California Department of Education Charter Schools Division REV.

11/2011 accs-jun13item01

ITEM # __

ADVISORY COMMISSION ON CHARTER SCHOOLS

AN ADVISORY BODY TO THE STATE BOARD OF EDUCATION

June 2013 AGENDA

SUBJECT Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Neighborhood Arts and Sciences Academy, which was denied by the Chino Valley Unified School District and the San Bernardino County Office of Education.
SUMMARY OF THE ISSUE

Action Information

On June 14, 2012, the Chino Valley Unified School District (CVUSD) voted to deny the Neighborhood Arts and Sciences Academy (NASA) charter petition by a vote of five to zero. The San Bernardino County Board of Education (SBCBE) voted to deny the petition on appeal by a vote of four to zero on November 5, 2012. Pursuant to California Education Code (EC) Section 47605(j), petitioners for a charter school that has been denied at the local level may petition the State Board of Education (SBE) for approval of the charter, subject to certain conditions. The NASA petitioners submitted an appeal to the SBE on December 14, 2012 and resubmitted on April 5, 2013.
PROPOSED RECOMMENDATION

The California Department of Education (CDE) proposes to recommend that the SBE hold a public hearing to approve, with technical amendments as specified in Attachment 1, the petition to establish NASA under the oversight of the SBE based on the CDEs findings pursuant to EC sections 47605(b)(1) and 47605(b)(5) as well as California Code of Regulations, Title 5 (5 CCR) Section 11967.5. The CDE recommends that the SBE approve NASA for an initial period of three years (201415 through 201617). The CDE staff recommends an initial approval for three years to allow the petitioners to present their academic progress and student enrollment to the SBE after two years of operation. The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.

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BRIEF ANALYSIS OF THE ISSUE

The NASA petitioners originally sought to establish a charter school under the oversight of CVUSD on October 31, 2011. The petition was denied on January 5, 2012 and a revised petition was written to address the findings identified in the initial attempt. The second petition was submitted to CVUSD on April 20, 2012, and denied on June 14, 2012. The petitioners appealed to the SBCBE on September 4, 2012, and were denied on November 5, 2012. The NASA petitioners submitted an appeal to the SBE on December 14, 2012. The CDE reviewed this petition, however it was brought to the CDEs attention that the charter petition submitted to CVUSD and the petition submitted to and reviewed by the SBE were not the same. The item was retracted and the petitioners resubmitted the correct version of the charter petition that had been considered and denied by the SBCBE to the SBE on April 5, 2013. NASA included a cover letter, provided in Attachment 6, which outlines the contents of the charter petition and summarizes the changes made to the sections from the original submitted to the CVUSD and the petition considered and denied by the SBCBE. The school is now requesting to open in the 201415 school year rather than 201314 since there was a delay in the decision on the appeal. The CDE reviewed a copy of the charter petition as denied by the SBCBE per CCR Section 11967. In considering the NASA charter petition, the CDE staff reviewed the following: The NASA petition and appendixes (Attachments 3 and 5) The NASA budget information (Attachment 4) Educational and demographic data of the schools where pupils would otherwise be required to attend (Attachment 2) Board agendas, minutes, and findings from the CVUSD and SBCBE regarding the denial of the NASA petition, along with the petitioners response to CVUSD and SBCBE. (Attachment 7)

The petitioners propose to serve approximately 810 students in kindergarten through grade eight. The petition identifies eight fundamental goals for all students: (1) preparing students for college, (2) proficiency in core academic subjects, (3) fluency in a language in addition to English, (4) developing global competency, (5) real life application of the sciences and visual arts, (6) media literacy, (7) citizenship, and (8) developing a healthy lifestyle. The student population is expected to be demographically similar to CVUSD. NASA anticipates that 16.7 percent of their students will be English learners and between 10 and 12 percent will be eligible for special education services. The CVUSD denied the NASA charter petition on four findings: (1) the petition presents an unsound educational program, (2) the petitioners are unlikely to successfully

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implement the program set forth in the petition, (3) the petition does not contain reasonably comprehensive descriptions of the sixteen required elements, and (4) the petition does not contain the required affirmations of each of the conditions described in subdivision (d) of EC 47605. The CVUSD written findings are provided in Attachment 7. The SBCBE denied the NASA charter petition on three findings: (1) the charter presents an unsound educational program, (2) the petitioners are unlikely to successfully implement the program set forth in the petition, and (3) the charter does not contain reasonably comprehensive descriptions of all the required elements. The SBCBE written findings are provided in Attachment 7. A summary of each of the findings, the petitioners responses and CDEs analysis of the findings can be found starting on page 24 of Attachment 1. The CDE reviewed the NASA charter petition and the CVUSD and SBCBE findings. The CDE finds that the NASA petitioners provide a comprehensive description of the educational program, which is provided on pages 1237 of their charter petition (Attachment 3). The NASA petitioners detail their curriculum starting on page 102 of the charter petition for each of the core subject areas, provide an academic schedule and calendar, and include a narrative about a typical day at NASA. Additionally, the education program contains a plan to meet the needs of English learners (page 185 of the charter petition), high achieving students (page 193 of the charter petition), low achieving students (page 197 of the charter petition) and students with special needs (page 203 of the charter petition). As described in the charter, NASA chose the Thinking Curriculum as an overarching pedagogical model for its educational program because it will integrate content and process with real world experiences and allows students to build confidence and regulate their own learning. The NASA petition states on pages 169-172 of the charter petition that the school will purchase a state-approved curriculum and provides a list of instructional materials that will be considered and will be aligned with the California state content standards. The CDE finds that the petition provides a detailed description of the core subject areas that will be taught as part of the kindergarten through grade eight curriculums. The CDE finds that the NASA petitioners are likely to successfully implement the program set forth in the charter petition. The CVUSD and SBCBE both had concerns regarding the budget due to NASAs large enrollment target. The CDE staff has confirmed with the petitioners that they still have the interest and support of the local community; the petitioners are confident they can meet the proposed enrollment target. However, the CDE staff recommends an initial approval for three years to allow the petitioners to present their academic progress and student enrollment to the SBE after two years of operation. The CDE staff review found the budget to be fiscally sound. The NASA budget is provided as Attachment 4. The CDE finds that the NASA charter petitioners present a sound educational program, are likely to successfully implement the program set forth in the petition, and the petition

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contains reasonably comprehensive descriptions of the 16 charter elements pursuant to EC Section 47605(b)(5) and 5 CCR Section 11967.5.1.
ATTACHMENT(S)

