Final Meeting Notes for June 12, 2018
Advisory Commission on Charter Schools (ACCS) final meeting notes for the June 12, 2018.Advisory Commission on Charter Schools
An Advisory Body to the State Board of Education
Final Meeting Notes
Tuesday, June 12, 2018
California Department of Education
1430 N Street, Suite 1101
Sacramento, CA 95814-5901
Commission Members
- Jared Austin
- Brian Bauer
- Lisa Constancio1
- Ari Engelberg
- Jumoke Hinton Hodge
- Gayle Garbolino-Mojica
- Dr. Mark Ryan
- Dr. Wesley Sever
- Curtis L. Washington (Absent)
1Represents the State Superintendent of Public Instruction.
State Board of Education Liaison Members
- Bruce Holaday
- Trish B. Williams
Principal Staff
- Carolyn Pfister, Education Administrator I, State Board of Education (SBE)
- Craig Heimbichner, Education Programs Consultant (EPC), California Department of Education (CDE)
- Matthew Huddleston, EPC, CDE
- Chad Owes, EPC, CDE
Agenda
Call to Order
- Chair Bauer called the meeting to order at approximately 9:10 a.m.
Salute to the Flag
Welcome and Introductions
Review and Adoption of Meeting Notes
Tuesday, April 10, 2018
Action: Commissioner Austin moved approval of minutes.
Commissioner Garbolino-Mojica seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engelberg, Hinton Hodge, Garbolino-Mojica, Ryan, and Sever
No votes: None
Members absent: Commissioner Washington
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 the percentages and time periods specified for each of the 18 nonclassroom-based charter schools listed in Attachment 1.
Action: Commissioner Garbolino-Mojica moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Ryan seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engelberg, Hinton Hodge, Garbolino-Mojica, Ryan, and Sever
No votes: None
Members absent: Commissioner Washington
Abstentions: None
The motion passed unanimously.
Item 02
Subject: Consideration of 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 determination of funding requests with mitigating circumstances at the percentages and time periods specified for each of the three nonclassroom-based charter schools listed 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, Bauer, Constancio, Engelberg, Hinton Hodge, Garbolino-Mojica, Ryan, and Sever
No votes: None
Members absent: Commissioner Washington
Abstentions: None
The motion passed unanimously.
Item 03
Subject: Reconsideration of Request for Determinations of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2; California Code of Regulations, Title 5 Section 11963.6(g); and Associated California Code of Regulations, Title 5.
CDE Recommendation: The CDE proposes to recommend that the SBE approve the reconsideration request for Opportunity for Learning – Santa Clarita (OFLSC), as specified in Attachment 1.
Action: Commissioner Ryan moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Engelberg seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engelberg, Hinton Hodge, Garbolino-Mojica, Ryan, and Sever
No votes: None
Members absent: Commissioner Washington
Abstentions: None
The motion passed unanimously.
Item 04
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Olive Grove Charter School: Buellton, which was denied by the Santa Ynez Valley Union School District and the Santa Barbara County Office of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve the establishment of Olive Grove Charter School: Buellton (OGCSB) to serve transitional kindergarten (TK) through grade twelve 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)(6), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5.
The CDE finds that the OGCSB petition presents a sound educational program and the petitioner is demonstrably likely to implement the intended program due to fiscal viability. The CDE notes the OGCSB petition presents a reasonably comprehensive description of most of the required elements but if approved by the SBE, OGCSB will need to address English learner (EL) reclassification criteria, measurable pupil outcomes, employee qualifications, suspension and expulsion procedures, and dispute resolution procedures by revisions to the petition submitted to the CDE on or before July 31, 2018.
Action: Commissioner Ryan moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Hinton Hodge seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engleberg, Hinton Hodge, Ryan, and Sever
No votes: Commissioner Garbolino-Mojica
Members absent: Commissioner Washington
Abstentions: None
The motion passed by a vote of seven to one.
Item 05
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Olive Grove Charter School: Lompoc, which was denied by the Lompoc Unified School District and the Santa Barbara County Board of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve the establishment of Olive Grove Charter School: Lompoc (OGCSL) to serve transitional kindergarten (TK) through grade twelve 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 EC sections 47605(b)(1), 47605(b)(2), 47605(b)(3), 47605(b)(4), 47605(b)(6), and 5 CCR Section 11967.5.
