POLICY FOR CHARTER SCHOOLS IN THE LOS ANGELES UNIFIED SCHOOL DISTRICT. Approved by the Los Angeles Unified School District Board of Education

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1 POLICY FOR CHARTER SCHOOLS IN THE LOS ANGELES UNIFIED SCHOOL DISTRICT Approved by the Los Angeles Unified School District Board of Education Hon. Caprice Young, President June 25, 2002 Roy Romer, Superintendent Merle Price, Deputy Superintendent, Instructional Services Kathy Lesley, Assistant Superintendent, Secondary Instruction Grace Arnold, Director, Charter Schools Unit

2 LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY FOR CHARTER SCHOOLS TABLE OF CONTENTS Introduction..1 Vision and Mission of Charter Schools...2 Historical Background Dependent and Independent Charter Schools Board Conditions The Charter School Development Process..4 Criteria for Approval...4 Information to Petitioners.. 10 Charter Proposal Review.. 11 Charter Advisory Committee Role Charter Office Role Timeline Amendments to the charter 13 Priorities for Charters.13 Accountability Measures of Accountability...14 Charter Renewal.16 Charter Revocation Facilities. 17 Dissemination of Best Practices. 20 General Assurances Insurance Requirements Insurance Certificates Optional Insurance Hold Harmless Financial Matters Court-Ordered Integration Special Education Consent Decrees Appendices. 26 Appendix A (Rubrics) Appendix B (Timeline) Appendix C (Facilities guideline chart)

3 INTRODUCTION This document was developed with the intent to arrive at a shared understanding of and agreement on the role that charter schools play in the Los Angeles Unified School District (District) in order to guide future decisions and policies. It is intended to establish a clear framework for how charter schools can work within the context of the District for improved student learning and for the betterment of the total educational program. Finally, it is intended to provide information, definitions and guidelines to potential charter school developers, to continuing charter schools, to District staff, to parents of charter school students and to the general public. This document resulted from collaborative work among three significant groups - the newly formed Focus Group of Charter Developers, the long-standing Los Angeles Unified School District Superintendent s Charter Advisory Committee, and the staff of the Los Angeles Unified School District Charter Office. Members of the California Network of Educational Charters (CANEC), the Charter Schools Development Center (CSDC), the Center for School Change and the California Department of Education (CDE) were consulted as a resource and provided valuable information. Two public hearings held by the Committee of the Whole of the Los Angeles Unified School District prompted the initial creation of this document and generated valuable input from Board Members and from the general public. The Focus Group has a diverse membership. It consists of leaders of both conversion and startup charter schools, newly established as well as veteran charter members. They represent both dependent and independent charters, small and large in size and demographically diverse in student population. The initial charge of the Focus Group was to assist in the development of policy and guidelines for charter schools to be proposed to the Board of Education. Once this project is completed, this group will continue to exist under a new charge, that of a Community of Practice - a network of support, accountability and dissemination of best practices for continuing and newly - established charter schools. The Charter Advisory Committee consists of representatives from the various departments and offices that regularly interact with charter school issues and personnel. This committee was established in the Los Angeles Unified School District during the early years of charter legislation implementation. And although its membership has changed over the years, it continues to carry the mission of reviewing charter proposals presented to the District in order to clarify and ensure that legal and statutory requirements are met. A smaller core group of the Charter Advisory Committee makes staff recommendations to the Board to approve or deny a charter petition. The Charter Office is at the core of all charter-related processes. It directs the work of the Charter Advisory Committee and Focus Group. It provides guidance to existing and future charter developers, provides information to the public, designs policy for approval of District Superintendent and Board of Education, and implements the vision, mission and policy of the District with regards to charter schools. 1

4 The content of this document is organized around the following five concepts, which are fundamental to charter school legislation and development: Vision and Mission Process Accountability Facilities Dissemination VISION Charter schools represent the opportunity to examine practices and develop structures that can help solve the many challenges facing schools in the Los Angeles Unified School District and the greater educational community. MISSION The Los Angeles Unified School District views charter schools as part of the District's family and as an asset from which we can learn. Therefore, the Los Angeles Unified School District will encourage and nurture the development and continuation of charter schools that are accountable for improved student learning and that can: Provide possible solutions to urban school challenges through practices that help: Ease the shortage of school facilities and seat space Narrow the achievement gap among students of various backgrounds Increase responsible parent and student involvement in learning Improve teacher quality and performance evaluation systems. Provide data to help identify and evaluate issues that affect quality educational programs and student learning and achievement. Serve as laboratories to test, demonstrate and disseminate ideas that can promote better educational practices. Provide an additional educational option for parents. The Los Angeles Unified School District is interested in fostering a collaborative relationship among charter and non-charter schools to promote learning through active participation and meaningful articulation of ideas. Therefore, a member of the staff of each local district will participate, as a non-voting, ex-officio member, in the governing council of each charter school's non-profit public benefit corporation, which is located within its boundaries. See Education Code (c). Dependent and Independent Charter Schools HISTORICAL BACKGROUND At the early stages of the Charter School Act and AB544 implementation, the Los Angeles Unified School District approved a number of charter schools to which it refers as dependent. 2