Attachment 1: California Department of Education Charter School Petition Review Form: Neighborhood Arts and Sciences Academy (28 Pages) Attachment 2: Neighborhood Arts and Sciences Academy Data Table (7 Pages) Attachment 3: Neighborhood Arts and Sciences Academy Charter Petition (393 Pages) Attachment 4: Neighborhood Arts and Sciences Academy Budget Information (78 Pages) Attachment 5: Appendix and Attachments to Neighborhood Arts and Sciences Academy petition (773 Pages) Attachment 6: Cover Letter and Necessary Changes to the Neighborhood Arts and Sciences Academy Charter Petition to Reflect State Board of Education Authorization (6 Pages) Attachment 7: Chino Valley Unified School District and the San Bernardino County Office of Education Findings for Denial and Petitioners Response (142 Pages) Attachment 8: Conditions of State Board of Education Authorization and Operation (2 Pages)

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California Department of Education Charter School Petition Review Form: Neighborhood Arts and Sciences Academy Key Information Regarding Neighborhood Arts and Sciences Academy Neighborhood Arts and Sciences Academy (NASA) proposes to serve students in kindergarten through grade eight. The projected enrollment for the 201314* school year is 810 students. The program intends to offer transitional kindergarten (TK).
201314 Projected Enrollment Grade TK/K 1 2 3 4 5 6 7 8 Total Year 1 90 90 90 90 90 90 90 90 90 810 Year 2 90 90 90 90 90 90 90 90 90 810 Year 3 90 90 90 90 90 90 90 90 90 810 Year 4 90 90 90 90 90 90 90 90 90 810 Year 5 90 90 90 90 90 90 90 90 90 810

Proposed Grade Span and Buildout Plan

The petitioners project that a majority of the students would be residents of Chino, Chino Hills, and Ontario who currently attend Chino Valley Unified School District (CVUSD). *If approved, the petitioners plan to open in the 201415 school year due to the extended authorization process. The projected enrollment would be the same for the 201415 school year. Proposed Location Chino Valley, California in San Bernardino County The petitioners have requested a Proposition 39 facility from CVUSD. On June 14, 2012, the CVUSD voted to deny the NASA charter petition by a vote of five to zero. The San Bernardino County Board of Education voted to deny the petition on appeal by a vote of four to zero on November 5, 2012.

Brief History

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Lead Petitioner

Tonia Herr

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Summary of Required Charter Elements Pursuant to California Education Code (EC) Section 47605(b) Charter Elements Required Pursuant to EC Section 47605(b) Sound Educational Practice Ability to Successfully Implement the Intended Program Required Number of Signatures Affirmation of Specified Conditions Description of Educational Program Measureable Pupil Outcomes Method for Measuring Pupil Progress Governance Structure Employee Qualifications Health and Safety Procedures Racial and Ethnic Balance Admission Requirements Annual Independent Financial Audits Suspension and Expulsion Procedures Retirement Coverage Public School Attendance Alternatives Post-employment Rights of Employees Dispute Resolution Procedures Exclusive Public School Employer Closure Procedures Standards, Assessments, and Parent Consultation Employment is Voluntary Pupil Attendance is Voluntary Effect on Authorizer and Financial Projections Academically Low Achieving Pupils Teacher Credentialing Transmission of Audit Report Meets Requirements Yes Yes Yes Yes Yes* Yes* Yes Yes* Yes Yes* Yes Yes* Yes Yes* Yes Yes Yes Yes Yes Yes* Yes N/A Yes Yes* Yes Yes Yes

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

*If approved, as a State Board of Education (SBE)-authorized charter school, CDE recommends technical amendment of these elements.

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Requirements for State Board of Education-Authorized Charter Schools Sound Educational Practice EC Section 47605(b) 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 SBEs 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 NASA charter petition proposes to serve a diverse population of pupils in grades kindergarten through eight within the boundaries of the CVUSD, mostly from the cities of Chino, Chino Valley, and Ontario. The school anticipates hiring 36 teachers to serve approximately 810 students in 201415. Surrounding demographic data for the area are presented in Attachment 2. The petitioners seek to be a premier educational option for students living in and around the CVUSD. The school proposes to offer an educational program that is creative, visionary, and serves all students. NASAs mission also states that it seeks to provide students with the skills required to create personal, cultural, educational, and social wealth. The NASA charter petition describes an educational program that is likely to be of educational benefit to the pupils who attend. The petition outlines an educational program which has eight focus areas: student achievement, character, opportunity, parent engagement, community partnerships, on-going professional development, standards-based instruction, and a comprehensive, well-balanced program.

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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 SBEs 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 schools success, and the petitioners do not have 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? Comments: The California Department of Education (CDE) finds that NASA is likely to successfully implement the program proposed in the charter petition. The CDE reviewed a 3-year budget and cash flow projections and finds that NASAs petition is fiscally sustainable and presents a balanced budget. However, the CDE notes that as a new entity, the charter school's cash flow viability is dependent on obtaining short term financing, maintaining an enrollment of 810 students and an attendance rate of 95 percent. The projected enrollment of 810 students in its first year of operation may be high. The petitioners submitted documentation of interested parents in the appendix of the petition (Attachment 5). Additionally, the CDE staff contacted the petitioners to confirm that there was still sufficient parent and community interest in the school given the delayed opening. The petitioners stated they are confident in the schools ability to achieve an enrollment target of 810 students based on their recruitment efforts, local media coverage, and ongoing communication with interested parents. The CDE recommends
Yes

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an initial approval of three years to allow the petitioners to present an update on student enrollment after two full years of operation. 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 Does the petition contain the required number of signatures at the time Yes of its submission? Comments: The NASA petition contained the required number of signatures at the time of its submission. EC Section 47605(b)(4) EC Section 47605(d) 5 CCR Section 11967.5.1(e)

Affirmation of Specified Conditions

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). (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 any 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), Yes 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. (2) (A) A charter school shall admit all pupils who wish to attend the Yes school.

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Affirmation of Specified Conditions

EC Section 47605(b)(4) EC Section 47605(d) 5 CCR Section 11967.5.1(e)

(B) However, if the number of pupils who wish to attend the charter school exceeds the 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 district except as provided for in EC Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law. (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. (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 pupils 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. Does the charter petition contain the required affirmations? Comments: The NASA petition contains all of the required affirmations. The 16 Charter Elements
1. Description of Educational Program EC Section 47605(b)(5)(A) 5 CCR Section 11967.5.1(f)(1)

Yes

Yes

Evaluation Criteria The description of the educational program, as required by EC Section 47605(b)(5)(A), at a minimum: (A) Indicates the proposed charter schools target student population, including, at a minimum, grade levels, approximate numbers of pupils, Yes and specific educational interests, backgrounds, or challenges.

