Nonclassroom-Based Charter School Resource Center Location

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California Department of Education
Executive Office
SBE-005 General (REV. 08/2014) / ITEM #W-18

CALIFORNIA STATE BOARD OF EDUCATION

MAY 2017 AGENDA
General Waiver
SUBJECT
Request by twenty local educational agencies to waive portions of Education Code Sections 47605 and 47605.1 for twenty-seven charter schools which concern Nonclassroom-Based Charter School Resource Center Location.
Waiver Numbers:
Blochman Union Elementary School District 1-12-2016
Blochman Union Elementary School District 2-12-2016
Borrego Springs Unified School District 30-12-2016
Borrego Springs Unified School District 34-12-2016
Camptonville Elementary School District 7-12-2016
Dehesa Elementary School District 27-12-2016
Dehesa Elementary School District 33-12-2016
Gorman Joint School District 1-1-2017
Helendale Elementary School District 28-12-2016
Helendale Elementary School District 31-12-2016
Hickman Community Charter School District 18-2-2017
Jamul-Dulzura Union Elementary School District 42-12-2016
Julian Union Elementary School District 12-12-2016
Kit Carson Union Elementary School District 21-1-2017
Mattole Unified School District 16-12-2016
Mountain Empire Unified School District 18-12-2016
Mountain Empire Unified School District 20-12-2016
Mountain Empire Unified School District 21-12-2016
Oro Grande Elementary School District 17-12-2016
Raisin City Elementary School District 13-1-2017
Ravendale-Termo Elementary School District 23-12-2016
Robla Elementary School District 4-2-2017
Stone Corral Elementary School District 33-1-2017
Waterford Unified School District 9-12-2016
Westside Elementary School District 8-2-2017
Whitmore Union Elementary School District 38-12-2016
Whitmore Union Elementary School District 37-12-2016 /

Action

Consent

SUMMARY OF THE ISSUES

Twenty local educational agencies (LEAs) are requesting waivers, on behalf of their charter schools, to allow these nonclassroom-based charter schools’ resource centers to operate outside of the boundaries of the school district, as identified in Attachment 1.

Authority for Waiver: Education Code (EC) Section 33050

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education recommends that the State Board of Education (SBE) approve the requests from the LEAs for each charter school identified in Attachment 1, consistent with the SBE’s Waiver Policy “Nonclassroom-Based Charter School Resource Center Location,” Policy #17-01 approved by the SBE on March 9, 2017, with the following conditions:

1.  Require each charter school’s governing body to approve a transition plan that details how the charter school’s resource center(s) will come into compliance with the Anderson court decision.

2.  Pursuant to EC Section 33051(b), each waiver shall expire on June 30, 2018, and shall not be retroactive.

3.  Require each charter school to submit the transition plan to the authorizing school district and to all school districts identified in Attachment 1 where the resource centers are located, within 30 days after approval of the waiver.

4.  Require each charter school to provide a status update to parents.

SUMMARY OF KEY ISSUES

In Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal. App. 5th 262 (Anderson), the Third District Court of Appeal (Third District) held that the geographic restrictions in EC sections 47605(a) and 47605.1(d) apply to nonclassroom-based charter schools operating resource centers. Thus, in order to ensure compliance with this court opinion, a nonclassroom-based charter school resource center must operate within the boundaries of its authorizing school district, unless an exception applies. Additionally, the charter school may establish a resource center in an adjacent county.

On January 18, 2017, the California Supreme Court denied review of the Third District’s opinion, which thus became final on that date. In consequence, waiver applications relying on Anderson became ripe for consideration. The policy adopted by the SBE sets forth guidelines for the processing of the waiver applications and to facilitate management of the SBE’s agenda. Consistent with Anderson, waivers shall apply only to existing, noncomplying resource centers of nonclassroom-based charter schools.

Consistent with the SBE’s policy, the LEAs and the charter schools submitted the following additional information, as detailed in Attachment 1:

  1. The address of each resource center, school district in which each resource center is located, date each resource center was established, and the number of students attending each resource center.
  1. For each resource center subject to the waiver request, discussion of the need for the waiver.

Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC Section 33051(a), available at

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=33051.

SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION

In March 2017, the SBE approved Waiver Policy #17-01 entitled, “Nonclassroom-Based Charter School Resource Center Location.” A copy of the policy is available at http://www.cde.ca.gov/re/lr/wr/documents/resourcecenter.doc.

