600 Maple Street Livermore, CA 94550 November 8, 2012 Alameda County Board of Education President Yvonne Cerrato Mr.

Joaquin Rivera Ms. Marion McWilson Mr. Ken Berric Ms. Aisha Knowles Mr. Fred Sims Ms. Eileen McDonald Re: Portola Academy Charter School Petition Dear Trustees of the Alameda County Board of Education: I request you deny the petition submitted by the Tri-Valley Learning Corporation (TVLC) to establish the Portola Academy Charter School. After examining the petition submitted by the TVLC, data from the CDE website, and relevant research, it is clear the TVLC is presenting an unsound educational program and that the petitioners are unlikely to successfully implement the program described in the petition. Portola Academy shall strive, through recruitment and admission practices, to achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the LVJUSD. Based on the past practices of the TVLC in operation, their ability to achieve a racial and ethnic balance has been unsuccessful, to say the least. After six years of operation, the Livermore Charter Schools population is 11% Asian, 3% Filipino, 11% Hispanic Latino, 2% African American, 72% White, 2% Multi/NA/Other. In 2011, the LVJUSD student population was 6% Asian, 3% Filipino, 29% Hispanic/Latino, 2% African American, 52% White and 8% Multi/NA/Other. According to the most recent data, 3% of the students at LVCS and at the LVCP speak Spanish as their first language while over 10% of the LVJUSD student population speaks Spanish as their first language. The purported purpose of the Portola Academy Charter School is to present an integrated curriculum designed to provide students with the skills and tools necessary to meet the state academic standards. These programs are designed to support all students including those exceeding and those not meeting desired outcomes. Furthermore, petitioner states By working closely with students at all ability levels, low achieving and high risk students gain new knowledge and learn new strategies for solving problems. The Livermore Charter Schools have limited experience with Socio-economically disadvantaged, Special Education and Limited English Proficient Students. (Dataquest, CDE) Looking at the data, the Board should consider why the number and percentage of SED, SPED and LEP students have increased in our district schools while they have not significantly increased in the Livermore Charter School.

2006

2007

2008

2009

2010

2011

LVC SED SPED LEP 0% NA 0%

LVS D 17% NA 16%

LVC 0% NA 0%

LVS D 21% NA 17%

LVC 4% 6% 3%

LVS D 24% 13% 17%

LVC 4% 5% 3%

LVS D 23% 11% 18%

LVC 5% 5% 3%

LVS D 29% 13% 19%

LVC 5% 7% 3%

LVS D 30% 13% 20%

The petitioners claim to have achieved a high level of success in narrowing the achievement gap on low achieving and high risk students whom they describe as students of promise rather than students at risk. When I examined the 2012 STAR results, I found the same lack of achievement in 2012 as I had found in 2010 and 2011. None of the English Learners or students who are socioeconomically disadvantaged scored at proficient or above at the Livermore Valley Charter School. It is difficult to track their Special Education population because the CDE doesnt report specific data in order to protect the privacy of the students. Based on this data, it appears the instructional strategies being used are not successful at providing low achieving and high risk students with new knowledge and new strategies for solving problems. The petitioners state Portola Academy shall comply with all applicable State and Federal Laws in serving students with disabilities. These laws include, but are not limited to, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Individuals with Disabilities in Education Improvement Act. The Portola Academy, by its basic design, will prevent SPED students from being included in the least restrictive environment because they will not have access to general education students nor will they have the same range of services available to them. (GAO, Fiscal Report, 2012) The Portola Academy will result in de facto segregation of students. By design, the student population at Portola Academy consists solely of low achieving and high risk students. This is contrary to American values. The petition fails to establish the measurable benefit achieved nor its ability to achieve that benefit. The risk is to the students. The petition is not supported by members of the communitywhen the petitioners made their presentation, not a single member of the area to be served by the Portola Charter School spoke in favor of establishing the school. The teachers who have signed the petition are not currently employed in the district nor have they been employed by the district in the recent past. Since there is no demand from the community to create this school, we are left to wonder why the TVLC continues to pretend they are acting in the best interests of the community. Very truly yours, _________________ Cate Sarraille