Agenda Item: B-17 Decision Regarding Kepler Neighborhood School Charter Renewal Petition May 9, 2018
2 Kepler Neighborhood School Kepler opened in 2013. The mission of Kepler is to inspire joy and purpose in learning to develop well-educated, ethical, caring, effective, and innovative members of the community. Kepler serves students in grades TK-8. Kepler is located in downtown Fresno. Kepler opened to serve downtown schools. Kepler seeks a five-year renewal of its charter.
3 Kepler Neighborhood School Enrollment of students*: 43% Hispanic 41% White 5% African American 3% Asian/Pacific Islander 8% Two or More Races or Not Reported Kepler has: 1% English Language Learners; 12% Students with Special Education Needs; and 54% Students receiving Free/Reduced Lunch. *This data is from the CDE website.
4 Role of Authorizing District The District s role with respect to each non-profit corporation charter school under its authority is limited to the following: Identifying at least one staff member as a contact person for the charter school. Visiting each charter school at least annually. Ensuring each charter school complies with all required reports by law. Monitoring the fiscal condition of each charter school. Providing timely notification when: (a) a renewal of the charter is granted or denied; (b) the charter is revoked; or (c) the charter school will cease operation for any reason. (Education Code sections 47604 and 47604.32)
5 Charter School Renewal Process Requirements for Charter School Renewal are set forth in Education Code section 47607. The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to grant a charter renewal. [Education Code section 47607(a)(3)(A)] Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. [Education Code section 47607(a)(2)] The District has a two step process for Charter School Renewal: Phase I Site visit to review the status of the charter school s operations over the last five years. Educational Program Implementation Measurable Pupil Outcomes Financial Viability Phase II Review of the Renewal Petition to ensure the petition represents a sound educational program, demonstrates the likelihood of successful implementation, shows fiscal soundness, includes an affirmation of nondiscrimination, and provides reasonably comprehensive descriptions of all of the required charter petition elements. Report of Factual Findings
6 Education Code Requirements Education Code section 47605(b) states in relevant part: The governing board of the 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 an affirmation of each of the conditions described in subdivision (d). The petition does not contain reasonably comprehensive descriptions of all of the required 15 petition elements.
7 District Assessment of Kepler Petition Area of Evaluation per Education Code The charter school presents a sound educational program for the pupils to be enrolled in the charter school. The petitioners are demonstrably likely to successfully implement the program set forth in the petition. The petition contains reasonably comprehensive descriptions of all of the required 15 petition elements. The petition contains an affirmation of each of the conditions described in subdivision (d). Determination Does not meet Does not meet Does not meet Meets
8 Required Petition Elements In addition to academic performance, the renewal petition must contain reasonably comprehensive descriptions of all of the required 15 petition elements. Kepler s petition fails in the following critical areas: Element A Educational Program and Achievement of Goals Element B Measurable Pupil Outcomes Element C Method to Assess Pupil Progress Towards Outcomes Element D Governance Structure Element G Means to Achieve Racial and Ethnic Balance
9 Additional District Concerns Areas of Concerns Student Outcomes Grade Level Instruction Curriculum and Professional Development School Leadership Governance Determination Kepler, California Charter Schools Association and District similar and neighboring school assessments ALL confirm academic failure of Kepler. Lack of grade level instruction observed during numerous site visits by Fresno Unified staff and Board Trustees. Lack of training in the use of purchased grade level curriculum and standards. Kepler has failed to demonstrate the ability to secure full-time instructional leadership. Kepler s current 6 member Board includes vacancies yet Kepler plans to expand to an 11 member Board.
10 2017-18 Kepler & Comparison School Enrollment by Subgroup 100% 90% 80% English Learners Foster Youth Homeless SWD Socioeconomically Disadvantaged 70% 60% 50% 40% 30% 20% 10% 0% Kepler Lowell Jefferson Forkner English Learners 1% 37% 37% 4% Foster Youth 0% 2% 1% 0% Homeless 2% 9% 4% 1% SWD 12% 8% 9% 9% Socioeconomically Disadvantaged 54% 97% 98% 55% Data Source: California Department of Education, DataQuest
11 California Assessment of Student Performance and Progress (CAASPP) Comparative 2017 ELA CAASPP Performance Meeting/Exceeding 2017 Math CAASPP Performance Meeting/Exceeding 100.00% 100.00% 90.00% 90.00% 80.00% 70.00% 67.76% 80.00% 70.00% 60.00% 60.00% 57.00% 50.00% 50.00% 40.00% 30.00% 20.00% 29.60% 37.04% 37.30% 33.64% 40.00% 30.00% 20.00% 17.91% 36.07% 28.57% 24.14% 10.00% 10.00% 0.00% Kepler Lowell Jefferson Forkner Fresno Unified 0.00% Kepler Lowell Jefferson Forkner Fresno Unified Data Source: California Department of Education, Smarter Balanced Assessments
12 Education Code sections 47605 and 47607 Education Code section 47605(b): The Board shall not deny unless: 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 an affirmation of each of the conditions described in subdivision (d). The petition does not contain reasonably comprehensive descriptions of all of the required 15 petition elements. Education Code section 47607: Increases in pupil academic achievement is the most important factor. The petition must meet the standards and criteria of Education Code section 47605. The school must perform at least equal to the academic performance of the public schools that the charter school pupils would otherwise have been required to attend, as well as the academic performance of the schools in the school district in which the charter school is located, taking into account the composition of the pupil population that is served at the charter school.
13 Kepler s Renewal Petition Does not Comport with the Education Code As discussed, Kepler fails in several areas of Education Code section 47605: It presents an unsound education program Not demonstrably likely to successfully implement the petition Fails to comprehensively describe elements A-D and G of the petition. Additionally, Kepler s academic performance is far from being at least equal to comparative schools as required by Education Code section 47607.
14 Recommendation It is the recommendation of the District, based on its thorough analysis of the charter school s performance, for the Board to: Adopt the District Charter School Review Team s Report of Factual Findings and Deny the charter renewal petition of Kepler Neighborhood School.
15 Next Steps Closure Procedures Student Supports Kepler will complete the current school year and then follow the petition s closure procedures in accordance with Education Code section 47605(b)(5)(O): The District will immediately hold parent meetings to provide Kepler families with options for 2018-2019 student placement, such as: The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. Neighborhood schools. Other charter schools. District students will be provided with: Preference into summer school programs, if applicable. Small group meetings with new school. After school program priority. After school tutoring library program. Social/emotional supports.