accs-dec17item03
Attachment 1
Page 1 of 47
CALIFORNIA DEPARTMENT OF EDUCATION CHARTER SCHOOL PETITION REVIEW FORM:PROMISE ACADEMY
Key Information Regarding Promise Academy
Proposed Grade Span and Build-out Plan
Table 1: 2018−23 Proposed Enrollment
Grade / 2018–19 / 2019–20 / 2020–21 / 2021–22 / 2022–23TK* / 35 / 35 / 35 / 35 / 35
K** / 35 / 35 / 35 / 35 / 35
1 / 35 / 35 / 35 / 35 / 35
2 / 35 / 35 / 35 / 35 / 35
3 / *** / 35 / 35 / 35 / 35
4 / *** / *** / 35 / 35 / 35
5 / 35 / 35 / 35 / 35 / 35
6 / 35 / 35 / 35 / 35 / 35
7 / *** / 35 / 35 / 35 / 35
8 / *** / *** / 35 / 35 / 35
9 / *** / *** / *** / 35 / 35
10 / *** / *** / *** / *** / 35
11 / *** / *** / *** / *** / ***
12 / *** / *** / *** / *** / ***
Total / 210 / 280 / 350 / 385 / 420
*TK–transitional kindergarten
**K–kindergarten
***Grade levels not served
The California Department of Education (CDE) finds that the build-out plan that Promise Academy (PA) presented is for seven years, 2018–19 through 2024–25 (Attachment 3, p. 12 and p. 35) and that 2023–24 and 2024–25 (year six and year seven) are outsideof a five-year term for the establishment of a charter school.
Proposed Location
PA intends to operate within the boundaries of the San Jose Unified School District (SJUSD), close to the downtown area of the SJUSD, primarily within zip code 95112 or 95116. In 2018−19, PA will have the following facility needs:
- A facility with approximately 20,000 square feet to house the following:
- Eight to ten classrooms that can accommodate 35 pupils and two teachers
- One multiple purpose room
- Seven to nine bathrooms
- One private office space for special education
- Enclosed space for special education testing
- Office space for teachers
- Conference room to seat approximately 20−25 adults
- Office space for three to five administrators and/or office staff
- Lobby for parents and pupils to wait
- Collaborative space for approximately 10–12 staff members
- Outdoor playground area
- Space to serve hot lunch
- Computer server room with proper air conditioning
- Additional needs include the following:
- Space for a photocopier and extra supply storage
- Space for locked cumulative file storage
- Teacher mailboxes
- Reception desk with phone
- Common space with book shelves for a library
- Space for laptop storage or desktop computer use
- Space for family members to use computers
Brief History
The PA petitioner presented the charter petition for establishment to SJUSD on May 4, 2017. The petition was denied by SJUSD by a vote of three to two on June 1, 2017. The petitioner appealed the petition to Santa Clara County Board of Education (SCCBOE) on July 11, 2017. On September 6, 2017, the SCCBOE held a public hearing regarding a resolution to deny the approval of the charter for PA. The SCCBOE vote was three to three, therefore no action was taken.The petitionersubmitted the PA petition for establishment to the State Board of Education (SBE) on September 28, 2017.