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EC Section 47605(b)(5)(A) 5 CCR Section 11967.5.1(f)(1) (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 21st Yes century, belief of how learning best occurs, and goals consistent with enabling pupils to become or remain self-motivated, competent, and lifelong learners. (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 Yes student population. (D) Indicates the basic learning environment or environments (e.g., sitebased matriculation, independent study, community-based education, Yes technology-based education). (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 Yes will enable the schools 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. (F) Indicates how the charter school will identify and respond to the needs of Yes pupils who are not achieving at or above expected levels. (G) Indicates how the charter school will meet the needs of students with disabilities, EL, students achieving substantially above or below grade Yes level expectations, and other special student populations. (H) Specifies the charter schools 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 students who qualify for special education programs and services, how Yes the school will provide or access special education programs and services, the schools understanding of its responsibilities under law for special education pupils, and how the school intends to meet those responsibilities. Yes; Does the petition overall present a reasonably comprehensive description Technical of the educational program? Amendment Required 1. Description of Educational Program

Comments: The NASA charter petition describes an educational program which includes research based strategies and seeks to meet the needs of all students. The petition describes eleven components of their instructional approach which align with the mission to provide a well-balanced educational program to a diverse student population. It also describes support programs that will be implemented to promote a positive school culture.

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Educational Program The NASA petition proposes to use a variety of research-based strategies and methods to meet the needs of all students. The NASA petition states it will adopt the Thinking Curriculum as an overarching pedagogical model. The curriculum will integrate content and process with real world experiences and allows students to build confidence and regulate their own learning. The Thinking Curriculum was selected to support the development of self-motivated, competent, lifelong learners. In addition to the Thinking Curriculum, the school has identified the following strategies and programs to support their mission: data-driven instruction, research-based instructional strategies, media literacy, biliteracy development, mathematics as a language, instruction in the arts, project-based learning, community partnerships, service learning, and Response to Instruction and Intervention. The NASA petition states that the school will purchase a state-approved curriculum that is aligned with the California state content standards. The petition provides a detailed description of the following core subject areas, English language arts, mathematics, science, history/social science, visual and preforming arts, world language, and physical education. For each core area, the petitioners provide a description of the content area, a scope and sequence by grade level, a list of instructional resources, and guiding principles specific to the charter school. The petition also describes an educational program for Transitional Kindergarten. In addition to the core educational program, the school will implement a variety of programs addressing the whole child. These programs will include character education, student rewards and recognition, school wide discipline (Love and Logic), structured parent outreach, and a program beginning in kindergarten to support college readiness; No Excuses University. Initial and ongoing professional development will be provided to support program implementation and foster the school mission. Plan for Low-Achieving Students The NASA petition states that the needs of low-achieving students will be met through their overall educational program. Additionally, staff will be trained to implement best practices to meet the needs of low-achieving students, such as setting high expectations, reality-based teaching, active learning, varied grouping, cooperative learning, peer tutoring, cross-age tutoring, metacognition, varied assessments, and direct interactive instruction. Teachers will make classroom modifications to materials, methods, and environment to meet the needs of all students. The petition describes a three-tiered Response to Instruction and Intervention model; daily intervention is provided in the bell schedule. The petition identified the Student Success Team (SST) process to provide additional support for struggling students and the use of Illuminate, or a similar tool to track student performance.

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Plan for High-Achieving Students NASA plans to identify high-achieving students through parent, teacher, or administrator referral. Multiple measures will be used to qualify students for Gifted and Talented Education (GATE) including home and teacher survey, standardized test scores, and grades. High-achieving and GATE-identified student will be clustered and provided challenge assignments and group projects. Teachers will use the Icons of Depth Complexity as a guide to differentiate the curriculum specifically for gifted students. Plan for English Language Learners NASA states it will comply with federal, state, and district mandates regarding English language learner education and redesignation. The petition provides that the school will meet all requirements of federal and state law relative to equal access to the curriculum for English learners (EL). CDE understands this as an assurance that NASA will comply with all federal and state laws regarding EL. The petition describes the process for identifying, assessing and redesignating EL students. The school will use data from California English Language Development Test (CELDT) results, school assessments, staff observations in consultation with the student and students family to determine English Language Development (ELD) proficiency level and reclassification. The petition provides a broad description of the schools plan to serve EL students and identifies specific strategies and techniques teachers will use during ELD instruction. The petition states that they will only hire teachers authorized to teach EL and provide professional development on instructional strategies and activities for EL students. The petition could be strengthened by describing a plan for embedding ELD strategies in the NASA curricular program and providing appropriate professional development to principals, administrators, and other school or community-based personnel. Plan for Special Education The NASA petitioners included a letter with their submission to the SBE stating that if authorized by the SBE, NASA would serve as its own local educational agency (LEA) for special education purposes and apply to the West End Special Education Local Plan Area (SELPA) or another SELPA (attachment 6). If denied SELPA membership locally and by West End, NASA would seek membership in the El Dorado County Charter SELPA. The NASA petition proposed two plans for special education delivery differentiated by district or county authorization. The plan differentiated by county is the model that most closely aligns with SBE authorization. NASAs plan for special education states the process the school will use to identify students for special education services and the IEP process. The petition states that the school will work with a SELPA and a third party provider to meet all the requirements of a students individualized education plan (IEP). The petitioners plan to hire a Special Education Coordinator to oversee the IEP process, assessment and special education

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program. The third party service provider, who will be selected by the leadership committee, will be responsible for coordinating and facilitating services. Technical Amendment: Although the petition provides a reasonable description of the educational program, the CDE recommends a technical amendment to include written assurances that NASA will participate as an LEA of a special education plan approved by the SBE.
EC Section 47605(b)(5)(B) 5 CCR Section 11967.5.1(f)(2)

2. Measureable Pupil Outcomes

Evaluation Criteria Measurable pupil outcomes, as required by EC Section 47605(b)(5)(B), at a minimum: (A) Specify skills, knowledge, and attitudes that reflect the schools educational objectives and can be assessed, at a minimum, by objective means that are frequent and sufficiently detailed enough to determine whether pupils are making satisfactory progress. It is intended that the frequency of objective means of measuring pupil outcomes vary according to such factors as grade level, subject Yes matter, the outcome of previous objective measurements, and information that may be collected from anecdotal sources. To be sufficiently detailed, objective means of measuring pupil outcomes must be capable of being used readily to evaluate the effectiveness of and to modify instruction for individual students and for groups of students. (B) Include the schools API growth target, if applicable. Yes Does the petition present a reasonably comprehensive description Yes; Technical of measurable pupil outcomes? Amendment Required

Comments: The CDE finds that measurable pupil outcomes listed on page 239267 will not allow for a comprehensive evaluation of the schools education program during the monitoring and renewal process because the goals more closely align to the grade level content standards and are not measurable. However, page 281 of the petitions Methods for Measuring Pupil Progress section does provide six goals that do appear to be measureable, but the CDE is concerned that the proposed attendance rate, parents survey rate, and parent participation rate targets are tied to unrealistically high attainment levels. Technical Amendment: The CDE recommends that NASA adopt the goals provided on petition page 281of the petition for their measureable pupil outcome goals and revise attendance rate, survey

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rate and participation rate targets to realistically attainable levels. The petitioners will need to update their goals to reflect the adoption of the Common Core State Standards and the new state accountability system, once finalized. The CDE also recommends including the goals on pages 278279 of the petition for ELA, math, science, and history/social sciences as a subset of the Academic Performance Index goals listed on page 281 of the petition.

