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California Department of Education
Charter School Petition Review Form:
Oxford Preparatory Academy Chino Valley
Key Information Regarding Oxford Preparatory Academy Chino ValleyProposed Grade Span and Build out Plan / Table 1
2017–22 Proposed Site Based Enrollment
Grade / 2017–18 / 2018–19 / 2019–20 / 2020–21 / 2021–22
TK/K / 123 / 121 / 121 / 121 / 121
1 / 120 / 93 / 120 / 96 / 96
2 / 120 / 124 / 93 / 120 / 96
3 / 132 / 124 / 124 / 93 / 120
4 / 120 / 132 / 124 / 124 / 93
5 / 96 / 120 / 132 / 124 / 124
6 / 96 / 96 / 120 / 132 / 124
7 / 120 / 96 / 96 / 120 / 132
8 / 99 / 120 / 96 / 96 / 120
Total / 1026 / 1026 / 1026 / 1026 / 1026
Table 2
2017–22 Proposed Independent Study Enrollment
Grade / 2017–18 / 2018–19 / 2019–20 / 2020–21 / 2021–22
TK/K / 30 / 30 / 30 / 0 / 0
1 / 36 / 22 / 17 / 33 / 18
2 / 29 / 36 / 22 / 17 / 37
3 / 29 / 29 / 36 / 22 / 17
4 / 12 / 29 / 29 / 36 / 22
5 / 12 / 12 / 29 / 29 / 36
6 / 13 / 12 / 12 / 29 / 29
7 / 17 / 13 / 14 / 14 / 29
8 / 22 / 17 / 13 / 12 / 12
Total / 200 / 200 / 200 / 200 / 200
Proposed Location / Oxford Preparatory Academy Chino Valley (OPACV) is currently located at 5862 C Street, Chino, California, 91701.
Brief History / OPACV has been authorized to operate by the Chino Valley Unified School District (CVUSD) since 2010. The OPACV current term ends June 30, 2017.
On November 28, 2016, the CVUSD Board voted to deny the OPACV charter renewal petition by a vote of five to zero. OPACV submitted the OPACV renewal petition to the San Bernardino County Board of Education (SBCBOE) on December 20, 2016, on appeal. On January 3, 2017, SBCBOE took action to not receive the renewal petition or establish a timeline for consideration of the OPACV appeal.
Lead Petitioner(s) / Denise Pascoe, Interim Executive Director, Oxford Preparatory Academy (OPA)
Andrew Crowe, Interim Managing Director, OPA
The following people and titles are listed in the OPACV charter renewal petition as lead petitioners. However, OPA has experienced personnel changes and most of the lead petitioners are no longer employed at OPA or have a new role. (Attachment 6):
· Barbara Black, Executive Director, OPA*
· Monica Power, Managing Director, OPA*
· Jared McLeod, Chief Operations Officer, OPA*
· Amy Valenzuela, Chief Academic Officer, OPA*
· Andrew Crowe, Chancellor, OPACV **
*no longer employed by OPA
**currently the Interim Managing Director
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Summary of Required Charter Elements Pursuant toCalifornia Education Code (EC) Section 47605(b) /
/ Charter Requirements Pursuant to EC Section 47605(b) / Meets Requirements /
/ Sound Educational Practice (EC Sections 47605[b] and [b][1]) / Yes /
/ Ability to Successfully Implement the Intended Program (EC Section 47605[b][2]) / No /
/ Required Number of Signatures (EC Section 47605[b][3]) / NA /
/ Affirmation of Specified Conditions (EC Sections 47605[b][4] and [d]) / Yes* /
/ Exclusive Public School Employer (EC Section 47605[b][6]) / Yes /
1 / Description of Educational Program / Yes /
2 / Measurable Pupil Outcomes / Yes /
3 / Method for Measuring Pupil Progress / Yes /
4 / Governance Structure / No /
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 Sections 47605[c][1] and [2]) / Yes /
/ Effect on Authorizer and Financial Projections (EC Section 47605[g]) / Yes /
/ 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 47605[b][5][A][ii]) / Yes /
*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 (5 CCR), Section 11967.5.1. These amendments must be submitted to the California Department of Education (CDE) by July 1, 2017.
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Requirements for State Board of Education-Authorized Charter Schools
Sound Educational Practice / EC Sections 47605(b) and (b)(1)5 CCR Section 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 OPACV petition does adequately describe an educational program that is likely to be of educational benefit to all pupils who attend. The petition provides a comprehensive description of the educational program as it pertains to pupils in Transitional Kindergarten (TK) through grade eight. OPACV provides a plan to support pupils with disabilities, English learners (ELs), high-achieving pupils, and low-achieving pupils (Attachment 3, pp. 53–118).