FISCAL ANALYSIS (AS APPROPRIATE)

There is no statewide fiscal impact of waiver approval.

ATTACHMENT(S)

Attachment 1: Summary Table: Nonclassroom-Based Charter School Resource Center Location (20 Pages).

Attachment 2: Blochman Union Elementary School District General Waiver Request for Family Partnership Home Study Charter (#0763) 1-12-2016 (5 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3: Additional Correspondence from Blochman Union Elementary School District Regarding the General Waiver Request for Family Partnership Home Study Charter (#0763) 1-12-2016 (6 Pages).

Attachment 4: Blochman Union Elementary School District General Waiver Request for Trivium Charter (#1319) 2-12-2016 (2 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5: Additional Correspondence from Blochman Union Elementary School District Regarding the General Waiver Request for Trivium Charter (#1319) 2-12-2016 (4 Pages).

Attachment 6: Borrego Springs Unified School District General Waiver Request for Diego Springs Academy (#1692) 34-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 7: Additional Correspondence from Borrego Springs Unified School District Regarding the General Waiver Request for Diego Springs Academy (#1692) 34-12-2016 (3 Pages).

Attachment 8: Borrego Springs Unified School District General Waiver Request for Juan Bautista de Anza (#1021) 30-12-2016 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 9: Additional Correspondence from Borrego Springs Unified School District Regarding the General Waiver Request for Juan Bautista de Anza (#1021) 30-12-2016 (1 Page).

Attachment 10: Camptonville Elementary School District General Waiver Request for Camptonville Academy (#0165) 7-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 11: Additional Correspondence from Camptonville Elementary School District Regarding the General Waiver Request for Camptonville Academy (#0165) 7-12-2016 (3 Pages).

Attachment 12: Dehesa Elementary School District General Waiver Request for Diego Hills Charter (#1088) 33-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 13: Additional Correspondence from Dehesa Elementary School District Regarding the General Waiver Request for Diego Hills Charter (#1088) 33-12-2016 (12 Pages).

Attachment 14: Dehesa Elementary School District General Waiver Request for The Heights Charter (#1488) 27-12-2016 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 15: Additional Correspondence from Dehesa Elementary School District Regarding the General Waiver Request for The Heights Charter (#1488) 27-12-2016 (3 Pages).

Attachment 16: Gorman Joint School District General Waiver Request for Gorman Learning Center (#0285) 1-1-2017 (6 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 17: Additional Correspondence from Gorman Joint School District Regarding the General Waiver Request for Gorman Learning Center (#0285) 1-1-2017 (3 Pages).

Attachment 18: Helendale Elementary School District General Waiver Request for Alta Vista South Public Charter School (#1691) 28-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 19: Additional Correspondence from Helendale Elementary School District Regarding the General Waiver Request for Alta Vista South Public Charter School (#1691) 28-12-2016 (12 Pages).

Attachment 20: Helendale Elementary School District General Waiver Request for Empire Springs Charter (#1592) 31-12-2016 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 21: Additional Correspondence from Helendale Elementary School District Regarding the General Waiver Request for Empire Springs Charter (#1592) 31-12-2016 (2 Pages).

Attachment 22: Hickman Community Charter School District General Waiver Request for Hickman Charter (#00D4) 18-2-2017 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 23: Additional Correspondence from Hickman Community Charter School District Regarding the General Waiver Request for Hickman Charter (#00D4) 18-2-2017 (1 Page).

Attachment 24: Jamul-Dulzura Union Elementary School District General Waiver Request for Greater San Diego Academy (#0261) 42-12-2016 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 25: Additional Correspondence from Jamul-Dulzura Union Elementary School District Regarding the General Waiver Request for Greater San Diego Academy (#0261) 42-12-2016 (2 Pages).

Attachment 26: Julian Union Elementary School District General Waiver Request for Harbor Springs Charter (#1589) 12-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 27: Additional Correspondence from Julian Union Elementary School District Regarding the General Waiver Request for Harbor Springs Charter (#1589) 12-12-2016 (4 Pages).

Attachment 28: Kit Carson Union Elementary School District General Waiver Request for Kings Valley Academy (#1766) 21-1-2017 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 29: Additional Correspondence from Kit Carson Union Elementary School District Regarding the General Waiver Request for Kings Valley Academy (#1766) 21-1-2017 (3 Pages).

