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California Department of Education Charter School Petition Review Form: Sweetwater Secondary School

Key Information Regarding Sweetwater Secondary School

Table 1

*2017–21 Proposed Enrollment Proposed Grade Span and Build Grade 2017–18 2018–19 2019–20 2020–21 out Plan 7-8 33 40 46 53 9-12 267 320 347 437 Total 300 360 420 480 *Petition only included proposed enrollment from 2017–21

Sweetwater Secondary School (SSS) proposes to locate at the following three sites within the Sweetwater Union High School District (SUHSD): (1) Plaza Bonita Resource Center, 3030 Plaza Bonita Road, National Proposed City, CA 91950 Location (2) Somerset Resource Center, 1655 Broadway, Chula Vista, CA 91911 (3) Heritage Town Resource Center, 10392 East Palomar Street, Chula Vista, CA 91913 On December 12, 2016, the SUHSD voted to accept the Staff Report to Brief deny the SSS petition. On February 8, 2017, the San Diego County History Board of Education (SDCBOE) voted to deny the SSS petition by a vote of three to two. Lead Wade Aschbrenner, Lead Petitioner, SSS Petitioner(s)

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Summary of Required Charter Elements Pursuant to California Education Code (EC) Section 47605(b) Charter Requirements Pursuant to EC Section Meets 47605(b) Requirements Sound Educational Practice (EC Sections 47605[b] and Yes [b][1]) Ability to Successfully Implement the Intended Program Yes (EC Section 47605[b][2]) Required Number of Signatures (EC Section 47605[b] Yes [3]) Affirmation of Specified Conditions (EC Sections *Yes 47605[b][4] and [d]) Exclusive Public School Employer (EC Section 47605[b] Yes [6]) 1 Description of Educational Program Yes 2 Measurable Pupil Outcomes *Yes 3 Method for Measuring Pupil Progress Yes 4 Governance Structure *Yes 5 Employee Qualifications *Yes 6 Health and Safety Procedures Yes 7 Racial and Ethnic Balance Yes 8 Admission Requirements *Yes 9 Annual Independent Financial Audits *Yes 10 Suspension and Expulsion Procedures Yes 11 Retirement Coverage *Yes 12 Public School Attendance Alternatives Yes 13 Post-employment Rights of Employees Yes 14 Dispute Resolution Procedures *Yes 15 Closure Procedures Yes Standards, Assessments, and Parent Consultation (EC Yes Sections 47605[c][1] and [2]) Effect on Authorizer and Financial Projections (EC Yes Section 47605[g]) Teacher Credentialing (EC Section 47605[l]) Yes

Transmission of Audit Report (EC Section 47605[m]) Yes Goals to Address the Eight State Priorities (EC Section **Yes 47605[b][5][A][ii])

* If approved as a State Board of Education (SBE)-authorized charter school, the petition will require amendments pursuant to California Code of Regulations, Title 5

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(5 CCR) Section 11967.5.1. These amendments must be submitted to the California Department of Education (CDE) by July 1, 2017.

**If approved as an SBE-authorized charter school, technical amendments are provided with changes to strengthen the petition and to clarify for monitoring and accountability purposes. These amendments must be submitted to the CDE by October 30, 2017.

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Requirements for State Board of Education-Authorized Charter Schools

EC Sections 47605(b) and (b)(1) Sound Educational Practice 5 CCR Sections 11967.5.1(a) and (b)

Evaluation Criteria

For purposes of EC Section 47605(b), a charter petition shall be “consistent with sound educational practice” if, in the SBE’s judgment, it is likely to be of educational benefit to pupils who attend. A charter school need not be designed or intended to meet the educational needs of every student who might possibly seek to enroll in order for the charter to be granted by the SBE.

For purposes of EC Section 47605(b)(1), a charter petition shall be “an unsound educational program” if it is either of the following:

(1) A program that involves activities that the SBE determines would present the likelihood of physical, educational, or psychological harm to the affected pupils.

(2) A program that the SBE determines not likely to be of educational benefit to the pupils who attend.

Is the charter petition “consistent with sound educational practice?” Yes

Comments:

The SSS petition is consistent with sound educational practice.

The SSS petitioners propose to serve 300 pupils in grade seven through grade twelve in the first year of operation (2017–18) and expand to 480 in the fourth year of operation (2020–21). SSS provides an independent study home school setting with a focus on providing personalized and rigorous academic experiences that demonstrate positive outcomes for each pupil. SSS is dedicated to the creation of instructional, service, organizational, and governance models which can serve as prototypes for educational reform. SSS is committed to collaborative efforts to improve the quality of life for pupils, their families, employees, and the community at-large.

SSS will further ensure long-term sustainability by hiring, developing, and maintaining a highly qualified faculty and staff along with providing a supportive and safe environment for all stakeholders (Attachment 3, pp. 39–40).

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Ability to Successfully Implement EC Section 47605(b)(2) the Intended Program 5 CCR Section 11967.5.1(c)

Evaluation Criteria

For purposes of EC Section 47605(b)(2), the SBE shall take the following factors into consideration in determining whether charter petitioners are "demonstrably unlikely to successfully implement the program":

1. If the petitioners have a past history of involvement in charter schools or other education agencies (public or private), the history is one that the SBE regards as unsuccessful, e.g., the petitioners have been associated with a charter school of which the charter has been revoked or a private school that has ceased operation for reasons within the petitioners’ control.

2. The petitioners are unfamiliar in the SBE’s judgment with the content of the petition or the requirements of law that would apply to the proposed charter school.

3. The petitioners have presented an unrealistic financial and operational plan for the proposed charter school (as specified).

4. The petitioners personally lack the necessary background in the following areas critical to the charter school’s success, and the petitioners do not have a plan to secure the services of individuals who have the necessary background in curriculum, instruction, assessment, and finance and business management.

Are the petitioners able to successfully implement the intended Yes program?

Comments:

The CDE finds that SSS presents a financial plan that can be successfully implemented. However, the CDE will require that SSS maintain a five percent reserve.

Budget

The SSS multi-year projected budget includes the following projected pupil enrollment (Attachment 4):

 300 grade seven through grade twelve pupils in 2017–18  360 grade seven through grade twelve pupils in 2018–19  420 grade seven through grade twelve pupils in 2019–20  480 grade seven through grade twelve pupils in 2020–21

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SSS has projected positive ending fund balances in its multi-year budget for fiscal years (FYs) 2017–18 through 2019–20. The SSS budget includes $500,000 as a beginning cash balance in the cash flow projections with no details or narrative. On March 31, 2017, the petitioner provided a Board Resolution from the Student Success Programs, Incorporated (SSP) doing business as Audeo Charter School (ACS), the Charter School of San Diego (CSSD), and the Laurel Preparatory Academy, regarding the beginning fund balance that was included in the SSS budget. The SSP Resolution states that, the Corporation approves and authorizes all acts and transactions necessary to effectuate the transfer of operational control of the listed resource centers and an amount of their positive net balance of funds to be transferred to Grossmont Secondary School (GSS) and/or SSS, respectively, contingent on GSS and/or SSS being granted a duly authorized charter petition. Further, the Resolution states that, upon confirmation of the listed resource centers’ positive net balance of funds and the granting of a duly authorized charter petition, SSS shall receive no less than $1,084,468 (Attachment 9, pp. 2–3).