Educational Program
OPACV currently operates a TK through grade eight school located within the CVUSD boundaries. The mission of OPACV is to work collaboratively to develop life-long learners in a safe and caring educational environment where pupils are challenged, scholarship is expected, and differences are valued. OPACV’s program is specifically designed to prepare pupils to enter competitive colleges and universities worldwide. OPACV fulfills this mission by:
· Emphasizing high academic standards, respect, patriotism, and courtesy
· Providing a structured environment conducive to learning
· Expecting active parent participation and support of school policies and programs
· Implementing the theory of Multiple Intelligences as part of instruction and personalized learning
· Offering ongoing teacher and parent training
· Maintaining consistent communication between home, school, and community
· Engaging in community service-based civic learning activities embedded throughout grade level/subject standards instruction
· Ensuring all pupils are at least performing at grade level on all state adopted standards, per applicable state and federal accountability requirements
· Including world languages as part of the curriculum
· Developing and revising, on a yearly basis, the Game Plan for Success (effective instruction, instruction based on California Standards, data driven instruction, intervention, and address barriers) (Attachment 3, pp. 54–56)
OPACV provides a rigorous academic curriculum within a pupil-centered environment, which enables pupils to be successful in further academic pursuits. All pupils are held to high academic and behavioral standards and perform service within the greater community. Classes are engaging and motivating which supports an environment where pupils are empowered to think, create, and explore at the highest levels of learning. OPACV pupils shall graduate prepared to attend a four-year college and receive a baccalaureate degree.
The theory of Multiple Intelligences, research-based instructional strategies and evidence-based practices, standards-based sequential curriculum, Gifted and Talented Education (GATE) strategies, civic learning, and Bloom’s Revised Taxonomy drive the educational philosophy of OPACV. Pupils are provided an inspirational learning environment, rigorous academic standards, and a challenging curriculum enriched with higher level questioning and global mindedness. OPACV creates a scholarship-rich environment enabling pupils to become self-motivated, competent, and lifelong learners. The OPACV petition states it will use the following instructional methodologies to support pupil learning: Theory of Multiple Intelligences, research-based strategies and evidence-based practices, project-based learning, standards-based instruction through Backwards Design, GATE strategies, civic learning, and Bloom’s Revised Taxonomy (Attachment 3, pp. 57–67).
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Ability to Successfully Implement the Intended Program / EC Section 47605(b)(2)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 program? / No
Comments:
The CDE finds that the OPACV petitioners are not likely to successfully implement the intended program. The CDE has concerns regarding the fiscal and operational plan for OPACV given the findings presented in the Fiscal Crisis and Management Assistance Team’s (FCMAT) Extraordinary Audit, November 22, 2016 (Attachment 9). Based on the findings presented in the FCMAT report, OPACV may have engaged in fraud, misappropriation of assets or other illegal activities.
Fiscal Crisis and Management Assistance Team Extraordinary Audit
Pursuant to EC Section 1241.5(c), a county superintendent may review or audit the expenditures and internal controls of any charter school in the county if there is reason to believe that fraud, misappropriation of funds, or other illegal fiscal practices have occurred that merit examination. On November 23, 2015, the CVUSD Superintendent expressed concerns in a letter to the San Bernardino County Superintendent of Schools (County Superintendent) regarding allegations of conflict of interest and self-dealing by OPA. The allegations included multiple fiscal irregularities, questionable expenditures, and inappropriate related-party transactions at OPACV based on a preliminary investigation conducted by CVUSD. Due to concerns that the allegations may have violated various statutes related to fraud and/or misappropriation of assets, the County Superintendent initiated an investigation to determine whether sufficient evidence of criminal activity exists to report the matter to the local district attorney’s office for further investigation.
In July 2016, the Office of the County Superintendent entered into a contract with FCMAT to perform an Assembly Bill 139 extraordinary audit of OPACV regarding the alleged fraud, misappropriation of funds, and possible illegal activity in the OPA organization.
Audit Scope and Procedures
FCMAT began fieldwork in August 2016 which included interviews, collecting data, and documentation review. Interviews were conducted with county and district staff, OPACV executive director and executive team, and meetings with business office staff, current and former OPACV employees, OPACV back-office provider, and OPACV independent auditor. FCMAT also reviewed, analyzed, and tested records that included, but were not limited to, audited financial statements, financial records, support documentation, board minutes, memorandums of understanding, emails, contracts, payroll records, and other documentation from independent third party and governmental sources.
FCMAT identified the following OPA organizational entities, affiliated organizations, and executive staff that include, but are not limited to:
· OPA, a nonprofit public benefit corporation formed to manage and operate OPACV and OPA-South Orange County (SOC), authorized by the CUSD
· OPA Schools (OPAS), a nonprofit public benefit corporation, formed in 2013, as the charter management organization (CMO) over OPA
· OPA Alliance (OPA-Alliance) – OPAS was renamed OPA-Alliance
· Edlighten Learning Solutions (ELS) – OPA-Alliance was renamed ELS, the CMO and sole statutory member of OPA
· Epic Youth Services, LLC, a for-profit company that provided financial and consulting services to ELS
· Educational Excellence, LLC, a for-profit limited liability company that provided services to ELS, whose founder is Brian Roche (Sue Roche’s son)
· Sue Roche, founder of OPA, former chief executive officer (CEO) and former executive director of OPA and ELS
· Barbara Black, CEO and executive director of OPA (resigned effective December 6, 2016 [Attachment 14])
Audit Findings
As a result of the fieldwork completed, FCMAT’s final audit report identified findings that include, but are not limited to the following:
· The lack of internal controls at OPA and relationships between the founder, relatives, and close associates, and the founder’s other nonprofit public and private corporations created an environment that made it possible for fraud to occur.
· Conflict of interest at OPA including, but not limited to, charter officials participating in the decision-making process and exercising considerable influence that had major financial implications without full disclosure to the governing board.
· Transactions that involved self-dealing with the founder’s nonprofit and for-profit corporations allowing the founder, relatives, and close associates to gain financially, including funneling funding from OPA charter schools.