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EXECUTIVE SUMMARY

Our children and parents deserve the best education possible in a system that promotes opportunity and choice. This charter is intended to provide an alternative for children where accountability, flexibility, innovation, parent choice, parent-teacher involvement, and public-private partnerships can work together to provide a better future for our children.

VISION

Albert Einstein Academy Charter School (AEACS) will be committed to the highest standards. High expectations for student will be reinforced by parents, administrators, faculty, staff, and supported by community and business community members. Every student will be given opportunities to develop leadership skills, good citizenship, a strong work ethic, and a core value system. Parents will be committed to participation in academic commitment of their children. Outstanding teachers will be committed to high achievement expectations through a powerful combination of collaboration, continuous staff development, rigorous accountability, and individual attention to student needs.

Albert Einstein Academy Charter School will offer an international education as provided by the most prestigious private schools for children of diplomats and multinational corporate executives. The difference will be that this AEACS education will be available to ALL students.

Albert Einstein Academy Charter School will base its curriculum on the International Baccalaureate Program seeking to merge the rigorous standards of the European education system with the new standards of the California system.

The teaching philosophy at the AEACS is best reflected by the motto: “to provide each student with Roots and Wings”:

 Roots: instilling in each child pride in his/her individual heritage, culture, country, traditions and values.  Wings: teaching each child to develop and use the skills of creativity, innovation, aspiration, exploration, open mindedness, tolerance, excitement for learning, for discovering new things, for utilizing technology, for thinking without barriers and thinking “out of the box”.

MISSION

To invest in children as our future is the goal of this school--providing students with a small, internationally oriented, language and culturally rich, academically rigorous, and accountable educational environment. In this environment parents will work side-by-side their children as guided and supported by the school staff and community. The school will be dedicated to developing an appreciation of service to community and provide the motivation necessary to develop life-long learning skills.

1 GENERAL DESCRIPTION

In September 2002, a new charter school, the Albert Einstein Academy Charter School, will open. The school will serve approximately 80 students in Kindergarten through 3rd grade in it first year. The AEACS will add new students and grades until it reaches a K-5 program. The charter will be amended as instruction is offered beyond Grade 5 and through Grade 8. The five-year projection is for 240 students in K-7 K-8 by the 2006-2007 school year.

DESCRIPTION OF THE COMMUNITY AND SCHOOL LOCATION

The Albert Einstein Academy Charter School will respond to community needs by offering a school program Monday through Friday from 8:00 AM to 2:00 PM.to3: 10 PM. There will be 181 instructional days in the calendar year. Afternoon programs of day care, tutoring, athletics, and fine arts will be offered to students on a volunteer basis. The school will be located within the San Diego Unified School District.

ELEMENT ONE: 47605 (b) (1)

“A description of the educational program of the school, designed among other things, to identify those whom the school is attempting to educate, what it means to be an ‘educated person’ in the 21st century, and how that learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and life-long learners.”

1a Whom will the Albert Einstein Academy Charter School Educate

The Albert Einstein Academy Charter School will educate all students who apply. San Diego County schools are home to 488,377 students who speak 57 languages. In many districts of San Diego County, formerly considered “minority” groups now outnumber the Anglo, English speaking population. It can no longer be taken for granted that the largest number of students entering the county have English as their primary language as almost a fourth (109,260) of the students qualify as English Language Learners (ELL). While there are various programs in effect to assist ELL students to support native language and English acquisition, many fall short in academic rigor. Albert Einstein Academy Charter School seeks to make an academically rigorous program of instruction available to all students.

Albert Einstein Academy Charter School will be an international school and open to ALL students, irrespective of gender, ethnicity, national origin, culture, etc., who seek an international education based on the International Baccalaureate Primary Years Program, in a multi-cultural, multi-lingual setting.

The Albert Einstein Academy will be open to students who wish to strengthen their English skills using the school German language program, and as such will be open to students of all language backgrounds.

2 1b Description of the Educational Program

Albert Einstein Academy will provide a curriculum that addresses the needs of the community, an emphasis on literacy education, skills programs to enhance the learning of students who have fallen behind in the traditional public school system, and reliance on standards-based curriculums which are measurable and accountable.

The charter school’s academic focus will be a strong research-based basic skills program emphasizing language arts (especially phonics for reading in the kindergarten and first grade curriculum), computation and mathematical reasoning, a rigorous science and history/social studies program, and an emphasis on technology. Reduced class sizes and extended day opportunities will reinforce the implementation of instruction. The following research-based methods of instruction will be employed:

 Accommodating individual learning styles through multiple intelligence training.  Providing direct instruction  Utilizing small group work, learning centers, and cooperative learning  Individualized tutorial sessions  Thematic instruction  Guest speakers to talk on a variety of topics that may include career4 options, self-esteem building, peer relationships, citizenship, social skills, good manners, and playground etiquette.  Educational field trips  Enrichment programs  SDAIE instructional methods

California is a state where the majority population will soon be non-Anglo. Many of the children of this population come to schools seeking assistance in strengthening their native language as well as acquiring strong English language skills. The research overwhelmingly supports the supposition that strength in a child’s native language supports growth in English language acquisition (Krashen, l996; Hukuta, l985; Cummins & Swain, 1986). In communities that encourage dual language acquisition, and in programs that support bilingualism, knowing two languages is positively associated with intellectual and academic achievement.

Albert Einstein Academy will offer a site-based educational program in the San Diego Unified School District. The school districts in the southern part of San Diego County contain the largest percentages of Hispanic students, with some African American, Asian, and a minority of Anglo students. The San Diego Unified School District is primarily composed of middle and lower socioeconomic minority students. As such, the dual immersion emphasis of the Albert Einstein Academy will reach out to minority English-speakers with dual language instructional methods and methodology. The school will also attempt to draw representative students from a variety of neighborhoods throughout San Diego County. Albert Einstein Academy will offer a site-based dual-language Instruction program and begin implementing the International Baccalaureate (IB) Program.

Albert Einstein Academy Charter School will provide a curriculum that is based on the International Baccalaureate Primary Years Program (IBPYP), with the goal of becoming IB certified after two years of implementation following an IB structured program.

The IBPYP identifies six subject areas: languages; social studies; mathematics; science, and technology; the arts; personal, social, and physical education.

3 The subjects are taught as interdisciplinary entities. To achieve this the IBPYP has six organizing themes that assist teachers and students explore knowledge in the broadest sense of the word. These themes are: Who are we; Where are we in place and time; How we express ourselves; How the world works; How we organize ourselves; and Sharing the planet.

.and employing the Multiple Intelligence system. This curriculum will emphasize the IB program in a dual-immersion setting in the primary grades. In subsequent academic years, as student enrollment grows, the remainder of the International Baccalaureate Program will be introduced. Multiple Intelligence educational methodology at Albert Einstein Academy will follow and build on the research of Howard Gardner on Multiple Intelligences. A well-rounded curriculum of core subjects will be complemented with experiential learning in all sensory modalities. Learning will take place in a variety of sensory modalities based on many choices given to students. In 1981, Dr. Howard Gardner received a Macarthur Prize Fellowship to support "Project Zero" at Harvard University. Gardner observed that there are at least seven intelligences, each intelligence having an autonomous intellectual capacity. Subsequently, Gardner wrote about his observations of multiple intelligences in a seminal book, Frames of Mind, which was published in 1983. The Theory of Multiple Intelligences, which Gardner proposed in this book, has become a catalyst, as well as the framework, for many current educational strategies proving successful in enhanced student learning. The theory advances a mental paradigm in which each individual's mind can be thought of as a delicious pie, with seven large pre-cut slices, each with its own distinct taste. In other words, Gardner proposed at least seven relatively autonomous intellectual capacities that individuals employ to approach problems and create products:

 linguistic,  musical,  logical-mathematical,  spatial,  bodily-kinesthetic,  interpersonal, and  intrapersonal intelligences. Gardner states: "although they are not necessarily dependent on each other, these intelligences seldom operate in isolation. Every normal individual possesses varying degrees of each of these intelligences, but the ways in which intelligences combine and blend are as varied as the faces and the personalities of individuals." A well-rounded curriculum provides instruction that furthers and interlinks all of these areas. It allows for the growth and maturation of well-rounded, well-educated students who will excel in his or her special area of expertise and talent.

