Final Meeting Notes for February 7, 2018
Advisory Commission on Charter Schools (ACCS) final meeting notes for February 7, 2018.Advisory Commission on Charter Schools
An Advisory Body to the State Board of Education
Final Meeting Notes
Wednesday, February 7, 2018
California Department of Education
1430 N Street, Suite 1101
Sacramento, CA 95814-5901
Commission Members
- Jared Austin
- Brian Bauer (Absent)
- Lisa Constancio1
- Ari Engelberg (Absent)
- Jumoke Hinton Hodge
- Gayle Garbolino-Mojica
- Dr. Mark Ryan
- Dr. Wesley Sever
- Curtis L. Washington
1Represents the State Superintendent of Public Instruction.
State Board of Education Liaison Members
- Bruce Holaday (Absent)
- Trish B. Williams
Principal Staff
- Judie Hall, Education Administrator I, California Department of Education (CDE)
- Carolyn Pfister, Education Administrator I, State Board of Education (SBE)
- Bill Fong, Education Programs Consultant (EPC), CDE
- Christy Gardner, EPC, CDE
- Craig Heimbichner, EPC, CDE
- Marites Rivera, EPC, CDE
Agenda
Call to Order
- Chair Ryan called the meeting to order at approximately 9:05 a.m.
Salute to the Flag
Welcome and Introductions
Review and Adoption of Meeting Notes
Tuesday, August 5, 2017 and Thursday, December 7, 2017
Action: Commissioner Sever moved approval of minutes.
Commissioner Washington seconded the motion.
Yes votes: Commissioners Austin, Constancio, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioners Bauer and Engelberg
Abstentions: Commissioners Hinton Hodge and Garbolino-Mojica
The motion passed with five votes and two abstentions.
Agenda Items
Item 01
Subject: Consideration of Requests for Determinations 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 for the periods specified for the 37 nonclassroom-based charter schools as provided in Attachment 1.
Action: Commissioner Garbolino-Mojica moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Sever seconded the motion.
Yes votes: Commissioners Austin, Constancio, Hinton Hodge, Garbolino-Mojica, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed unanimously.
Item 02
Subject: Consideration of Retroactive Requests for Determinations 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 Washington moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Garbolino-Mojica seconded the motion.
Yes votes: Commissioners Austin, Constancio, Hinton Hodge, Garbolino-Mojica, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed unanimously.
Item 03
Subject: Consideration of Retroactive Requests for Determinations 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 and approve a determination of funding of 100 percent for two fiscal years, 2016–17 through 2017–18, as provided in Attachment 1.
Action: Commissioner Sever moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Garbolino-Mojica seconded the motion.
Yes votes: Commissioners Austin, Constancio, Hinton Hodge, Garbolino-Mojica, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed unanimously.
Item 04
Subject: Reconsideration of Requests for Determinations 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 reconsideration requests for the higher determinations of funding, as provided in 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, Hinton Hodge, Garbolino-Mojica, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed unanimously.
Item 05
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Vista Springs Charter School, which was denied by the Vista Unified School District and San Diego County Office of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to approve the establishment of Vista Springs Charter School (VSCS) 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. The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.
The CDE finds that the VSCS petition presents a sound educational program for pupils to be enrolled in VSCS and that the petitioner is demonstrably likely to successfully implement the intended program. The CDE notes that the VSCS petition presents a reasonably comprehensive description of most of the required elements. The VSCS petitioner provided numerous documents in the appendices that assisted in the CDE’s analysis of the VSCS educational program.
The CDE finds that the VSCS petitioner is demonstrably likely to successfully implement the intended program as the petitioner has presented a multi-year financial plan that is fiscally viable due to projected ending fund balances of $64,378; $274,649; and $506,545 with reserves of 4.6, 14.7, and 23.2 percent for fiscal years 2018–19 to 2020–21, respectively.
The CDE conducts a fiscal analysis pursuant to EC Section 45605(b)(2), and 5 CCR sections 11967.5.1(c)(B)(2) and (c)(B)(3).
Action: Commissioner Ryan moved for recommendation to the SBE of the CDE staff recommendation.
Commissioner Hinton Hodge seconded the motion.
Yes votes: Commissioner Austin, Constancio, Hinton Hodge, Garbolino-Mojica, Ryan, Sever, and Washington
No votes: None
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed unanimously.
Item 06
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Phoenix Charter Academy, which was denied by the Shasta Union High School District and the Shasta County Board of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to establish Phoenix Charter Academy (PCA), a kindergarten (K) through grade twelve independent study (IS) charter school, 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 11967.5.1.