5 These are semi-autonomous conversion charter schools that are funded and function essentially as regular District schools. They follow District policy except for in those areas they specifically describe in their charters, such as, curriculum, pedagogy, philosophy, personnel and, or governance. Teachers and staff in dependent charter schools continue to be employees of the District and members of its Collective Bargaining Units. "Independent" charter schools may be either conversion or start up and may be either locally or direct-funded. These charter schools are fully autonomous and have the greatest degree of flexibility to design and implement the goals and procedures described in their charter petition. Employees in independent charter schools are on charter school leave from the Los Angeles Unified School District for a period of 5 years, at the end of which time they either resign from or return to the District. (See Los Angeles Unified School District and UTLA Agreement, , Article XII-B). The concepts of dependent and independent define the relationship between the District and charter schools. They can be seen as concepts at each end of a continuum. At one end are the schools that are least autonomous, the dependent charter schools; at the other end are the schools that have the greatest degree of autonomy to allocate their resources in order to fulfill the goals of their charters. Dependent charter schools have the option of remaining dependent or moving to the other end of the continuum by becoming independent. Both must clearly describe the extent of their autonomy from the District in their charters. Beginning in July 2002, all charter schools are required by State law to be funded either through the local or the direct Block Grant Funding Model. This block grant funding redefines the fiscal relationship between the District and those charter schools that are not independent. Dependent charters will no longer exist since the funding for them will no longer be provided by the District but will flow through the District directly to the charters choosing to remain affiliated with the District. An affiliated charter school retains both a fiscal and a service relationship with the District while using its additional resources to develop and implement innovative programs that best meet the educational needs of its students and those of the District. An affiliated charter school purchases services from the District, utilizes LAUSD teachers, and participates in collaborative program and professional development. While choosing not to separate from the District, affiliated charters will have greater fiscal and academic autonomy to pursue program development through increased site management. Affiliated charters will serve as model sites for exploring, developing and disseminating new charter policies and procedures for LAUSD and its future charter schools. This will include addressing the areas of academic and fiscal accountability, sustainability, succession planning, and dissemination of best practices. Working together, District staff and affiliated charters will investigate and identify avenues for using this format of charter schools to meet the changing needs of our students. A block grant funding model is in the process of being developed for affiliated charters by the District. It is intended to further define the financial relationship between the District and affiliated charters. Specifically, the intent of the new model is: 1) To provide maximum 3

6 budgeting flexibility to affiliated charter schools. 2) To allow those schools autonomy in implementing their charter programs using funds budgeted for that purpose including the categorical block funds. 3) To continue to identify ways in which the District can fiscally support its affiliated charter schools in developing models to improve the education of all District students. Board Conditions A set of "Board Conditions" was originally part of the charter approval process. With the development of a district policy on charter schools, some of these conditions no longer seemed applicable. There was a need to refine, clarify and even delete some of these conditions, to better reflect the vision and mission of the District in relation to its charter schools. Many of the board conditions do continue to be applicable. The former board conditions that continue to be applicable to current charter policy are now embedded within the text of this document. "Board Conditions" no longer exist as a separate entity. Criteria for Approval THE CHARTER DEVELOPMENT PROCESS The vision and mission of the Los Angeles Unified School District with regards to charter schools embrace and encompass the legislative intent of charter law, that is to: Improve pupil learning. Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving. Encourage the use of different and innovative teaching methods. Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site. Expand choices for students and parents/guardians in the types of educational opportunities available within the district. Be accountable for meeting measurable pupil outcomes and change from rule-based to performance-based accountability systems. Stimulate improvements in all public schools. (See Education Code 47601) In accordance with legislative requirements, the Los Angeles Unified School District will use the following five criteria for approval of a charter school: 1. The charter school presents a sound educational program for the pupils to be enrolled in the charter school. 2. The petitioners are demonstrably likely to successfully implement the program set forth in the petition. 3. For start-up charters, the petition contains signatures of either 50 % of parents who are meaningfully interested in enrolling their children at the school or 50% of teachers who are meaningfully interested in teaching at the school. For existing District schools 4