The International Baccalaureate was established in 1968 as a means to bring together the best of different education systems worldwide and create a diploma that is universally accepted as an entrance level acceptable to universities around the world. The International Baccalaureate program is designed to be implemented over a two-year period of time. During this time teachers will go through specific training provided by the International Baccalaureate Organization designed to give teachers expertise in the methodology of the baccalaureate program.

The International Baccalaureate Program provides an excellent framework that allows the incorporation of existing California Standards and Frameworks and will follow the same scope and sequence. The Primary Years Programme (PYP), for students aged 3 to 12, focuses on the development of the whole child, in the classroom but also in the world outside, through other environments where children learn. It offers a framework that meets children’s several needs: academic, social, physical, emotional 4 and cultural. The Primary Years Programme provides an international curriculum model, teaching methodology, and assessment strategies. The combined program will exceed grade level expectations. This will open avenues for international university education for students at the school.

To create a unique multicultural learning environment and to foster global awareness and understanding, we stress the introduction of foreign language through dual immersion at a very early age. Since it is an inherent desire of every young child to communicate, language introduction and acquisition becomes an unconscious and enjoyable effort for students with daily instruction in a nurturing environment. The benefits of a multi-lingual education with regards to thinking skills, cultural diversity, and global understanding have been clearly delineated and established by research (Singleton, 1998; Harley, 1986, Long, 1990; Hakuta, 1998).

At Albert Einstein Academy, a team approach will be utilized where students whose primary language is English are teamed with students whose primary language is other than English. Each student thus becomes a teacher and a learner. Half of all instruction will be given in English, the other half in the foreign language of German. This will enable all students to follow the instruction, while gaining confidence in a new language. This approach will neither overwhelm the student who is new to the foreign language, nor exasperate the speaker of the foreign language. As previously mentioned, this approach is designed to strengthen the English skills through German language acquisition. In this process, this international school will attract a broad base of language learners.

A team of two teachers (one German/English and one English/Spanish bilingual) will work together as a teaching team. They will jointly plan the weekly instruction and share and implement teaching concepts based on the IBPYP methodology. The German language instruction and the English language instruction will rotate daily.

This model has been successfully used in many Californian schools and locally at the Chula Vista Learning Community Charter School. AEA has chosen a German-based, dual immersion program for the following reasons:

 In the historical development of languages (the language tree), German has common roots to English. In effect, good German language skills help the students with their English language arts. When deciding between Latin-based languages and German, one should consider the complexity of the language. Ideally, a combination of a Latin-based language and German together form a solid foundation for superior English language skills. It is our opinion that it is best to introduce German first, due to its complexity, and add a Latin-based language later.  The logical and complex structure of the German language makes it a perfect base for the understanding of complicated scientific and technological concepts – and Germany is one of the cutting-edge leaders in the global society.  The importance of German with regard to business, science, technology, philosophy, humanities and environmentalism is apparent in today’s business and science world.  The cultural heritage of the United States is closely tied to Germany - over 20 % of the American population claim German ancestry. San Diego includes a large German population.

The focus of instruction will be on achievement. A results-based approach will be utilized as aligned with the California State Framework/Content Standards and scope and sequence for each curriculum area. Standards-based performance outcomes will be implemented and refined according to

5 standardized assessment measures. The program will provide 181 instructional days and exceed the number of instructional minutes set forth in the Education Code (46201). Instruction will be provided in the content areas of Language Arts/English, Social Studies/History, Math, Science and Physical Education. Measurable student outcomes from this program will include:

 Implementation of California content standards throughout the curriculum, including standards- based benchmarks for learning at all grade levels and adherence to the Public Schools Accountability Act as identified through the District’s recently approved charter schools’ oversight policy;  Individualized educational plans with individualized challenge or remediation goals will be initiated and refined quarterly and collaboratively by teachers with parent input;  A goal of at least one month of measurable academic growth for one month of instruction as measured by multiple measure assessments and standardized tests;  Completion of Algebra I by 8th grade when the Eighth Grade program is initiated;  Preparedness for high school advanced placement classes;  Reading and Math test scores which are higher than comparable District schools as measured on standardized tests in the STAR program consistent with the District’s accountability contract for charter schools;  An five percentage point increase in test scores each year for five years in reading and math as measured by the STAR program;  Successful performance as measured against District schools in spelling, mathematics, and science competitions;  Higher student attendance rate as compared with District schools;  A School Performance Index that compares favorably with schools with similar populations;  A strong phonemic awareness and phonics program offered through the Open Court Curriculum program. The Open Court program is a State-adopted Language Arts Program. The program will be offered initially in Grades K-3.  The Scholastic Spelling Program (State-adopted) will be initially offered in Grades K-3.  The Accelerated Reader program (State-adopted) will be offered in Grades K-3. This is a supplemental technological and reading based program to enhance reading skills.  The Science program will conform to District practice with textbooks/materials currently being reviewed.  A math program will be selected which most closely aligns with the IBPYP in consultation with District curriculum representatives.  The Saxon Math program in grades K-3 as recommended for adoption by the State of California will be utilized.  The Houghton Mifflin Social Studies series for grades K-3 will be utilized as recommended texts by the State of California under the 1998-99 History-Social Studies Instructional Materials adoption.  A program of dual-language instruction in German, and additional language assistance instruction in Spanish in future years. for native Spanish speakers.

The instructional program is designed to meet the needs of all students. English Language Learners will benefit from the use of Specially Designed Academic Instruction in English (SDAIE) instructional methods and second language instruction. Gifted students will benefit from small class sizes and small teacher-to-student ratios, individualized instructional plans and instruction that challenge their educational potentials. At-risk students will also benefit from small class sizes and small teacher-to- student ratios, individualized instructional plans, tutoring and skills instruction programs.

6 Special education students will be served by the District Special Education services. The charter school will support the district’s implementation of special education services and will make facilities available in a manner consistent with the district’s need to provide services to all special education students. The Albert Einstein Academy will implement a Student Assistance Team which will meet regularly to design and implement support strategies for students with academic or social needs. Students who continue to have ongoing academic challenges that are not resolved will be referred for special education evaluations.

English Language Learners will be identified by the Home Language Survey given to all students. Those students whose primary language at home is other than English will be given the English Language Development (ELD) test within 30 days of enrollment. If they qualify as English Language Learners in this test they will be tested annually until they are reclassified.

The Albert Einstein Academy Charter School recognizes that access to and utilization of technology is essential to preparing students for secondary and post-secondary education as well as for productive placement in the business and professional world. We realize as well that access to the information highway for low-income families, and for their school-age children, is often limited. To this end, a comprehensive Technology Plan will be developed to include the following:

• Acquisition of appropriate software, hardware, and routing access to the information highway; • A management plan that will encourage daily access to computers; • Course competencies in computer literacy; • Utilization of technologically advanced software to supplement the core curriculum and promote the practice of higher level thinking skills; • Parent access to literacy courses and a management plan to promote home-based use in order to strengthen the role of parents in homework assistance and class work skill reinforcement; and • Appropriate safeguards to ensure access to educational information only.  The acquisition of hardware and software that link student curriculum with technology in the home.  The opportunity for parents to participate in technology programs at the school which link student learning and parent involvement in that learning.

Albert Einstein Academy will be staffed with teachers who meet all California credentialing requirements as they apply to charter schools. Kindergarten and 1st grade teachers will have specific training and expertise in teaching reading skills. The budget also allows for a custodian, clerical staff, and a nurse. Aides will be hired and volunteers will be enlisted to help with auxiliary programs. All faculty and staff will be accountable for ensuring that their students meet the highest standards.

Teachers will be identified who are enthusiastic, confident, and child-centered. The highest performing teachers will be attracted by opportunities and freedoms to implement and expand effective teaching methods in a collaborative fashion. Competitive salaries with the San Diego Unified School District and incentives based on student achievement will be offered to faculty and staff. An outreach effort to increase the ratio of non-Anglo teachers to non-Anglo students will be instituted.

