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

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California Department of EducationCharter Schools DivisionREV. 11/2011accs-jun13item01 ITEM # __

ADVISORY COMMISSION ON CHARTER SCHOOLSAN ADVISORY BODY TO THE STATE BOARD OF EDUCATION

June 2013 AGENDA

SUBJECT

Petition for Establishment of a Charter School Under theOversight of the State Board of Education: Consideration ofNeighborhood Arts and Sciences Academy, which was deniedby the Chino Valley Unified School District and the San

Bernardino County Office of Education.

Action

Information

SUMMARY OF THE ISSUE

On June 14, 2012, the Chino Valley Unified School District (CVUSD) voted to deny theNeighborhood Arts and Sciences Academy (NASA) charter petition by a vote of five tozero. The San Bernardino County Board of Education (SBCBE) voted to deny thepetition 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 charterschool 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 petitionerssubmitted 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 SBEhold a public hearing to approve, with technical amendments as specified in Attachment1, the petition to establish NASA under the oversight of the SBE based on the CDEsfindings pursuant to ECsections47605(b)(1) and 47605(b)(5) as well as California

Code of Regulations, Title 5 (5 CCR) Section 11967.5. The CDE recommends that theSBE approve NASA for an initial period of three years (201415 through 201617). TheCDE staff recommends an initial approval for three years to allow the petitioners topresent their academic progress and student enrollment to the SBE after two years ofoperation. The CDE will conduct a pre-opening site visit at least 30 days prior to thescheduled opening date. Written authorization from the CDE would be required prior tothe operation of any additional facility.


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accs-jun13item01Page 2 of 4

BRIEF ANALYSIS OF THE ISSUE

The NASA petitioners originally sought to establish a charter school under the oversightof 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. Thesecond 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 deniedon November 5, 2012. The NASA petitioners submitted an appeal to the SBE onDecember 14, 2012. The CDE reviewed this petition, however it was brought to theCDEs attention that the charter petition submitted to CVUSD and the petition submittedto and reviewed by the SBE were not the same. The item was retracted and thepetitioners resubmitted the correct version of the charter petition that had beenconsidered 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 originalsubmitted to the CVUSD and the petition considered and denied by the SBCBE. Theschool is now requesting to open in the 201415 school year rather than 201314 sincethere was a delay in the decision on the appeal. The CDE reviewed a copy of thecharter petition as denied by the SBCBE perCCRSection 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 CVUSDand SBCBE. (Attachment 7)

The petitioners propose to serve approximately 810 students in kindergarten throughgrade eight. The petition identifies eight fundamental goals for all students: (1) preparingstudents 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 thesciences and visual arts, (6) media literacy, (7) citizenship, and (8) developing a healthylifestyle. The student population is expected to be demographically similar to CVUSD.NASA anticipates that 16.7 percent of their students will be English learners andbetween 10 and 12 percent will be eligible for special education services.

The CVUSD denied the NASA charter petition on four findings: (1) the petition presentsan 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 containreasonably comprehensive descriptions of the sixteen required elements, and (4) thepetition does not contain the required affirmations of each of the conditions described insubdivision (d) ofEC47605. The CVUSD written findings are provided in Attachment 7.

The SBCBE denied the NASA charter petition on three findings: (1) the charter presentsan unsound educational program, (2) the petitioners are unlikely to successfullyimplement the program set forth in the petition, and (3) the charter does not containreasonably comprehensive descriptions of all the required elements. The SBCBEwritten findings are provided in Attachment 7. A summary of each of the findings, thepetitioners responses and CDEs analysis of the findings can be found starting on page24 of Attachment 1.

The CDE reviewed the NASA charter petition and the CVUSD and SBCBE findings. TheCDE finds that the NASA petitioners provide a comprehensive description of theeducational program, which is provided on pages 1237 of their charter petition

(Attachment 3). The NASA petitioners detail their curriculum starting on page 102 of thecharter petition for each of the core subject areas, provide an academic schedule andcalendar, and include a narrative about a typical day at NASA. Additionally, theeducation program contains a plan to meet the needs of English learners (page 185 ofthe charter petition), high achieving students (page 193 of the charter petition), lowachieving 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 overarchingpedagogical model for its educational program because it will integrate content andprocess 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 charterpetition that the school will purchase a state-approved curriculum and provides a list ofinstructional materials that will be considered and will be aligned with the Californiastate content standards. The CDE finds that the petition provides a detailed descriptionof the core subject areas that will be taught as part of the kindergarten through gradeeight curriculums.

The CDE finds that the NASA petitioners are likely to successfully implement theprogram set forth in the charter petition. The CVUSD and SBCBE both had concernsregarding the budget due to NASAs large enrollment target. The CDE staff hasconfirmed with the petitioners that they still have the interest and support of the localcommunity; the petitioners are confident they can meet the proposed enrollment target.However, the CDE staff recommends an initial approval for three years to allow thepetitioners to present their academic progress and student enrollment to the SBE aftertwo years of operation. The CDE staff review found the budget to be fiscally sound. TheNASA 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 toECSection 47605(b)(5) and 5 CCRSection11967.5.1.

ATTACHMENT(S)

Attachment 1: California Department of Education Charter School Petition ReviewForm: 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 (393Pages)

Attachment 4: Neighborhood Arts and Sciences Academy Budget Information (78Pages)

Attachment 5: Appendix and Attachments to Neighborhood Arts and SciencesAcademy petition (773 Pages)

Attachment 6: Cover Letter and Necessary Changes to the Neighborhood Arts andSciences Academy Charter Petition to Reflect State Board of Education

Authorization (6 Pages)

Attachment 7: Chino Valley Unified School District and the San Bernardino CountyOffice 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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accs-jun13item01Attachment 1

Page 1 of 28

California Department of EducationCharter School Petition Review Form:

Neighborhood Arts and Sciences Academy

Key Information Regarding Neighborhood Arts and Sciences Academy

ProposedGradeSpan andBuildoutPlan

Neighborhood Arts and Sciences Academy (NASA) proposes to servestudents in kindergarten through grade eight. The projected enrollmentfor the 201314* school year is 810 students. The program intends tooffer transitional kindergarten (TK).