To attempt to ascertain the SSS’s resource centers’ positive net balance of funds, the CDE reviewed the FY 2016–17 Second Interim Report for CSSD for the period July 1, 2016, through January 31, 2017, and found no evidence of the specific resource centers’ positive net balance of funds. Therefore, the CDE finds the contingencies in the Resolution to be significant and does not include the $500,000 beginning cash balance as part of the CDE’s assumptions in the review of the SSS projected budget. By excluding the cash the CDE finds that the SSS multi-year budget has an ending fund balance of $118,523 and 4.6 percent reserve in year one, 2017–18. The CDE will require the SSS Board to submit a balanced budget which includes a five percent reserve as required by the SBE, if the actual transfer of funds is not equivalent to the $500,000 of positive net balance of funds included in the SSS multi-year budget. The CDE has included this as a condition inherent to the CDE’s recommendation.

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EC Section 47605(b)(3) Required Number of Signatures 5 CCR Section 11967.5.1(d)

Evaluation Criteria

For purposes of EC Section 47605(b)(3), a charter petition that “does not contain the number of signatures required by [law]” …, shall be a petition that did not contain the requisite number of signatures at the time of its submission …

Does the petition contain the required number of signatures at the Yes time of its submission?

Comments:

The SSS petition contains the required number of signatures.

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EC Sections 47605(b)(4) and (d) Affirmation of Specified Conditions 5 CCR Section 11967.5.1(e)

Evaluation Criteria

For purposes of EC Section 47605(b)(4), a charter petition that "does not contain an affirmation of each of the conditions described in (EC Section 47605[d])" …, shall be a petition that fails to include a clear, unequivocal affirmation of each such condition. Neither the charter nor any of the supporting documents shall include any evidence that the charter will fail to comply with the conditions described in EC Section 47605(d).

(1) [A] charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the California Penal Code. Except as provided in paragraph (2), Yes admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or guardian, within this state, except that any existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school. (2) (A) A charter school shall admit all pupils who wish to attend the school.

(B) However, if the number of pupils who wish to attend the charter school exceeds the school's capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district except as provided for in EC *Yes Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.

(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and, in no event, shall take any action to impede the charter school from expanding enrollment to meet pupil demand.

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EC Sections 47605(b)(4) and (d) Affirmation of Specified Conditions 5 CCR Section 11967.5.1(e) (3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative Yes record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to EC Section 48200. *Yes; Does the charter petition contain the required affirmations? Technical Amendment

Comments:

The SSS petition contains the required affirmations. However, the petition states that SSS shall admit all pupils who wish to attend SSS, and who submit a timely application (Attachment 3, p. 11). Further, the petition states in Element H: Admission Requirements, that after admission, SSS shall have the following requirements that must be met by each pupil and their family before beginning school at SSS (Attachment 3, p. 96):

 Attend an orientation to receive an enrollment packet  Complete enrollment forms including emergency information cards  Provide records documenting immunizations required by charter schools  Signed Parent/Teacher/Pupil Master Agreement  Provide school records and test results  Voluntarily choose to enroll in the school

Technical Amendment:

The CDE recommends a technical amendment to the SSS petition to remove the language regarding the timely submission of an application from the Affirmation and Declaration section.

The CDE recommends a technical amendment to the SSS petition to remove the requirement that each pupil and their family attend an orientation meeting to receive an enrollment packet, from the Element H: Admission Requirements section.

The CDE recommends a technical amendment to the SSS petition to remove the requirement that each pupil and their family provide school records and test results, as it is the responsibility of SSS to obtain the records of the pupil.

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EC Section 47605(b)(6) Exclusive Public School Employer 5 CCR Section 11967.5.1(f)(15)

Evaluation Criteria

The declaration of whether or not the district shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (Chapter 10.7 [commencing with Section 3540] of Division 4 of Title 1 of the California Government Code), as required by EC Section 47605(b)(6), recognizes that the SBE is not an exclusive public school employer and that, therefore, the charter school must be the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act (EERA).

Does the petition include the necessary declaration? Yes

Comments:

The SSS petition includes the necessary declaration.

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The 15 Charter Elements

EC Section 47605(b)(5)(A) 1. Description of Educational Program 5 CCR Section 11967.5.1(f)(1)

Evaluation Criteria

The description of the educational program …, as required by EC Section 47605(b)(5) (A), at a minimum:

(A) Indicates the proposed charter school’s target student population, including, at a minimum, grade levels, approximate numbers of Yes pupils, and specific educational interests, backgrounds, or challenges. (B) Specifies a clear, concise school mission statement with which all elements and programs of the school are in alignment and which conveys the petitioners' definition of an "educated person” in the Yes twenty-first century, belief of how learning best occurs, and goals consistent with enabling pupils to become or remain self- motivated, competent, and lifelong learners. (C)Includes a framework for instructional design that is aligned with the needs of the pupils that the charter school has identified as its Yes target student population. (D)Indicates the basic learning environment or environments (e.g., site-based matriculation, independent study, community-based Yes education, technology-based education). (E) Indicates the instructional approach or approaches the charter school will utilize, including, but not limited to, the curriculum and teaching methods (or a process for developing the curriculum and teaching methods) that will enable the school’s pupils to master Yes the content standards for the four core curriculum areas adopted by the SBE pursuant to EC Section 60605 and to achieve the objectives specified in the charter. (F) Indicates how the charter school will identify and respond to the Yes needs of pupils who are not achieving at or above expected levels. (G)Indicates how the charter school will meet the needs of students with disabilities, English learners, students achieving substantially Yes above or below grade level expectations, and other special student populations.

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EC Section 47605(b)(5)(A) 1. Description of Educational Program 5 CCR Section 11967.5.1(f)(1) (H)Specifies the charter school’s special education plan, including, but not limited to, the means by which the charter school will comply with the provisions of EC Section 47641, the process to be used to identify students who qualify for special education programs and services, how the school will provide or access Yes special education programs and services, the school’s understanding of its responsibilities under law for special education pupils, and how the school intends to meet those responsibilities. Does the petition overall present a reasonably comprehensive Yes description of the educational program?

Comments:

The SSS petition presents a reasonably comprehensive description of the educational program. The SSS petitioner provided a sample scope and sequence for grade eight and grade ten as outlined on pp. 2–92 of Attachment 5, and the SSS course catalog and course descriptions as outlined on pp. 97–139 of Attachment 5.

Educational Program

The SSS petition proposes to serve pupils in grades seven through twelve in an independent study home school program. The SSS will model the educational program after the CSSD authorized by San Diego Unified School District since 1994. SSS proposes to achieve the following objectives:

 Improve pupil learning

 Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving

 Encourage the use of different and innovative teaching methods

 Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at SSS

 Provide parents and pupils with expanded choices in the types of educational opportunities available within the publicly funded school system

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 Hold SSS accountable for meeting measurable pupil outcomes and provide SSS with a method to employ a performance-based accountability system instead of a rule-based system

 Provide vigorous competition within the public school system to stimulate continual improvements in all public schools

The mission of SSS is to facilitate pupil achievement through the implementation of personalized educational programs, thereby demonstrating that standards-based educational reform can provide a prototype for changing the way teachers teach and pupils learn in the future (Attachment 3, p. 39).

The educational vision of SSS is to move pupils forward by developing literate, educated thinkers and achievers who understand their political and social culture; can use mathematics and scientific methods to solve daily problems and contribute to society; and develop positive values.

SSS will issue its own diplomas based on a course of study consistent with California Common Core State Standards (CCSS) and requirements for graduation. SSS will seek accreditation from the Western Association of Schools and Colleges.