A comprehensive training program will be identified for staff development. Teachers will be on the front line to assure student success and they will be held accountable for professional development. This staff development program will be focused around the six subject areas and six organizing themes of the IBPYP curriculum and will follow the implementation guidelines of the IB Program.

7 A staff development plan over the first three years of the charter (and persons responsible) will include:

 California Standards workshop. (County Office of Education);  Attend five days of professional development prior to the start of school. This will include at least one day of leadership training (Consultant/s);  “Legal issues for Teachers” inservice (Consultant/s)  Sexual Abuse reporting and sexual harassment (Consultant/s);  Classroom management (County Office of Education);  Phonics and Phenomenological Awareness (County Office of Education)  Thematic cross-curricular literature based instruction (Core Knowledge Foundation);  Individualized student plans (Consultant/s);  Specially Designed Academic Instruction in English (SDAIE) (Consultant/s);  Parents as Partners (Canter and Associates);  Assessment and Accountability based on the study of Schmoker’s book Results (Consultant/s);  Newspapers in Education (yearly seminar, Union Tribune Publishers and SDSU);  Instruction through technology (Apple Education Division);  Math Strategies (County Office of Education );  Diversity Training (Consultant/s);  Participation in selected portions of the San Diego Unified School District staff development program as permitted by the district with the cost borne by the site;  Participation in the training sessions for the International Baccalaureate Program (IBO).

Ic A description of what it means to be an educated person in the 21't Century

The purpose of education today is to prepare people to lead productive lives and to enjoy their constitutional rights of "life, liberty, and the pursuit of happiness" in the beginning of the 21st Century.

An educated person in the coming millennium will be well-versed in the trends driven by the transition from a product-oriented society to that of an information society - one in which access, management, and application of large amounts of information for services-related productivity will be paramount. The educated person will have a practical and theoretical grasp of technology in its many forms and will be capable of seeing opportunities for technology applications to new and emerging problems of a social and personal nature. This person will also understand how to search for understanding and answers to life's challenges, and will do so with a keen eye towards the diverse constellation of culture, gender, and other influences.

Educated persons will have skills in application of knowledge so that they may be capable of making connections between history, constituencies, personal strengths and deficits to the present day in many contexts. In these contexts, the educated will be capable of collecting, analyzing, interpreting, elucidating, disseminating, and evaluating information. Yet, the educated person of tomorrow will find balance between the burgeoning society with the humanistic dimensions of life, seeking out an understanding of art, music, dance, physicality, and character development. An educated person of the 21st Century will:

 Use self-knowledge to identify learning goals and needs;  Strategize his or her own learning;

8  Possess flexibility of strategy as necessitated;  Meet needs through social skills and interpersonal knowledge;  Be exposed to the diversity and richness of shared knowledge as found in the California Frameworks;  Think critically and explore and respond to knowledge;  Work in a collaborative manner.

Id How learning best occurs

The Albert Einstein Academy Charter School will apply the best of research proven strategies to provide a rich and rigorous academic program:

 The Albert Einstein Academy Charter School will be a small school with low student-to- teacher ratios. Small schools consistently provide better learning environments for children. Second only to socioeconomic status, school size is a gigantic predictor of student success (Klonsky, 1998). The research strongly emphasizes the superiority of small schools as places where the learning environment is enhanced (Raywid, 1998). The enhanced social relationships of small school environments affects student achievement by increasing trust and positive attitudes toward school among students and staff, while decreasing violence and conflict (Gladden, 1999). Small schools tend to increase student participation across the board resulting in lower dropout rates and higher attendance rates (Fine, 1998).  Learning best occurs when parents participate in the educational program and small schools are more likely to encourage parental involvement (Cotton, 1996). When the US Department of Education (1996) focused their research on 4th grade reading comprehension, researchers found, after eliminated confounding variables that a 44-point gap in scores still existed between students with significant parent involvement and students without. The Albert Einstein Academy Charter School will strive to enhance relationships with parents through a program of parent participation, education about students, and parent educational opportunities in technology and higher educational opportunities.  Learning best occurs in a collaborative environment. School success is dependent upon collaboration and goals (Schmoker, 1996). Collaboration among teachers, between students and teachers, between parents and teachers and administration and community is necessary for a successful school The Albert Einstein Academy Charter School will also emphasize cooperative learning for students.  Leaning best occurs in a climate where there are measurable goals. This “beginning with the end in mind” requires a standards-based system that gives direction to academic programs and is designed to ensure proficiency for students.  Learning best occurs in a climate of accountability. As Schmoker (19966) so simply states: “What gets measured gets done”. The Albert Einstein Academy Charter School provides a continuous collection and application of data for students, parents, teachers and administrators. Charter schools can positively change the climate of accountability in a district (Gil, 1999).  Learning best occurs with highly specialized teachers and staff. Specialized staff development programs provide proactive instructional leadership. Darling-Hammond (1997) states that “the single most important determinant of student achievement is the expertise and qualifications of teachers.” The Albert Einstein Academy Charter School will provide a complete program of staff development as outlined above and will participate in selected staff development programs in cooperation with the San Diego Unified School District.

9  Learning best occurs in programs that have strong literacy components. Literacy provides a foundation for most academic success. If students do not succeed in the progression of reading skills, intensive remediation interventions are usually necessary (Torgeson, 1998).  Learning best occurs in a program that incorporates technology. Technological innovations can enhance communication and hence relationships within the academic environment and provide students with the knowledge and skills to enter the business and social opportunities of the 21st Century.  Learning occurs best when students are immersed in an educational environment which is reflective of their culture. The all important language arts learning involves cultural learning as well (Lessow-Hurley, 2000).

ELEMENT TWO: 47605 (b) (2)

"The measurable pupil outcomes identified for use by the charter school. 'Pupil outcomes' for purposes of this part means the extent to which all pupils of the school demonstrate that they have attained skills, knowledge, and attitudes specified as goals in the school's educational program."

Consistent with the District’s charter school oversight policy and the charter school accountability contract, Albert Einstein Academy will help students acquire:

 Reading, writing, verbal and math skills that meet those expected of charter students in the District within five years through researched based curriculum measured by standardized tests and multiple assessment measures;  Higher student and staff attendance than the rate for San Diego Unified School District;  A School Performance Index that compares favorably with schools that have similar student populations;  Higher parent participation than similar schools in the district;  Student preparation for advanced college placement classes in high school;  Technological literacy and access to the Internet as an educational tool;  Real world experiences in partnerships with businesses and community organizations;  Skills to become articulate and self-assured in a secure and welcome environment;  A clear understanding of responsibilities and rights concerning schoolmates, staff, and faculty, family members, community, citizenship;  Emotional maturity, including empathy and responsibility for actions;  Critical thinking skills and leadership skills.

The Albert Einstein Academy will further provide:

 A faculty exemplifying lifelong learning, professionalism, and role models for students. This faculty will be collaboratively accountable for high achievement standards and will collaboratively continue to develop and instruct academically rigorous programs and participate in ongoing staff development.  A parent educational program whose goals will be to raise the literacy and technological competency levels of parents in the community, provide parents with innovative ways of working educationally with their children, provide ways for parents to share cultural traditions with their children and provide parenting education within traditional frameworks.

10 ELEMENT THREE: 47605 (b) (3)

“The method by which pupils progress in meeting these pupil outcomes is to be measured.”

Performance standards will be implemented according to the California Framework and Content Standards. These standards will be results-oriented and measured, evaluated, and refined by means of:

1. The State of California Testing Program utilizing the SAT-9 and the California writing proficiency test for fourth and seventh graders, and the state PE fitness standards test for Fifth and Seventh graders (when Grade 7 is opened); 2. Multiple assessment measures in Reading and Mathematics to provide weekly feedback to parents, students, and teachers regarding educational progress. These assessments will include the weekly assessment measures from the standards based curriculum materials, IBPYP portfolios, and additional assessment measures as recommended by District curriculum representatives. 3. Other assessment measures of writing on demand, essay exams, exhibitions, portfolios, and oral presentations, and textbook curriculum testing will be utilized. Standards-based report cards will inform students and parents of academic progress; 4. A yearly review of curriculum, performance standards, and test results by an outside independent post-secondary institution; 5. The Primary Years Programme requires that individual portfolios of student achievement be kept, as an important mechanism for documenting progress. Students aged 10 to 12, in the final year of the program, are expected to participate in a culminating project - the PYP exhibition. This is designed to demonstrate their proficiencies in all areas of the program.