3. Method for Measuring Pupil Progress

EC Section 47605(b)(5)(C) 5 CCR Section 11967.5.1(f)(3)

Evaluation Criteria The method for measuring pupil progress, as required by EC Section 47605(b)(5)(C), at a minimum: (A) Utilizes a variety of assessment tools that are appropriate to the skills, knowledge, or attitudes being assessed, including, Yes at minimum, tools that employ objective means of assessment consistent with the measurable pupil outcomes. (B) Includes the annual assessment results from the Yes Standardized Testing and Reporting (STAR) program. (C) Outlines a plan for collecting, analyzing, and reporting data on pupil achievement to school staff and to pupils parents and guardians, and for utilizing the data continuously to Yes monitor and improve the charter schools educational program. Does the petition present a reasonably comprehensive Yes description of the method for measuring pupil progress?

Comments: The NASA petition presents a reasonably comprehensive description of the method for measuring pupil progress. Although the assessment matrices in the Method for Measuring Pupil Progress section of the charter petition list three types of performance goals, the CDE understands the Stakeholder Performance Goals on petition page 281 as the method by which pupil progress will be measured.
EC Section 47605(b)(5)(D) 5 CCR Section 11967.5.1(f)(4)

4. Governance Structure

Evaluation Criteria The governance structure of the school, including, but not limited to, the processto ensure parental involvement, as required by EC Section 47605(b)(5)(D), at a minimum: (A) Includes evidence of the charter schools incorporation as a nonYes profit public benefit corporation, if applicable.

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4. Governance Structure

EC Section 47605(b)(5)(D) 5 CCR Section 11967.5.1(f)(4) (B) Includes evidence that the organizational and technical designs of the governance structure reflect a seriousness of purpose necessary to ensure that: 1. The charter school will become and remain a viable enterprise. 2. There will be active and effective representation of interested parties, including, but not limited to parents (guardians). 3. The educational program will be successful. Yes; Technical Amendment Required Yes

Does the petition present a reasonably comprehensive description of the schools governance structure?

Comments: The NASA charter petition presents a reasonably comprehensive description of governance structure. The board will consist of no less than five members and as many as eleven. The petition lists the desired areas of expertise for potential Board members. Two voting member seats will be reserved for parents of NASA students. Technical Amendment: The NASA petition appears to address all requirements of EC Section 47605(b)(5)(D) and 5 CCR Section 11967.5.1(f)(4), however the CDE recommends a technical amendment to assure that NASA will also comply with the provisions of Government Code section 1090, et. seq., and common law rules against conflicts.
EC Section 47605(b)(5)(E) 5 CCR Section 11967.5.1(f)(5)

5. Employee Qualifications

Evaluation Criteria The qualifications (of the schools employees), as required by EC Section 47605(b)(5)(E), at a minimum: (A) Identify general qualifications for the various categories of employees the school anticipates (e.g., administrative, instructional, instructional support, Yes non-instructional support). The qualifications shall be sufficient to ensure the health and safety of the schools faculty, staff, and pupils. (B) Identify those positions that the charter school regards as key in each category and specify the additional qualifications expected of individuals Yes assigned to those positions. (C) Specify that all requirements for employment set forth in applicable provisions of law will be met, including, but not limited to, credentials as Yes necessary.

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EC Section 47605(b)(5)(E) 5 CCR Section 11967.5.1(f)(5) Does the petition present a reasonably comprehensive description of Yes employee qualifications? 5. Employee Qualifications

Comments: The NASA charter petition presents a reasonably comprehensive description of employee qualifications. The petitioners commit to complying with all state and federal laws in hiring and retaining personnel.
EC Section 47605(b)(5)(F) 5 CCR Section 11967.5.1(f)(6)

6. Health and Safety Procedures

Evaluation Criteria The proceduresto ensure the health and safety of pupils and staff, as required by EC Section 47605(b)(5)(F), at a minimum: (A) Require that each employee of the school furnish the school with a Yes criminal record summary as described in EC Section 44237. (B) Include the examination of faculty and staff for tuberculosis as described Yes in EC Section 49406. (C) Require immunization of pupils as a condition of school attendance to the same extent as would apply if the pupils attended a non-charter public Yes school. (D) Provide for the screening of pupils vision and hearing and the screening of pupils for scoliosis to the same extent as would be required if the Yes pupils attended a non-charter public school. Yes; Does the petition present a reasonably comprehensive description of Technical health and safety procedures? Amendment Required

Comments: The NASA charter petition presents a reasonably comprehensive description of health and safety procedures to be used at the school. The petition states that a School Safety Plan will be developed prior to the opening of school and reviewed on an annual basis. Technical Amendment: The CDE recommends a technical amendment requiring long-term volunteers and all contractors who have contact with students to also submit a TB test and periodic testing thereafter, as described in EC Section 49406.

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7. Racial and Ethnic Balance

EC Section 47605(b)(5)(G) 5 CCR Section 11967.5.1(f)(7)

Evaluation Criteria Recognizing the limitations on admissions to charter schools imposed by EC Section 47605(d), the means by which the school(s) will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district, as required by EC Section 47605(b)(5)(G), shall be presumed to have been met, absent specific information to the contrary. Does the petition present a reasonably comprehensive description of means for achieving racial and ethnic balance?