201314 Projected Enrollment

Grade Year 1 Year 2 Year 3 Year 4 Year 5

TK/K 90 90 90 90 90

1 90 90 90 90 90

2 90 90 90 90 903 90 90 90 90 90

4 90 90 90 90 90

5 90 90 90 90 90

6 90 90 90 90 90

7 90 90 90 90 90

8 90 90 90 90 90

Total 810 810 810 810 810

The petitioners project that a majority of the students would be residentsof Chino, Chino Hills, and Ontario who currently attend Chino ValleyUnified School District (CVUSD).

*If approved, the petitioners plan to open in the 201415 school yeardue to the extended authorization process. The projected enrollmentwould be the same for the 201415 school year.

ProposedLocation

Chino Valley, California in San Bernardino CountyThe petitioners have requested a Proposition 39 facility from CVUSD.

BriefHistory

On June 14, 2012, the CVUSD voted to deny the NASA charter petitionby a vote of five to zero. The San Bernardino County Board of Educationvoted to deny the petition on appeal by a vote of four to zero onNovember 5, 2012.

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Page 2 of 28

LeadPetitioner

Tonia Herr

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Page 3 of 28

Summary of Required Charter Elements Pursuant toCalifornia Education Code (EC) Section 47605(b)

Charter Elements Required Pursuant to ECSection

47605(b)

Meets

RequirementsSound Educational Practice Yes

Ability to Successfully Implement the Intended Program Yes

Required Number of Signatures Yes

Affirmation of Specified Conditions Yes

1 Description of Educational Program Yes*

2 Measureable Pupil Outcomes Yes*

3 Method for Measuring Pupil Progress Yes

4 Governance Structure Yes*

5 Employee Qualifications Yes

6 Health and Safety Procedures Yes*7 Racial and Ethnic Balance Yes

8 Admission Requirements Yes*

9 Annual Independent Financial Audits Yes

10 Suspension and Expulsion Procedures Yes*

11 Retirement Coverage Yes

12 Public School Attendance Alternatives Yes

13 Post-employment Rights of Employees Yes

14 Dispute Resolution Procedures Yes

15 Exclusive Public School Employer Yes

16 Closure Procedures Yes*

Standards, Assessments, and Parent Consultation YesEmployment is Voluntary N/A

Pupil Attendance is Voluntary Yes

Effect on Authorizer and Financial Projections Yes*

Academically Low Achieving Pupils Yes

Teacher Credentialing Yes

Transmission of Audit Report Yes

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

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Page 4 of 28

Requirements for State Board of Education-Authorized Charter Schools

Sound EducationalPractice

ECSection 47605(b)

5 CCRSection 11967.5.1(a) and (b)

Evaluation Criteria

For purposes ofECSection 47605(b), a charter petition shall be consistent with soundeducational practice if, in the SBEs judgment, it is likely to be of educational benefit topupils who attend. A charter school need not be designed or intended to meet theeducational needs of every student who might possibly seek to enroll in order for thecharter to be granted by the SBE.

For purposes ofECSection 47605(b)(1), a charter petition shall be an unsoundeducational program if it is either of the following:

(1) A program that involves activities that the SBE determines would present thelikelihood 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 thepupils 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 gradeskindergarten through eight within the boundaries of the CVUSD, mostly from the citiesof Chino, Chino Valley, and Ontario. The school anticipates hiring 36 teachers to serveapproximately 810 students in 201415. Surrounding demographic data for the area arepresented in Attachment 2.

The petitioners seek to be a premier educational option for students living in and aroundthe 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 providestudents with the skills required to create personal, cultural, educational, and socialwealth.

The NASA charter petition describes an educational program that is likely to be ofeducational benefit to the pupils who attend. The petition outlines an educationalprogram 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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Page 5 of 28

Ability to Successfully Implement the IntendedProgram

ECSection 47605(b)(2)5 CCRSection 11967.5.1(c)

Evaluation CriteriaFor purposes ofECSection 47605(b)(2), the SBE shall take the following factors intoconsideration in determining whether charter petitioners are "demonstrably unlikely tosuccessfully 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 asunsuccessful, e.g., the petitioners have been associated with a charter school ofwhich the charter has been revoked or a private school that has ceasedoperation 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 charterschool.

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 tosecure the services of individuals who have the necessary background incurriculum, instruction, assessment, and finance and business management.

Are the petitioners able to successfully implement the intendedprogram?

Yes

Comments:

The California Department of Education (CDE) finds that NASA is likely to successfullyimplement the program proposed in the charter petition. The CDE reviewed a 3-yearbudget and cash flow projections and finds that NASAs petition is fiscally sustainableand presents a balanced budget. However, the CDE notes that as a new entity, thecharter 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. Thepetitioners submitted documentation of interested parents in the appendix of the petition(Attachment 5). Additionally, the CDE staff contacted the petitioners to confirm thatthere was still sufficient parent and community interest in the school given the delayedopening. The petitioners stated they are confident in the schools ability to achieve anenrollment target of 810 students based on their recruitment efforts, local mediacoverage, and ongoing communication with interested parents. The CDE recommends

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Page 6 of 28

an initial approval of three years to allow the petitioners to present an update on studentenrollment after two full years of operation.

Required Number of SignaturesEC Section 47605(b)(3)

5 CCRSection 11967.5.1(d)Evaluation CriteriaFor purposes ofECSection 47605(b)(3), a charter petition that does not contain thenumber of signatures required by [law]shall be a petition that did not contain therequisite number of signatures at the time of its submission

Does the petition contain the required number of signatures at the timeof its submission? Yes

Comments:

The NASA petition contained the required number of signatures at the time of its

submission.

Affirmation of Specified Conditions

ECSection 47605(b)(4)

ECSection 47605(d)5 CCRSection 11967.5.1(e)

Evaluation CriteriaFor purposes ofECSection 47605(b)(4), a charter petition that "does not contain anaffirmation of each of the conditions described in [ECSection 47605(d)]"shall be apetition 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 thatthe charter will fail to comply with the conditions described in ECSection 47605(d).