7 converting to charter school status, the petition contains at least 50% of the permanent status teachers currently employed at the school to be converted. 4. The petition contains the affirmations that: The charter shall be non-sectarian in its programs, admission policies, employment practices and all other operations. The charter shall not charge tuition. The charter shall not discriminate against any pupil on the basis of ethnicity, national origin, gender or disability. 5. The petition contains a reasonably comprehensive description of the State-required 15 elements. Rubrics were developed by the Los Angeles Unified School District and by the Charter Schools Development Center as evaluation tools to determine whether or not a program is "educationally sound," whether or not "the petitioners are demonstrably likely to succeed," and whether or not the description of the 15 required elements is "reasonably comprehensive." (See Appendix A). The 15 elements the petition must address according to Education Code (A) to (O) are as follows: 1. Description of the educational program The educational program of the school, designed, among other things, to describe what the school intends to accomplish, to identify those whom the school is attempting to educate, what it means to be an educated person in the 21 st century and how learning best occurs. The goals identified in that program shall include the objective of enabling students to become self-motivated, competent and lifelong learners. In addition, to fulfill this requirement, the description should include 1) the instructional methodology the school plans to use and the rationale for it, based on educational research, 2) the curriculum the school intends to use, demonstrating how it is consistent with or aligned to State or National Standards. Both instructional methodology and curriculum should be coherent and cohesive with the charter school's vision and mission, and with the population the school intends to serve, including but not limited to English language learners, gifted students, below grade level and other at-risk students and special education students. In addition, the charter school should demonstrate that its faculty and staff have the capacity to carry out the program described. A description of professional development the school would offer is paramount. The school should also describe how it will select instructional materials to be used, and how it will use time to accomplish its goals, keeping in mind that the school must meet or surpass the required number of minutes of instruction as set forth in Education Code Measurable pupil outcomes The measurable student outcomes identified for use by the charter school. Student outcomes means the extent to which all students of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the school s educational program. 5

8 The charter should describe the student performance objectives and identify the expected outcomes, which should be consistent with the school s instructional program and goals, and how the ongoing monitoring of all students' progress will inform the implementation of the school s instructional program. 3. Outcome measurement process The method by which student progress in meeting those student outcomes is to be measured. The school should describe what methods, in addition to the State-mandated assessments, it will use to measure student learning and discuss why these particular methods were selected. 4. Governance structure The governance structure of the school, including but not limited to the process to be followed by the school to ensure parent/guardian involvement. The District believes that the school's internal accountability structure and decision making process, if strong and clear, will make the school self-sustainable throughout the years. Therefore, it recommends that this area be given adequate and thoughtful consideration in the charter proposal. The governance structure should clearly define roles and relationships and describe responsibilities for decision-making, and it should be designed to support and enhance student learning and achievement. In addition, the proposal should include a roster of the school's governing board and of the not-for-profit public-benefit corporation members, if applicable. District requests to be notified in writing when a change in leadership occurs. Furthermore, in order to foster a collaborative relationship and to promote a meaningful articulation of ideas between charter and non-charter schools, a member of the staff of the local district in which the charter is located, will participate in the governing council of the charter school public benefit corporation as a non-voting, ex-officio member. 5. Employee qualifications The qualifications to be met by individuals to be employed by the school, including the credentials held by the teachers of the school. The petition should describe the desired qualifications for all employees and ensure that teachers hold a California Commission on Teacher Credentialing certificate, permit, or other document equivalent to what a teacher in other public schools would be required to hold. The school will keep such documents on file. With regard to non-core, non-college preparatory courses, the legislature permits flexibility in required credentials. 6. Health and safety of pupils The procedures that the school will follow to ensure the health and safety of students and staff. These procedures shall include the requirement that each school employee furnish 6