The CDE finds that the PCA petitioner is demonstrably unlikely to implement the intended program set forth in the petition in that the petitioner has a past history of involvement in charter schools that the CDE regards as unsuccessful.
Additionally, the CDE finds that the PCA petition does not provide reasonably comprehensive descriptions of the educational program, measurable pupil outcomes, governance structure, employee qualifications, admission requirements, suspension and expulsion procedures, and dispute resolution procedures.
Action: Commissioner Hinton Hodge moved for recommendation to the SBE to approve the petition on appeal.
Commissioner Austin seconded the motion.
Yes votes: Commissioners Austin, Hinton Hodge, and Ryan
No votes: Commissioners Constancio, Garbolino-Mojica, Sever, and Washington
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion did not pass by a vote of three to four. Five votes are required to move an Advisory Commission on Charter Schools (ACCS) recommendation forward to the SBE; therefore, no formal recommendation was made.
Item 07
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Baypoint Preparatory Academy–San Diego, which was denied by the San Marcos Unified School District and the San Diego County Board of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to establish Baypoint Preparatory Academy–San Diego (BPA-SD), 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 11967.5.1.
Action: Commissioner Sever moved for recommendation to the SBE to approve the petition on the condition that the CDE staff verifies budget assumptions.
Commissioner Hinton Hodge seconded the motion.
Yes votes: Commissioners Austin, Hinton Hodge, Garbolino-Mojica, Ryan, Sever, and Washington
No votes: Commissioners Constancio
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed by a vote of six to one.
Item 08
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Knowledge is Power Program - Bayview Elementary School, which was denied by the San Francisco Unified School District.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to establish Knowledge is Power Program (KIPP) - Bayview Elementary School (KBES), a transitional kindergarten (TK) through grade four 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)(5), and 5 CCR Section 11967.5.1.
The CDE recommendation is preliminary, pending clarification of various unresolved issues regarding the financial and operation plan and governance structure.
The CDE finds that the KBES petition is demonstrably unlikely to implement the program set forth in the petition. In addition, the petition does not provide a reasonably comprehensive description of multiple required charter elements, including governance structure, and suspension and expulsion procedures.
Action: Commissioner Hinton Hodge moved for recommendation to the SBE to approve the petition on appeal.
Commissioner Austin seconded the motion.
Yes votes: Commissioners Austin, Hinton Hodge, Garbolino-Mojica, Ryan, and Sever
No votes: Commissioners Constancio and Washington
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed by a vote of five to two.
Item 09
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Knowledge is Power Program - East Side High School, which was denied by the East Side High School District and the Santa Clara County Board of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to establish Knowledge is Power Program (KIPP) - East Side High School (KESHS), 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), 47605(b)(5), and 5 CCR Section 11967.5.1.
The CDE recommendation is preliminary, pending clarification of various unresolved issues regarding the financial and operation plan and governance structure.
The CDE finds that the KESHS petitioner is demonstrably unlikely to implement the program set forth in the petition. In addition, the petition does not provide a reasonably comprehensive description of multiple required charter elements, including governance structure and suspension and expulsion procedures.
Action: Commissioner Austin moved for recommendation to the SBE to approve the petition on appeal.
Commissioner Hinton Hodge seconded the motion.
Yes votes: Commissioners Austin, Hinton Hodge, Garbolino-Mojica, Ryan, Sever, and Washington
No votes: Commissioners Constancio
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion passed by a vote of six to one.
Item 10
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of College Preparatory Middle School-La Mesa Spring Valley, which was denied by the La Mesa Spring Valley School District and the San Diego County Board of Education.
CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to establish College Preparatory Middle School-La Mesa Spring Valley (CPMS-LMSV), a grade five through grade eight 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)(5), and 5 CCR Section 11967.5.
The CDE recommendation is preliminary, pending clarification of unresolved issues regarding the financial and operation plan.
The CDE finds that the CPMS-LMSV petitioner is demonstrably unlikely to implement the program set forth in the petition. In addition, the petition does not provide reasonably comprehensive descriptions of measurable pupil outcomes, method for measuring pupil progress, suspension and expulsion procedures, and retirement coverage.
Action: Commissioner Hinton Hodge moved for recommendation to the SBE to approve the petition on appeal.
Commissioner Austin seconded the motion.
Yes votes: Commissioners Austin, Hinton Hodge, Ryan, and Washington
No votes: Commissioners Constancio, Garbolino-Mojica, and Sever
Members absent: Commissioners Bauer and Engelberg
Abstentions: None
The motion did not pass by a vote of four to three. Five votes are required to move an ACCS recommendation forward to the SBE; therefore, no formal recommendation was made.
Adjournment of Meeting
Chair Ryan adjourned the meeting at approximately 6:05 p.m.
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