The CDE finds that the OGCSL petition presents a sound educational program and the petitioner is demonstrably likely to implement the intended program due to fiscal viability. The CDE notes the OGCSL petition presents a reasonably comprehensive description of most of the required elements but if approved by the SBE, OGCSL will need to address EL reclassification criteria, measurable pupil outcomes, employee qualifications, suspension and expulsion procedures, and dispute resolution procedures by revisions to the petition submitted to the CDE on or before July 31, 2018.
Action: Commissioner Hinton Hodge moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Austin seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engelberg, Hinton Hodge, Ryan, and Sever
No votes: Commissioner Garbolino-Mojica
Members absent: Commissioner Washington
Abstentions: None
The motion passed by a vote of seven to one.
Item 06
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the 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 to approve the establishment of Olive Grove Charter School: Orcutt/Santa Maria (OGCSOSM) to serve transitional kindergarten (TK) through grade twelve 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 EC sections 47605(b)(1), 47605(b)(2), 47605(b)(3), 47605(b)(4), 47605(b)(6), and 5 CCR Section 11967.5.
The CDE finds that the OGCSOSM petition presents a sound educational program and is demonstrably likely to implement the intended program. The OGCSOSM petition presents a reasonably comprehensive description of most of the required elements but if approved by the SBE, OGCSOSM will need to address EL reclassification criteria, measurable pupil outcomes, employee qualifications, suspension and expulsion procedures, and dispute resolution procedures by revisions to the petition submitted to the CDE on or before July 31, 2018.
Action: Commissioner Ryan moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Engelberg seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engelberg, Hinton Hodge, Ryan, and Sever
No votes: Commissioner Garbolino-Mojica
Members absent: Commissioner Washington
Abstentions: None
The motion passed by a vote of seven to one.
Item 07
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Olive Grove Charter School: Santa Barbara, which was denied by the Santa Barbara Unified School District and the Santa Barbara County Board of Education.
CDE Recommendation: The CDE)proposes to recommend that the SBE hold a public hearing to approve the establishment of Olive Grove Charter School: Santa Barbara (OGCSSB) to serve transitional kindergarten (TK) through grade twelve 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 EC sections 47605(b)(1), 47605(b)(2), 47605(b)(3), 47605(b)(4), 47605(b)(6), and 5 CCR Section 11967.5.
The CDE finds that the OGCSSB petition presents a sound educational program and the petitioner is demonstrably likely to implement the intended program due to fiscal viability. The CDE notes the OGCSSB petition presents a reasonably comprehensive description of most of the required elements but if approved by the SBE, OGCSSB will need to address EL reclassification criteria, measurable pupil outcomes, employee qualifications, suspension and expulsion procedures, and dispute resolution procedures by revisions to the petition submitted to the CDE on or before July 31, 2018.
Action: Commissioner Ryan moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Engelberg seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engelberg, Hinton Hodge, Ryan, and Sever
No votes: Commissioner Garbolino-Mojica
Members absent: Commissioner Washington
Abstentions: None
The motion passed by a vote of seven to one.
Item 08
Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Executive Preparatory Academy of Finance, which was denied by the Los Angeles Unified School District and the Los Angeles County Office of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to renew Executive Preparatory Academy of Finance (EPAF), a grade nine through grade twelve charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), and 47605(b)(5), and 5 CCR Section 11967.5.1.
The EPAF petition is not consistent with sound educational practice and would not be of educational benefit to the pupils who attend. EPAF does not perform, overall, at least equal to its resident district schools where the majority of EPAF pupils would otherwise attend.
The EPAF petitioners are demonstrably unlikely to implement the program set forth in the petition due to unsuccessful history and the inability for EPAF to sustain fiscal viability.
Additionally, the CDE finds that the EPAF petition does not provide a reasonably comprehensive description of the educational program, measurable pupil outcomes, governance, and suspension and expulsion procedures.
Action: Commissioner Ryan made a motion that the Advisory Commission on Charter Schools (ACCS) recommend approval of the charter petition to the SBE with the following conditions:
- By August 1, provide evidence that all ties and loans to the Celerity group be cut.