(1) [A] charter school shall be nonsectarian in its programs,admission policies, employment practices, and all otheroperations, shall not charge tuition, and shall not discriminateagainst any pupil on the basis of disability, gender, genderidentity, gender expression, nationality, race or ethnicity, religion,sexual orientation, or any other characteristic that is contained inthe definition of hate crimes set forth in Section 422.55 of theCalifornia 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 orguardian, within this state, except that any existing public schoolconverting partially or entirely to a charter school under this partshall adopt and maintain a policy giving admission preference topupils who reside within the former attendance area of thatpublic school.

Yes

(2) (A) A charter school shall admit all pupils who wish to attend theschool.

Yes

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Page 7 of 28

Affirmation of Specified Conditions

ECSection 47605(b)(4)

ECSection 47605(d)5 CCRSection 11967.5.1(e)

(B) However, if the number of pupils who wish to attend thecharter school exceeds the school's capacity, attendance,except for existing pupils of the charter school, shall bedetermined by a public random drawing. Preference shall beextended to pupils currently attending the charter school andpupils who reside in the district except as provided for in ECSection 47614.5. Other preferences may be permitted by thechartering authority on an individual school basis and only ifconsistent with the law.

(C) In the event of a drawing, the chartering authority shall make

reasonable efforts to accommodate the growth of the charterschool and, in no event, shall take any action to impede thecharter school from expanding enrollment to meet pupildemand.

(3) If a pupil is expelled or leaves the charter school withoutgraduating or completing the school year for any reason, thecharter school shall notify the superintendent of the schooldistrict of the pupils last known address within 30 days, andshall, upon request, provide that school district with a copy of thecumulative record of the pupil, including a transcript of grades orreport card, and health information. This paragraph applies onlyto pupils subject to compulsory full-time education pursuant to[EC] Section 48200.

Yes

Does the charter petition contain the required affirmations? Yes

Comments:

The NASA petition contains all of the required affirmations.

The 16 Charter Elements

1. Description of Educational Program ECSection 47605(b)(5)(A)5 CCRSection 11967.5.1(f)(1)

Evaluation CriteriaThe description of the educational program, as required by ECSection 47605(b)(5)(A), at aminimum:

(A) Indicates the proposed charter schools target student population,including, at a minimum, grade levels, approximate numbers of pupils,and specific educational interests, backgrounds, or challenges.

Yes

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Page 8 of 28

1. Description of Educational ProgramECSection 47605(b)(5)(A)

5 CCRSection 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 whichconveys the petitioners' definition of an "educated person in the 21st

century, belief of how learning best occurs, and goals consistent withenabling pupils to become or remain self-motivated, competent, andlifelong learners.

Yes

(C) Includes a framework for instructional design that is aligned with theneeds of the pupils that the charter school has identified as its targetstudent 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 willutilize, including, but not limited to, the curriculum and teaching methods(or a process for developing the curriculum and teaching methods) that

will enable the schools pupils to master the content standards for thefour core curriculum areas adopted by the SBE pursuant to ECSection60605 and to achieve the objectives specified in the charter.

Yes

(F) Indicates how the charter school will identify and respond to the needs ofpupils who are not achieving at or above expected levels.

Yes

(G) Indicates how the charter school will meet the needs of students withdisabilities, EL, students achieving substantially above or below gradelevel expectations, and other special student populations.

Yes

(H) Specifies the charter schools special education plan, including, but notlimited to, the means by which the charter school will comply with theprovisions ofECSection 47641, the process to be used to identifystudents who qualify for special education programs and services, how

the school will provide or access special education programs andservices, the schools understanding of its responsibilities under law forspecial education pupils, and how the school intends to meet thoseresponsibilities.

Yes

Does the petition overall present a reasonably comprehensive descriptionof the educational program?

Yes;Technical

AmendmentRequired

Comments:

The NASA charter petition describes an educational program which includes researchbased strategies and seeks to meet the needs of all students. The petition describeseleven components of their instructional approach which align with the mission toprovide a well-balanced educational program to a diverse student population. It alsodescribes support programs that will be implemented to promote a positive schoolculture.

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Page 9 of 28

Educational Program

The NASA petition proposes to use a variety of research-based strategies and methodsto meet the needs of all students. The NASA petition states it will adopt the ThinkingCurriculum as an overarching pedagogical model. The curriculum will integrate content

and process with real world experiences and allows students to build confidence andregulate their own learning. The Thinking Curriculum was selected to support thedevelopment of self-motivated, competent, lifelong learners. In addition to the ThinkingCurriculum, the school has identified the following strategies and programs to supporttheir mission: data-driven instruction, research-based instructional strategies, medialiteracy, biliteracy development, mathematics as a language, instruction in the arts,project-based learning, community partnerships, service learning, and Response toInstruction and Intervention.

The NASA petition states that the school will purchase a state-approved curriculum thatis 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 physicaleducation. 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 guidingprinciples specific to the charter school. The petition also describes an educationalprogram for Transitional Kindergarten.

In addition to the core educational program, the school will implement a variety ofprograms addressing the whole child. These programs will include charactereducation, 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 beprovided 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 throughtheir overall educational program. Additionally, staff will be trained to implement bestpractices to meet the needs of low-achieving students, such as setting highexpectations, reality-based teaching, active learning, varied grouping, cooperativelearning, peer tutoring, cross-age tutoring, metacognition, varied assessments, anddirect interactive instruction. Teachers will make classroom modifications to materials,

methods, and environment to meet the needs of all students. The petition describes athree-tiered Response to Instruction and Intervention model; daily intervention isprovided in the bell schedule. The petition identified the Student Success Team (SST)process to provide additional support for struggling students and the use ofIlluminate,or a similar tool to track student performance.