Plan for Low-Achieving Pupils

The petition states that SSS will engage at-risk pupils in a Multi-tiered System of Support (MTSS) to participate and excel in school. SSS will immediately identify pupils who are below grade level upon enrollment by administering the Measures of Academic Performance (MAP) English language arts (ELA) and math assessments at intake. Counselors will review the assessment results along with pupil records and academic history to assess pupil overall achievement levels and inform the creation of their Pathways Personalized Education Plan (PPEP) and the initiation of the SSS MTSS. The components of the MTSS are as follows: core instruction; professional learning communities; data collection, monitoring, and reporting; parent training; intervention; high school completion options; and pupil and family services and supports through partnerships. The SSS petition states that pupil progress will be monitored through the systematic PPEP process that requires analysis of pupil achievement measures at least three times throughout the school year. The instructional team, including the parent(s), will determine the supports and services that are most effective with each pupil and identify any additional curricular and instructional supports necessary to support pupil achievement.

Plan for High-Achieving Pupils

The petition states that through the MTSS, SSS will systematically address support for all pupils, including gifted pupils and high achievers. Pupils who demonstrate the ability, through a variety of assessments, to perform above grade level will have a personalized

5/18/2018 2:25 下午 accs-jun17item04 Attachment 1 Page 14 of 50 education plan that reflects their strengths and interests through course selection and planning, differentiation of instruction, opportunities for acceleration, and curriculum enrichment and extension. The instructional team will collaborate to select appropriate courses including honors courses and Advanced Placement courses. The petition states that SSS pupils will be able to demonstrate mastery of subject matter standards at their own pace, giving pupils with advanced skills the option to complete courses in less time. Additionally, high achieving pupils will be afforded the opportunity to be concurrently enrolled in community college courses and to consult regularly with one of SSS’s college counselors. The SSS program for pupils identified as Gifted and Talented Education (GATE) will include acceleration and enrichment through individualized GATE plans that detail instructional strategies and differentiation of curriculum. The SSS petition states that GATE certified instructional leaders and teachers will be provided at each of the resource centers to consult and coordinate the implementation of individualized GATE plans. GATE plans will be reviewed and updated annually by the instructional team.

Plan for English Learners

The SSS petition states that SSS will meet all applicable legal requirements for English learners (ELs) pertaining to annual notification to parents, pupil identification placement, program options, EL and core content instruction, teacher qualifications and training, re- classification to fluent English proficient status, monitoring and evaluating program effectiveness, and standardized testing requirements. The petition further states that SSS will implement policies to assure proper placement, evaluation, and communication regarding ELs and the rights of pupils and parents. The SSS petition states that the home language survey will be administered upon a pupil’s initial enrollment and all pupils indicating that their home language is other than English will participate in the California English Language Development Test (CELDT) within 30 days of initial enrollment and at least annually thereafter between July 1 and October 31 until re- designated as fluent English proficient. The SSS petition states that all ELs will have full access to SSS’s educational program through integrated English Language Development (ELD). Additionally, EL pupils will utilize BrainPOP, a Web-based comprehensive EL learning program that uses highly engaging animated visuals and provides explicit instruction of grammar concepts and academic vocabulary, as well as online courses through Edgenuity. SSS will monitor EL pupil development using: CELDT scores; MAP reading and language usage scores; common benchmark assessments; curriculum embedded assessments; California Assessment of Student Performance and Progress results; and teacher and parent observation. The instructional team will utilize the personalized educational planning process to determine the effectiveness of each EL pupil’s PPEP. When a pupil has not made adequate progress, interventions including additional ELD instruction, instructional aids and supports, and/or community support services will be provided by the SSS academic team.

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Plan for Special Education

The SSS petition states that SSS will comply with all applicable state and federal laws in serving pupils with disabilities, including but not limited to, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Individuals with Disabilities in Education Improvement Act. SSS will be an independent local educational agency member of the El Dorado County Charter Special Education Local Plan Area. The SSS petition identifies a plan for pupils with disabilities, including identification and referral, individualized education program (IEP) meetings, IEP development and implementation, and due process (Attachment 3, pp. 65–70).

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EC Section 47605(b)(5)(B) 2. Measurable Pupil Outcomes 5 CCR Section 11967.5.1(f)(2)

Evaluation Criteria

Measurable pupil outcomes, as required by EC Section 47605(b)(5)(B), at a minimum:

(A) Specify skills, knowledge, and attitudes that reflect the school’s educational objectives and can be assessed, at a minimum, by objective means that are frequent and sufficiently detailed enough to determine whether pupils are making satisfactory progress. It is intended that the frequency of objective means of measuring pupil outcomes vary according to such factors as *Yes grade level, subject matter, the outcome of previous objective measurements, and information that may be collected from anecdotal sources. To be sufficiently detailed, objective means of measuring pupil outcomes must be capable of being used readily to evaluate the effectiveness of and to modify instruction for individual students and for groups of students. (B) Include the school’s API growth target, if applicable. N/A *Yes; Does the petition present a reasonably comprehensive description Technical of measurable pupil outcomes? Amendment

Comments:

The SSS petition presents a reasonably comprehensive description of measurable pupil outcomes that align to the eight state priorities, including specific actions and expected annual measurable outcomes for the term of the petition (Attachment 3, pp. 71–79). However, the SSS petition does not include actions, services, and expected annual measurable outcomes for all subgroups of pupils.

Technical Amendment:

The CDE recommends a technical amendment to revise the SSS petition to include specific goals, actions, and services that align with the eight state priorities for foster youth, economically disadvantaged pupils, and pupils with disabilities.

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EC Section 47605(b)(5)(C) 3. Method for Measuring Pupil Progress 5 CCR Section 11967.5.1(f)(3)

Evaluation Criteria

The method for measuring pupil progress, as required by EC Section 47605(b)(5)(C), at a minimum:

(A) Utilizes a variety of assessment tools that are appropriate to the skills, knowledge, or attitudes being assessed, including, at Yes minimum, tools that employ objective means of assessment consistent with the measurable pupil outcomes. (B) Includes the annual assessment results from the Standardized NA Testing and Reporting (STAR) program. (C)Outlines a plan for collecting, analyzing, and reporting data on pupil achievement to school staff and to pupils’ parents and Yes guardians, and for utilizing the data continuously to monitor and improve the charter school’s educational program. Does the petition present a reasonably comprehensive description Yes of the method for measuring pupil progress?

Comments:

The SSS petition presents a reasonably comprehensive description of the method of measuring pupil progress. The petition describes the assessments of pupil and SSS outcomes, which include state-mandated tests, local assessments and performance indicators, and other measures, as well as the use and reporting of data (Attachment 3, pp. 80–82).

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EC Section 47605(b)(5)(D) 4. Governance Structure 5 CCR Section 11967.5.1(f)(4)

Evaluation Criteria

The governance structure of the charter school, including, but not limited to, the process … to ensure parental involvement …, as required by EC Section 47605(b)(5)(D), at a minimum:

(A) Includes evidence of the charter school’s incorporation as a non- Yes profit public benefit corporation, if applicable. (B) Includes evidence that the organizational and technical designs of the governance structure reflect a seriousness of purpose necessary to ensure that:

1. The charter school will become and remain a viable enterprise. *Yes

2. There will be active and effective representation of interested parties, including, but not limited to parents (guardians).

