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Meeting Date:
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4/17/2019 - 3:45 PM
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Category:
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Action Items
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Type:
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Action
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Subject:
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14.14 BUSINESS: Consideration of Resolution No. 23:18-19 to Deny the Proposed Petition for Sky’s the Limit Charter Academy Charter Petition
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Strategic Plan:
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Enclosure
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File Attachment:
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Summary:
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On February 15, 2019, the District received a petition to establish the Sky’s the Limit Charter Academy (“Charter Petition”) pursuant to Education Code sections 47600 et seq. Education Code section 47605(b) mandates that no later than 30 days after receiving a charter school petition, the Governing Board shall hold a public hearing on the provisions of the charter and shall consider the level of support for the petition by teachers employed by the District, other employees of the District, and parents. The Board held such public hearing on the Charter Petition on March 20, 2019. Education Code section 47605(b) further mandates that the Governing Board take action to either grant or deny the charter within 60 days of receipt of the Charter Petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In this instance, action will be taken on April 17, 2019.
Education Code section 47605 establishes the process for the District to review and approve or deny a charter school petition. Section 47605(b) states that in reviewing a petition, a chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The Board may not deny a petition unless it makes written factual findings to support one or more of the following findings:
1.) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
2.) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
3.) The petition does not contain the number of signatures required by subdivision (a) of Education Code section 47605.
4.) The petition does not contain an affirmation of each of the required conditions.
5.) The petition does not contain reasonably comprehensive descriptions of all fifteen required elements.
6.) The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
The District’s administration, with the assistance of legal counsel, has reviewed and analyzed the Charter Petition and supporting documents for legal sufficiency, including the proposed educational program, financial budget and cash flow documents, and other supporting documents. Based on this comprehensive review, the District’s administration has determined that the Charter Petition fails to satisfy the standards and criteria required by Education Code section 47605 for approval of the Charter Petition and is legally deficient in numerous and significant respects. Accordingly, as set forth in the attached Resolution and Findings of Fact, District staff recommends that the Board deny the Charter Petition.
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Funding:
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There is no cost to this item.
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Recommendation:
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It is recommended that the Board of Trustees adopt Resolution No. 23:18-19 Denying the Proposed Petition for the Sky’s the Limit Charter Academy.
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Approvals:
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Recommended By:
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Signed By:
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Candace Reines - Deputy Superintendent
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Signed By:
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Grant Bennett - Superintendent
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Vote Results:
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| Original Motion | | Member Dr. Randall Freeman Moved, Member Anthony T. Stafford, Sr. seconded to approve the Original motion 'It is recommended that the Board of Trustees adopt Resolution No. 23:18-19 Denying the Proposed Petition for the Sky’s the Limit Charter Academy.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0. | | The motion Carried 5 - 0 | | | | | Anthony T. Stafford, Sr. | Yes | | Edward Garcia, Jr. | Yes | | David Nelissen | Yes | | Dr. Jose Luis Araux | Yes | | Dr. Randall Freeman | Yes | |
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