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accs-jun13item01Attachment 1Page 10 of 28

Plan for High-Achieving Students

NASA plans to identify high-achieving students through parent, teacher, or administratorreferral. Multiple measures will be used to qualify students for Gifted and TalentedEducation (GATE) including home and teacher survey, standardized test scores, and

grades. High-achieving and GATE-identified student will be clustered and providedchallenge assignments and group projects. Teachers will use the Icons of DepthComplexity 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 Englishlanguage learner education and redesignation. The petition provides that the school willmeet all requirements of federal and state law relative to equal access to the curriculumfor English learners (EL). CDE understands this as an assurance that NASA will complywith all federal and state laws regarding EL. The petition describes the process for

identifying, assessing and redesignating EL students. The school will use data fromCalifornia English Language Development Test (CELDT) results, school assessments,staff observations in consultation with the student and students family to determineEnglish Language Development (ELD) proficiency level and reclassification. Thepetition provides a broad description of the schools plan to serve EL students andidentifies specific strategies and techniques teachers will use during ELD instruction.The petition states that they will only hire teachers authorized to teach EL and provideprofessional development on instructional strategies and activities for EL students. Thepetition could be strengthened by describing a plan for embedding ELD strategies in theNASA curricular program and providing appropriate professional development toprincipals, 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 ifauthorized 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 locallyand by West End, NASA would seek membership in the El Dorado County CharterSELPA.

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 mostclosely aligns with SBE authorization.

NASAs plan for special education states the process the school will use to identifystudents for special education services and the IEP process. The petition states that theschool will work with a SELPA and a third party provider to meet all the requirements ofa students individualized education plan (IEP). The petitioners plan to hire a SpecialEducation 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 leadershipcommittee, will be responsible for coordinating and facilitating services.

Technical Amendment:

Although the petition provides a reasonable description of the educational program, theCDE recommends a technical amendment to include written assurances that NASA willparticipate as an LEA of a special education plan approved by the SBE.

2. Measureable Pupil OutcomesECSection 47605(b)(5)(B)

5 CCRSection 11967.5.1(f)(2)

Evaluation CriteriaMeasurable pupil outcomes, as required by ECSection 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, byobjective means that are frequent and sufficiently detailed enoughto determine whether pupils are making satisfactory progress. It isintended that the frequency of objective means of measuring pupiloutcomes vary according to such factors as grade level, subjectmatter, the outcome of previous objective measurements, andinformation that may be collected from anecdotal sources. To besufficiently detailed, objective means of measuring pupil outcomesmust be capable of being used readily to evaluate theeffectiveness of and to modify instruction for individual studentsand for groups of students.

Yes

(B) Include the schools API growth target, if applicable. Yes

Does the petition present a reasonably comprehensive descriptionof measurable pupil outcomes?

Yes; TechnicalAmendment

Required

Comments:

The CDE finds that measurable pupil outcomes listed on page 239267 will not allow fora comprehensive evaluation of the schools education program during the monitoringand renewal process because the goals more closely align to the grade level contentstandards and are not measurable. However, page 281 of the petitions Methods forMeasuring Pupil Progress section does provide six goals that do appear to be

measureable, but the CDE is concerned that the proposed attendance rate, parentssurvey rate, and parent participation rate targets are tied to unrealistically highattainment levels.


The CDE recommends that NASA adopt the goals provided on petition page 281of thepetition 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 willneed to update their goals to reflect the adoption of the Common Core State Standardsand the new state accountability system, once finalized. The CDE also recommendsincluding the goals on pages 278279 of the petition for ELA, math, science, andhistory/social sciences as a subset of the Academic Performance Index goals listed on

page 281 of the petition.

Comments:

The NASA petition presents a reasonably comprehensive description of the method formeasuring pupil progress. Although the assessment matrices in the Method forMeasuring Pupil Progress section of the charter petition list three types of performancegoals, the CDE understands the Stakeholder Performance Goals on petition page 281as the method by which pupil progress will be measured.

4. Governance StructureECSection 47605(b)(5)(D)

5 CCRSection 11967.5.1(f)(4)

Evaluation CriteriaThe governance structure of the school, including, but not limited to, the processto ensureparental involvement, as required by ECSection 47605(b)(5)(D), at a minimum:

(A) Includes evidence of the charter schools incorporation as a non-profit public benefit corporation, if applicable.

Yes

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3. Method for Measuring Pupil ProgressECSection 47605(b)(5)(C)

5 CCRSection 11967.5.1(f)(3)

Evaluation CriteriaThe method for measuring pupil progress, as required by ECSection 47605(b)(5)(C), at aminimum:

(A) Utilizes a variety of assessment tools that are appropriate tothe skills, knowledge, or attitudes being assessed, including,

at minimum, tools that employ objective means ofassessment consistent with the measurable pupil outcomes.

Yes

(B) Includes the annual assessment results from theStandardized Testing and Reporting (STAR) program.

Yes

(C) Outlines a plan for collecting, analyzing, and reporting dataon pupil achievement to school staff and to pupils parentsand guardians, and for utilizing the data continuously tomonitor and improve the charter schools educationalprogram.

Yes

Does the petition present a reasonably comprehensivedescription of the method for measuring pupil progress?

Yes


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4. Governance StructureECSection 47605(b)(5)(D)

5 CCRSection 11967.5.1(f)(4)(B) Includes evidence that the organizational and technical designs of

the governance structure reflect a seriousness of purpose necessaryto ensure that:

1. The charter school will become and remain a viable enterprise.

2. There will be active and effective representation of interestedparties, including, but not limited to parents (guardians).

3. The educational program will be successful.

Yes

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


Required

Comments:

The NASA charter petition presents a reasonably comprehensive description ofgovernance structure. The board will consist of no less than five members and as manyas 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.


The NASA petition appears to address all requirements ofECSection 47605(b)(5)(D)and 5 CCRSection 11967.5.1(f)(4), however the CDE recommends a technicalamendment to assure that NASA will also comply with the provisions of Government

Code section 1090, et. seq., and common law rules against conflicts.

5. Employee QualificationsECSection 47605(b)(5)(E)

5 CCRSection 11967.5.1(f)(5)

Evaluation CriteriaThe qualifications (of the schools employees), as required by ECSection 47605(b)(5)(E), at aminimum:

(A) Identify general qualifications for the various categories of employees theschool anticipates (e.g., administrative, instructional, instructional support,non-instructional support). The qualifications shall be sufficient to ensure thehealth and safety of the schools faculty, staff, and pupils.

Yes

(B) Identify those positions that the charter school regards as key in eachcategory and specify the additional qualifications expected of individualsassigned to those positions.

Yes

(C) Specify that all requirements for employment set forth in applicableprovisions of law will be met, including, but not limited to, credentials asnecessary.