3. The educational program will be successful. *Yes Does the petition present a reasonably comprehensive description Technical of the school’s governance structure? Amendment

Comments:

The SSS petitions states that SSS shall be a directly funded independent charter school operated by ACS, a California non-profit public benefit corporation, pursuant to California law upon approval of this charter petition. ACS is organized and operated exclusively for educational and charitable purposes pursuant to and within the meaning of Section 501(c)(3) of the Internal Revenue Code. The corporation is responsible for SSS’s operational management and shall operate within the terms and conditions specified in this charter and its governing documents.

All directors shall be designated by the existing Board of Directors. The Board of Directors shall consist of at least three directors unless changed by amendment to the bylaws. Each director shall hold office for six years and until a successor director has been designated and qualified.

Following are the names and biographies of the current Board of Directors:

Mary Searcy Bixby

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Board President

Mary is the Founder and President of CSSD. Gregg Haggart Board Member

As the Chief Executive Officer (CEO) of The Gildred Companies, Gregg leads this privately held company, which has been based in San Diego since 1925.

Tim Morton Board Member

Tim Morton is the CEO of Westland Financial Services.

David Quezada Board Member

Mr. David Quezada has been a teacher in San Diego for over 25 years (Attachment 3, pp. 83–84).

The SSS petition contains the following within the section on parent involvement in governance (Attachment 3, p. 87):

 Pupil/Parent/Teacher Master Agreement

 Regular and frequent verbal, print, and electronic communication

 Home School Compact in the form of Acknowledgement of Responsibilities

 Sharing of positive pupil outcomes and accomplishments

 Teachers receive professional development oriented to the engagement of parents in pupil learning

However, the petition does not describe parental involvement in the governance structure or the role of parents on the existing ACS Board.

Technical Amendment:

The CDE recommends a technical amendment to revise the SSS petition to specifically identify how the SSS Board will ensure parental involvement in the governance of SSS beyond the limited mechanisms currently stated in the petition.

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EC Section 47605(b)(5)(E) 5. Employee Qualifications 5 CCR Section 11967.5.1(f)(5)

Evaluation Criteria

The qualifications (of the school’s employees), as required by EC Section 47605(b)(5) (E), at a minimum:

(A) Identify general qualifications for the various categories of employees the school anticipates (e.g., administrative, instructional, instructional support, non-instructional support). The Yes qualifications shall be sufficient to ensure the health and safety of the school’s faculty, staff, and pupils. (B) Identify those positions that the charter school regards as key in each category and specify the additional qualifications expected Yes of individuals assigned to those positions. (C)Specify that all requirements for employment set forth in applicable provisions of law will be met, including, but not limited *Yes to, credentials as necessary. *Yes Does the petition present a reasonably comprehensive description Technical of employee qualifications? Amendment

Comments:

The SSS petition presents a reasonably comprehensive description of employee qualifications. The petition identifies general qualifications for the following (Attachment 3, pp. 88–91):

 Qualifications for all staff  Administrator qualifications  Teacher qualifications  Office personnel qualifications

However, the petition does not include a job description or required credential(s) for special education (SPED) teachers or the independent study teachers teaching grade nine through grade twelve core, transferrable courses.

Technical Amendment:

The CDE recommends a technical amendment to revise the SSS petition to include the job description and required credential(s) for SPED teachers.

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The CDE recommends a technical amendment to revise the SSS petition to include the job description or required credential(s) for independent study teachers teaching grade nine through grade twelve core, transferrable courses.

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EC Section 47605(b)(5)(F) 6. Health and Safety Procedures 5 CCR Section 11967.5.1(f)(6)

Evaluation Criteria

The procedures …, to ensure the health and safety of pupils and staff, as required by EC Section 47605(b)(5)(F), at a minimum:

(A) Require that each employee of the school furnish the school with a criminal record summary as described in EC Section 44237 and Yes comply with EC Section 44830.1. (B) Include the examination of faculty and staff for tuberculosis as Yes described in EC Section 49406. (C)Require immunization of pupils as a condition of school attendance to the same extent as would apply if the pupils Yes attended a non-charter public school. (D)Provide for the screening of pupils’ vision and hearing and the screening of pupils for scoliosis to the same extent as would be Yes required if the pupils attended a non-charter public school. Does the petition present a reasonably comprehensive description Yes of health and safety procedures?

Comments:

The SSS petition presents a reasonably comprehensive description of health and safety procedures which include the following (Attachment 3, pp. 92–94):

 Procedures for background checks  Role of staff as mandated child abuse reporters  Tuberculosis risk assessment and examination  Immunizations  Medication in school  Vision, hearing, and scoliosis  Diabetes  Emergency procedures  Blood borne pathogens  Drug-free, alcohol-free, smoke-free environment  Facility safety  Comprehensive anti-discrimination and harassment policies and procedures

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EC Section 47605(b)(5)(G) 7. Racial and Ethnic Balance 5 CCR Section 11967.5.1(f)(7)

Evaluation Criteria

Recognizing the limitations on admissions to charter schools imposed by EC Section 47605(d), the means by which the school(s) will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district …, as required by EC Section 47605(b)(5)(G), shall be presumed to have been met, absent specific information to the contrary.

Does the petition present a reasonably comprehensive description Yes of means for achieving racial and ethnic balance?

Comments:

Because the SSS petition does not include specific information to demonstrate that SSS will not comply with the laws governing Element 7, this element is presumed to have been met.

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EC Section 47605(b)(5)(H) 8. Admission Requirements, If Applicable 5 CCR Section 11967.5.1(f)(8)

Evaluation Criteria

To the extent admission requirements are included in keeping with EC Section 47605(b)(5)(H), the requirements shall be in compliance with the requirements of EC Section 47605(d) and any other applicable provision of law. *Yes: Does the petition present a reasonably comprehensive description Technical of admission requirements? Amendment

Comments:

The SSS petition presents a reasonably comprehensive description of admission requirements. The petition states admissions preferences as:

 Pupils currently attending SSS  Residents of the SUHSD  Siblings of existing pupils of SSS  All other pupils (Attachment 3, p. 97)

However, the Affirmations section of the petition also states that SSS shall admit all pupils who wish to attend SSS, and who submit a timely application (Attachment 3, p. 12). Additionally, the petition states in Element H: Admission Requirements, that after admission, SSS shall have the following requirements that must be met by each pupil and their family before beginning school at SSS (Attachment 3, p. 96):

 Attend an orientation to receive an enrollment packet  Complete enrollment forms including emergency information cards  Provide records documenting immunizations required by charter schools  Signed Parent/Teacher/Pupil Master Agreement  Provide school records and test results  Voluntarily choose to enroll in the school

While not entirely clear, it appears that SSS may require certain conditions of admission of parents and pupils. Such a requirement may impede or prevent certain parents’ pupils from enrolling in SSS, thereby making SSS inaccessible to these pupils.

Technical Amendment:

The CDE recommends a technical amendment to the SSS petition to remove the language regarding the timely submission of an application from the Affirmation and Declaration section.

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The CDE recommends a technical amendment to the SSS petition to remove the requirement that each pupil and their family attend an orientation to receive an enrollment packet from Element H: Admission Requirements section.

The CDE recommends a technical amendment to the SSS petition to remove the requirement that each pupil and their family provide school records and test results to receive an enrollment packet from the Element H: Admissions Requirements section.