Students will be closely followed week-by-week and students identified as failing performance standards will be given individual tutorial assistance. A Student Assistance Team (SAT) of administrators, special educators, teachers, parents and students (as appropriate) will give recommendations and implement corrective plans for students failing academically or needing social assistance. The school will follow all Federal and State mandates for Special Education.

Evaluation measures will be employed to give teachers and administrators feedback concerning their performance vis-à-vis parents and students. These evaluation measures for teachers and administrators are based on the California standards for teachers and administrators.

Twice annual parent surveys will be conducted to measure the levels of parent participation and satisfaction with all aspects of the educational program.

Parents will be given a standards-based report card twice yearly and will prepare a progress report for parents during the middle of every report card period. Teachers will meet for formal parent conferences twice yearly to report on individualized student plans and to explain the results of the report card. Teachers are encouraged to meet more often with parents and will be obligated to communicate with parents regarding serious academic or emotional problems of students. Parents will also be apprised of student progress through communication of standardized test results and multiple measure assessments.

Near the end each academic year, the Albert Einstein Academy Charter School will prepare for parents, community, and the district, an annual accountability report (SARC). This report will contain measures

11 of student academic progress in math and language arts, student and staff attendance statistics, results of parent surveys, and budget descriptions.

ELEMENT FOUR: 47605 (b) (4)

“The governance structure of the school, including, but not limited to, the process to be followed by the school to insure parental involvement.”

Legal

The Albert Einstein Academy Charter School shall be a public charter school of the San Diego Unified School District operating under the jurisdiction of the District’s Board of Education. In the event the Board of Education revokes the charter for the Albert Einstein Academy Charter School, the school will retain the right to petition another school District for approval to act as a charter school.

The school will comply with federal, state and local laws that are applicable to public charter schools and will adhere to the District’s oversight policy for charter schools and the charter school accountability contract. In support of educational programs, the Albert Einstein Academy Charter School will be non-sectarian in its programs, admissions policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any student or staff member on the basis of race, ethnicity, national origin, sexual orientation, gender or disability.

Governance

The Albert Einstein Academy will be advised by its Board, understanding that the District has a legal and fiduciary responsibility for the school. As such, and with particular reference to AB631, With respect to the Educational Employment Relations Act (EERA), the charter school will set the terms and working conditions for all employees, will do so consistent with state (EERA) and federal law, and shall be the employer of the charter school employees (as opposed to the San Diego Unified School District) for collective bargaining purposes.

The Board (six individuals) includes a civic and business leader from the community at large, two educators (including the School Director as a non-voting member, and a post-secondary representative), and two parent representatives (one each from the School Advisory Committee and the Parent Teacher Organization). The District shall be entitled to a single representative on the Board.is invited to name a representative as well on matters involving the District and the Albert Einstein Academy. The parent representatives will be annually elected. Meetings of this governance board are subject to the rules of the Brown Act. The Board will be responsible for:

 The general policies of the school;  The school budget;  Oversight of funds for the operation of the school in accordance with charter school laws;  Reviewing the school’s personnel policies and receiving from the School Principal reports relative to their implementation (such policies being consistent with any applicable laws);  Reviewing operations reports from the School Director and audit reports;  Assisting in the complaint procedure as specified in the charter;  Selection and release of charter school personnel. 12 The governance of the school will be accountable on several levels:

 Annual fiscal and programmatic audits;  Independent monitors of the curriculum, measurement, and accountability practices;  Evaluations of teacher performance by the School Director;  Evaluations of teacher and administrative staff performance by parents and students;  Oversight of school operations by the Board and the School Advisory Committee;  Evaluation of the charter school program for charter renewal within five years.

Boards of parents and Educators

Parent and community involvement in the governance of the school is assured by virtue of their integrated participation in the Board, School Advisory Committee, and Parent Teacher Organization. The Albert Einstein Academy will have a School Advisory Committee that will include the School Director, three parents, two teachers and the President of the Student Council. The Advisory Committee will provide input to the Board through the School Director on the operations of the school, staff, teachers, and students. It will review and provide input on policies and procedures for expulsions, curriculum, fundraising, and governance ideas for increasing performance. The by-laws of the Committee will be developed within the first semester and will include procedures for dispute resolution involving students, parents, and staff.

With the direction of the Board of Trustees, and review by the School Advisory Committee, external consultant/s may be employed to assist the Board in the following areas:

 The development and execution of an operational Business Plan which focuses on student achievement;  Providing and implementing a Professional Development Plan for staff consistent with the overall school mission;  Developing a Communications Plan for parent and community involvement in support for school programs and change efforts;  Measurement of progress towards achieving both student and staff performance;  Preparing a human resource model for career and compensation.  Curriculum development guidelines, textbook recommendations, student assessment guidelines, accreditation planning, special education consultation, handbook development, operations consultation on attendance requirements, ADA compliance, legal compliance, charter compliance and review, litigation, district communication, budget, and accounting model implementation

Parents will be provided the opportunity to sign a contract stating they will attend the new parent orientation meeting and donate service hours. A service form will be sent home with the school newsletter for parents to complete and return. The aim of this requirement is to ensure that all families are informed and actively involved in the school and to provide assistance to faculty and staff. No family will be denied admission for failure to comply nor will any student or parent be panelized for failure to comply with this parent participation contract.

Parents will be encouraged to become active in developing their child’s learning plan and the school’s curriculum, evaluation process, and other programs. Depending on facility space, a Parent Center will

13 be established as a meeting center, resource center, and center for parent organizing. Parents will be able to participate in a parent teacher organization (PTO). This PTO will encourage parent participation in school programs, provide fundraising and social opportunities for parents and students and advise on parent educational programs.

Founding members, parents, and educators of the Albert Einstein Academy Charter School are as follows:

 Dagmar Gubernator, Chairperson of the Curriculum Committee, Graduate of the European School of Mol, Belgium, volunteer German credentialed teacher and tutor at Torrey Pines High School, languages: English, German, French, Italian, Dutch, and Latin.  Angela Wastrack, Chairperson of the Finance Committee, Children’s therapist, San Diego County Health Department, BA and MA in Social Work, Licensed Clinical Social Worker, Languages: German, English, French.  Lilke Knott, Chairperson of the Administration Committee, Businessperson, and Languages: English, German, and French.  Annette Scholl-Bermel, Chairperson of the Facilities Committee, International Business Consultant, American Institute of Banking and Graduate Certificate in International Banking, Languages: English, German, French, Latin, and Spanish.  Ralph Wilhelms, Chairperson of the Public Relations and Outreach Committee, CF0 – San Diego Soccers, MIBA-United States International University, Languages: German, English, French, Spanish.  Birgit Schafer, Member - Planning Committee, Software Linguist, and German Diploma in Business Administration and Diploma in Translation, Languages: English, German, French, and Italian.

ELEMENT FIVE: 47605 (B) (5)

“The qualifications to be met by individuals to be employed by the school.”

Administrators’ Qualifications

The Principal/ Lead Teacher and any other administrator at Albert Einstein Academy Charter School should possess leadership abilities and a comprehensive educational vision that is consistent with the school's mission and educational program. In addition, the School Director Principal should possess skills in hiring and supervising excellent teachers, technological and data-analysis experience, and if possible, business experience. Experience in a school serving high-risk populations, including minority children, is required.