Yes

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5. Employee QualificationsECSection 47605(b)(5)(E)

5 CCRSection 11967.5.1(f)(5)Does the petition present a reasonably comprehensive description ofemployee qualifications?

Yes

Comments:

The NASA charter petition presents a reasonably comprehensive description ofemployee qualifications. The petitioners commit to complying with all state and federallaws in hiring and retaining personnel.

6. Health and Safety ProceduresECSection 47605(b)(5)(F)

5 CCRSection 11967.5.1(f)(6)

Evaluation Criteria

The proceduresto ensure the health and safety of pupils and staff, as required by ECSection47605(b)(5)(F), at a minimum:(A) Require that each employee of the school furnish the school with a

criminal record summary as described in ECSection 44237.Yes

(B) Include the examination of faculty and staff for tuberculosis as describedin ECSection 49406.

Yes

(C) Require immunization of pupils as a condition of school attendance to thesame extent as would apply if the pupils attended a non-charter publicschool.

Yes

(D) Provide for the screening of pupils vision and hearing and the screeningof pupils for scoliosis to the same extent as would be required if thepupils attended a non-charter public school.

Yes

Does the petition present a reasonably comprehensive description ofhealth and safety procedures?

Yes;Technical

AmendmentRequired

Comments:

The NASA charter petition presents a reasonably comprehensive description of healthand safety procedures to be used at the school. The petition states that a School SafetyPlan will be developed prior to the opening of school and reviewed on an annual basis.


The CDE recommends a technical amendment requiring long-term volunteers and allcontractors who have contact with students to also submit a TB test and periodic testingthereafter, as described in ECSection 49406.

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7. Racial and Ethnic BalanceECSection 47605(b)(5)(G)

5 CCRSection 11967.5.1(f)(7)

Evaluation CriteriaRecognizing 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 balanceamong its pupils that is reflective of the general population residing within the territorial

jurisdiction of the school district, as required by ECSection 47605(b)(5)(G), shall bepresumed to have been met, absent specific information to the contrary.

Does the petition present a reasonablycomprehensive description of means forachieving racial and ethnic balance?

Yes

Comments:

The NASA petition presents a reasonably comprehensive description of the means forachieving a racial and ethnic balance at the school. NASA will utilize culturally inclusiveoutreach activities to achieve the racial and ethnic balance of the general population.

Comments:

The NASA admission policy presents a reasonably comprehensive description ofadmissions requirements. NASAs admission policy states that if the number of studentswho wish to attend exceeds the charter schools capacity, a single, public, randomlottery will be held. The petition states that NASA will extend an admission preference todistrict residents. The petition also states that siblings of existing students and children

of teachers and founding team members will be exempt from the lottery.


The CDE finds that a complete exemption would essentially nullify ECSection 47605(d)(2)(B) that requires preference to students currently attending the school and pupils whoreside in the district. The CDE recommends a technical amendment to change theproposed exemptions to preferences.

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8. Admission Requirements, IfApplicable

ECSection 47605(b)(5)(H)5 CCRSection 11967.5.1(f)(8)

Evaluation CriteriaTo the extent admission requirements are included in keeping with ECSection 47605(b)(5)(H),the requirements shall be in compliance with the requirements ofECSection 47605(d) and anyother applicable provision of law.

Does the petition present a reasonably comprehensivedescription of admission requirements?

Yes; Technical AmendmentRequired


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9. Annual Independent Financial AuditsECSection 47605(b)(5)(I)

5 CCRSection 11967.5.1(f)(9)

Evaluation CriteriaThe manner in which annual independent financial audits shall be conducted using generallyaccepted accounting principles, and the manner in which audit exceptions and deficiencies shallbe resolved to the SBEs satisfaction, as required by ECSection 47605(b)(5)(I), at a minimum:

(A) Specify who is responsible for contracting and overseeing the independentaudit.

Yes

(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 otheragency as the SBE may direct, and specifying the timeline in which auditexceptions will typically be addressed.

Yes

(D) Indicate the process that the charter school(s) will follow to address any audit

findings and/or resolve any audit exceptions.

Yes

Does the petition present a reasonably comprehensive description of annualindependent financial audits?

Yes

Comments:

The NASA charter petition presents a reasonably comprehensive description of themanner in which annual independent financial audits will be conducted.

10. Suspension and Expulsion ProceduresECSection 47605(b)(5)(J)

5 CCRSection 11967.5.1(f)(10)

Evaluation CriteriaThe procedures by which pupils can be suspended or expelled, as required by ECSection47605(b)(5)(J), at a minimum:

(A) Identify a preliminary list, subject to later revision pursuant tosubparagraph (E), of the offenses for which students in thecharter school must (where non-discretionary) and may (wherediscretionary) be suspended and, separately, the offenses forwhich students in the charter school must (where non-discretionary) or may (where discretionary) be expelled, providingevidence that the petitioners reviewed the offenses for whichstudents must or may be suspended or expelled in non-charterpublic schools.

Yes

(B) Identify the procedures by which pupils can be suspended orexpelled.

Yes

(C) Identify the procedures by which parents, guardians, and pupilswill be informed about reasons for suspension or expulsion andof their due process rights in regard to suspension or expulsion.

Yes

(D) Provide evidence that in preparing the lists of offenses specifiedin subparagraph (A) and the procedures specified in

Yes

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10. Suspension and Expulsion ProceduresECSection 47605(b)(5)(J)

5 CCRSection 11967.5.1(f)(10)subparagraphs (B) and (C), the petitioners reviewed the lists ofoffenses and procedures that apply to students attending non-charter public schools, and provide evidence that the charter

petitioners believe their proposed lists of offenses andprocedures provide adequate safety for students, staff, andvisitors to the school and serve the best interests the schoolspupils 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 anunderstanding of the rights of pupils with disabilities inregard to suspension and expulsion.

2. Outline how detailed policies and procedures regarding

suspension and expulsion will be developed and periodicallyreviewed, including, but not limited to, periodic review and (asnecessary) modification of the lists of offenses for whichstudents are subject to suspension or expulsion.

Yes

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


Required

Comments:

The NASA charter petition presents a reasonably comprehensive description ofsuspension and expulsion procedures to be used by the school. A formal policy will beadopted by August 2013 and reviewed on an annual basis by the Student DisciplineCommittee.