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EC Section 47605(b)(5)(I) 9. Annual Independent Financial Audits 5 CCR Section 11967.5.1(f)(9)

Evaluation Criteria

The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the SBE’s satisfaction, as required by EC Section 47605(b)(5)(I), at a minimum:

(A) Specify who is responsible for contracting and overseeing the *Yes independent audit. (B) Specify that the auditor will have experience in education finance. Yes (C)Outline the process of providing audit reports to the SBE, CDE, or other agency as the SBE may direct, and specifying the timeline *Yes in which audit exceptions will typically be addressed. (D)Indicate the process that the charter school(s) will follow to *Yes address any audit findings and/or resolve any audit exceptions. *Yes: Does the petition present a reasonably comprehensive description Technical of annual independent financial audits? Amendment

Comments:

The SSS petition presents a reasonably comprehensive description of annual independent financial audits. The petition states that an audit committee of the Board of Directors shall oversee the selection of an independent auditor each fiscal year and the completion of an annual audit of SSS’s financial affairs. The audit committee will develop a specific remediation plan that focuses on the issue identified and presents a timeline for rectifying the concern which shall be submitted to the Board of Directors (Attachment 3, p. 98). The CDE notes that the language in the petition is not specific enough to determine if the Audit Committee is comprised of members of the Board of Directors or if the Audit Committee is an independent committee with members other than members of the Board of Directors.

Technical Amendment:

The CDE recommends a technical amendment to revise the SSS petition to specifically state who the members of the Audit Committee will be and how many members constitute the committee.

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The CDE recommends a technical amendment to revise the SSS petition to include a specific timeline in which audit exceptions will typically be addressed by the SSS Board of Directors.

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EC Section 47605(b)(5)(J) 10. Suspension and Expulsion Procedures 5 CCR Section 11967.5.1(f)(10)

Evaluation Criteria

The procedures by which pupils can be suspended or expelled, as required by EC Section 47605(b)(5)(J), at a minimum:

(A) Identify a preliminary list, subject to later revision pursuant to subparagraph (E), of the offenses for which students in the charter school must (where non-discretionary) and may (where discretionary) be suspended and, separately, the offenses for which students in the charter school must (where non- Yes discretionary) or may (where discretionary) be expelled, providing evidence that the petitioners’ reviewed the offenses for which students must or may be suspended or expelled in non-charter public schools. (B) Identify the procedures by which pupils can be suspended or Yes expelled. (C)Identify the procedures by which parents, guardians, and pupils will be informed about reasons for suspension or expulsion and of Yes their due process rights in regard to suspension or expulsion. (D)Provide evidence that in preparing the lists of offenses specified in subparagraph (A) and the procedures specified in subparagraphs (B) and (C), the petitioners reviewed the lists of offenses and procedures that apply to students attending non-charter public Yes schools, and provide evidence that the charter petitioners believe their proposed lists of offenses and procedures provide adequate safety for students, staff, and visitors to the school and serve the best interests of the school’s pupils and their parents (guardians). (E) If not otherwise covered under subparagraphs (A), (B), (C), and Yes (D):

1. Provide for due process for all pupils and demonstrate an understanding of the rights of pupils with disabilities in regard to suspension and expulsion.

2. Outline how detailed policies and procedures regarding suspension and expulsion will be developed and periodically reviewed, including, but not limited to, periodic review and (as necessary) modification of the lists of offenses for which students are subject to suspension or

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EC Section 47605(b)(5)(J) 10. Suspension and Expulsion Procedures 5 CCR Section 11967.5.1(f)(10) expulsion. Does the petition present a reasonably comprehensive description Yes of suspension and expulsion procedures?

Comments:

The SSS petition presents a reasonably comprehensive description of suspension and expulsion procedures. The petition identifies the grounds for suspension and expulsion of pupils, provides a list of discretionary and nondiscretionary offenses for suspension and expulsion, and outlines procedures by which pupils can be suspended and expelled (Attachment 3, pp. 99–115).

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11. California State Teachers’ Retirement System, California Public Employees EC Section 47605(b)(5)(K) Retirement System, and Social 5 CCR Section 11967.5.1(f)(11) Security Coverage

Evaluation Criteria

The manner by which staff members of the charter schools will be covered by California State Teachers’ Retirement System (CalSTRS), California Public Employees Retirement System (CalPERS), or federal social security, as required by EC Section 47605(b)(5)(K), at a minimum, specifies the positions to be covered under each system and the staff who will be responsible for ensuring that appropriate arrangements for that coverage have been made. *Yes; Does the petition present a reasonably comprehensive description Technical of CalSTRS, CalPERS, and social security coverage? Amendment

Comments:

The SSS petition presents a reasonably comprehensive description of CalSTRS, CalPERS, and social security coverage. However, the petition states that certificated employees of SSS shall be members of CalSTRS and classified employees may be members of CalPERS (Attachment 3, p. 116).

Technical Amendment:

The CDE recommends a technical amendment to revise the SSS petition to specifically state which retirement system will cover SSS classified employees.

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EC Section 47605(b)(5)(L) 12. Public School Attendance Alternatives 5 CCR Section 11967.5.1(f)(12)

Evaluation Criteria

The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools, as required by EC Section 47605(b)(5)(L), at a minimum, specify that the parent or guardian of each pupil enrolled in the charter school shall be informed that the pupil has no right to admission in a particular school of any local educational agency (LEA) (or program of any LEA) as a consequence of enrollment in the charter school, except to the extent that such a right is extended by the LEA.

Does the petition present a reasonably comprehensive description of Yes public school attendance alternatives?

Comments:

The SSS petition presents a reasonably comprehensive description of public school attendance alternatives.

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13. Post-employment Rights of EC Section 47605(b)(5)(M) Employees 5 CCR Section 11967.5.1(f)(13)

Evaluation Criteria

The description of the rights of any employees 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, as required by EC Section 47605(b)(5)(M), at a minimum, specifies that an employee of the charter school shall have the following rights:

(A) Any rights upon leaving the employment of an LEA to work in the Yes charter school that the LEA may specify. (B) Any rights of return to employment in an LEA after employment in Yes the charter school as the LEA may specify. (C)Any other rights upon leaving employment to work in the charter school and any rights to return to a previous employer after working in the charter school that the SBE determines to be reasonable and not in conflict with any provisions of law that apply to the charter Yes school or to the employer from which the employee comes to the charter school or to which the employee returns from the charter school. Does the petition present a reasonably comprehensive description of Yes post-employment rights of employees?

Comments:

The SSS petition presents a reasonably comprehensive description of post-employment rights of employees.

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EC Section 47605(b)(5)(N) 14. Dispute Resolution Procedures 5 CCR Section 11967.5.1(f)(14)

Evaluation Criteria

The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to the provisions of the charter, as required by EC Section 47605(b)(5)(N), at a minimum:

(A) Include any specific provisions relating to dispute resolution that the SBE determines necessary and appropriate in recognition of Yes the fact that the SBE is not a LEA. (B) Describe how the costs of the dispute resolution process, if *Yes needed, would be funded. (C)Recognize that, because it is not a LEA, the SBE may choose to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, provided that if the SBE intends to resolve a dispute directly instead of pursuing the Yes dispute resolution process specified in the charter, it must first hold a public hearing to consider arguments for and against the direct resolution of the dispute instead of pursuing the dispute resolution process specified in the charter. (D)Recognize that if the substance of a dispute is a matter that could result in the taking of appropriate action, including, but not limited to, revocation of the charter in accordance with EC Section Yes 47604.5, the matter will be addressed at the SBE’s discretion in accordance with that provision of law and any regulations pertaining thereto. *Yes; Does the petition present a reasonably comprehensive description Technical of dispute resolution procedures? Amendment

Comments:

The SSS petition presents a reasonably comprehensive description of dispute resolution procedures. However, the petition states that the SSS School Coordinator or designee and the District Superintendent or designee shall informally meet and confer in a timely fashion to attempt to resolve the dispute, no later than five business days from receipt of the dispute statement. Additionally, the petition states that the costs of a mediator shall be split equally between the District and SSS (Attachment 3, p. 119).