The Principal shall have the following qualifications:

1. understands leadership models and the difference between leading and managing; 2. understands group dynamics and uses group processes regularly; 3. understands and is open to the opinions of others; 4. enjoys challenges and is stimulated by the dynamics of a growing organization; 5. shows awareness of and knowledge about existing educational models and can articulate his/her philosophy;

14 6. is committed to education and can distinguish between long term and short term educational goals; 7. embraces the mission and vision of the charter school and can articulate it; 8. seeks to create a school that supports the school mission; 9. acts as a liaison between the charter school and the community at large; 10. acts as a liaison between the charter school and the San Diego Unified School District; 11. encourages an active partnership between teachers, children and parents; 12. is accessible to parents and expresses empathy and support for families; 13. expresses faith in and respect for children; 14. has classroom teaching experience and understands the challenges of today’s teachers; 15. possesses a Standard California Teaching Credential or equivalent; 16. articulates an active supervision model which encourages high staff performance and accountability; 17. is aggressive in securing recognition of the needs of the school; 18. can challenge the ordinary and routine ways of seeking answers and solving problems; 19. is respectful, thoughtful, decisive, fair and possesses integrity in all his/her dealings with the school community; 20. uses effective conflict resolution skills as needed on a regular bases with children, staff, and parents; 21. empowers staff, children, and parents to grow and learn within the school community and has high expectations for such; 22. is a collaborative leader who leads collaboratively at every level within the school; 23. is multilingual and committed to an international language educational approach; 24. possesses a willingness to teach and train in the International Baccalaureate program.

Teachers' qualifications:

The most important qualifications for our teachers are: caring about our students; familiarity with or willingness to be trained in the schools curriculum sequence and learning styles; a demonstrable effectiveness in teaching; and a willingness to work hard and to take responsibility and exercise leadership for the school as a whole. Specific qualifications include:

1. possession of a California Commission on Teaching Credentialing certificate or permit as may be permitted required under the charter law; 2. knowledge of child development; specifically of physical, emotional, and developmental patterns; 3. knowledge of general learning theories and curriculum development; 4. preference of one to two years of elementary teaching experience; 5. a team player with experience working in an environment dedicated to a team approach; 6. professional manner and appearance; 7. understands children as a focus; 8. ability to communicate with parents and sees parents as a resource; 9. possesses conflict resolution skills; 10. possesses the ability to use a reflective process in his/her professional endeavors; 11. is patient and caring and possesses a sense of humor; 12. uses good organizational skills to meet the needs of his/her class; 13. subscribes to the concept that a successful learning process is a collaborative effort between student, teacher, and parent; 14. is open to input and feedback regarding professional growth and performance;

15 15. is open to innovative and creative approaches to meeting educational goals; 16. supports the value of tolerance and embraces anti-bias education; 17. promotes and supports multiculturalism and is culturally sensitive; 18. is sensitive to gender differences and needs; 19. possesses the ability to work with small and large classroom groups; 20. possesses personality traits of adaptability and flexibility; 21. possesses multilingual abilities; 22. possesses a willingness to teach and train in the International Baccalaureate program. 23. fifty percent of teachers will possess English/Spanish bilingual abilities.

The school will maintain a current copy of teacher certificates on file. Credentialing (emergency) permits will only be utilized to employ a teacher in an emergency or temporary situation.

ELEMENT SIX: 47605 (b) (6)

"The procedures that the school will follow to insure the health and safety of pupils and staff. These procedures shall include the requirements that each employee of the school shall furnish the school with a criminal record summary as described in section 44237."

The Albert Einstein Academy Charter School will utilize the facilities that will be located within the San Diego Unified School District.

The school will maintain on file records documenting compliance with fire, health, and structural safety requirements. Facilities will comply with state building codes (understanding that charter schools are exempt from the Field Act) and, federal Americans With Disabilities Act requirements. The school will additionally maintain a copy of facility inspections that will be available for inspection. Appropriate disaster and safety plans will be developed and posted.

The Albert Einstein Academy Charter School shall comply with all provisions of Education Code 44237, including the requirement that as a condition of employment each new employee not possessing a valid California Teaching Credential must submit two sets of fingerprints to the California Department of Justice for the purpose of obtaining a criminal record summary. The requirements for criminal records review shall meet or exceed District personnel standards. All persons assigned to work at the school will be processed by the District personnel department and must undergo a criminal record review.

Records of student immunizations shall be maintained, and staff shall honor the San Diego Unified School District requirements for periodic TB tests. AEACS will require all enrolling students and staff to provide documentation of immunization in accord with requirements of the Health and Safety Code Sections 120325-120375 and CA Administrative Code Section 6000-6075. This includes immunizations for polio, diphtheria, tetanus, peruses, measles, mumps, rubella, and hepatitis B as described in Department of Health Services Document IMM-231. The school will employ a nurse as identified in the budget to provide oversight of immunization requirements and student mandated health screenings. The school will provide food services for the students attending the charter school as required by law. The school may contract with the District or any other source to provide such food services.

16 The Albert Einstein Academy Charter School will develop further health, safety, and risk management guidelines in consultation with District insurance carriers and risk management experts.

ELEMENT SEVEN: 47605 (b) (7)

"The means by which the school will achieve a racial and ethnic balance."

To create a school community that reflects the diversity of the San Diego Unified School District, the Albert Einstein Academy Charter School must recruit students from a range of ethnic, linguistic and racial populations. In accord with the District’s newly adopted charter oversight policy, the school commits itself to quantifiable efforts designed to show its commitment to a diverse student body. Recruitment strategies will include:  The design and distribution of outreach and informational materials to appeal to the various racial and ethnic groups within the district including two newspapers in different areas of San Diego monthly until full enrollment is reached;  The development of outreach materials in other languages to reach parents who are not English speakers;  Outreach to community groups, agencies and other organizations that have direct contact with the racial and ethnic communities in the district including EUREKA San Diego, the City of San Diego Human Relations Commission, and the Greater San Diego Chamber of Commerce(in order to reach downtown workers who may see the school location as within their daily commute), and the Anti-Defamation League;  Outreach meetings/information distribution to reach prospective students and parents to be coordinated at local libraries ;  Establishment of internal and external feedback processes to ensure maximum impact and accessibility of the school’s commitment to diversity including a AEA website by July 15, 2002;  An enrollment timeline that allows for a broad-based recruiting and application process, and that is aligned with the diverse needs and composition of the prospective population;  The school will maintain accurate accounting of the racial/ethnic balance of students enrolled;  An open enrollment period will be identified in compliance with the guidelines set forth in the District Charter Oversight Policy.

Albert Einstein Charter School will continuously engage in these efforts for the life of the charter, commencing on March 1 of each successive year of the charter.

ELEMENT EIGHT: 47605 (b) (8)

"Admissions requirements, if applicable."

Charter schools are schools of choice. All students in the San Diego Unified School District and all other districts are eligible to attend the Albert Einstein Academy Charter School. If more students than can be admitted apply, the following admission processes will be followed:

1. First priority will be given to students who live in the District. In order to attain our vision of a racially, economically, and geographically diverse population, we will

17 develop an admissions process designed to reach out to all families and to enable the school to have a diverse student body. 2. Educationally disadvantaged students will be accommodated. Research on the progress of charter schools in meeting the needs of the educationally disadvantaged shows that charter schools can indeed serve all students. Surveys of California's charter schools have demonstrated that these schools are educating a higher proportion of minority students and below-grade-level students than their counterpart district schools.

The Albert Einstein Academy Charter School will be open to all students including those with special education needs. The AEACS will support the administration of special education services at the school site by the San Diego Unified School District and participate in the “search/child find” efforts of the SELPA. As previously outlines, the AEACS will have a Student Assistance Team that will provide strategies for students with academic difficulties and make the appropriate referrals for special education evaluation. The staff of the AEACS will be instructed regarding the purpose and administration of the Student Study Team and Special Education “search/child find” efforts and referral procedures.