The petition appears to address all requirements ofECSection 47605(b)(5)(J) and 5CCRSection 11967.5.1(f)(10). The petition provides for an expulsion appeal processthat includes filing of an appeal with the County Board of Education. The CDErecommends a technical amendment to provide assurance that the County Board ofEducation agrees to hear the appeal if the charter is approved by the SBE.

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11. California State Teacher RetirementSystem, California Public Employees

Retirement System, and Social SecurityCoverage

ECSection 47605(b)(5)(K)

5 CCRSection 11967.5.1(f)(11)

Evaluation CriteriaThe manner by which staff members of the charter schools will be covered by California StateTeacher Retirement System (CALSTRS), California Public Employees Retirement System(CALPERS), or federal social security, as required by ECSection 47605(b)(5) (K), at aminimum, specifies the positions to be covered under each system and the staff who will beresponsible for ensuring that appropriate arrangements for that coverage have been made.

Does the petition present a reasonably comprehensive description ofCalSTRS, CalPERS, and social security coverage?

Yes

Comments:

The NASA charter petition includes a reasonably comprehensive description of theretirement programs offered by the school.

12. Public School Attendance AlternativesECSection 47605(b)(5)(L)

5 CCRSection 11967.5.1(f)(12)

Evaluation CriteriaThe public school attendance alternatives for pupils residing within the school district who

choose not to attend charter schools, as required by ECSection 47605(b)(5)(L), at a minimum,specify that the parent or guardian of each pupil enrolled in the charter school shall be informedthat 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 tothe extent that such a right is extended by the LEA.

Does the petition present a reasonably comprehensivedescription of public school attendance alternatives?

Yes

Comments:

The NASA charter petition presents a reasonably comprehensive description of thepublic school alternatives available to NASA students.

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13. Post-employment Rights of EmployeesECSection 47605(b)(5)(M)

5 CCRSection 11967.5.1(f)(13)

Evaluation Criteria

The description of the rights of any employees of the school district upon leaving theemployment of the school district to work in a charter school, and of any rights of return to theschool district after employment at a charter school, as required by ECSection 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 charterschool that the LEA may specify.

Yes

(B) Any rights of return to employment in an LEA after employment in the charterschool as the LEA may specify.

Yes

(C) Any other rights upon leaving employment to work in the charter school andany 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 anyprovisions of law that apply to the charter school or to the employer fromwhich the employee comes to the charter school or to which the employeereturns from the charter school.

Yes

Does the petition present a reasonably comprehensive description of post-employment rights of employees?

Yes

Comments:

The NASA charter petition presents a reasonably comprehensive description of thepost-employment rights of NASA employees.

14. Dispute Resolution ProceduresECSection 47605(b)(5)(N)

5 CCRSection 11967.5.1(f)(14)

Evaluation CriteriaThe procedures to be followed by the charter school and the entity granting the charter toresolve disputes relating to the provisions of the charter, as required by ECSection 47605(b)(5)(N), at a minimum:

(A) Include any specific provisions relating to dispute resolution that the SBEdetermines necessary and appropriate in recognition of the fact that the SBEis not a LEA.

Yes

(B) Describe how the costs of the dispute resolution process, if needed, would befunded.

Yes

(C) Recognize that, because it is not a LEA, the SBE may choose to resolve adispute directly instead of pursuing the dispute resolution process specified inthe charter, provided that if the SBE intends to resolve a dispute directlyinstead of pursuing the dispute resolution process specified in the charter, itmust first hold a public hearing to consider arguments for and against thedirect resolution of the dispute instead of pursuing the dispute resolutionprocess specified in the charter.

Yes

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14. Dispute Resolution ProceduresECSection 47605(b)(5)(N)

5 CCRSection 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 thecharter in accordance with ECSection 47604.5, the matter will be addressed

at the SBEs discretion in accordance with that provision of law and anyregulations pertaining thereto.

Yes

Does the petition present a reasonably comprehensive description of disputeresolution procedures?

Yes

Comments:

The NASA charter petition presents a comprehensive description of the schools disputeresolution procedures. The process described requires all disputes to be documented inwriting.

15. Exclusive Public School EmployerECSection 47605(b)(5)(O)

5 CCRSection 11967.5.1(f)(15)

Evaluation CriteriaThe declaration of whether or not the district shall be deemed the exclusive public schoolemployer of the employees of the charter school for the purposes of the EducationalEmployment Relations Act (Chapter 10.7 [commencing with Section 3540] of Division 4 of Title 1of the Government Code), as required by ECSection 47605(b)(5)(O), recognizes that the SBEis not an exclusive public school employer and that, therefore, the charter school must be theexclusive 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 publicschool employer of the employees of the charter school for the purposes of theEducational Employment Act. The petition states that Neighborhood Charter

Academies, Inc. will be considered the exclusive public school employer of the CharterSchool for the purposes of the Educational Employment Relations Act. Petition, page376.

16. Closure ProceduresECSection 47605(b)(5)(P)

5 CCRSection 11967.5.1(f)(15)(g)

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

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16. Closure ProceduresECSection 47605(b)(5)(P)

5 CCRSection 11967.5.1(f)(15)(g)disposition of all assets and liabilities of the charter school, including plans for disposing of anynet assets and for the maintenance and transfer of pupil records.

Does the petition include a reasonably comprehensive description ofclosure procedures?

Yes;

TechnicalAmendment

Required

Comments:

While the NASA petition addresses most of the required procedures regarding schoolclosure, the petition does not address 5 CCRSection 11962(d) because it did notinclude the designation of a responsible entity to conduct closure-related activities.


The CDE recommends a technical amendment to the petition that designates aresponsible entity to conduct closure-related activities.

ADDITIONAL REQUIREMENTS UNDER ECSECTION 47605

Standards, Assessments, and ParentConsultation

ECSection 47605(c)5 CCRSection 11967.5.1(f)(3)

Evaluation CriteriaEvidence is provided that:

(1) The school shall meet all statewide standards and conduct the pupilassessments required pursuant to ECsections 60605, 60851, and any otherstatewide standards authorized in statute or pupil assessments applicable topupils in non-charter public schools.