9 the school with a criminal record summary as described in Education Code The procedures shall also address safe housing and employee clearance for tuberculosis. In addition, the charter proposal shall include the address and description of the facilities to be used, if known. The school s facilities must be approved by the District and comply with Uniform Building Codes, federal American Disabilities Act (ADA) access requirements, and other applicable fire, health and structural safety requirements. The Certificate of Occupancy and other records will be kept on file by the charter school. (See section on Facilities in this document). In addition, the charter school shall develop an appropriate safety plan and inform the District of how food services will be provided prior to charter implementation. The Mantoux tuberculosis test is preferred by the District. 7. Racial and ethnic balance The means by which the school will achieve a racial and ethnic balance among its students that is reflective of the general population residing within the district s territorial jurisdiction. The proposal should describe what recruitment efforts and outreach programs the school will undertake prior to opening and in the following years of operation to encourage applications from potential students who reflect the racial and ethnic balance of the district. Examples of outreach include community presentations, advertisements, informational materials and methods of distribution. The school shall maintain an accurate accounting of the ethnic and racial balance of students enrolled in the school. It shall also keep on file documentation on the efforts the school made to achieve student racial and ethnic balance and the results it achieved, in accordance with the commitment made in the petition and the standards of charter legislation. The District understands that acquiring the desired racial and ethnic balance as described above can be problematic for many District schools because of the demographics of the city of Los Angeles. It can be especially problematic for existing District schools that want to convert to charter status. If these are overcrowded schools that do not reflect a racial and ethnic balance, they are further constrained by the implementation of student admission preference, which, according to Education Code 47605(d)(1), "shall be extended to students who reside within the former attendance area of the school." In addition, start up charter schools that wish to address the needs of specific student populations, may face insurmountable problems in trying to fulfill this requirement. Further action may be required with the collaboration of the District and the State to fulfill this requirement. 8. Admission requirements A charter school shall admit all pupils who wish to attend the school. The school shall describe admission procedures insuring that they are consistent with nondiscrimination statutes. A public random drawing shall be used when admission requests exceed the available space, as expressly described in Education Code 47605(d)(2). 7

10 Preference to children of developers may be given only if this constitutes a small percentage of the total school population. 9. Annual audit The manner in which annual, independent financial audits shall be conducted. These audits shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the Board. The Charter school must engage an independent public accountant, certified by the State of California, to audit the school's financial statements in accordance with generally accepted auditing standards and the audit guide issued by the Controller of the State of California. The independent public accountant and the charter school will prepare the necessary financial reports to be submitted to the District. In addition, financial statements audited by a Certified Public Accountant will be submitted to the District within four months following the close of the fiscal year. (See the section on Financial Matters in this document for additional information). 10. Student discipline The procedures by which students can be suspended or expelled and a description of any appeal process. The charter petition should include the rules and procedures that the school will follow for the suspension and expulsion of students. The school procedures should be consistent with state and federal law and specifically address 1) the grounds for suspension or expulsion, 2) the process to be followed by the charter school, 3) the rights of students insuring due process, 4) the appeals process in case of dispute. In the case of students with disabilities, charter schools must comply with discipline procedures as set forth in the Individuals with Disabilities Education Act (IDEA). 11. STRS The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System or federal social security. 12. Student attendance The public school attendance alternatives for students residing within the District who choose not to attend charter schools. 13. Return rights of employees A description of the rights of any District employee upon leaving District employment to work in a charter school, and any rights of return to the District after employment at a charter school. For employees who are on leave from the District to serve at a Charter School, the school must abide by the agreements with applicable certificated and classified bargaining unit representatives regarding such leave. Classified employees not represented by a 8

11 bargaining unit shall be subject to Personnel Commission rules pertaining to Charter School leaves. 14. Dispute resolution The procedures to be followed by the charter school and the board to resolve disputes relating to charter provisions. Any controversy, claim, or dispute arising out of or relating to the charter agreement shall be handled first through an informal process in accordance with the procedures set forth below. (1) Any controversy, claim, or dispute arising out of or relating to the charter agreement, or the breach thereof, must be submitted in writing ( Written Notification ). The Written Notification must identify the nature of the dispute. The Written Notification may be tendered by personal delivery, by facsimile, or by certified mail. The Written Notification shall be deemed received (a) if personally delivered, upon date of delivery to the address of the person to receive such notice if delivered by 5:00 p.m., or otherwise on the business day following personal delivery; (b) if by facsimile, upon electronic confirmation of receipt; or (c) if by mail, two (2) business days after deposit in the U.S. Mail. Written Notifications shall be addressed as follows: To Charter School: To Director of Charter Schools: Los Angeles Unified School District NAME Address NAME Address (2) A written response ( Written Response ) shall be tendered to the other party within twenty (20) business days from the date of receipt of the Written Notification. The parties agree to schedule a conference to discuss and resolve the controversy, claim, or dispute at issue ( Issue Conference ). The Issue Conference shall take place within fifteen (15) business days from the date the Written Response is received by the other party. The Written Response may be tendered by personal delivery, by facsimile, or by certified mail. The Written Response shall be deemed received (a) if personally delivered, upon date of delivery to the address of the person to receive such notice if delivered by 5:00 p.m., or otherwise on the business day following personal delivery; (b) if by facsimile, upon electronic confirmation of receipt; or (c) if by mail, two (2) business days after deposit in the U.S. Mail. (3) If the controversy, claim, or dispute cannot be resolved by mutual agreement at the Issue Conference, then either party may request that the matter be resolved by mediation. Each party shall bear its own costs and expenses associated with the mediation. The mediator s fees and the administrative fees of the mediation shall 9

