Agenda Item: B-10 Proposed Aspen Public School Charter January 6, 2016
2 Aspen Public School Valley Preparatory Academy, Inc., which operates as a California nonprofit public benefit corporation, seeks to replicate Valley Preparatory Academy charter school The replicated charter school will be named Aspen Public School charter school ( Aspen ). Shelly Lether, current Executive Director of Valley Preparatory Academy, is the lead founder of Aspen. Aspen has submitted a Charter Petition to the District s Governing Board for approval.
3 Purpose of Charter Schools The Charter Schools Act was enacted as a method to accomplish the following: 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; Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system; Hold the schools established under this part accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rule-based to performance-based accountability systems; and Provide vigorous competition within the public school system to stimulate continual improvements in all public schools.
4 Petition Requirements A Petition to operate a charter school must: Identify a single charter school that will operate within the geographic boundaries of the District. Be signed by either: A number of parents/legal guardians equivalent to at least one-half the number of pupils the charter school will enroll in its first year who state they are meaningfully interested in having his or her child or ward attend the charter school; or A number of teachers that is equivalent to at least one-half of the number of teachers the charter school estimates will be employed its first year who state they are meaningfully interested in teaching at the charter school. Present a sound educational program for the pupils to be enrolled. Show that the Petitioners are demonstrably likely to successfully implement the program set forth in the Petition. Contain a declaration whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school.
5 Petition Requirements A Petition to operate a charter school must: Contain an affirmation of each of the following conditions: Shall be nonsectarian in its programs, admission policies, employment practices, and all other operations; Shall not charge tuition; Shall not discriminate against a pupil on the basis of the characteristics listed in section 220 of the Education Code; Admission shall not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within this state; Shall admit all pupils who wish to attend the school; If the number of pupils who wish to attend the charter school exceeds the school s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing; and If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, shall notify the superintendent of the school district of the pupil s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information.
6 Petition Requirements A Petition to operate a charter school must: Contain reasonably comprehensive descriptions of all of the following: A description of the educational program of the school, what it means to be an educated person in the 21st century, and how learning best occurs; The measurable pupil outcomes identified for use by the charter school; The method by which pupil progress in meeting those pupil outcomes is to be measured; The governance structure of the school; The qualifications to be met by individuals to be employed by the school; The procedures that the school will follow to ensure the health and safety of pupils and staff; The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population within the school district; Admission requirements;
7 Petition Requirements A Petition to operate a charter school must: Contain reasonably comprehensive descriptions of all of the following (cont d): The manner in which annual, independent financial audits shall be conducted; The procedures by which pupils can be suspended or expelled; 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; The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools; The rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school; The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter; and The procedures to be used if the charter school closes.
8 Governing Board s Role Hold a public hearing on the provisions of the Petition. During the public hearing, the Governing Board must consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the Petition and the public hearing, the Governing Board of the school district must either grant or deny the charter. In reviewing the Petition, the Governing Board must be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged.
9 Governing Law In accordance with the provisions of Education Code section 47605(b), the governing board of a school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings: The charter school presents an unsound educational program for the pupils to be enrolled in the charter school; The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition; The petition does not contain the number of signatures required by subdivision (a); The petition does not contain an affirmation of each of the conditions described in subdivision (d); or The petition does not contain reasonably comprehensive descriptions of all of the required 16 elements.
10 Aspen Program Overview Aspen intends to offer a seated program with 135 students in grades TK-2, expanding each year to serve 331 in grades K-8. Its mission is to transform the community by developing exceptional leaders. The target population is students residing in economically depressed areas primarily within the Fresno metropolitan area. The proposed location is 2811 Mariposa Avenue, in downtown Fresno.
11 Aspen s Governing Board John Grice Board President Principal at John Grice Consulting Stephen Paul Treasurer Sales Manager at Homegrown Organic Farms Carrie Zulewski Secretary, Fundraising Consultant at Z Fundraising Advisors MaryJane Fitzpatrick Recreation Division Manager City of Fresno (retired)
12 Educational Program Highlights Aspen s educational program focuses on personalized, differentiated instruction, integrating content area learning into real-life context; and using scaffolding and a constructivist, experiential approach. Program highlights include: Focus on academics and psycho-social developmental needs of students; Project-based learning; Emphasis on leadership education; Teaching of character education, The Leader in Me; and Extended instructional day.
