Final Meeting Notes for February 5, 2020

Advisory Commission on Charter Schools

An Advisory Body to the State Board of Education

Final Meeting Notes

Wednesday, February 5, 2020
California Department of Education
1430 N Street, Suite 1101
Sacramento, CA 95814-5901

Commission Members

• Jared Austin
• Esau Berumen
• Cameron Curry
• Stephanie Farland1
• Gayle Garbolino-Mojica
• Erika Jones
• Wesley Sever
• Brent Walmsley
• Mike Walsh

1Represents the State Superintendent of Public Instruction.

State Board of Education Liaison Members

• Sue Burr
• Vacant

Principal Staff

• Carrie Lopes, Education Administrator I, California Department of Education (CDE)
• Kylie Kwok, Education Fiscal Services Consultant, CDE
• Makenna Huey, Staff Services Manager I, CDE

Swearing-in of New Commissioners

• Esau Berumen
• Cameron Curry
• Stephanie Farland
• Erika Jones
• Brent Walmsley
• Mike Walsh

Agenda

Call to Order

• Commissioner Sever called the meeting to order at approximately 9:35 a.m.

Salute to the Flag

Welcome and Introductions

Review and Adoption of Meeting Notes

Tuesday, December 10, 2019

Action: Commissioner Garbolino-Mojica moved approval of minutes.

Commissioner Austin seconded the motion.

Yes votes: Commissioners Austin, Garbolino-Mojica, and Sever
No votes: None
Members absent: None
Abstentions: Commissioners Berumen, Curry, Farland, Jones, Walmsley, and Walsh

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

Public Comment

Agenda Items

Item 01

Subject: Consideration of 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 State Board of Education (SBE) approve the determination of funding requests at the percentages and for the time periods specified for the Nonclassroom-Based (NCB) 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, Berumen, Curry, Farland, Garbolino-Mojica, Jones, Sever, Walmsley, and Walsh
No votes: None
Members absent: None
Abstentions: None

The motion passed unanimously.

Item 02

Subject: Consideration of a Request for Determination 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 determination of funding request with mitigating circumstances at the percentage and for the time period specified for the charter school as provided in Attachment 1.

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

Commissioner Walsh seconded the motion.

Yes votes: Commissioners Austin, Berumen, Curry, Farland, Garbolino-Mojica, Jones, Sever, Walmsley, and Walsh
No votes: None
Members absent: None
Abstentions: None

The motion passed unanimously.

Item 03

Subject: Petition for the Renewal of a Charter School Under the Oversight of the State Board of Education: Consideration of Academia Avance Charter, which was denied by the Los Angeles Unified School District.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to renew Academia Avance Charter (AAC), a grade six through grade twelve charter school, based on the CDE’s findings pursuant to Education Code (EC) Section 47605 and California Code of Regulations, Title (5 CCR) Section 11967.5.

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

Additionally, the CDE finds that the AAC petition does not provide reasonably comprehensive descriptions of three of the required elements and is not able to successfully implement the intended program. If approved by the SBE, and as a condition of approval, AAC will be required to revise the petition in order to reflect the SBE as the authorizer and include the necessary language for the following required charter elements: Governance Structure, Employee Qualifications, and Dispute Resolution Procedures.

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

Commissioner Jones seconded the motion.

Yes votes: Commissioners Austin, Farland, Garbolino-Mojica, Jones, Sever, and Walsh
No votes: Commissioners Berumen, Curry, and Walmsley
Members absent: None
Abstentions: None

The motion passed by a vote of six to three.

Item 04

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

CDE Recommendation: The CDE proposes to recommend that the SBE holds a public hearing to deny the request to renew OnePurpose School (OPS), a transitional kindergarten through grade five charter school, based on the CDE’s findings pursuant to EC Section 47605 and 5 CCR Section 11967.5.

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

The OPS petitioners are not able to successfully implement the intended program and the OPS petition does not provide reasonably comprehensive descriptions of three of the required charter elements. If approved by the SBE, and as a condition of approval, OPS will be required to revise the petition to reflect the SBE as the authorizer and include the necessary language for the following required charter elements: Description of Educational Program, Suspension and Expulsion Procedures, and Dispute Resolution Procedures.

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

Commissioner Walsh seconded the motion.

Yes votes: Commissioners Austin, Berumen, Farland, Garbolino-Mojica, Jones, Sever, and Walsh
No votes: Commissioners Curry and Walmsley
Members absent: None
Abstentions: None

The motion passed by a vote of seven to two.

Adjournment of Meeting

Commissioner Sever adjourned the meeting at approximately 2:32 p.m.

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