12 be shared equally among the parties. Mediation proceedings shall commence within 120 days from the date of the Issue Conference. The parties shall mutually agree upon the selection of a mediator to resolve the controversy or claim at dispute. The mediator may be selected from the approved list of mediators prepared by the American Arbitration Association. Mediation proceedings must be administered in accordance with the mediation rules or guidelines of the American Arbitration Association. (4) If mediation is not successful, then the parties agree to settle the controversy, claim, or dispute by arbitration conducted by a single arbitrator in accordance with the rules or guidelines of the American Arbitration Association. The arbitrator must be an active member of the California State Bar or a retired judge of the state or federal judiciary of California. Any arbitration award rendered shall be final, binding, and legally enforceable upon all parties. Judgment of any arbitration award may be entered in any court having proper jurisdiction. Each party shall bear its own costs and expenses associated with the arbitration. The arbitrator s fees and the administrative fees of the arbitration shall be shared equally among the parties. (5) Any party who fails or refuses to submit to arbitration shall bear all costs and expenses incurred by such other party in compelling arbitration of any controversy, claim, or dispute. (6) Either party s failure to comply with the prescribed timelines set forth in Paragraphs One and Two of this Section shall result in the parties proceeding forward with mediation. Mediation proceedings shall commence within 160 days from the date the Written Notification was tendered. 15. Collective bargaining A declaration as to whether or not the charter school shall be deemed the exclusive public school employer for collective bargaining purposes. Information to Petitioners Clear and fair expectations are provided to petitioners throughout the charter development process. The Charter Office holds monthly Orientations for Potential Charter Developers to discuss general information and legal guidelines. Additional follow-up meetings are available for charter developers to discuss the details of developing their proposal. The important information and guidance shared at these meetings, as well as the opportunity to network with other charter developers, increase the capacity of potential charter developers. These meetings furthermore allow the opportunity to charter office staff to get to know the petitioners and informally assess their likelihood to succeed. The information includes the following: Overview of charter school legislation Content of the charter proposal as required by law Criteria and rubrics used by District as tools to evaluate the proposal Resources available for help within and outside the District 10

13 District goals and priorities for charter schools Inclusive ways to address the needs of special student populations, including gifted, English language learners (ELL) and disabled, while meeting Federal and SELPA requirements Budgetary requirements Facilities and process to obtain clearance for school opening Timeline Self-check methods and tools Charter Office and District staff members are available for consultation with charter petitioners throughout the charter development process. The staff in the Charter Office is committed to providing as much on-going support and information to developers as possible, in order to maximize the likelihood to succeed and the sustainability of the charter school over the years. Developers are also encouraged to utilize the many resources that are available to them outside the District. Charter Proposal Review Charter Advisory Committee Role. District staff representatives from various departments, who have expertise in specific areas, such as budget, special education, integration, human resources, instruction, staff relations, Title I, and legal issues are members of the Charter Advisory Committee. They review the near-final draft of the charter proposal, identify possible problem areas, and make recommendations to the petitioners, via Charter Office staff, to ensure that Federal and State legal mandates are met. The role of the Charter Advisory Committee is advisory and is not intended to limit in any way the innovations charter petitioners may propose. Charter Office staff function as facilitators and consultants to the petitioners to help them arrive at a final proposal, which reflects the educational quality and rigor the District would desire, and which could be recommended for Board approval. Representatives from Budget, Special Education, Integration, Legal Counsel and Charter Office staff form the Charter Review Committee, a core within the larger Advisory Committee. The Charter Review Committee is charged with making the final recommendation to the Board for approval or denial of the charter. Charter Office Role. The major role of the Charter Office is to promote and facilitate the accomplishment of the vision and mission of charter schools of the Los Angeles Unified School District. The Charter Office has the following roles and responsibilities: Provide clear and timely information and guidance to potential charter developers Facilitate the development of new and renewal charters Provide support and oversight to new and continuing charter schools Direct the work of the Charter Advisory Committee Establish and nurture the Community of Practice as a network for the purpose of learning and accountability Coordinate the gathering of data for accountability and research purposes Facilitate dissemination of best practices among and outside charters Facilitate the administration of State charter grants Seek out and cultivate charter schools of potential value to Los Angeles Unified School District 11

