revision of the College Preparatory Middle School-La Mesa Spring Valley (CPMS-LMSV) petition to amend Element 8-Admission Requirements for a five-year term, of July 1, 2018, through June 30, 2023, under the oversight of the SBE, based on the CDE’s findings pursuant to 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 (5 CCR), Section 11967.5.1.

The CDE finds that the CPMS-LMSV petition is consistent with sound educational practice and the petitioners are demonstrably likely to successfully implement the intended program.

The CDE finds that the CPMS-LMSV petition does provide a reasonably comprehensive description of the 15 required elements.

If approved by the SBE, the CPMS-LMSV petitioner will be required to revise the petition to include the necessary language in Element 10–Suspension and Expulsion Procedures.

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

Commissioner Austin seconded the motion.

Yes votes: Commissioners Austin, Constancio, Garbolino-Mojica, Jackson, Ryan, and Sever
No votes: None
Members absent: Commissoners Engelberg and Hinton Hodge
Abstentions: None

The motion passed unanimously.

ITEM 04

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Thrive Public School, which was denied by the San Diego Unified School District.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to renew Thrive Public School (TPS), a transitional kindergarten (TK) through grade twelve charter school based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(5), and 5 CCR Section 11967.5.

The TPS petitioner does not meet the renewal criteria and does not present a sound educational program as they do not perform, overall, at least equal to its comparable district schools where the majority of TPS pupils would otherwise attend.

Additionally, the TPS petition does not include the necessary language for Element 2–Measurable Pupil Outcomes.

Action: Commissioner Garbolino-Mojica moved for recommendation to the SBE of the CDE staff recommendation.

Commissioner Jackson seconded the motion.

Yes votes: Commissioners Constancio, Garbolino-Mojica, Jackson, and Sever
No votes: Commissioners Austin and Ryan
Members absent: Commissioners Engelberg and Hinton Hodge
Abstentions: None

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

ITEM 05

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Magnolia Science Academy-Santa Ana, which was denied by the Santa Ana Unified School District.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve the request to renew Magnolia Science Academy-Santa Ana (MSA-SA), a TK through grade twelve charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC Section 47605(b) and 5 CCR Section 11967.5.1.

The CDE finds that the MSA-SA petition is consistent with sound educational practice and does perform, overall, at least equal to its comparable district schools where the majority of MSA-SA pupils would otherwise attend.

Additionally, the CDE finds that the MSA-SA is demonstrably likely to implement the program set forth in the petition, is fiscally viable, and does provide reasonably comprehensive descriptions of the required 15 elements.

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

Commissioner Austin seconded the motion.

Yes votes: Commissioners Austin, Constancio, Garbolino-Mojica, Jackson, Ryan, and Sever
No votes: None
Members absent: Commissioners Engelberg and Hinton Hodge
Abstentions: None

The motion passed unanimously.

ITEM 06

Subject: Renewal Petition for the Establishment of a Charter School under the oversight of the State Board of Education: Consideration of Ridgecrest Charter School, which was denied by the Sierra Sands Unified School District.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to renew Ridgecrest Charter School (RCS), a TK through grade eight charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC Section 47605(b)(1) and 5 CCR Section 11967.5.1.

The RCS petitioner does not meet the renewal criteria and does not present a sound educational program as they do not perform, overall, at least equal to its comparable district schools where the majority of RCS pupils would otherwise attend.

Additionally, the RCS petition does not include the necessary language for Element 1–Educational Program, Element 2–Measurable Pupil Outcomes, and Element 5–Employee Qualifications.

Action: Commissioner Garbolino-Mojica moved for recommendation to the SBE of the CDE staff recommendation.

Commissioner Jackson seconded the motion.

Yes votes: Commissioners Austin, Constancio, Garbolino-Mojica, Jackson, and Sever
No votes: Commissioner Ryan
Members absent: Commissioners Engelberg and Hinton Hodge
Abstentions: None

The motion passed by a vote of five to one.

Adjournment of Meeting

Commissioner Sever adjourned the meeting at approximately 2:55 p.m.

Questions:   Charter Schools Division | charters@cde.ca.gov | 916-322-6029
Last Reviewed: Wednesday, April 17, 2019
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