Yes

Comments: The NASA petition presents a reasonably comprehensive description of the means for achieving a racial and ethnic balance at the school. NASA will utilize culturally inclusive outreach activities to achieve the racial and ethnic balance of the general population.
8. Admission Requirements, If Applicable EC Section 47605(b)(5)(H) 5 CCR Section 11967.5.1(f)(8)

Evaluation Criteria To the extent admission requirements are included in keeping with EC Section 47605(b)(5)(H), the requirements shall be in compliance with the requirements of EC Section 47605(d) and any other applicable provision of law. Does the petition present a reasonably comprehensive description of admission requirements? Yes; Technical Amendment Required

Comments: The NASA admission policy presents a reasonably comprehensive description of admissions requirements. NASAs admission policy states that if the number of students who wish to attend exceeds the charter schools capacity, a single, public, random lottery will be held. The petition states that NASA will extend an admission preference to district residents. The petition also states that siblings of existing students and children of teachers and founding team members will be exempt from the lottery. Technical Amendment: The CDE finds that a complete exemption would essentially nullify EC Section 47605(d) (2)(B) that requires preference to students currently attending the school and pupils who reside in the district. The CDE recommends a technical amendment to change the proposed exemptions to preferences.

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9. Annual Independent Financial Audits

EC Section 47605(b)(5)(I) 5 CCR Section 11967.5.1(f)(9)

Evaluation Criteria The manner in which annual independent financial audits shall be conducted using generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the SBEs satisfaction, as required by EC Section 47605(b)(5)(I), at a minimum: (A) Specify who is responsible for contracting and overseeing the independent Yes audit. (B) Specify that the auditor will have experience in education finance. Yes (C) Outline the process of providing audit reports to the SBE, CDE, or other agency as the SBE may direct, and specifying the timeline in which audit Yes exceptions will typically be addressed. (D) Indicate the process that the charter school(s) will follow to address any audit Yes findings and/or resolve any audit exceptions. Does the petition present a reasonably comprehensive description of annual Yes independent financial audits?

Comments: The NASA charter petition presents a reasonably comprehensive description of the manner in which annual independent financial audits will be conducted.
EC Section 47605(b)(5)(J) 5 CCR Section 11967.5.1(f)(10)

10. Suspension and Expulsion Procedures

Evaluation Criteria The procedures by which pupils can be suspended or expelled, as required by EC Section 47605(b)(5)(J), at a minimum: (A) Identify a preliminary list, subject to later revision pursuant to subparagraph (E), of the offenses for which students in the charter school must (where non-discretionary) and may (where discretionary) be suspended and, separately, the offenses for which students in the charter school must (where nonYes discretionary) or may (where discretionary) be expelled, providing evidence that the petitioners reviewed the offenses for which students must or may be suspended or expelled in non-charter public schools. (B) Identify the procedures by which pupils can be suspended or Yes expelled. (C) Identify the procedures by which parents, guardians, and pupils will be informed about reasons for suspension or expulsion and Yes of their due process rights in regard to suspension or expulsion. (D) Provide evidence that in preparing the lists of offenses specified Yes in subparagraph (A) and the procedures specified in

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10. Suspension and Expulsion Procedures

EC Section 47605(b)(5)(J) 5 CCR Section 11967.5.1(f)(10) subparagraphs (B) and (C), the petitioners reviewed the lists of offenses and procedures that apply to students attending noncharter public schools, and provide evidence that the charter petitioners believe their proposed lists of offenses and procedures provide adequate safety for students, staff, and visitors to the school and serve the best interests the schools pupils and their parents (guardians). (E) If not otherwise covered under subparagraphs (A), (B), (C), and (D): 1. Provide for due process for all pupils and demonstrate an understanding of the rights of pupils with disabilities in regard to suspension and expulsion. 2. Outline how detailed policies and procedures regarding suspension and expulsion will be developed and periodically reviewed, including, but not limited to, periodic review and (as necessary) modification of the lists of offenses for which students are subject to suspension or expulsion.

Yes

Does the petition present a reasonably comprehensive description of suspension and expulsion procedures?

Yes; Technical Amendment Required

Comments: The NASA charter petition presents a reasonably comprehensive description of suspension and expulsion procedures to be used by the school. A formal policy will be adopted by August 2013 and reviewed on an annual basis by the Student Discipline Committee. Technical Amendment: The petition appears to address all requirements of EC Section 47605(b)(5)(J) and 5 CCR Section 11967.5.1(f)(10). The petition provides for an expulsion appeal process that includes filing of an appeal with the County Board of Education. The CDE recommends a technical amendment to provide assurance that the County Board of Education agrees to hear the appeal if the charter is approved by the SBE.

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11. California State Teacher Retirement System, California Public Employees Retirement System, and Social Security Coverage

EC Section 47605(b)(5)(K) 5 CCR Section 11967.5.1(f)(11)

Evaluation Criteria The manner by which staff members of the charter schools will be covered by California State Teacher Retirement System (CALSTRS), California Public Employees Retirement System (CALPERS), or federal social security, as required by EC Section 47605(b)(5) (K), at a minimum, specifies the positions to be covered under each system and the staff who will be responsible for ensuring that appropriate arrangements for that coverage have been made. Does the petition present a reasonably comprehensive description of Yes CalSTRS, CalPERS, and social security coverage?

Comments: The NASA charter petition includes a reasonably comprehensive description of the retirement programs offered by the school.
EC Section 47605(b)(5)(L) 5 CCR Section 11967.5.1(f)(12)

12. Public School Attendance Alternatives

Evaluation Criteria The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools, as required by EC Section 47605(b)(5)(L), at a minimum, specify that the parent or guardian of each pupil enrolled in the charter school shall be informed that the pupil has no right to admission in a particular school of any local educational agency (LEA) (or program of any LEA) as a consequence of enrollment in the charter school, except to the extent that such a right is extended by the LEA. Does the petition present a reasonably comprehensive Yes description of public school attendance alternatives?

Comments: The NASA charter petition presents a reasonably comprehensive description of the public school alternatives available to NASA students.

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13. Post-employment Rights of Employees Evaluation Criteria

EC Section 47605(b)(5)(M) 5 CCR Section 11967.5.1(f)(13)

The description of the rights of any employees of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school, as required by EC Section 47605(b)(5)(M), at a minimum, specifies that an employee of the charter school shall have the following rights: (A) Any rights upon leaving the employment of an LEA to work in the charter Yes school that the LEA may specify. (B) Any rights of return to employment in an LEA after employment in the charter Yes school as the LEA may specify. (C) Any other rights upon leaving employment to work in the charter school and any rights to return to a previous employer after working in the charter school that the SBE determines to be reasonable and not in conflict with any Yes provisions of law that apply to the charter school or to the employer from which the employee comes to the charter school or to which the employee returns from the charter school. Does the petition present a reasonably comprehensive description of postYes employment rights of employees?