14 Design and propose long-term policy for charter schools Interact with the State of California and the general public on charter issues Timeline A clear and predictable timeline has been designed to assist developers with appropriate planning (See Appendix B). To make it easier to conceptualize, the charter development process has been divided into 3 phases. Phase 1 is the information-gathering phase. Developers are encouraged to attend one of the monthly Orientations for Potential Charter Developers sponsored by the Charter Office to begin their research and planning work. Phase 2 is the stage in which the total school design is conceptualized, school teams identified, and a draft of the petition is formulated. At this stage, it is recommended that charter developers attend another meeting sponsored by the Charter Office, to discuss further details and ideas before they complete a near-final draft. The near-final draft of the proposal, comprehensively written, well articulated and thoroughly edited, should be submitted to the Charter Office for Charter Advisory Committee feedback. This process is intended to assist petitioners in meeting State and Federal requirements, determining the fiscal impact on the District, if any, and assessing District resources that may be available to the charter. Charter Advisory Committee members review the near-final draft of the proposal and submit comments to Charter Office staff within 3 weeks, or within 4 weeks if more than two proposals are submitted to the Committee at one time. Charter Office staff forwards the Committee s comments to the developers for their consideration. Changes are negotiated and the proposal is revised as needed. Developers prepare a final proposal for submission to the Board of Education. Phase 3 begins with the submission of the final proposal. The Charter Review Committee reviews the final petition and makes recommendations to the Board for approval, approval with conditions, or denial. A Public Hearing is scheduled within 30 days from the submission of the final proposal, to allow the Board to assess support for the charter. The Board takes action to approve or deny the charter within 60 days from the submission of the final proposal. The Board of Education retains final authority to act within or outside District staff recommendations. In the event District staff recommendations are to deny the charter, the petitioners may withdraw their charter before it goes to Board and resubmit a revised version of the proposal at a later date. If the Board denies a charter, petitioners may exercise their right to appeal by submitting their petition to either the Los Angeles County of Education or the State Board of Education, in accordance with Education Code A large volume of charter proposals is presented to the Los Angeles Unified School District Charter Office on a regular basis. Therefore, it is recommended that final charter petitions that have already been reviewed by and revised in response to input from District staff, be submitted no later than March 31 for a September school opening. Developing a charter school that will be successful requires time and effort. Past practices indicate that charter developers should allow at least a full year to do all research and planning necessary to start up a charter school. Developers should plan to have a near-final draft of a petition ready by November 1 for a school opening in the following year. Every effort is made to align District charter process timelines to State grant 12

15 award cycles. Charter petitioners are encouraged to submit final drafts with enough lead-time to allow the process to take place. Amendments to the Charter Expansion of the charter school beyond the initial configuration described in the petition, either by adding grade levels, increasing enrollment or adding new sites must be formally approved by the Board of Education prior to implementation. An amendment to the charter is presented to the Board for approval. In addition, the Charter School that wishes to use a calendar which differs significantly from any of the District's calendars or that later wants to change the calendar, must obtain District approval. District Priorities for Charters The Los Angeles Unified School District seeks to grant charters to schools and to developers that demonstrate the capacity to fulfill the vision and mission for charter schools as described in this document. The District further recognizes that charter schools can help alleviate some of the problems it incurs that are typical of large urban districts, such as the shortage of available seats. Therefore, priority will be given to the following: 1. Secondary schools, which represent the largest area of need in the District. 2. Schools from the areas that are most heavily impacted by lack of seat space, i.e., where the most students are transported through the Capacity Adjustment Program (CAP). 3. Schools intended for students from traditionally low achieving areas, such as those with an API score of Schools that propose innovative solutions or that have creative and viable designs to solve persisting educational problems. 5. Schools that already have a suitable, District-approved facility or that demonstrate the technical and financial resources to obtain one. 6. Schools that have start up funds necessary to implement their proposal, or that have access to such funds through previously awarded State grants, recognized foundations or public benefit corporations. A minimum recommended figure to help with initial expenses and cash flow is $200,000. The goal of the Los Angeles Unified School District is to establish from 15 to 20 charter schools per year in order to accommodate from 20,000 to 40,000 students in the next five years, provided that this number does not exceed the maximum number permitted in the State of California. ACCOUNTABILITY Accountability is a fundamental concept in charter school legislation, which is designed to permit charter schools to create the educational program they desire with the understanding that they will be held to a high level of responsibility for student achievement. 13