The CDE notes that the SSS petitioner included a letter dated January 30, 2017, to the SBE describing changes to the SSS petition necessary to reflect the SBE as the

5/18/2018 2:25 下午 accs-jun17item04 Attachment 1 Page 34 of 50 authorizing entity with regard to Element N: Dispute Resolution. The letter states that the SBE may choose to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, provided that if the SBE intends to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, it must first hold a public hearing to consider arguments for and against the direct resolution of the dispute instead of pursuing the dispute resolution process specified in the charter. Additionally, SSS recognizes that if the substance of a dispute is a matter that could result in the taking of appropriate action, including, but not limited to, revocation of the charter in accordance with EC Section 47604.5, the matter will be addressed at the SBE’s discretion in accordance with that provision of law and any regulations pertaining thereto (Attachment 6, pp. 2–3).

Technical Amendment:

The CDE recommends a technical amendment to revise the SSS petition to include the following language:

 Recognize that the SBE cannot be pre-bound to a contractual obligation to split the costs of mediation.

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EC Section 47605(b)(5)(O) 15. Closure Procedures 5 CCR Section 11967.5.1(f)(15)

Evaluation Criteria

A description of the procedures to be used if the charter school closes, in keeping with EC Section 47605(b)(5)(O). 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.

Does the petition include a reasonably comprehensive description of Yes closure procedures?

Comments:

The SSS petition includes a reasonably comprehensive description of closure procedures.

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ADDITIONAL REQUIREMENTS UNDER EDUCATION CODE SECTION 47605

Standards, Assessments, and EC Sections 47605(c)(1) and (2) Parent Consultation 5 CCR Section 11967.5.1(f)(3)

Evaluation Criteria

Evidence is provided that:

(1) The school shall meet all statewide standards and conduct the pupil assessments required pursuant to EC sections 60605, 60851, and any other statewide standards authorized in statute or Yes pupil assessments applicable to pupils in non-charter public schools. (2) The school shall, on a regular basis, consult with their parents and Yes teachers regarding the school’s educational programs. Does the petition provide evidence addressing the requirements Yes regarding standards, assessments, and parent consultation?

Comments:

The SSS petition provides evidence addressing the requirement regarding standards, assessments, and parent consultation.

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Effect on Authorizer and Financial EC Section 47605(g) Projections 5 CCR Section 11967.5.1(c)(3)(A–C)

Evaluation Criteria

…[T]he petitioners [shall] provide information regarding the proposed operation and potential effects of the school, including, but not limited to:

 The facilities to be utilized by the school. The description of the facilities to be used by the charter school shall specify where the Yes school intends to locate.  The manner in which administrative services of the school are to be Yes provided.  Potential civil liability effects, if any, upon the school and the SBE. Yes The petitioners shall also provide financial statements that include a proposed first-year operational budget, including startup costs, and cash Yes flow and financial projections for the first three years of operation. Does the petition provide the required information and financial Yes projections?

Comments:

The SSS petition provides the required information and financial projections.

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EC Section 47605(l) Teacher Credentialing 5 CCR Section 11967.5.1(f)(5)

Evaluation Criteria

Teachers in charter schools shall be required to hold a California Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold …It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, non-college preparatory courses.

Does the petition meet this requirement? Yes

Comments:

The SSS petition meets this requirement.

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EC Section 47605(m) Transmission of Audit Report 5 CCR Section 11967.5.1(f)(9)

Evaluation Criteria

A charter school shall transmit a copy of its annual independent financial audit report for the preceding fiscal year … to the chartering entity, the Controller, the county superintendent of schools of the county in which the charter is sited …, and the CDE by December 15 of each year.

Does the petition address this requirement? Yes

Comments:

The SSS petition addresses this requirement.

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Goals to Address the Eight State Priorities EC Section 47605(b)(5)(A)(ii)

Evaluation Criteria

A charter school shall provide a description of annual goals for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. **Yes; Does the petition address this requirement? Technical Amendment

Comments:

The SSS petition identifies goals and actions to achieve the eight state priorities schoolwide (Attachment 3, pp. 66–72). However, the SSS petition does not include goals, actions, and expected annual measurable outcomes to address the eight state priorities for all subgroups of pupils, most notably the targeted at-risk pupils, SSS intends to serve.

Technical Amendment:

The CDE recommends a technical amendment to revise the SSS petition to include specific goals, actions, and services that align with the eight state priorities for pupil subgroups including foster youth, economically disadvantaged pupils, and pupils with disabilities.

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Summary of Findings to Deny the Sweetwater Secondary School Charter Petition from the Sweetwater Union High School District

Finding 1: The petitioners are demonstrably unlikely to successfully implement the program presented in the petition.

 The petitioners operate without organizational transparency. The petition omits key organizational information and/or describes an organizational structure that is inconsistent with information that is publicly available and that is likely to hinder proper legal oversight.

 The petitioners have a past unsuccessful history operating other charter schools. Petitioners are demonstrably unlikely to successfully implement the program because they have a past history of failing to operate lawfully and in cooperation with their oversight agencies.

 The petitioners improperly delegate authority to Altus Institute. Petitioners are demonstrably unlikely to implement the program described in the petition because the petitioner’s description of its governance structure is inconsistent with its true manner of operating, as evidenced by publicly available information, including tax records and Altus Institute’s affiliated Web sites. The petition states that SSS shall be governed by the ACS nonprofit Board of Directors in accordance with its adopted corporate bylaws, which shall be consistent with the terms of the charter.

 The petitioners previously diverted significant public funds to Altus Institute. Past fiscal practices and improprieties create liability for both the Charter School and SUHSD.

 The petitioners currently operate Altus Charter Schools in violation of conflict of interest laws applicable to charter schools. The petition and school structure demonstrates an evident disregard for public agency conflict of interest laws. As structured, there is no way for SSS to operate in compliance with conflict of interest laws.

 Altus Charter Schools pays its CEO an excessive amount far above that of public schools. Altus Charter Schools compensates its CEO at exorbitant and disproportionately high salaries and benefits, calling into question whether public funds are being used appropriately to support the schools they were intended to support.

Finding 2: The petition does not contain an affirmation of each of the required conditions (EC Section 47605[b][4]).

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 The petition does not include a clear unequivocal affirmation that SSS will admit all pupils who wish to attend the charter school.

Finding 3: The petition does not contain a reasonably comprehensive description of the required elements of a charter petition (EC Section 47605[b][5]).

 The petition fails to adequately describe its plan for specific subgroups of pupils including ELs, and proposes a program that lacks rigor compared to the District; the petition does not make clear that Career Technical Education teachers will be qualified; Altus Institute’s curriculum is outdated and not in line with current educational standards; the petition provides an educational program that lacks rigor and will not increase pupil academic achievement. Altus Charter Schools have significantly lower graduation rates, higher drop-out rates, and lower California Assessment of Student Performance and Progress scores than that of SUHSD.

 The petition does not provide a reasonably comprehensive description of the governance structure of the charter school including the process to be followed to ensure parent involvement. The petition fails to adequately describe its current operations; there are no assurances in the petition, bylaws, or conflict of interest policy that the charter school and its board will comply with the provisions of Government Code Section 1090, or common law conflicts of interest.

