l Page 9 June 14, 2011

Three Rivers School District

8550 New Hope Rd • PO Box 160 • Murphy OR • 97533 • 541.862-3111 • Fax 541.862.2873

June 9, 2011

To: The Oregon State Board of Education

From: Peter Maluk, Director of Federal Programs, Three Rivers School District

Re: Oregon State Board of Education Hearing regarding Woodlands Charter School’s Application to the Three Rivers School District

The Three Rivers School District has twice denied (February 7, 2011 and March 7, 2011) the Woodland Charter School’s (WCS) application to create a charter in our district. The district wishes to elaborate on the reasons for denial. We have received the report of the ODE Review Panel and understand that ODE is recommending denial of state sponsorship for the WCS. The district wishes to address more extensively the adverse impact criteria and other aspects of the application.

The district firmly believes that the following information clearly reinforces that the Woodland Charter School would create an adverse impact that would worsen an already critical situation. We challenge the comments of one of the ODE reviewers who wrote: “Finally, the mere existence of a charter school law demonstrates that whatever the actual cost may be, the state considers it an acceptable price to pay for the other benefits inherent in making good charter schools available to students.”

This is a sheer misrepresentation of ORS 338.055 (2). It is out of compliance with the law for a reviewer to make such an assertion. Three Rivers School District believes it is the SBE’s responsibility in this case to cite adverse impact as a real case for denial.

Adverse Impact (ORS 338.055(2))

· The Three Rivers School District believes the WCS’s proposal will have immediate and measurable negative impacts upon all district schools, students, families and staff.

· The district has made a concerted effort to find every possible means to cut costs without affecting quality instruction.

· Our schools have done an excellent job of meeting state requirements and AYP expectations despite the consistent cuts. (Please see Appendix A: May 11, 2011 Three Rivers School District Public Budget Message).

· We believe it is the SBE’s responsibility to assure that there is adequate and consistent support for K-12 school districts and that it should not make decisions that create hardships on districts that necessitate further cut backs due to a charter proposal such as before you now.

· Three Rivers School District notes that the SBE rescinded the Charter School Revolving Loan Fund last year placing the full burden of sponsoring charters on the shoulders of districts that are struggling with severe financial issues.

· We further emphasize the dire economic circumstances that currently exist in Oregon. The situation has been strongly reinforced by public comments from the ODE Superintendent Susan Castillo and Governor Kitzhaber who both have acknowledged that in 2011-2013 inadequate funding will be provided to public schools districts.

· Three Rivers School District’s rejection of the WCS’s application should not be measured by SBE like any denial that has come forth in the past to the SBE. We cannot in any way be considered an affluent community or district that can just absorb the initial costs of another charter with an adequate Ending Fund Balance. Our EFB has consistently been reduced each year and is now at a very unacceptable total to start the 2011-2012 school year (Appendix B). We have absorbed cuts to the extreme and are now left with nothing but cutting days to create a balanced budget.

· Three Rivers School District has experienced a consistent and dramatic decrease in enrollment since the 1996-97 school year. From a high of 6,612 in 1996, present enrollment is at 4,966, a loss of 15%. (See Appendix B)

· In 2010, the childhood poverty rate has risen to above 30% in Josephine County. The district’s current Free/Reduced lunch district average is now nearly 70%. Our homeless count is above 7%. All are among the very highest in the state.

· Three Rivers School District is an extremely large geographical school district that is larger than the state of Rhode Island. Within this large area we transport children to and from our 14 schools plus several other alternative or special education sites. Our buses travel on rural, hilly roads nearly 8,000 miles per day. Travel times are slow and long for students. Over an hour and up to an hour and half is not uncommon for students. The cost of transportation is over $4,000,000 annually, which is above 10% of the general budget. Compared to other districts with similar enrollments, this is an extraordinary challenge for Three Rivers School District.

· During these years of consistently making budget cuts, all alternatives have been considered. Unlike other districts that are now experiencing a budget decline for the first time, Three Rivers School District does not have to ability to cut positions such as elementary art, music, counselors, PE teachers and professional school librarians. These positions and programs do not exist. We have already made reductions in secondary electives and vocational programs. The district has now reached a point where there are no other options but to drastically cut days and staff and to raise class sizes.

· In order balance the current 2010-2011 budget, this year alone we have made the following cuts affecting personnel:

o No Cost of Living raise

o No increase or minimal increase in insurance cap

o Reduction of 5 licensed and 4.5 classified personnel

o 15 day reduction to all contracts

In the 2010-2011 school year the district has had to cut 15 days out of the regular school year. Eleven of those days were instructional. As a result, Three Rivers School District did not meet state required instructional hours and had to file a waiver.

· The 2011-2012 calendar was approved this May with 6 days cut established already and a clear decision to cut more if the Woodland Charter is approved by the state.

· If the SBE sponsors the opening of the WCS, it will result in an additional loss of instructional days for all students and further loss of salary to all staff. In essence we would be shortchanging 5,000 students, the bulk of which are in poverty and at risk for a number of educational challenges that require a consistent comprehensive program, for the sake of a few.

· For the 2011-2012 school year, Three Rivers School District has already cut 34 teaching positions, 12 classified, and 2 administrative positions. In addition, all staff has received no cost of living raise, no increase in insurance cap, and as stated, a 6 day reduction to all employees’ contracts.