16 Accountability is a complex concept because it takes multiple forms and can include both internal and external, as well as formal and informal measures. On the one hand, the charter school is accountable for living up to the vision, mission and goals identified in its proposal, and to the methods and overall design it proposes in order to achieve its ultimate goal of increasing student achievement. Thus, the charter proposal itself represents the school s internal accountability. It is a performance contract, a blueprint for action. On the other hand, the charter school is included in the California Public Schools Accountability Act and therefore it is accountable to the State and to the District as the sponsoring agent with oversight responsibility, as well as to the general public. Accountability measures should, therefore, be clearly outlined in the charter proposal, should be consistent with the stated vision and mission of the school, and should address legal and statutory requirements. Important internal accountability systems include the following, which should be part of the charter proposal: Clear goals and expectations. The school has clear and measurable learning goals and a curriculum and instructional program that are designed to help students reach the goals. Multiple student assessments. The school uses, not only State-required standardized tests, but also ways to continuously monitor student performance individually and in groups. For example, the school may create ways to examine student work in collaboration with colleagues as part of teacher reflective practice; it may use vertical K-5 teams; use midpoint evaluations, and regular review of practices and achievements. Assessment as part of the total system. The school uses student assessment as part of the total system to improve instruction, design professional development, and refine school operations and make decisions. Management practices. The school defines the roles and responsibilities for the governance of the school and the process of decision making to support and enhance student learning and achievement. Financial practices. The school s financial practices promote the financial sustainability of the school over the years. External measures of accountability, most of which are required by the District, include the following: Results of standardized achievement tests. Charter Schools are included in the Public Schools Accountability Act of 1999 and SB1X. Therefore, in addition to internal student progress monitoring and assessments that are consistent with the charter vision and mission, students in the Charter School are required to participate in the State Testing and Reporting System (STAR) and API, and demonstrate growth. A minimum of an annual 5 percent point increase is required. For schools with an API of 1, a higher growth of at least 10 percent points is expected. The District expects that all students in charter schools, including subgroup populations, meet their targeted growth and demonstrate increased learning, in keeping with District s mission of reducing the achievement gap for low-income students. Failure to meet growth targets for three of the four years prior to renewal may result in non-renewal of the charter. 14

17 External evaluation prior to 5-year renewal. The charter school is required to participate in a District-sponsored external evaluation during the spring of the fourth year of operation. This evaluation is comprehensive and encompasses information from multiple sources, such as, statistical analyses of student test scores and disaggregated data, staff interviews, surveys, school observations, evidence of gains in academic achievements overall and for each subgroup population. The results of this evaluation carry considerable weight on the Los Angeles Unified School District Board of Education decision on whether or not to renew a charter. Annual independent fiscal audit. The charter school is required to participate in an annual independent fiscal audit, which employs generally accepted accounting principles, to demonstrate on-going financial stability. (See Financial Matters in this document). Systematic data collection. The Charter Office and the Program Evaluation and Research Branch in the Los Angeles Unified School District have developed a collaboration to collect, maintain and analyze data from charter schools in a systematic way from year to year, in order to learn from the charter school experience. Three components, 1) charter renewal evaluation, 2) identification of best practices, and 3) continual data monitoring, will respond to short-term and long-term information needs of the District. Longitudinal, matched-data measuring student progress over time will be used to identify effective and promising practices from which others may learn. An in-depth study of 10 charter schools that represent charter schools throughout the district is planned. Three dimensions: 1) student performance; 2) school organization and governance; 3) instructional leadership, classroom practice, and professional development, will be used as a framework to identify best practices from which all District schools can learn. Student Enrollment and Application Pool. Student enrollment and application pool, and number of students on waiting lists, are strong indicators of the general public s interest in the charter school. They are a powerful measure of the ultimate accountability of charters in a market economy. Charter-Generated Voluntary Annual Report. Charter schools may voluntarily generate a locally - designed annual report, such as a type of Accountability Report Card to report information to the general public, such as school wide successes, student growth, challenges and goals. In addition to the internal and external accountability measures described above, there are informal processes that can be equally as powerful in promoting a high level of accountability among the various stakeholders and in holding a school accountable for results. Although more difficult to measure by usual instruments, it is important to acknowledge their impact. Operating from the assumption that professional educators, and human beings in general, tend to feel strongly accountable to their peers for their performance to a greater degree than they do only to external measures, the Los Angeles Unified School District promotes the development of Community of Practice networks. These networks are intended as vehicles to: Provide a peer-support mechanism to existing and newly established charters Exchange research-based, proven or innovative ideas that improve practice Disseminate best practices to the wider educational community Promote the sustainability of the charter school over the years 15