Attachment 30: Mattole Unified School District General Waiver Request for Mattole Valley Charter (#0159) 16-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 31: Additional Correspondence from Mattole Unified School District Regarding the General Waiver Request for Mattole Valley Charter (#0159) 16-12-2016 (14 Pages).

Attachment 32: Mountain Empire Unified School District General Waiver Request for Pivot Charter School – San Diego (#1266) 20-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 33: Additional Correspondence from Mountain Empire Unified School District Regarding the General Waiver Request for Pivot Charter School – San Diego (#1266) 20-12-2016 (1 Page).

Attachment 34: Mountain Empire Unified School District General Waiver Request for San Diego Neighborhood Homeschools (#1077) 18-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 35: Additional Correspondence from Mountain Empire Unified School District Regarding the General Waiver Request for San Diego Neighborhood Homeschools (#1077) 18-12-2016 (1 Page).

Attachment 36: Mountain Empire Unified School District General Waiver Request for San Diego Virtual (#1264) 21-12-2016 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 37: Additional Correspondence from Mountain Empire Unified School District Regarding the General Waiver Request for San Diego Virtual (#1264) 21-12-2016 (1 Page).

Attachment 38: Oro Grande Elementary School District General Waiver Request for Mojave River Academy (#0762) 17-12-2016 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 39: Additional Correspondence from Oro Grande Elementary School District Regarding the General Waiver Request for Mojave River Academy (#0762) 17-12-2016 (2 Pages).

Attachment 40: Raisin City Elementary School District General Waiver Request for Ambassador Phillip V. Sanchez Public Charter (#1335) 13-1-2017 (5 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 41: Additional Correspondence from Raisin City Elementary School District Regarding the General Waiver Request for Ambassador Phillip V. Sanchez Public Charter (#1335) 13-1-2017 (6 Pages).

Attachment 42: Ravendale-Tempo Elementary School District General Waiver Request for Long Valley Charter (#1549) 23-12-2016 (2 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 43: Additional Correspondence from Ravendale-Tempo Elementary School District Regarding the General Waiver Request for Long Valley Charter (#1549) 23-12-2016 (1 Page).

Attachment 44: Robla Elementary School District General Waiver Request for Paseo Grande Charter (#1727) 4-2-2017 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 45: Additional Correspondence from Robla Elementary School District Regarding the General Waiver Request for Paseo Grande Charter (#1727) 4-2-2017 (3 Pages).

Attachment 46: Stone Corral Elementary School District General Waiver Request for Crescent Valley Public Charter (#1269) 33-1-2017 (5 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 47: Additional Correspondence from Stone Corral Elementary School District Regarding the General Waiver Request for Crescent Valley Public Charter (#1269) 33-1-2017 (6 Pages).

Attachment 48: Waterford Unified School District General Waiver Request for Connecting Waters Charter (#0477) 9-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 49: Additional Correspondence from Waterford Unified School District Regarding the General Waiver Request for Connecting Waters Charter (#0477) 9-12-2016 (6 Pages).

Attachment 50: Westside Elementary School District General Waiver Request for Crescent View South Charter (#1138) 8-2-2017 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 51: Additional Correspondence from Westside Elementary School District Regarding the General Waiver Request for Crescent View South Charter (#1138) 8-2-2017 (9 Pages).

Attachment 52: Whitmore Union Elementary School District General Waiver Request for New Day Academy – Shasta (#1796) 38-12-2016 (3 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 53: Additional Correspondence from Whitmore Union Elementary School District Regarding the General Waiver Request for New Day Academy – Shasta (#1796) 38-12-2016 (2 Pages).

Attachment 54: Whitmore Union Elementary School District General Waiver Request for Northern Summit Academy (#1649) 37-12-2016 (4 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 55: Additional Correspondence from Whitmore Union Elementary School District Regarding the General Waiver Request for Northern Summit Academy (#1649) 37-12-2016 (5 Pages).

4/28/2017 4:48 PM

Nonclassroom-Based Charter School Resource Center Location

Attachment 1

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Nonclassroom-Based Charter School Resource Center Location

Waiver Number / Local Educational Agency (Charter Authorizer) / Charter School (Charter Number / CDS Code) / Address of Resource Center / School District Where Resource Center is Located / Date Resource Center Was Established / Number of Students Attending Resource Center / Need for Waiver /