- Any accounts payable by June 30 be fully resolved unless those accounts are in some sort of formal dispute
- By August 1, there will be evidence that all bills will be paid in full.
An amendment to the motion was made by Commissioner Ryan to include the following condition:
- That the petitioner provide evidence of meeting conditions 1-3 prior to the July SBE meeting.
Commissioner Hinton Hodge seconded the motion.
Yes votes: Commissioners Austin, Bauer, Engelberg, Hinton Hodge, and Ryan
No votes: Commissioners Constancio, Garbolino-Mojica, and Sever
Members absent: Commissioner Washington
Abstentions: None
The motion passed by a vote of five to three.
Item 09
Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Guidance Charter School, which was denied by the Palmdale School District and the Los Angeles County Office of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to renew Guidance Charter School (GCS), a kindergarten (K) through grade twelve charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1) and 47605(b)(5), and 5 CCR Section 11967.5.1.
The CDE finds that the GCS petition is not consistent with sound educational practice. GCS does not perform, overall, at least equal to its comparable district schools where the majority of GCS pupils would otherwise attend.
Additionally, the CDE finds that the GCS petition does not provide reasonably comprehensive descriptions of the required elements, including a description of the educational program, measurable pupil outcomes, method for measuring pupil progress, governance structure, employee qualifications, annual independent financial audits, suspension and expulsion procedures, and closure procedures.
Action: Commissioner Engelberg moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Sever seconded the motion.
Commissioner Engelberg withdrew his motion.
Commissioner Ryan made a motion that the ACCS recommend approval of the charter petition to the SBE.
Commissioner Hinton Hodge seconded the motion.
Yes votes: Commissioners Austin, Bauer, Engelberg, Hinton Hodge, and Ryan
No votes: Commissioners Constancio and Sever
Members absent: Commissioners Garbolino-Mojica and Washington
Abstentions: None
The motion passed by a vote of five to two.
Item 10
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Latitude 37.8 High School, which was denied by the Oakland Unified School District and the Alameda County Board of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve the request to establish Latitude 37.8 High School (LAT 37.8), a grade nine through grade twelve charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(2), and 47605(b)(5), and 5 CCR Section 11967.5.1.
The CDE finds that the LAT 37.8 petitioners have a sound educational program and the petitioners are demonstrably likely to implement the program set forth in the petition, provided they secure funding as stated in the petition.
The CDE recommends the following conditions to be met as outlined and prior to Latitude opening for operation in 2018–19:
- The Latitude Board will provide the CDE with verifiable and substantive evidence that Latitude has received the funding anticipated from each of the commitment letters identified in the petition and updated financial projections and;
- The Latitude Board will provide the CDE with a revised 2018–19 budget, with complete narrative and assumptions.
The CDE finds that the LAT 37.8 petition does provide a reasonably comprehensive description of most of the required elements. If approved by the SBE, updates would be needed to clarify governance structure and to reflect new laws in admissions and expulsion and suspension procedures.
Action: Commissioner Austin moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Engelberg seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Engelberg, Ryan, and Sever
No votes: None
Members absent: Commissioners Hinton Hodge and Washington
Abstentions: Commissioner Garbolino-Mojica
The motion passed by six votes with one absention.
Item 11
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Sycamore Preparatory Academy, which was denied by the Chino Valley Unified School District and the San Bernardino County Office of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to establish Sycamore Preparatory Academy (SPA), a transitional kindergarten (TK)/kindergarten (K) through grade eight charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(2), and 47605(b)(5), and 5 CCR Section 11967.5.1.
The CDE finds that the SPA petitioners are demonstrably unlikely to implement the program set forth in the petition due to an unrealistic financial and operational plan with negative ending fund balances.
Additionally, the CDE finds that the SPA petition does not provide a reasonably comprehensive description of the educational program, governance, health and safety, suspension and expulsion procedures, dispute resolution, and closure procedures.
Action: Commissioner Bauer moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Sever seconded the motion.
Yes votes: Commissioners Austin, Bauer, Constancio, Garbolino-Mojica, and Sever
No votes: Commissioners Engelberg, Hinton Hodge, and Ryan
Members absent: Commissioner Washington
Abstentions: None
The motion passed by a vote of five to three.
Adjournment of Meeting
Chair Bauer adjourned the meeting at approximately 6:05 p.m.
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