Should the Albert Einstein Academy Charter School receive a number of applications from potential students exceeding the number of spaces available within the school, the school will conduct a random public lottery, designed to establish a diverse student population, using the following rules and procedures, which will be communicated to all interested parties at least 30 days prior to holding the lottery. The lottery procedures will be as follows:

1. The school will enlist the services of an outside agency or auditor (preferably the District or an entity recommenced by the District) to monitor and verify the fair execution of all activities related to holding the lottery; 2. The lottery will take place within 30 days of closing the open enrollment period, which will be at least 90 60 days long commencing on May 15, 2002; 3. The lottery will take place on the school’s campus in a facility large enough to allow all interested parties to observe the drawing, or at another public venue near the school large enough to accommodate all interested parties. 4. The lottery will take place on a weekday evening or other time when most interested parties who wish to attend may do so; 5. All interested parties will know, prior to the holding of the lottery, how many openings are available in the school and in the different grades served by the school; 6. The following preferences will be extended to potential students:

 Children of founders shall receive a guarantee of admission. Founders are defined to be the small group of people responsible for drafting of documents and for efforts, which resulted in the petition being approved.  The charter school with all applicable state and federal laws and with District policy as it relates to the oversight of charter schools.  Siblings of students who have their names drawn during the lottery shall receive a guarantee of admission unless the sibling is to enroll in a grade that has all of its spaces already filled in the drawing, in which case the sibling would be put on the waiting list for admission to that grade ahead of all others on the waiting list for that grade.  Children of employees shall receive the same statistical advantage as would a potential student who is within the target population identified in the charter.

18 7. The lottery shall draw names from a single pool of ballots or identified pools of ballots designed to establish a diverse student population. 8. The ballots shall be drawn by a representative of the outside agency or organization confirming the results of the lottery. 9. The drawing shall continue until all names are drawn. Those individuals whose names are drawn after all spaces have been filled will be placed on the waiting list in the order drawn, except if the preferences described above require otherwise. 10. Potential students on the writing list shall provide contact information to be used in the event space becomes available. Families promoted off of the waiting list shall be informed in writing and shall have 10 business days from the date of postage to respond. In addition, the school shall attempt on at least two separate occasions to contact the parents/guardians of promoted students by telephone. Those families not responding within the 10-day period will forfeit their right to enroll their student in the school for that school year. 11. the outside organization or agency verifying the fair execution of the lottery shall confirm in writing the lottery was conducted fairly, and the school shall deep on record copies of that confirmation.

ELEMENT NINE: 47605 (b) (9)

"The manner in which an annual audit of the financial and programmatic operations of the school is to be conducted."

Fiscal

The Albert Einstein Academy Charter School may receive funding in accordance with Education Code Section 47617 or its successors. The Albert Einstein Academy Charter School and the sponsor district will develop mutually agreeable Memoranda of Understanding that would adjust the apportionment's due to the school pursuant to Education Code Section 47617 to accomplish the following:

• Adjust the Albert Einstein Academy Charter School's base revenue limit funding to reflect the sponsor district's usual difference in per-pupil planning allocation and general operation by program allocation percentage applied to Form J201RL, EDP#024; • Enable the Albert Einstein Academy Charter School, the sponsor district, and the district's Special Education Local Planning Area to jointly and cooperatively address the needs of special needs students and share in the costs and revenues associated with serving such students; • Compensate the sponsor district for the value of any direct services requested by the charter school and provided by the sponsor district; and • Address funds transfer and fiscal overview procedures.

Accountability and Annual Audit

The San Diego Unified School District will periodically review the fiscal integrity of the Albert Einstein Academy Charter School in order to satisfy itself that sound financial procedures are in place and are being followed. The adherence to such sound financial practices by the Albert Einstein Academy Charter School is a condition for the continuance of the charter.

19 The Albert Einstein Academy Charter School will, at its own expense, contract an annual financial audit. This audit will, at a minimum, include an audit of the school’s financial statements, and attendance accounting records and practices. The AEA will send the District and the State a copy of its annual independent financial audit report by December 15 of each year. The District shall conduct an annual audit as well. Audit deficiencies will be resolved in accord with standard accounting practices and expectations as may be recommended by the District.

The District shall inspect, not less often than annually, documents on file at the charter school, which shall verify that all teachers at the school hold a certificate, permit, or other document equivalent to that which teaches in other public schools would be, required to possess or hold. The Superintendent or designee shall examine, not less than annually, the audit report of the charter school, and shall, not less than annually, examine the general operations of the charter school. Audit deficiencies and exceptions will be resolved in accord with generally accepted accounting practices for schools. The charter school’s Board will form an audit committee each fiscal year to oversee selection of an independent auditor and the completion of the annual audit of the school’s financial affairs. The Audit will verify the accuracy of the school’s financial statements, attendance, and enrollment accounting practices, and review the school’s internal controls. The audit will be conducted in accord with generally accepted accounting practices applicable to charter schools. To the extend required under applicable law, the audit scope will be expanded to include items and processes specified in any applicable Office of Management and Budget Circulars. It is anticipated that the annual audit will be completed within six months of the close of the fiscal year and that a copy of the auditor’s findings will be forwarded to the appropriate person(s) identified by the District. The school’s audit committee will review any exceptions or deficiencies and report to the school’s Board with recommendations on how to resolve them. The Board will report to the District regarding how the audit exceptions or deficiencies will be referred to the dispute resolution process contained in this document.

Programmatic Audit

The Albert Einstein Academy Charter School will compile and provide to the District an annual performance audit. This audit, will, at a minimum, include the following data:

 summary data showing student progress toward the goals and outcomes specified in Element Two from assessment instruments and techniques listed in Element Three;  an analysis of whether student performance is meeting the goals specified in Element Two, displayed on both a school-wide basis and disaggregated by major racial and ethnic categories to the extent feasible without compromising the “Family Education Rights and Privacy Act”;  a copy of the Charter Advisory Board’s evaluation of prior-year management performance, summary of major decisions and policies established during the year, and upcoming year goals;  data on the level of parent involvement in the school’s governance (and other aspects of the school, if applicable) and summary data from an annual parent and student satisfaction survey;  data regarding the number of staff working at the school and their qualifications;  a copy of the school’s health and safety policies and/or a summary of any major changes to those policies during the year;  information demonstrating whether the school implemented the means described in Element Seven to achieve a racially and ethnically balanced student body, and an overview of the student body (including the school’s admissions practices, number of students enrolled, number on waiting lists, and numbers of students subject to suspension/expulsion);  an analyses of the school’s internal and external dispute mechanisms and data on the number and resolution of disputes and complaints; 20  other information regarding the educational program and the administrative, legal, and governance operations of the school relative to compliance with terms of the charter generally.

Business Practices and Contracting for Services and Goods

San Diego Unified School District property and materials, and property donated to the school, will be inventoried and returned to the District upon termination of the operation of the school as a charter school within the District.

All contracts for goods and services shall be in accord with the Charter School Memorandum of Understanding.

Property purchased with charter school funds shall be the property of the District and upon termination of the operation of the school or nonrenewal of the charter, all charter school assets and property purchased with public money shall be distributed to the District.

Insurance and Safety Policy

The Albert Einstein Academy Charter School will purchase and maintain as necessary general liability, automotive liability, errors and omissions, property, workers compensation, and unemployment insurance policies, either as part of the San Diego Unified School District's insurance program or its own insurance program.

The Albert Einstein Academy Charter School will develop health, safety, and risk management guidelines in consultation with its insurance carriers and risk management experts.

Personnel Policies

Before hiring employees, the Albert Einstein Academy Charter School shall develop personnel policies that meet with the approval of the Albert Einstein Academy Charter School's Board and the District

The AEACS will be deemed to be the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (EERA).

ELEMENT TEN: 47605 (b) (10)

"The procedure by which pupils can be suspended or expelled."

Consistent with the efforts to share the governance of the school, specific suspension and expulsion procedures that comply with constitutional standards of due process will be developed and/or revised by the school community at the beginning of each school year. This process will provide parents and students with an opportunity to exercise such leadership skills as problem solving, negotiation, shared decision making, and conflict resolution, as well as fostering a sense of personal and community responsibility. The model for positive discipline will be instituted based on the guidelines set down by Ryan (2000). This five-step program includes

1. Isolate (meet one-on-one with the student), 2. Ask and Listen (listen to the child’s side of the story),

21 3. Speak and Specify (a strong, calm, well-reasoned, focused message), 4. Offer (offer positive reinforcement), 5. Decide and Act (support the child in a responsible plan that is mutually agreeable).