13 Aspen Petition Review The District staff has determined that: The Aspen Petition presents a sound educational program; The Petitioners are demonstrably likely to successfully implement the program set forth in the Petition provided it receives additional information relating to the; and The Petition contains the required number of teacher signatures. The Petition does not contain reasonably comprehensive descriptions of two required elements.
14 Recommended Revisions The Petition does not contain reasonably comprehensive descriptions of the following required elements, unless these recommended changes are made: 1. To the Admissions section of the Petition: Should a public random drawing become necessary, Aspen Public School shall conduct a disparate impact analysis to ensure that its lottery procedures and preferences do not result in a disparate impact relating to any of the following protected characteristics: actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code or association with an individual who has any of the aforementioned characteristics. 2. To the Dispute Resolution section of the Petition: This section of the Petition needs to be revised to include permissive language, such as: Any formal dispute resolution procedures entered into between the District and the Charter School may be conducted...
15 Memorandum of Understanding The District will present an MOU to Aspen that will include the following: Deadline for reaching minimal student enrollment (August 1, 2016); Timeframe for obtaining a facility (Spring 2016); When Aspen must have its site leader in place (Spring 2016); Timeframe for Aspen to have its curriculum identified, designed, and developed (Spring 2016); and Time limits for other tasks requested by the Charter Office indicating that the school will be ready to open in Fall 2016. The District will perform ongoing fiscal monitoring of Aspen s finances.
16 Changes Since Petition Received The Budget has been revised several times and now includes the following in start-up grant funds: Federal Grant of $620,000 (conditions unknown) Walton Grant of $250,000 (conditions unknown) District Staff and legal counsel have not evaluated conditions, if any, to ensure charter petition, as presented, will meet the conditions. While the founder, Shelly Lether, at the public hearing, indicated there may be commingling of funds between Valley Prep (possibly utilizing reserve funds from Valley Prep for Aspen), the nonprofit corporation has now indicated there will be no commingling of funds between Aspen and Valley Prep.
17 Changes Continued Budget variances and responses to District question were received yesterday evening and the District Staff and legal counsel have not had time to fully review those items. Without knowing the conditions of the grants, if any, it is important there is no commingling of funds designated for each school, especially given the recent $500,000 loan the nonprofit corporation secured for Valley Prep Charter School. The District Staff and legal counsel have not fully vetted this issue.
18 Changes Continued Several sections in the Petition were revised at the Charter Review Team s request. However, there are still additional revisions to the Petition that must be made. A location has been tentatively identified. The District Staff recently learned Valley Prep obtained a $500,000 loan. This was new information. The District Staff recently learned of a related LLC that has the same board as the nonprofit corporation that will manage Valley Prep and Aspen.
19 Charter Review Team Concerns Aspen s projection of pupils relating to the location and the target population may be difficult to meet. The addition of two whole grades during the proposed five year term appears difficult to meet. Community support for Aspen at the hearing was weak at best. Not one proposed parent, foster parent, or student spoke to the Governing Board about the need or desire for the school. Aspen s finances need to be further evaluated and closely monitored.
20 Charter Review Team Concerns, Cont d This is the first time the District will be authorizing a nonprofit corporation to operate more than one charter school. And, as such, the District wants to ensure issues relating to funding and commingling are fully addressed. At this time, District Staff and legal counsel have some remaining questions. With a one year approval, this will provide time to address any concerns prior to renewal. Upon renewal, the charter term will be a five year term.
21 Recommendation Based on the foregoing and the thorough review by the Charter Review Team, District staff recommends the following: The Aspen Petition be granted a one year approval subject to revisions recommended by the Charter Office, because it presents a sound educational program, the Petitioners are demonstrably likely to successfully implement the program provided the District receives additional information relating to the grants, it has the required signatures of teachers, and the Petition contains reasonably comprehensive descriptions of the required elements provided amendments are made as outlined by the District.