Comments: The NASA charter petition presents a reasonably comprehensive description of the post-employment rights of NASA employees.
EC Section 47605(b)(5)(N) 5 CCR Section 11967.5.1(f)(14)

14. Dispute Resolution Procedures

Evaluation Criteria The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to the provisions of the charter, as required by EC Section 47605(b)(5) (N), at a minimum: (A) Include any specific provisions relating to dispute resolution that the SBE determines necessary and appropriate in recognition of the fact that the SBE Yes is not a LEA. (B) Describe how the costs of the dispute resolution process, if needed, would be Yes funded. (C) Recognize that, because it is not a LEA, the SBE may choose to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, provided that if the SBE intends to resolve a dispute directly instead of pursuing the dispute resolution process specified in the charter, it Yes must first hold a public hearing to consider arguments for and against the direct resolution of the dispute instead of pursuing the dispute resolution process specified in the charter.

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EC Section 47605(b)(5)(N) 5 CCR Section 11967.5.1(f)(14) (D) Recognize that if the substance of a dispute is a matter that could result in the taking of appropriate action, including, but not limited to, revocation of the charter in accordance with EC Section 47604.5, the matter will be addressed Yes at the SBEs discretion in accordance with that provision of law and any regulations pertaining thereto. Does the petition present a reasonably comprehensive description of dispute Yes resolution procedures? 14. Dispute Resolution Procedures

Comments: The NASA charter petition presents a comprehensive description of the schools dispute resolution procedures. The process described requires all disputes to be documented in writing.
EC Section 47605(b)(5)(O) 5 CCR Section 11967.5.1(f)(15)

15. Exclusive Public School Employer

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 Government Code), as required by EC Section 47605(b)(5)(O), 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). Does the petition include the necessary declaration? Yes

Comments: The NASA charter petition states that the school will be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Act. The petition states that Neighborhood Charter Academies, Inc. will be considered the exclusive public school employer of the Charter School for the purposes of the Educational Employment Relations Act. Petition, page 376.
EC Section 47605(b)(5)(P) 5 CCR Section 11967.5.1(f)(15)(g)

16. Closure Procedures

Evaluation Criteria A description of the procedures to be used if the charter school closes, in keeping with EC Section 47605(b)(5)(P). The procedures shall ensure a final audit of the school to determine the

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EC Section 47605(b)(5)(P) 5 CCR Section 11967.5.1(f)(15)(g) disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. Yes; Does the petition include a reasonably comprehensive description of Technical closure procedures? Amendment Required 16. Closure Procedures

Comments: While the NASA petition addresses most of the required procedures regarding school closure, the petition does not address 5 CCR Section 11962(d) because it did not include the designation of a responsible entity to conduct closure-related activities. Technical Amendment: The CDE recommends a technical amendment to the petition that designates a responsible entity to conduct closure-related activities. ADDITIONAL REQUIREMENTS UNDER EC SECTION 47605
Standards, Assessments, and Parent Consultation EC Section 47605(c) 5 CCR Section 11967.5.1(f)(3)

Evaluation Criteria Evidence is provided that: (1) The school shall meet all statewide standards and conduct the pupil assessments required pursuant to EC sections 60605, 60851, and any other statewide standards authorized in statute or pupil assessments applicable to pupils in non-charter public schools. (2) The school shall, on a regular basis, consult with their parents and teachers regarding the schools educational programs. Does the petition provide evidence addressing the requirements regarding standards, assessments, and parent consultation?

Yes Yes Yes

Comments: The NASA charter petition states that NASA will meet all statewide standards and conduct all required state-mandated pupil assessments. The petition also includes a commitment by NASA to consult regularly with parents and teachers regarding the schools educational programs.

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Employment is Voluntary

EC Section 47605(e) 5 CCR Section 11967.5.1(f)(13)

Evaluation Criteria The governing board of a school district shall not require any employee of the school district to be employed in a charter school. Does the petition meet this criterion? N/A

Comments: This criterion is not applicable to NASA because it is not a school district and the charter school will not be part of a school district.
EC Section 47605(f) 5 CCR Section 11967.5.1(f)(12)

Pupil Attendance is Voluntary

Evaluation Criteria The governing boardshall not require any pupilto attend a charter school. Does the petition meet this criterion?

Yes

Comments: The charter petition states that no child shall be required to attend NASA.
Effect on Authorizer and Financial Projections EC Section 47605(g) 5 CCR Section 11967.5.1(c)(3)(AC)

Evaluation Criteria [T]he petitioners [shall] provide information regarding the proposed operation and potential effects of the school, including, but not limited to: The facilities to be utilized by the school. The description of the facilities Yes to be used by the charter school shall specify where the school intends to locate. The manner in which administrative services of the school are to be Yes provided. Potential civil liability effects, if any, upon the school and the SBE. Yes* The petitioners shall also provide financial statements that include a proposed first-year operational budget, including startup costs, and cash-flow and financial Yes projections for the first three years of operation. Yes; Does the petition provide the required information and financial Technical projections? Amendment Required

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Comments: The NASA charter petition provides the required information and financial projections. The petition indicates that NASA has requested a Proposition 39 facility within CVUSD. The petition states that NASA will provide or procure its own administrative services either through its own staff or through a third party contractor. The petition names ExEd as the intended contractor and contracted with ExEd to prepare the charter schools financial plan. NASA makes adequate assurances that they will maintain all necessary appropriate insurance coverage and will indemnify the school district as well as name the district as an additional insured on their liability policy. However, the petition fails to assert that it will indemnify the SBE and name the SBE as an additional insured on their liability policy. Technical Amendment: If approved by SBE, the petition will need to be amended to attest that the SBE, as its authorizer, will be named as an additional insured on NASAs insurance policies. EC Section 47605(h) 5 CCR Section 11967.5.1(f)(1)(FG)

Academically Low Achieving Pupils

Evaluation Criteria In reviewing petitions, the charter authorizer shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioners as academically low achieving pursuant to the standards established by the State Department of Education under Section 54032 as it read prior to July 19, 2006. Does the petition merit preference by the SBE under this criterion? Yes Comments: The NASA charter petition demonstrates the capability to provide comprehensive learning experiences to pupils identified by the petitioners as academically low achieving. Teacher Credentialing EC Section 47605(l) 5 CCR Section 11967.5.1(f)(5)

Evaluation Criteria Teachers in charter schools shall be required to hold a California Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to holdIt is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses.

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Teacher Credentialing Does the petition meet this requirement? Comments:

EC Section 47605(l) 5 CCR Section 11967.5.1(f)(5) Yes

The NASA charter petition makes clear that teachers will be credentialed as required by law. It states that the school will ensure that all teachers hold a Commission on Teacher Credentialing certificate, permit, or other document that a teacher in other public schools would be required to hold. EC Section 47605(m) 5 CCR Section 11967.5.1(f)(9)

Transmission of Audit Report

Evaluation Criteria A charter school shall transmit a copy of its annual independent financial audit report for the preceding fiscal yearto the chartering entity, the Controller, the county superintendent of schools of the county in which the charter is sited, and the CDE by December 15 of each year. Does the petition address this requirement? Yes Comments: The NASA charter petition provides a reasonable description of the transmission of the annual audit report.