Lead Petitioner
Dr. Anthony H. Johnson, Founder
SUMMARY OF REQUIRED CHARTER ELEMENTS PURSUANT TO CALIFORNIA EDUCATION CODE SECTION 47605(b)
Charter Requirements Pursuant to CaliforniaEducation Code Section 47605(b) / Meets Requirements
Sound Educational Practice (California Education Code [EC] sections 47605[b] and [b][1]) / No
Ability to Successfully Implement the Intended Program
(EC Section 47605[b][2]) / No
Required Number of Signatures (EC Section 47605[b][3]) / Yes
Affirmation of Specified Conditions (EC sections 47605[b][4] and [d]) / Yes
Exclusive Public School Employer (EC Section 47605[b][6]) / Yes
- Description of Educational Program(EC Section 47605[b][5][A])
- Measurable Pupil Outcomes(EC Section 47605[b][5][B])
- Method for Measuring Pupil Progress (EC Section 47605[b][5][C])
- Governance Structure (EC Section 47605[b][5][D])
- Employee Qualifications(EC Section 47605[b][5][E])
- Health and Safety Procedures (EC Section 47605[b][5][F])
- Racial and Ethnic Balance(EC Section 47605[b][5][G])
- Admission Requirements(EC Section 47605[b][5][H])
- Annual Independent Financial Audits (EC Section 47605[b][5][I])
- Suspension and Expulsion Procedures(EC Section 47605[b][5][J])
- Retirement Coverage (EC Section 47605[b][5][K])
- Public School Attendance Alternatives(EC Section 47605[b][5][L])
- Post-employment Rights of Employees(EC Section 47605[b][5][M])
- Dispute Resolution Procedures(EC Section 47605[b][5][N])
- Closure Procedures(EC Section 47605[b][5][O])
Standards, Assessments, and Parent Consultation
(EC sections 47605[c][1] and [2]) / Yes
Effect on Authorizer and Financial Projections (EC Section 47605[g]) / No
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]) / No
Transferability of Secondary Courses (EC 47605 [b][5][A][iii]) / Yes
REQUIREMENTS FOR STATE BOARD OF
EDUCATION-AUTHORIZED CHARTER SCHOOLS
Sound Educational Practice
ECsections 47605(b) and (b)(1)
5 CCRsections 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 pupil 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.
The charter petitionisnot “consistent with sound educational practice.”
Comments
The PA petition is not consistent with sound educational practice and will likely not be of educational benefit to the pupils who attend, including pupils with disabilities.
In addition, the CDE finds that the PA petition is in violation of ECSection 51225.3(a)(1)(F) which states that a pupil shall complete two courses in physical education while in grade nine through grade twelve, inclusive, in order to receive a diploma of graduation from high school.The CDE notes that the PA petition does not include two courses in physical education as evidenced by information listed in the table, Required Courses for High School Graduation (Attachment 3, p. 82).
The CDE finds that the PA graduation requirements may not align with goals and objectives in a pupil’s Individualized Education Program (IEP) and/or grade eleven or grade twelve transition plan. Further, the CDE finds that the PA petition does not describe alternatives means for pupils with disabilities on certificate graduation track, and fails to address the alternative needs of pupils with one or more protected characteristics as evidenced by information listed in the table, Promise Graduation Requirements, which states that pupils must complete the Scholastic Aptitude Test (SAT) or the American College Testing (ACT) test to University of California or California State University eligibility standards; complete three Advanced Placement (AP) tests; complete a college readiness course; develop a college plan; complete at least four applications to four-year colleges; and gain acceptance to at least one four-year university (Attachment 3, p. 81).
Additionally, the CDE finds that the PA’s graduation requirements would appear to constitute an impermissible pupil fee and therefore, violate EC Section 49011(b)(1). The requirements to complete three AP tests, SAT, and ACT, and submit at least four applications to four-year colleges would constitute an expense to the pupil. The CDE notes that PA has made no provision either in the petition, the projected multi-year budget, or the budget narrative and assumptions to offset these expenses to pupils in order for them to meet the PA graduation requirements.
The petition describes key strengths as the following (Attachment 3, pp. 22−115):
- Clear and focused mission and vision that promotes pupil success and the ability for all pupils to develop agency to change the world
- Detailed plans to provide data-driven academic instruction, planning, and assessment
- Planned school model that includes flexible and targeted instruction and small group academic rotations
- Expectations that every pupil will have choice and agency over their academic goals and build a spirit of innovation and social entrepreneurship
- School culture built on partnership with families and community
- Detailed plans to provide a servant learning environment that fosters high achievement and strong social aptitude for all pupils
- Detailed curriculum plans for pupils in transitional kindergarten (TK) through grade eight, as well as corea−g aligned courses for high school-grade pupils
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.
The petitioners are not able to successfully implement the intended program.
Comments
The CDE finds that the PA petitioner is demonstrably unlikely to successfully implement the intended program as the petitioner has presented an unrealistic financial and operational plan for the proposed charter school.
