Final Meeting Notes for April 10, 2019

Advisory Commission on Charter Schools

An Advisory Body to the State Board of Education

Final Meeting Notes

Wednesday, April 10, 2019
California Department of Education
1430 N Street, Suite 1101
Sacramento, CA 95814-5901

Commission Members

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

1Represents the State Superintendent of Public Instruction.

State Board of Education Liaison Members

• Sue Burr
• 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
• Virginia Cale, Staff Counsel III, CDE
• Amber Crisp, Associate Governmental Program Analyst, CDE

Agenda

Call to Order

• Commissioner Sever called the meeting to order at approximately 9:33 a.m.

Salute to the Flag

Welcome and Introductions

Review and Adoption of Meeting Notes

Tuesday, February 5, 2019

Action: Commissioner Terri Jackson moved approval of minutes.

Commissioner Mark Ryan seconded the motion.

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

The motion passed unanimously.

Public Comment

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 75 Nonclassroom-based (NCB) charter schools listed on Attachment 1.

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

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

The motion passed unanimously.

Item 02

Subject: Consideration of 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 requests with mitigating circumstances at the percentages and time periods specified for each of the 13 NCB 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, Constancio, Engelberg, Garbolino-Mojica, Jackson, Ryan, and Sever
No votes: None
Members absent: Commissioner Hinton Hodge
Abstentions: None

The motion passed unanimously.

Item 03

Subject: Reconsideration of Request for Determination of Funding as Required for a Nonclassroom-based Charter School 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 Twin Ridges Home Study Charter (TRHSC), 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, Constancio, Engelberg, Garbolino-Mojica, Jackson, Ryan, and Sever
No votes: None
Members absent: Commissioner Hinton Hodge
Abstentions: None

The motion passed unanimously.

Item 04

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Eagle Collegiate Academy, which was denied by the Acton-Agua Dulce Unified School District and considered for denial by the Los Angeles County Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to establish Eagle Collegiate Academy (ECA), a transitional kindergarten (TK)/kindergarten (K) through grade twelve charter school for a five-year term beginning July 1, 2019 through June 30, 2024, under the oversight of the SBE, based on the CDE’s findings pursuant to Education Code (EC) sections 47605(b)(2), 47605(b)(5)(E), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5.1(c).

The CDE finds that the petitioner is demonstrably unlikely to implement the program set forth in the petition due to an unrealistic financial and operational plan including aggressive enrollment assumptions and a budget plan reliant on meeting these enrollment projections.

Additionally, the CDE finds that the ECA petition does not contain a reasonably comprehensive description of all the required elements including Element 5–Employee Qualifications.

If approved by the SBE, and as a condition of approval, ECA will be required to revise the petition in order to reflect the SBE as authorizer and include the necessary language for 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: Commissioners Engelberg and Ryan
Members absent:
Abstentions: Commissioner Hinton Hodge

The motion passed by a vote of five to two.

Item 05

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Los Angeles International Charter High School, which was denied by the Los Angeles County Board of Education.

CDE Recommendation: The CDE proposes to recommend that the SBE hold a public hearing to deny the request to renew Los Angeles International Charter High School (LAICHS), 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)(5), and 5 CCR Section 11967.5.1.

The LAICHS petitioner does not meet the renewal criteria as they do not perform, overall, at least equal to its comparable district schools where the majority of LAICHS’ pupils would otherwise attend.

Additionally, the LAICHS petition does not provide a reasonably comprehensive description of 8 of the 15 required charter elements as follows: Description of Educational Program, Measurable Pupil Outcomes, Method for Measuring Pupil Progress, Employee Qualifications, Health and Safety Procedures, Admission Requirements, Annual Independent Financial Audits, and Suspension and Expulsion Procedures. The petition also does not provide reasonably comprehensive descriptions of Teacher Credentialing and Goals to Address the Eight State Priorities.

If approved by the SBE, and as a condition of approval, LAICHS will be required to revise the petition in order to reflect the SBE as authorizer and include the necessary language for the required charter elements as noted above.

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, Engelberg, Hinton Hodge, and Ryan
Members absent: None
Abstentions: None

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

Adjournment of Meeting

Commissioner Sever adjourned the meeting at approximately 1:05 p.m.

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