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Summary of Findings to Deny Neighborhood Arts and Sciences Academy from the Chino Valley Unified School District and Petitioners and CDEs Response On June 14, 2012, the CVUSD voted to deny the NASA petition by a vote of five to zero. The CVUSD written findings are provided in Attachment 7. Summary of CVUSD Findings The CVUSD denied the NASA petition based on four findings. Finding #1: The NASA charter petition presents an unsound educational program for the pupils to be enrolled in the charter school. CVUSD finds that the NASA charter petition fails to implement a legally mandated transitional kindergarten (TK) program. CVUSD also found that the plan for English learners (EL) was inadequate, incomplete and constitutes an unsound educational program. Additionally, the program did not provide an advisory committee on bilingual education or provide English Language Development (ELD) instruction. Finding #2: The NASA charter school petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. CVUSD finds that NASAs 5-year budget presents an unrealistic financial and operational plan because it does not clearly describe the material assumptions necessary to support the budgeted amounts. CVUSD finds that NASA did not adequately describe facilities needed to operate the educational program or the structure for providing administrative services. CVUSD finds that NASA is unfamiliar with the content of the petition and with requirements of law that would apply to the proposed charter. Finding #3: The NASA charter petition does not contain reasonably comprehensive descriptions of ten of the sixteen required elements. CVUSD finds that the NASA petition did not provide a reasonably comprehensive description of the following elements: educational program, method to measure pupil progress in meeting pupil outcomes, governance structure, procedures to ensure the health and safety of students and staff, admissions requirements, procedures by which pupils can be suspended, the process for dispute resolution, manner in which annual, independent financial audits will be conducted, and procedures to be used if the charter school closes. Additionally, the petition fails to declare the charter school will be deemed the exclusive public school employer of the employees. Finding #4: The NASA charter petition does not contain an affirmation of each of the conditions described in subdivision (d) of Education Code (EC) 47605. CVUSD finds that the NASA charter petition fails to recite the statutory language of EC 220 regarding gender identity and gender expression.

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Summary of Petitioners Response to CVUSD Findings Finding #1: The NASA charter petition presents an unsound educational program for the pupils to be enrolled in the charter school. The NASA petitioners disagree with this finding. The petitioners plan to offer TK. The petitioners state that they will comply with all federal, state and district mandates for ELs and provided a detailed program description for ELs. Additionally, the petitioners state that a charter school is not required to offer bilingual education. Finding #2: The NASA charter school petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. The NASA petitioners disagree with this finding. The petitioners state that they are aware of changing revenue projections and are prepared to make cuts and adjustments as necessary. However, they state that their budget will remain fiscally sound even with more conservative estimates. Additionally, the petitioners state that they have provided an adequate description of their proposed facility and will used ExEd to provide administrative services. The petitioners state that they know their petition very well and did not make numerous factual and legal errors. Finding #3: The NASA charter petition does not contain reasonably comprehensive descriptions of ten of the sixteen required elements. The NASA petitioners disagree with this finding. The petitioners state that their petition provides a reasonably comprehensive description of the sixteen required elements and also referenced specific pages in the petition that addressed the required elements. Finding #4: The NASA charter petition does not contain an affirmation of each of the conditions described in subdivision (d) of EC 47605. The NASA petitioners disagree with this finding. Based on Education Code Section 210.7, the petitioners state that the term gender includes both gender identity and gender expression, and therefore the petition met the requirement. Additionally, the petitioners stated that the school will not discriminate based on gender identity or gender expression. CDE Analysis of CVUSD Findings Finding #1: The NASA charter petition presents an unsound educational program for the pupils to be enrolled in the charter school. The CDE disagrees with CVUSD that the petition presents an unsound educational program for the pupils to be enrolled in the charter school. The CDE finds the petitioners provided a reasonable description of the educational program. The CDE finds that the NASA petition provided sufficient information regarding TK and the EL program. The NASA petitioners provide a description of a plan for TK on pages 164168 as well as a daily schedule on page 179 of the charter petition. Additionally, the petitioners provide a detailed description of their plan for EL students on pages 185-192 of the charter

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petition and assure that the petitioners will comply with all state and federal laws relating to EL students. Finding #2: The NASA charter school petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. The CDE disagrees with CVUSD that the petitioners are demonstrably unlikely to successfully implement the program. The CDE agrees that the enrollment target of 810 is ambitious; however, the petitioners did provide signatures of intent to enroll and confirmed parent interest. The CDE review found the NASA petition presents a fiscally sustainable budget. Finding #3: The NASA charter petition does not contain reasonably comprehensive descriptions of ten of the sixteen required elements. The CDE disagrees with CVUSD that the petition does not contain reasonably comprehensive descriptions of all the elements required of a charter petition. Although the CDE finds the petition provided a reasonable description of each of the elements, the CDE did note in its analysis where the petition could have been strengthened and would require technical amendments in Attachment 1. Finding #4: The NASA charter petition does not contain an affirmation of each of the conditions described in subdivision (d) of EC 47605. The CDE disagrees with CVUSD that the petition does not contain the affirmation regarding gender identity and expression. The petition provides this affirmation on p. iv and p. 344. Summary of San Bernardino County Board of Education Findings and CDEs Response On November 5, 2012, the San Bernardino County Board of Education (SBCBE) voted to deny the petition on appeal by a vote of four to zero. The SBCBE written findings are provided in Attachment 7. Summary of SBCBE Findings Finding #1: The Charter School presents an unsound educational program for the pupils to be enrolled in the charter school. SBCBE has several concerns with the NASA educational program. The petition does not indicate the instructional materials or adequately describe the strategies for instruction in technology. The petition minimally and very inadequately addresses the content standards and does not incorporate career technical education anchor standards or Common Core State Standards. Additionally, the petition does not provide an adequate description of the program for English learners and students with special needs.