· For 2011-2012, the district has raised class sizes to an all time high K-5: 30; 6-8: 32; 9-12: 35 in all classes.

· In the last 3 years, Three Rivers School District’s has had the inability to adhere to the state required instructional materials adoption schedule due to economic challenges created by declining enrollment.

· WCS states that acceptance of their proposal would add students and funding to the Three Rivers School District. While this may eventually be so, our enrollment trend clearly indicates that the district will need to continue to make cuts to its current K-12 programs and schools for at least another 5-6 years before any financial advantage is realized.

· With a charter school rate of $6,051 per ADMw, if Woodland Charter claimed 85 ADMw in 2011-12 the amount required for TRSD to pass through to them would be:

o At 80% flow through - $411,468

o At 90% flow through - $462,902

o At 95% flow through - $488,618

o (For the purposes of this discussion, we will assume a flow through rate of 95% because if the State sponsors the charter school we will be required to use this flow through rate.)

What does $488,618 mean to our district?

o More than 3 instructional school days or

o 7 licensed teachers or

o The entire Williams Elementary School’s 2010-2011 budget

· Three Rivers School District would like to correct one ODE Reviewer’s statement that: “According to the enrollment data provided in the application, the overwhelming majority of the students would have come from home schooling situations and even more from outside the districts or private schools. So many, in fact, that had the school district approved this application with the 85% of state school support mechanism, the district would have experienced a net increase in state school support.” At issue is that the district is paid on EITHER the current year’s estimated ADMw or the prior years ADMw, whichever is higher. Therefore, in a declining enrollment, even if new students are added to the ADMw count, the district will not receive more money. It will cost the district the full amount of pass-through the first year. Example:

o 2010-11 ADMw – 5666.1

o 2011-12 estimated ADMw – 5481.1

· Even if 85 Woodland students were added to the 2011-12 ADMw, that would total 5566.1 ADMw and there would be no increase in revenue from the state.

· Just last year the Three Rivers School District sponsored the Sunny Wolf Charter School, which opened in 2010. Three Rivers School District is supportive of charters that provide choice and equity for all. This is not the time to force Three Rivers School District to finance another charter to the detriment of the nearly 5,000 currently invested children and their families.

338.015 Legislative intent; goals

In addition, The Three Rivers School District challenges WCS’s proposal based on the following points:

· ORS 328.015 (5) states that a charter school should “encourage the use of different and innovative learning methods.” WCS has proposed a Waldorf model that stresses the use of developmentally based curriculum and teaching methods, hands-on learning and integration of the arts. It references concentrated learning blocks and interdisciplinary programs.

· The targeted area for the WCS is in the southeast area of Josephine County known as Applegate Valley containing Williams School (enrollment=78) and Applegate School (enrollment=108). These 2 small community based schools embrace a similar philosophy and methods as well. Both schools have had years of success and both have been rated Outstanding by Oregon School Report Card system within the last 2 years. Both have tremendous community support.

· Both the Williams and Applegate communities and school staff have fought hard to keep these small schools open when proposals have come forward to close them due to budgetary concerns. These supporters feel very threatened by the potential of the WCS drawing students from their current school and forcing closure. The community has become polarized by the current WCS application which is directly in conflict with the legislative intent of ORS 338.015 (4) which requires “that charters build stronger working relationships among educators, parents and other community members.”

· Quote from ODE reviewer: “These are rural schools with small student populations. This will draw students from the public schools (Applegate – 118 Students) and set up 3 small schools, causing revenue shortages for all schools. There is not enough population in this area to support this specialized instructional model – in a larger metro area – there are enough students and families to support this specialized model.”

· This was reinforced by another reviewer who wrote: “At this time, the funding for the charter would take funding away from 2 community elementary schools that already are providing a strong educational community for area residents. The district is trying to keep the 2 small schools open to serve these remote rural communities – the opening of a 3rd elementary school (Woodland Charter) could jeopardize the health of the other 2 public schools and possibly cause their closure if enrollment is affected.”

· The district made many suggestions about the possibility of a centralized site in the district as being more equitable, but the WCS board refused to consider that option. A centralized site in Josephine County would be more accessible to the majority of county residents.

· In addition, Three Rivers School District challenges the claim that WCS is a unique opportunity for Three Rivers School District students. The opportunity to attend a Waldorf charter already exists in Southern Oregon. As a matter of fact, a Waldorf Public Charter already exists in the Medford School District (Madrone Trail Charter School) and is more accessible and closer to most district families than a site in Williams or Applegate would be.

· ORS 338.015 (6) states that charters should “provide opportunities in small learning environments for flexibility and innovation.” Given the enrollments at both Williams and Applegate, small instructional learning environments already exist and have historically been proven to be very successful.

· As one ODE reviewer said of the WCS proposal: “This reviewer agrees with the words of an Applegate community member when they stated, ‘We feel that our school provides a top-notch education for its students and the proof is that we are an OUTSTANDING Oregon School. We understand the need for charter schools in an area where there is no school available, such as Wolf Creek, however we already have and excellent school in our local community. We offer arts, music, drawing, painting, dance, sculpting, general crafts, sciences, and extra-curricular activities on our campus in addition to core subjects.’ ”

338.055 (c)

Three Rivers School District also continues to question WCS’s commitment to 338.055 (c) The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs to students pursuant to an approved proposal.