 Lack of parental involvement in governance.

 The petition does not provide a reasonably comprehensive description of the health and safety procedure the charter school will utilize.

Finding 4: The petition presents an unsound education program (EC Section 47605[b] [1]).

 Based on the totality of the program presented in the petition and the petitioners’ prior history operating charter schools in flagrant disregard for the ethics necessary to operate a public school, the proposed SSS will cause educational harm to pupils and is not to be likely of educational benefit to the pupils who attend (5 CCR Section 11967.5.1[b][1]).

Petitioners Response:

Finding 1: The petitioners are demonstrably unlikely to successfully implement the program presented in the petition.

 The District utilizes old data and inaccurate information to come to this conclusion. The District failed to conduct any outreach to SSS, or to base its findings on information specific to the particular petition as required under EC

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Section 47605(b). The petition clearly states that Audeo Corporation is an independent non-profit organization that directly operates its charter schools. The District analysis substantially focuses on information outside of the operation of SSS or Audeo Corporation.

 All Audeo Corporation resource centers are operated within their authorizers’ boundaries. SSS is seeking to operate in compliance with the District’s interpretation of the law. SSS is a proposal to found a new school replicating a highly successful school model, CSSD.

 The bylaws included with the petition state explicitly that Audeo Corporation operates multiple charter schools offering a tested academic model. Given that Audeo Corporation did in fact relay the relationships between the affiliated organization and represented the clear and straightforward current organization of the Audeo Corporation that conforms with the applicable conflicts of interest requirements, District staff’s findings in this regard are false and do not provide a sufficient and appropriate basis to deny the petition.

 The finding of diverting public funds is based on erroneous facts and assumptions.

 SSS and Audeo Corporation cannot move funds around at will, but maintain fund accounting of each school operated by Audeo Corporation resulting in each school’s funds to be distinctly tracked, measured, and reported on.

 The finding relies on inaccurate information, an incomplete review of the petition, and gross assumptions outside the scope of the review of the petition. The President, CEO, and founding Director, is not a paid employee of Audeo Corporation and is compensated by SSP, Inc., the non-profit 501(c)(3) tax- exempt public benefit corporation that operates the CSSD (which is a close affiliate of Audeo Corporation).

Finding 2: The petition does not contain an affirmation of each of the required conditions (EC Section 47605[b][4]).

 The District staff misrepresents and misinterprets the petition information presented in order to come to a hyper-technical objection, which is not an appropriate basis for denial.

Finding 3: The petition does not contain a reasonably comprehensive description of the required elements of a charter petition (EC Section 47605[b][5]).

 The District’s findings have been copied and pasted from Grossmont Union High School District’s findings. The accurate data shows that Audeo Model schools serve the comparable pupil population much better than the existing SUHSD

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programs. This finding lacks a sufficient basis in fact and is not an appropriate basis for denial. The District makes the unsupported assumption that pupils are receiving less personalized attention through the Audeo Corporation program, which is simply untrue. The finding is not permissible or an appropriate basis for denial of the petition.

 The program described in the petition does in fact accurately describe the governance structure of the school and the District fails to take note of any of the supporting governance documents of the school attached to this petition, instead relying nearly exclusively on outdated information.

 This finding is disingenuous and misrepresents the petition. The petition provides for the parent opportunity to participate in publicly noticed board meetings held at school sites, as well as, provides for parent participation in the Local Control Accountability Plan. There is no requirement under law that parents or residents of the District be on the Board in order for parents to meaningfully participate in governance, and District staff fail to point to any supporting authority that this is even an appropriate consideration. This finding is not an appropriate or permissible basis for denial.

 This finding is entirely disingenuous and is hyper-technical in its application. Audeo Corporation conducts all required training for staff for mandated reporting, including meeting all requirements of law related to mandated reporters. This finding is not an appropriate basis for denial.

Finding 4: The petition presents an unsound education program (EC Section 47605[b] [1]).

 The conclusions of the District’s report are inaccurate. The SSS charter does provide a sound educational program and the petitioners are demonstrably likely to successfully implement the program set forth in the petition.

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Summary of Findings to Deny the Sweetwater Secondary School Charter Petition from the San Diego County Board of Education and Petitioner’s Response

Finding 1: The petition presents an unsound education program (EC Section 47605[b] [1]).

 ELD: no ELD content is found within the ELA matrix nor within the general electives courses matrix; the petition does not reference ELD standards to guide instruction nor professional development support in implementing the ELD standards; no ELD course is within the course catalog; ELD reclassification criteria lacks detail; the petition does not have an adequate description of how the needs of the EL will be met in an independent study (IS)/online setting; the petition does not identify subgroups and lacks the annual actions to achieve goals for each of the required subgroups.

 ELA: the petition does not adequately describe the ELA program or how standards will be addressed, additionally, includes examples that do not meet the expectations of the California State Standards for ELA; the petition mentions no speaking, listening, and language development outcomes or assignments; the Standards and the ELA/ELD Framework call for integrated approach where reading, writing, speaking/listening, and language are interwoven throughout the pupil’s learning experience.

 Mathematics: mathematics courses proposed by the petitioner do not appear to meet the expectations of the California State Standards for mathematics; there is no evidence of instructional strategies that would support the intent development of what the petition claims will be a solid conceptual understanding through a focus on problem solving and no specific evidence that pupils will be provided a rigorous mathematical educational experience incorporating the mathematical shifts demanded by the Common Core.

 Physical Education (PE): the petition lists IS/PE as a course elective, however, there is not a course description for the class; specific details about appropriate activities for IS are not described, nor are requirements for any individual/programs that will oversee IS pupils; PE scope and sequence documents are not included in the petition making it unclear if pupils are receiving the eight required curricular areas that are mandated in EC for high school pupils; no description of when/how the Physical Fitness test will be administered and reported to the CDE in grades seven and nine as required by EC; no PE courses are included in the course catalog.

 Science: the petition notes that all science courses will be aligned to Next Generation Science Standards (NGSS). NGSS includes physics, chemistry, biology, earth science, and engineering; there is no mention of engineering. The petition mentions that ninth to twelfth grade pupils will be required to take physics

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or chemistry and biology, and mentions earth science as an elective versus an A–G “d” level science course. Chemistry is described as a course that is designed for pupils who have demonstrated considerable interest and outstanding achievement in science and math, denying access to pupils who do not meet the school imposed criteria. It is unclear how pupils will engage in investigation with only online courses.

Finding 2: The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition (EC Section 47605[b][2]).

 5 CCR Section 11967.5(c)(1–4), provides four criteria to take into consideration in determining whether charter petitioners are demonstrably unlikely to successfully implement the program. Based on the information provided, the review team determined that the petition failed to meet all of the criteria.

o Criteria 2: the petitioners are unfamiliar with the content of the petition or requirements of law that would apply to the proposed charter school; the CELDT annual testing window has changed for the 2017–18 school year; EC Section 47605(g) requires petitioners to provide information about the potential effects of the charter school. The petitioner proposes to have one nonprofit operate multiple independent charters, and liability by one charter could impact the financial viability of the others.

o Criteria 3: the petitioners have presented an unrealistic financial and operational plan for the proposed charter school. The petitioner’s financial plan includes significant costs in professional services, but only identifies marketing and oversight fees. There is no detail for the remaining 60 percent; the petitioner fails to support enrollment assumptions for the first year of 300 pupils, or subsequent years with increases of 20 percent, 17 percent, and 14 percent, respectively; cash flow projections provided by the petitioners indicate $500,000 in beginning working capital, but neither the petition nor its appendices adequately disclose the origin.