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Finding #2: The Petitioners are demonstrably unlikely to successfully implement the program set forth in the Petition. SBCBE finds several concerns that may impact the fiscal solvency of the charter school including a large enrollment target, reliance on grant approval, and no back-up plan if funds are not secured through grants. The petition does not provide a comprehensive business plan and did not estimate all costs and funding appropriately. Finding #3: The Charter does not contain reasonably comprehensive descriptions of all the required elements. SBCBE finds that the NASA charter petition does not provide a reasonably comprehensive description of the educational program of the school, governance structure of the school, and the procedures to be followed to resolve disputes. Summary of Petitioners Response to SBCBE Findings Finding #1: The Charter School presents an unsound educational program for the pupils to be enrolled in the charter school. The NASA petitioners disagree with this finding and state that it is not supported by fact and is an impermissible basis for denial of the charter petition. The petitioners state that they clearly explained how they will use technology and the types of technology to be used at the school on pages 71-76 of the charter petition. Additionally, they state that their curriculum is founded on the same principles as the Common Core State Standards and is addressed 20 times throughout element A of the petition. The petitioners provide a detailed description of the English learner program in the petition on pages 185-192. The petitioners believe the description of their plan for special education clearly explains how the school will serve students with special needs and meets legal requirements. Finding #2: The Petitioners are demonstrably unlikely to successfully implement the program set forth in the Petition. The NASA petitioners did not specifically address this finding in their written response. Finding #3: The Charter does not contain reasonably comprehensive descriptions of all the required elements. The NASA petitioners disagree with this finding and state that it, is not supported by fact and is an impermissible basis for denial of the charter petition. The NASA petitioners provided a response to specific findings regarding the educational program and believed that they adequately provided a description for this element. The petitioners believe that the concern regarding conflict of interest polices under governance did not apply to charter schools. Finally, the petitioners stated that the SBCBEs finding regarding dispute resolution was speculation and not based on fact.

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CDE Analysis of SBCBE Findings Finding #1: The Charter School presents an unsound educational program for the pupils to be enrolled in the charter school. The CDE disagrees with SBCBE that the petition presented an unsound educational program for the pupils to be enrolled in the charter school. The petition states that its program will be aligned to the Common Core State Standards throughout the petition and provides an adequate description of their program for EL and special education students. Finding #2: The Petitioners are demonstrably unlikely to successfully implement the program set forth in the Petition. The CDE disagrees with SBCBE regarding NASAs financial plan; the CDE found NASAs budget provided a fiscally sustainable plan. Finding #3: The Charter does not contain reasonably comprehensive descriptions of all the required elements. The CDE disagrees with SBCBE that the petition does not contain reasonably comprehensive descriptions of all the elements. The petition sections on governance structure and dispute resolution provide reasonably comprehensive descriptions.

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STATE BOARD OF EDUCATION STANDARD CONDITIONS ON OPENING AND OPERATION Insurance Coverage. Prior to opening, (or such earlier time as school may employ individuals or acquire or lease property or facilities for which insurance would be customary), submit documentation of adequate insurance coverage, including liability insurance, which shall be based on the type and amount of insurance coverage maintained in similar settings. MOU/Oversight Agreement. Prior to opening, either (a) accept an agreement with the State Board of Education (SBE), administered through the California Department of Education (CDE), to be the direct oversight entity for the school, specifying the scope of oversight and reporting activities, including, but not limited to, adequacy and safety of facilities; or (b) enter into an appropriate agreement between the charter school, the SBE (as represented by the Executive Director of the SBE), and an oversight entity, pursuant to the California Education Code (EC) Section 47605(k)(1), regarding the scope of oversight and reporting activities, including, but not limited to, adequacy and safety of facilities. Special Education Local Plan Area Membership. Prior to opening, submit written verification of having applied to a Special Education Local Plan Area (SELPA) for membership as a local educational agency and submit either written verification that the school is (or will be at the time pupils are being served) participating in the SELPA, or an agreement between a SELPA, a school district that is a member of the SELPA, and the school that describes the roles and responsibilities of each party and that explicitly states that the SELPA and the district consider the schools pupils to be pupils of the school district in which the school is physically located for purposes of special education programs and services (which is the equivalent of participation in the SELPA). Satisfaction of this condition should be determined by the Executive Director of the SBE based primarily on the advice of CDE staff following a review of either (1) the schools written plan for membership in the SELPA, including any proposed contracts with service providers; or (2) the agreement between a SELPA, a school district, and the school, including any proposed contracts with service providers. Educational Program. Prior to opening, submit a description of the curriculum development process the school will use and the scope and sequence for the grades envisioned by the school; and submit the complete educational program for pupils to be served in the first year including, but not limited to, a description of the curriculum and identification of the basic instructional materials to be used; plans for professional development of instructional personnel to deliver the curriculum and use the instructional materials; and identification of specific assessments that will be used in addition to the assessment identified in EC Section 60640 in evaluating student progress. Satisfaction of this condition should be determined by the Executive Director of the SBE based primarily on the advice of CDE staff.

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Student Attendance Accounting. Prior to opening, submit for approval the specific means to be used for student attendance accounting and reporting that will be satisfactory to support state average daily attendance claims and satisfy any audits related to attendance that may be conducted. Satisfaction of this condition should be determined by the Executive Director of the SBE based primarily on the advice of the Director of the School Fiscal Services Division. Facilities Agreements. Prior to opening, present written agreements (e.g., a lease or similar document) indicating the schools right to use the principal school sites and any ancillary facilities identified by the petitioners for at least the first year of each schools operation and evidence that the facilities will be adequate for the schools needs. Satisfaction of this condition should be determined by the Executive Director of the SBE based primarily on the advice of the Director of the School Facilities Planning Division. Zoning and Occupancy. Not less than 30 days prior to the schools opening, present evidence that each schools facility is located in an area properly zoned for operation of a school and has been cleared for student occupancy by all appropriate local authorities. For good cause, the Executive Director of the SBE may reduce this requirement to fewer than 30 days, but may not reduce the requirement to fewer than 10 days. Satisfaction of this condition should be determined by the Executive Director of the SBE based primarily on the advice of the Director of the School Facilities Planning Division. Final Charter. Prior to opening, present a final charter that includes all provisions and/or modifications of provisions that reflect appropriately the SBE as the chartering authority and otherwise address all concerns identified by CDE and/or SBE staff, and that includes a specification that the school will not operate satellite schools, campuses, sites, resource centers or meeting spaces not identified in the charter without the prior written approval of the Executive Director of the SBE based primarily on the advice of the Charter Schools Division staff. Satisfaction of this condition is determined by the Executive Director of the SBE based primarily on the advice of the Director of the Charter Schools Division. Processing of Employment Contributions. Prior to the employment of any individuals by the school, present evidence that the school has made appropriate arrangements for the processing of the employees retirement contributions to the California Public Employees Retirement System (CalPERS) and the California State Teachers Retirement System (CalSTRS). Operational Date. If any deadline specified in these conditions is not met, approval of the charter is terminated, unless the SBE deletes or extends the deadline not met. If the school is not in operation by September 30, 2014, approval of the charter is terminated.

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