The understood purpose of the suspension and expulsion procedures will be to ensure a safe and effective learning environment. Successful procedures will provide for due process, be specific and concrete, and be supported by the school community.

While suspension and explosion are to be regarded as a last resort, the following represents some of the suggested grounds for such action:

1. The threat, causation, or attempted causation of physical injury to another person; 2. Possession of a weapon (e.g., firearms, knives, and explosives) as grounds for immediate expulsion; 3. Unlawful possession, use, sale, offer, or being under the influence of any controlled substance, alcoholic beverage, or intoxicant; 4. Robbery or attempted robbery of another person’s property or school property; 5. Significant damage or attempt to damage school property; 6. An obscene or offensive act or habitual profanity/vulgarity; 7. Persistent failure to respond to correction, especially as to respect for staff, respect for others (consistent with the State Education Code prohibition against harassment), or persistent and repeated failure to follow student rules.

Prior to suspending a student, if circumstances permit, the student and his/her parents shall be given a written statement of the reasons for suspension. The student and his/her parents shall also be given an opportunity to meet with the school Principal to present any evidence as to why a suspension should not be imposed. If circumstances require an immediate suspension, written notice and an opportunity to meet shall be provided to the student and his/her parents within three days of the suspension.

If a student is to be suspended for more than ten days, or if an expulsion is recommended, the following procedures apply. The student must be given written notice of the proposed long-term suspension or expulsion, and of the reasons therefore. If the student or his/her parents contest the proposed disciplinary action, a hearing shall be held before the Board of Directors to determine whether cause exists for the disciplinary action. The student shall have the right to be represented by counsel at the hearing before the Board of Directors, to present evidence on his/her own behalf, and to confront and cross-examine adverse witnesses. The written notice to the student of the proposed disciplinary action must advise the student of the above-listed rights, and must specify the date, time, and place of the disciplinary hearing. The disciplinary hearing shall be held within thirty days from the date the student was originally suspended. The decision of the Board of Directors shall be final.

Charter school practice for Special Education students will be in accord with State and Federal Special Education Law and policies and procedures adopted by the Board of the San Diego Unified School District.

22 ELEMENT ELEVEN: 47605 (b) (11)

"The manner in which staff members of the Charter School will be covered by the State Teachers Retirement System, the Public Employees' Retirement System, or federal social security."

To the extent allowed by law, and subject to majority decisions of the Albert Einstein Academy Charter School and/or the Board of Directors regarding retirement funds, employees of the Albert Einstein Academy Charter School shall be able to participate in any and all teacher and employee retirement funds that they would be eligible if they were teaching in a non-charter public school.

Certificated, classified, and other staff members of the Albert Einstein Academy Charter School shall retain all previously vested rights in their respective retirement systems, including, but not limited to STRS, and PERS. and the Social Security System.

Faculty and staff and the Albert Einstein Academy Charter School will participate in the federal Social Security system and will have access to other school-sponsored retirement plans according to the policies established by the Board. The Albert Einstein Academy Charter School will allow eligible District school faculty and staff who transfer from the District to participate in the State Teachers Retirement System (STRS) or the Public Employees Retirement System (PERS), to make contributions to the State Teachers Retirement System (STRS), or the Public Employee Retirement System (PERS) for eligible faculty and staff who have transferred from the San Diego Unified School District or other school Districts.

To the extent allowed by law, and subject to majority decisions of the Albert Einstein Academy Charter School and/or the Board regarding retirement funds, employees of Albert Einstein Academy Charter School shall be able to participate in any and all teacher and employee retirement funds that they would be eligible if they were teaching in a non-charter public school.

ELEMENT TWELVE: 47605 (b) (12)

"The public school attendance alternatives for pupils residing within the school District who choose not to attend charter schools."

As per state law, no governing board of a school District shall require any pupil enrolled in a school District to attend a charter school. Students whose parents choose for them not to attend Albert Einstein Academy Charter School can apply for another District school or request an intra-District transfer consistent with District policy. Transportation is a parental responsibility for families who choose not to attend the charter school.

23 ELEMENT THIRTEEN: 47605 (b) (13)

"A description of 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."

Rights of District and Charter School Employees

Persons employed to work at the Albert Einstein Academy Charter School in the first instance (persons who were not previously District employees) will be employed at will. Other conditions of employment, including wages and benefits, will be as specified in the employment contract with the employee.

Collective Bargaining Agreements

The provisions of any collective bargaining agreement shall not be applicable to employees assigned to the Albert Einstein Academy Charter School.

Health and Welfare Benefits

Persons originally employed by the District to work at District non-charter schools who elect to be assigned to the Albert Einstein Academy Charter School and all other employees will receive health and welfare benefits, and retirement plan participation, in the same manner as they would have received had they continued to be assigned to a non-charter District school. District payroll/benefits will be established through the District as set forth in an annual Memorandum of Understanding.

Salary

Teachers and other employees will be placed on the charter school salary schedule according to the responsibilities that they assume. Teachers will receive a stipend for all training days that extend beyond their normal charter contract year as per grant revenues. Revenues and expenditures will be reviewed annually, and a recommendation will be made to the Board for cost of living adjustments and incentive pay to remain competitive with the District. Teachers may move up within each teacher level based on performance. Career paths will be developed for teachers and teachers can apply to the Principal as positions become available for promotions to move up the salary schedule or for new positions.

Maximum Class Size Limitation

The charter school will participate in the class size reduction program in grade levels for which adequate size funding is received and building facilities can accommodate. As part of the program, teams of teachers are free to group and regroup youngsters for instruction so class sizes may vary and exceed the limit as determined by the charter school program needs during the day. If the Community Charter School receives class size reduction funds, it agrees to adhere to all state laws and regulations pertaining to the use of class size reduction funds.

24 Work Year/Day

The work year for teachers will include 181instructional days and the workday will be 7 hours. During the first charter school year, the school will be 181 instructional days with 6 additional staff development days.

Leaves

Teachers and classified employees originally employed by the District to work at District non-charter schools who elect to be assigned to the Albert Einstein Academy Charter School will be eligible for the same sick leave, personal necessity leaves, and long-term leaves identified in the collective bargaining between the District and their local bargaining units. Other employees hired by the charter school will be eligible for personal necessity leaves and long-term leaves as per District employees and will accrue one personal/sick days and vacation days as identified in the staff policy handbook. The Albert Einstein Academy Charter School will assume all responsibility for all leave rights accrued while such persons are assigned to that school.

Evaluation Procedure

The Principal shall have the right to observe and evaluate staff. The purpose of the performance appraisal system is to promote greater accountability by leading to changes in professional practice that result in the continuous improvement of student achievement. The assessment will include, but need not be limited to:

• An analysis of student achievement based on student performance on standardized and other specific assessments; • Observations by the Principal in professional settings; • Accomplishment and growth consistent with core professional expectations as documented by the teacher in a professional performance improvement program; and • A self-assessment.

Membership in the San Diego Unified Teachers Association

Teachers originally employed by the District to work District non-charter schools who elect to be employed at the Albert Einstein Academy Charter School may retain their membership in the San Diego Unified Teachers Association or other bargaining units if permitted to do so under the rules of the bargaining units, but will not be required to do so as a condition for assignment to the Albert Einstein Academy Charter School. Such membership, however, shall not make the teacher collective bargaining applicable to employment at the Albert Einstein Academy Charter School.

Public Comments

The staff and governing board members of the school and the District agree to attempt to resolve all disputes regarding this charter pursuant to the terms of this section. Both shall refrain from public commentary regarding any disputes until the matter has progressed through the dispute resolution process. Matters reviewed under this process will be handled in as confidential a matter as possible.

25 Dispute Resolution Procedure Within the School

Disputes arising from within the School, including all disputes among and between students, staff, parents, volunteers, advisors, partner organizations, and governing board members of the school, shall be resolved pursuant to policies and processes developed by the school.