Budget
The CDE reviewed the PA multi-year financial plan and concludes that it is not fiscally sustainable due to negative ending fund balances of $404,223, $429,695, and $169,199 with no reserves for fiscal years (FYs)2018–19 through 2020–21, respectively.
The PA multi-year projected budget includes the following:
- A planning year in 2017–18
- 210 TKthrough grade two, grade five,and grade six pupils in 2018–19
- 280TK through grade three, and grade five through gradeseven pupils in 2019–20
- 350TK through grade eight pupils in 2020–21
- 385 TK throughgrade nine pupilsin 2021–22
- 420 TK through grade ten pupilsin2022–23
The PA multi-year projected budget includes lottery funds in the first year of operation, 2018–19. However, lottery funds are based on prior year Second Principal Apportionment in enrollment. PA will not begin receiving lottery funds until the second year of operation, 2019–20. Therefore, the CDE excluded the lottery funds of $37,309 from the PA projected revenue in 2018–19, andadjusted the understated lottery funds of $26,294 in 2019–20.
The PAmulti-year projected budget, as submitted, was calculated using the incorrect Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) calculator. Therefore, the CDE used the August 7, 2017, FCMAT LCFF calculator to recalculate the PA LCFF revenue. The CDE found that PA had overstated the LCFF revenue by $3,928, $9,438, and $15,475 for FYs 2018–19 through 2020–21, respectively.
The PA multi-year projected budget includes fundraising of $365,000 at the startup year in 2017–18, $300,000 for FY 2018–19, and $200,000 for FY 2019–20. The CDE is aware that the petitioner has commitment letters from Silicon Schools Fund and New Schools Venture Fund for funding; however, these commitment letters do not obligate Silicon Schools Fund and New Schools Venture Fund to provide this funding. If PA does not receive the grant funding, PA may need to borrow to make up the deficits the CDE projects. The resulting long-term debt costs will threaten the fiscal viability of PA. As a result, the CDE excluded this funding from its budget analysis.
Additionally, given that PA did not provide estimated rent for a private facility in the downtown area of SJUSD, primarily within zip codes 95112 and 95116, the CDE cannot determine if the 2018–19 budgeted amount of $600 per pupil is sufficient for rent (Attachment 5, p. 5, object code 5610).
Required Number of Signatures
EC Section 47605(b)(3)
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 …
The petition doescontain the required number of signatures at the time of its submission.
Comments
The PA petition includes the required number of signatures.
Affirmation of Specified Conditions
ECsections 47605(b)(4) and (d)
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).
Criteria / Criteria Met(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), 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. / Yes
(2) (A) A charter school shall admit all pupils who wish to attend
the school.
(B)If the number of pupils who wish to attend the charter school exceeds the charter 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 school district except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis.
(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. / Yes
(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
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
The petition doescontain the required affirmations.
Comments
The PA petition contains all of the required affirmations, which are supported in detail in specific elementsof the PA petition (Attachment 3, pp. 6−7).
Exclusive Public School Employer
EC Section 47605(b)(6)
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).
The petition doesinclude the necessary declaration.
Comments
The PA petition includes the necessary declaration in the Affirmations and Assurances (Attachment 3, p. 7).
THE 15 CHARTER ELEMENTS
1. Description of Educational Program
EC Section 47605(b)(5)(A)
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:
Criteria / Criteria Met(A)Indicates the proposed charter school’s target pupil population, including, at a minimum, grade levels, approximate numbers of pupils, and specific educational interests, backgrounds, or challenges. / Yes
(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 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. / Yes
(C)Includes a framework for instructional design that is aligned with the needs of the pupils that the charter school has identified as its target pupil population. / Yes
(D)Indicates the basic learning environment or environments (e.g., site-based matriculation, independent study, community-based education, technology-based education). / Yes
(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 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. / Yes
(F)Indicates how the charter school will identify and respond to the needs of pupils who are not achieving at or above expected levels. / No
(G)Indicates how the charter school will meet the needs of pupils with disabilities, English learners, pupils achieving substantially above or below grade level expectations, and other special pupil populations. / No
(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 pupils who qualify for special education programs and services, how the school will provide or access 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. / No
The petition does notoverall present a reasonably comprehensive description of the educational program.