Yes

(2) The school shall, on a regular basis, consult with their parents and teachersregarding the schools educational programs.

Yes

Does the petition provide evidence addressing the requirements regardingstandards, assessments, and parent consultation?

Yes

Comments:

The NASA charter petition states that NASA will meet all statewide standards andconduct all required state-mandated pupil assessments. The petition also includes acommitment by NASA to consult regularly with parents and teachers regarding theschools educational programs.

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Employment is VoluntaryECSection 47605(e)

5 CCRSection 11967.5.1(f)(13)

Evaluation CriteriaThe 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 charterschool will not be part of a school district.

Pupil Attendance is VoluntaryECSection 47605(f)

5 CCRSection 11967.5.1(f)(12)

Evaluation CriteriaThe 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

ECSection 47605(g)

5 CCRSection 11967.5.1(c)(3)(AC)

Evaluation Criteria [T]he petitioners [shall] provide information regarding the proposed operation and potentialeffects of the school, including, but not limited to:

The facilities to be utilized by the school. The description of the facilities

to be used by the charter school shall specify where the school intends tolocate.

Yes

The manner in which administrative services of the school are to be

provided.Yes

Potential civil liability effects, if any, upon the school and the SBE. Yes*

The petitioners shall also provide financial statements that include a proposedfirst-year operational budget, including startup costs, and cash-flow and financialprojections for the first three years of operation.

Yes

Does the petition provide the required information and financialprojections?

Yes;Technical

AmendmentRequired

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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 ExEdas the intended contractor and contracted with ExEd to prepare the charter schoolsfinancial plan. NASA makes adequate assurances that they will maintain all necessaryappropriate insurance coverage and will indemnify the school district as well as namethe district as an additional insured on their liability policy. However, the petition fails toassert that it will indemnify the SBE and name the SBE as an additional insured on theirliability policy.


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.

Academically Low Achieving PupilsECSection 47605(h)

5 CCRSection 11967.5.1(f)(1)(FG)

Evaluation CriteriaIn reviewing petitions, the charter authorizer shall give preference to petitions thatdemonstrate the capability to provide comprehensive learning experiences to pupilsidentified by the petitioners as academically low achieving pursuant to the standardsestablished 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 comprehensivelearning experiences to pupils identified by the petitioners as academically lowachieving.

Teacher CredentialingECSection 47605(l)

5 CCRSection 11967.5.1(f)(5)

Evaluation CriteriaTeachers in charter schools shall be required to hold a California Commission onTeacher Credentialing certificate, permit, or other document equivalent to that which ateacher in other public schools would be required to holdIt is the intent of theLegislature that charter schools be given flexibility with regard to noncore, noncollegepreparatory courses.

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Teacher CredentialingECSection 47605(l)

5 CCRSection 11967.5.1(f)(5)

Does the petition meet this requirement? Yes

Comments:

The NASA charter petition makes clear that teachers will be credentialed as required bylaw. It states that the school will ensure that all teachers hold a Commission onTeacher Credentialing certificate, permit, or other document that a teacher in otherpublic schools would be required to hold.

Transmission of Audit ReportECSection 47605(m)

5 CCRSection 11967.5.1(f)(9)

Evaluation CriteriaA charter school shall transmit a copy of its annual independent financial audit report forthe preceding fiscal yearto the chartering entity, the Controller, the countysuperintendent of schools of the county in which the charter is sited, and the CDE byDecember 15 of each year.

Does the petition address this requirement? Yes

Comments:

The NASA charter petition provides a reasonable description of the transmission of theannual audit report.

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Summary of Findings to Deny Neighborhood Arts and Sciences Academy fromthe 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 tozero. 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 forthe pupils to be enrolled in the charter school.

CVUSD finds that the NASA charter petition fails to implement a legally mandatedtransitional kindergarten (TK) program. CVUSD also found that the plan for Englishlearners (EL) was inadequate, incomplete and constitutes an unsound educationalprogram. 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 tosuccessfully implement the program set forth in the petition.

CVUSD finds that NASAs 5-year budget presents an unrealistic financial andoperational plan because it does not clearly describe the material assumptionsnecessary to support the budgeted amounts. CVUSD finds that NASA did notadequately describe facilities needed to operate the educational program or thestructure for providing administrative services. CVUSD finds that NASA is unfamiliarwith the content of the petition and with requirements of law that would apply to theproposed charter.

Finding #3: The NASA charter petition does not contain reasonably comprehensivedescriptions of ten of the sixteen required elements.

CVUSD finds that the NASA petition did not provide a reasonably comprehensivedescription of the following elements: educational program, method to measure pupilprogress in meeting pupil outcomes, governance structure, procedures to ensure thehealth and safety of students and staff, admissions requirements, procedures by whichpupils 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 charterschool 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 theconditions described in subdivision (d) ofEducation Code (EC) 47605.

CVUSD finds that the NASA charter petition fails to recite the statutory language ofEC220 regarding gender identity and gender expression.

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Summary of Petitioners Response to CVUSD Findings


The NASA petitioners disagree with this finding. The petitioners plan to offer TK. Thepetitioners state that they will comply with all federal, state and district mandates for ELsand provided a detailed program description for ELs. Additionally, the petitioners statethat a charter school is not required to offer bilingual education.


The NASA petitioners disagree with this finding. The petitioners state that they areaware of changing revenue projections and are prepared to make cuts and adjustmentsas necessary. However, they state that their budget will remain fiscally sound even withmore conservative estimates. Additionally, the petitioners state that they have provided

an adequate description of their proposed facility and will used ExEd to provideadministrative services. The petitioners state that they know their petition very well anddid not make numerous factual and legal errors.


The NASA petitioners disagree with this finding. The petitioners state that their petitionprovides a reasonably comprehensive description of the sixteen required elements andalso 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) ofEC47605.

The NASA petitioners disagree with this finding. Based on Education Code Section210.7, the petitioners state that the term gender includes both gender identity andgender expression, and therefore the petition met the requirement. Additionally, thepetitioners stated that the school will not discriminate based on gender identity orgender expression.