Finding 3: The petition does not contain reasonably comprehensive descriptions of each of the required charter elements (EC Section 47605[b][5]).

 The Review Team determined that several of the required elements are not reasonably comprehensive:

o Element 1: Description of Educational Program/plan for pupil academic achievement: the petition’s anticipated Western Association of Schools and Colleges (WASC) accreditation in year one and states approval of A– G list, with University of California, occurring after initial WASC accreditation is in conflict with state priorities regarding access and could

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be a potential barrier for pupils transferring back to a public high school and for those trying to meet college entrance requirements.

o Element 2: Measurable Pupil Outcomes: pupil outcome statements for core content areas are very general and schoolwide performance goals for academics are not listed; the petition lacks description of annual academic achievement outcomes both school wide and for all subgroups.

o Element 4: Governance Structure: the process followed by the charter school to ensure parental involvement is not identified in the petition.

o Element 5: Employee Qualifications: the petition does not explicitly identify core or non-core courses; there is no mention of Designated Subjects/Career Tech Education classes and the certification of the teachers delivering that instruction.

o Element 7: Racial and Ethnic Balance: strategies listed to meet legal requirements are general and do not address how SSS will target specific ethnic or racial groups to establish the balance that reflects the general population within the territorial jurisdiction of the district.

o Element 8: Admission requirements: the petition states: SSS shall admit all pupils who wish to attend SSS, and who submit a timely application, imposing an admission requirement not supported by EC.

o Element 11: Employee Retirement Systems: the petition states that certificated employees will be covered under the CalSTRS, but states that classified employees may be covered under CalPERS, failing to identify if all or only certain classified positions will participate in CalPERS.

o Element 16: Charter School Closure Procedures: the closure procedures indicate all apportionments and revenue remain the property of ACS and any net assets will only be re-distributed in the event of the ACS’s closure. The same corporation operates other charter schools and corporate articles further allow for the addition of other related public charter schools in the future.

Petitioners Response

Finding 1: The petition presents an unsound education program (EC Section 47605[b] [1]).

 The SSS petition clearly articulates the ELD program for ELs. The ELA matrix does not intend to describe course content or alignment of standards, instead, the matrix serves as a reference for grade level offerings. Courses are aligned to

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both the California State Standards for ELA and ELD standards for reading, writing, listening, and speaking. The petition clearly references ELD curriculum and professional development support for ELD implementation; SSS follows CDE guidelines for EL reclassification and clearly states how SSS monitors EL pupil development through the personalized educational planning process. The county finding goes beyond the legal requirement and should not be used as a legal basis for denial of the SSS charter petition.

 The ELA finding is based on an inaccurate reading of the SSS charter petition and should be disregarded by the SDCBOE. The ELA courses are all submitted and approved by the University of California for A–G approval; all of the ELA courses are based on the CCSS and reading, writing, listening, and speaking are integrated throughout each pupil’s learning experience.

 The level of detail expected by the county staff goes far beyond the legal requirements set forth in EC Section 47605(b). SSS will use Edgenuity (online content provider and a textbook based curriculum) for middle and high school math.

 The finding goes beyond the legal requirements of charter schools regarding PE. The SSS petition does not include PE minute requirements, but does describe its PE courses available to pupils and skills to which SSS is bound. The SSS petition affirms that the school will administer the Physical Fitness Test.

 The finding goes far beyond the legal requirements set forth in state law and should not be used as a legal basis for denial of the SSS charter petition. A screen shot of currently approved “d” laboratory science courses for which pupils can select, was provided to SDCBOE.

Finding 2: The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition (EC Section 47605[b][2]).

 Criteria 2: SSS is aware and familiar with California’s assessment transition in regards to EL proficiency assessment. The petitioners have extensive experience administering state tests and both the CELDT and the English Language Proficiency Assessments for California will be administered during the 2017–18 school year.

 Criteria 3: the professional/consulting services/operating expenses are delivered by an independent contractor that offers services to the public and also includes all related expenditures covered by personal service contracts. There is no requirement that the budget lay out each individual expense or category of proposed expenditures within the petition budget, and to develop findings on the basis of not including such level of detail is clearly inappropriate; SSS will operate three resource centers within the boundaries of SUHSD. SSS enrollment

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and average daily attendance projections are based on historical data trends and past performances; the enrollment assumptions in the petition are supported by current outreach and marketing performance data and by the enrollment statistics from SUHSD high schools and alternative programs. The $500,000 of working capital represents a conservative estimated ending fund balance for Plaza Bonita Resource Center for this current FY, 2016–17, that is generated by the pupil attendance at this specific resource center.

Finding 3: The petition does not contain reasonably comprehensive descriptions of each of the required charter elements (EC Section 47605[b][5]).

o Element 1: Description of educational program/plan for pupil academic achievement: as SSS will be considered a new school for purposes of the CDE and accreditation purposes, there is no possible way to achieve WASC accreditation or A–G approval prior to opening the school or prior to the petition being approved. The resource centers proposed for the SSS are currently operated by CSSD which has current WASC accreditation and fully approved A– G course approval. As the SSS proposed to continue this program, there is no reason to believe the WASC accreditation and A–G approval would not occur in line with state priorities.

o Element 2: Measurable Pupil Outcomes: the petition demonstrates that SSS incorporates all of the applicable required metrics for the related state priorities. Given that the outcomes are clearly identified in the petition, this finding is not an appropriate basis on which to deny the petition.

o Element 4: Governance Structure: parents are welcomed and encouraged to attend and participate in the governance of the school by attending Brown Act compliant publicly noticed Board meetings of Audeo Corporation, which are held at school sites operated by Audeo Corporation. County staff provide no specific finding of fact to support the assertion that governance by the non-profit Audeo Corporation is somehow concerning, and fail to recognize the fact that multiple perspectives (including parents’) are in fact represented on the Board. The allegation of concern is unfounded, as attested to by the success of the school’s program throughout the San Diego County area for the previous 20 years; the Charter Schools Act does not require a description of the number of meetings or for the petitioner to provide a detailed listing of the locations of the meetings. The allegation that the governance does not reflect a seriousness of purpose is misplaced and denigrates the assistance and guidance of the Audeo Corporation Board, which has implemented and overseen a highly successful charter school program. The alleged finding is not a sufficient basis on which to deny the Petition.

o Element 5: Employee Qualifications: the petition does in fact include a description of certification of teachers for designated subjects/career tech

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education; there is no requirement under the Charter Schools Act that the petition explicitly identify core or non-core courses. As such, the alleged finding is not a sufficient basis on which to deny the petition.

o Element 7: Racial and Ethnic Balance: as described throughout this response as well as in the petition, SSS will deploy an integrated marketing plan to support organizational growth and to reach SSS target audience.

o Element 8: Admission Requirements: the county staff misinterprets the petition information presented in order to come to a hyper-technical objection, which is not an appropriate basis for denial.

o Element 11: Employee Retirement Systems: the finding fails to take into account the requirements for participation in the CalPERS for classified employees of charter schools, which is not automatic, and which requires an application period. All eligible employees of SSS will be provided the ability to participate in a defined retirement program.

o Element 16: Charter School Closure Procedures: the finding does not provide any details indicating a failure to meet the standard described and as required under EC Section 47605(b)(4) and as such, the alleged finding is not an appropriate basis on which to deny the petition.

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