The District shall not intervene in any such internal disputes without the consent of the governing board of the school and shall refer any complaints or reportrs regarding such disputes to the governing board or Principal of the school for resolution pursuant to the school’s policies. The District agrees not to intervene or become involved in the dispute unless the dispute has given the District reasonable cause to believe that a violation of this charter or related laws or agreements has occurred, or unlessthe governing board of the school has requested the District to intervene in the dispute.

The District shall refer any complaints or reports regarding charter school internal matters to the charter school for resolution before acting upon such complaints. If the matter is not resolved at this level, and the complainant still requests District review of the matter, the District will review the complaint and examine any other necessary information. If the complaint involves any matter which would be a basis for revocation of the charter the process described in Element Fourteen will be followed.

ELEMENT FOURTEEN: 47605 (B) (14)

"The method by which the charter school and the sponsoring District will resolve disputes.

In the event that the AEACS or San Diego Unified School District (the “District”) have disputes regarding the terms of this charter or any other issue regarding the school and grantor’s relationship, both parties agree to follow the process:

In the event of a dispute between the AEACS and the District, regarding the terms of this charter or any other issue regarding the school and district relationship, both parties agree to apprise the other in writing, of the specific disputed issue(s). In the event the district believes the dispute relates to an issue that could lead to revocation of the charter, this shall be specifically noted in the written dispute statement the district provides the school. Within 30 days of sending written correspondence, or longer if both parties agree, a charter school representative, a district representative, or their designees, shall meet and confer in an attempt to resolve the dispute. If this joint meeting fails to resolve the dispute, the charter representative and the district representative shall meet again within 15 days, or longer if both parties agree, to identify a neutral, third party mediator to assist in dispute resolution. The format of the third-party mediation process shall be developed jointly by the representatives and shall incorporate informal rules of evidence and procedure unless both parties agree otherwise. The finding or recommendation of any arbiter shall be non-binding, unless the governing authorities of the school and district jointly agree to bind themselves. Unless jointly agreed, the process involving the assistance of a third-party mediator shall conclude within 45 days. All mediation and/or arbitration costs and all other costs associated with dispute resolution shall be shared equally by the charter school and the district.

In the event the third-party mediation process does not result in resolution of the dispute, both parties agree to continue good faith negotiations. If the matter cannot be mutually resolved, the charter school shall be given a reasonable period of time to correct the violation, unless the district indicates in writing

26 the violation constitutes a severe and imminent threat to the health and safety of the school’s pupils. San Diego Unified School District shall reserve the right to take any action it deems appropriate and the school reserves the right to seek legal redress for any such actions under the law. In addition, the dispute is not required to be referred to mediation in those cases where the district determines the violation constitutes a severe and imminent threat to the health and safety of the school’s pupils.

ELEMENT FIFTEEN - Labor Relations/Employment

All employees of the Albert Einstein Academy Charter School shall be employees of the charter school and not employees of the District for the purposes the EERA.

RELATED WARRANTS

IN ADDITION TO THE ELEMENTS SPECIFIED ABOVE, THE CHARTER SCHOOL REITERATES ITS COMMITMENT TO OBSERVE THE FOLLOWING:

1.) 47605 (c)

"Charter schools shall meet the statewide performance standards and conduct the pupil assessments required pursuant to section 60602.5"

2.) 47605 (d)

“In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admissions policies, employment practices and all other operations, shall not charge tuition, and shall not discriminate against any pupil or employee on the basis of ethnicity, national origin, gender, sexual orientation, or disability. Admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent ore guardian, within this state.”

3.) Term and Renewal of Charter

The term of this charter shall begin on the date that the District's Board of Education approves the charter petition and shall continue for five school years commencing on the first day of instruction.

This charter may be revoked as provided by law. Prior to revoking the charter, and if in the judgment of the District circumstances permit, the District shall provide the Albert Einstein Academy Charter School with the notice of the proposed revocation and of the reasons thereof

Material revisions to the charter must be approved by the Board of Education. However, all proposed revisions to the charter must be presented to the District for a determination as to whether or not the proposed revision is a material revision that must be approved by the Board of Education.

27 A request by the Albert Einstein Academy Charter School for renewal of the school's charter shall be presented no later than February of the school's last year of operation in the then current term.

4.) District Impact Statement a.) Intent

This statement is intended to fulfill the terms of Education Code 47605 (g) and provides information regarding the proposed operation and potential effects of the charter school on the District. This communication is intended for informational purposes only and to assist the District in understanding how the proposed school may affect the District. This is an informational document, does not constitute a legally binding contract or agreement, is not intended to govern the relationship of the school and the District, and is not a part of the charter of the AEACS or any related agreements or memoranda of understanding. b.) Administrative Services

Where possible, and at a mutually agreed upon competitive cost per child, the school does anticipate purchasing services from the District. Such services may include personnel review for credential and criminal clearance purposes, payroll, special education as noted in the charter as petitioner intends to purchase IEP-mandated services from the District where possible, insurance, and food services. The specific terms and costs for these services, and any others that the District may wish to offer, shall be the subject of an annual Memorandum of Understanding. Petitioner understands that current law mandates that the District provide oversight and performance monitoring services, including monitoring school and student performance data, financial statements and audit reports, enrollment verification, performing annual site visits, engaging in the Dispute Resolution Process, and considering charter amendment and renewal requests. In consideration of these oversight obligations, petitioner has identified a percentage in the budget that has been identified at law to compensate for such oversight services. With this petition and charter, the school identifies its intent to request from the District such facilities and/or funding in lieu of facilities as may be permitted under Proposition 39 in accord with the November 2002 request requirement. c.) Civil Liability

Education Code Section 47604 (c) provides that “an authority that grants a charter to a charter school to be operated by, or as, a nonprofit public benefit corporation shall not be liable for the debts or obligations of the charter school”. As an independent corporate entity, the petitioners anticipate that the civil liability effects of the operations of the AEACS on the District will be minimal. The charter document states that the District shall be properly indemnified against civil liability claims arising from the school’s actions and operations. Petitioner understands that this indemnification exists to the extent that the District is willing to indemnify the school from claims arising out of the District’s actions and operations and that, where possible, appropriate insurance is available on reasonable terms. We seek to reassure the District by this communication that that the level of risk exposure to the District is minimal. The governance team shall be properly indemnified and the school intends to secure, as noted in the charter, appropriate insurance coverage to protect the school’s assets, staff, etc.

28 We invite your attention as well to the financial information and budget included with the charter and note that sufficient funds are available. The AEACS further identifies its commitment to hold the District harmless from financial obligation in the event of an unbalanced budget, assuming that legislatively guaranteed income sources arrive, per the law, for AEACS use in conformance with the budget. We look forward to establishing appropriate Memoranda of Understanding with the District subsequent to charter approval to legally establish the specifics of our mutual relationship. Further, we do not anticipate that the enrollment of students will cause disruption of District enrollment and staffing planning, considering the relatively low enrollment numbers anticipated to effect the budget model that is included within the charter.

29 Albert Einstein Academy Charter School

A Charter School Proposal

Presented to

The Governing Board of the San Diego Unified School District

Prepared in compliance with the terms, conditions, and requirements of California Education Code 47605 et seq. - The Charter School Act

(As Revised – 4/30/02)

30 Albert Einstein Academy Charter School Proposed Daily Schedule

8am-815am Pledge of Allegiance, Review of Daily Scheducle 8:15am-10:30am Language Arts (135) 10:30am-10:45am Recess 10:45-12:00am Math (90 min) 12:00-12:30pm Lunch 12:30pm-1:50:pm Science (50 min) (MTWTh) PE (F) 1:50pm-2:40 History/social studies (50 min) (TWThF) PE (M) 2:40-3:10pm Drama/Music/Art 3:10pm Dismissal 3:10-4:10 Tutoring

Kindergarten Morning Regular Schedule 12pm-12:30 Lunch 12:30pm-1:50pm Nap/ Dismissal/ Arts/ Music/ Drama

Instructional Minutes Kindergarten 40,700min/year (Ed Code: 36,000 min/year) 1, 2, 3 50,600 min/year (Ed Code: 50,400 min/year) PE 100 min/week (Ed Code: 100 min/week)

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