18 It is assumed that in the process of sharing innovative practices with one another and revealing weaknesses and needs within a safe context, charter schools can demonstrate their accomplishments and successes as well as offer support and growth opportunity to one another. Through communication and interaction with one another they can help clarify issues, learn about resources for improvement, and become further inspired by their colleagues to do their best work. Dissemination thus becomes another tool for accountability. Charter Renewal A charter is granted for a five-year period, in accordance with State law. The Charter may be renewed for one or more renewal periods, not to exceed five years at a time. Renewal is subject to Charter School legislation in effect at the time. Proposals for charter renewal are due to the Charter Office by January 31 of the year the charter is due to expire. District-sponsored evaluations of charter schools that are up for a five-year renewal begin in the spring of the fourth-year of the charter, and are completed by October of the same year. This allows the charter school the opportunity to review the findings and incorporate them in the development of the renewal proposal. The evaluation is based on three sources of data: observation, interviews and examination of archival records. The school s data are compared to its charter, looking at evidence of the charter's meeting expectations for improving teaching and learning. The process of renewal is similar to that followed by a new charter petitioner, with additional consideration given to the school s record of success during the first five years as a charter. The process may be fast-tracked for schools demonstrating exceptional success. Specifically, the charter school must at a minimum demonstrate how it: 1) Met the goals and objectives described in its charter document. 2) Improved pupil learning and achievement. In addition, the charter school should address how it helped the Los Angeles Unified School District achieve the legislative intent of charter law, that is: Increased learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving. Used different and innovative teaching methods. Created new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site. (See Education Code 47601) Accountability for increased student learning plays a considerable role on whether or not a charter is renewed. The charter is expected to meet API target growth overall and for each student population, and provide evidence of reducing the achievement gap between minority and white students, if applicable. Failure to meet growth targets for three of the four years prior to renewal may result in non-renewal of the charter. (See section on Accountability in this document) If the Charter is not renewed or is terminated, any unencumbered funds from the Charter School shall revert to the District. If the school is dissolved or otherwise terminated, the school must immediately release, in good order, all student academic and attendance records as well as applicable financial data. 16

19 Charter Revocation The charter may be revoked by the Los Angeles Unified School District Board of Education based on material breach of the terms of its charter or any provision set forth by the Board of Education or provisions set forth in Education Code Section 47607(b). Any changes to the provisions of the charter must be approved by the Board of Education. Specifically, the Los Angeles Unified School District may revoke a charter if the school: Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. Failed to meet or pursue any of the pupil outcomes identified in the charter. Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. Violated any provisions of law. Prior to revoking a charter, and after conducting appropriate investigations, the Los Angeles Unified School District will notify the school in writing of the specific violation and give the school a reasonable opportunity to cure the violation. In the case of disputes, the Los Angeles Unified School District will follow the process for dispute resolution, which is described in the charter. The Board retains the right to revoke a charter immediately if the school is engaging in activities that constitute a severe and imminent threat to the health or safety of the students. (See Education Code 47607) Immediate Intervention/Underperforming Schools Program (II/USP) and the High Priority Schools Grant Program (HPSGP). Charter schools are eligible to volunteer to participate in the II/USP and in the HPSGP. If they choose to participate, they must comply with all program requirements. However, consistent with Education Code Section 47610, charter schools are exempt from the vast majority of laws governing school districts. Therefore, they are not required to hold a public hearing to discuss whether or not to apply. If they choose not to apply, they are not required to discuss their reasons and rationale for not accepting the invitation to participate. If a charter school fails to meet or exceed pupil outcomes identified in the charter, the District may recommend that it participate in the II/USP or the HPSGP as a corrective action and prevent revocation of the charter. This "cure" is intended to support the charter school in developing and implementing necessary reforms. FACILITIES Given the scarcity of adequate facilities available for schools in general, securing a facility for the potential charter school in the Los Angeles Unified School District is one of the most difficult issues facing charter school developers today. The District also understands that having a Board-approved charter can facilitate the negotiation process for the acquisition of a facility, as well as increase the availability of funding sources for charter school developers. Therefore, while petitioners are encouraged to identify a potential site early in the charter development process, in order to occupy it immediately following charter approval, they will also not be penalized for not having a facility upon application for charter approval. 17

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