CDE Analysis of CVUSD Findings


The CDE disagrees with CVUSD that the petition presents an unsound educationalprogram for the pupils to be enrolled in the charter school. The CDE finds the petitionersprovided a reasonable description of the educational program. The CDE finds that theNASA petition provided sufficient information regarding TK and the EL program. TheNASA petitioners provide a description of a plan for TK on pages 164168 as well as adaily schedule on page 179 of the charter petition. Additionally, the petitioners provide adetailed 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 relatingto EL students.


The CDE disagrees with CVUSD that the petitioners are demonstrably unlikely tosuccessfully implement the program. The CDE agrees that the enrollment target of 810is ambitious; however, the petitioners did provide signatures of intent to enroll andconfirmed parent interest. The CDE review found the NASA petition presents a fiscallysustainable budget.


The CDE disagrees with CVUSD that the petition does not contain reasonablycomprehensive 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 andwould require technical amendments in Attachment 1.

Finding #4: The NASA charter petition does not contain an affirmation of each of theconditions described in subdivision (d) ofEC47605.

The CDE disagrees with CVUSD that the petition does not contain the affirmationregarding gender identity and expression. The petition provides this affirmation on p. ivand 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) votedto deny the petition on appeal by a vote of four to zero. The SBCBE written findings areprovided in Attachment 7.

Summary of SBCBE Findings

Finding #1: The Charter School presents an unsound educational program for thepupils 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 forinstruction in technology. The petition minimally and very inadequately addresses thecontent standards and does not incorporate career technical education anchorstandards or Common Core State Standards. Additionally, the petition does not providean adequate description of the program for English learners and students with specialneeds.

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Finding #2: The Petitioners are demonstrably unlikely to successfully implement theprogram set forth in the Petition.

SBCBE finds several concerns that may impact the fiscal solvency of the charter schoolincluding 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 comprehensivebusiness plan and did not estimate all costs and funding appropriately.

Finding #3: The Charter does not contain reasonably comprehensive descriptions of allthe required elements.

SBCBE finds that the NASA charter petition does not provide a reasonablycomprehensive description of the educational program of the school, governancestructure of the school, and the procedures to be followed to resolve disputes.

Summary of Petitioners Response to SBCBE Findings


The NASA petitioners disagree with this finding and state that it is not supported by factand is an impermissible basis for denial of the charter petition. The petitioners statethat they clearly explained how they will use technology and the types of technology tobe used at the school on pages 71-76 of the charter petition. Additionally, they state thattheir curriculum is founded on the same principles as the Common Core StateStandards and is addressed 20 times throughout element A of the petition. Thepetitioners provide a detailed description of the English learner program in the petitionon pages 185-192. The petitioners believe the description of their plan for specialeducation clearly explains how the school will serve students with special needs andmeets legal requirements.


The NASA petitioners did not specifically address this finding in their written response.


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 NASApetitioners provided a response to specific findings regarding the educational programand believed that they adequately provided a description for this element. Thepetitioners believe that the concern regarding conflict of interest polices undergovernance did not apply to charter schools. Finally, the petitioners stated that theSBCBEs finding regarding dispute resolution was speculation and not based on fact.

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CDE Analysis of SBCBE Findings


The CDE disagrees with SBCBE that the petition presented an unsound educationalprogram for the pupils to be enrolled in the charter school. The petition states that itsprogram will be aligned to the Common Core State Standards throughout the petitionand provides an adequate description of their program for EL and special educationstudents.


The CDE disagrees with SBCBE regarding NASAs financial plan; the CDE foundNASAs budget provided a fiscally sustainable plan.


The CDE disagrees with SBCBE that the petition does not contain reasonablycomprehensive descriptions of all the elements. The petition sections on governancestructure and dispute resolution provide reasonably comprehensive descriptions.

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Page 1 of 2

STATE BOARD OF EDUCATIONSTANDARD 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 becustomary), submit documentation of adequate insurance coverage, including liabilityinsurance, which shall be based on the type and amount of insurance coverage maintainedin 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 ofEducation (CDE), to be the direct oversight entity for the school, specifying the scope ofoversight and reporting activities, including, but not limited to, adequacy and safety offacilities; 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 oversightand 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) formembership as a local educational agency and submit either written verification that theschool is (or will be at the time pupils are being served) participating in the SELPA, or anagreement between a SELPA, a school district that is a member of the SELPA, and theschool that describes the roles and responsibilities of each party and that explicitly statesthat the SELPA and the district consider the schools pupils to be pupils of the schooldistrict 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 thiscondition should be determined by the Executive Director of the SBE based primarily on theadvice of CDE staff following a review of either (1) the schools written plan for membershipin the SELPA, including any proposed contracts with service providers; or (2) theagreement between a SELPA, a school district, and the school, including any proposedcontracts 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 gradesenvisioned by the school; and submit the complete educational program for pupils to beserved in the first year including, but not limited to, a description of the curriculum andidentification of the basic instructional materials to be used; plans for professionaldevelopment of instructional personnel to deliver the curriculum and use the instructionalmaterials; and identification of specific assessments that will be used in addition to theassessment identified in ECSection 60640 in evaluating student progress. Satisfaction ofthis condition should be determined by the Executive Director of the SBE based primarilyon the advice of CDE staff.

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Page 2 of 2

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 attendancethat may be conducted. Satisfaction of this condition should be determined by theExecutive Director of the SBE based primarily on the advice of the Director of the SchoolFiscal 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 anyancillary facilities identified by the petitioners for at least the first year of each schoolsoperation 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 SBEbased 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 aschool and has been cleared for student occupancy by all appropriate local authorities. Forgood cause, the Executive Director of the SBE may reduce this requirement to fewer than30 days, but may not reduce the requirement to fewer than 10 days. Satisfaction of thiscondition should be determined by the Executive Director of the SBE based primarily on theadvice 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 aspecification that the school will not operate satellite schools, campuses, sites, resourcecenters or meeting spaces not identified in the charter without the prior written approval ofthe Executive Director of the SBE based primarily on the advice of the Charter SchoolsDivision staff. Satisfaction of this condition is determined by the Executive Director of theSBE 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 theprocessing of the employees retirement contributions to the California Public EmployeesRetirement 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 schoolis not in operation by September 30, 2014, approval of the charter is terminated.

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

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