accs-feb18item08

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California Department of Education

Charter Schools Division

Revised 1/2018

accs-feb18item08

ADVISORY COMMISSION ON CHARTER SCHOOLS

AN ADVISORY BODY TO THE STATE BOARD OF EDUCATION

February 2018 Agenda Item #08

Subject

Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Knowledge Is Power Program Bayview Elementary School, which was denied by the San Francisco Unified School District.

Type of Action

Action, Information

Summary of the Issue

On November 14, 2017, the San Francisco Unified School District (SFUSD) voted to deny the petition for Knowledge Is Power Program (KIPP) Bayview Elementary School (KBES) by a unanimous vote of seven to zero.

The KBES petitioners submitted a petition on appeal to the State Board of Education (SBE) on November 28, 2017.

Pursuant to California Education Code (EC) Section 47605(j), petitioners for a charter school that have been denied at the local level may petition the SBE for approval of the charter, subject to certain conditions.

ProposedRecommendation

The California Department of Education (CDE) proposes to recommend that the SBE hold a public hearing to deny the request to establish KBES, a transitional kindergarten (TK)through grade four charter school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), 47605(b)(5), and California Code of Regulations, Title 5 Section 11967.5.1.

The CDE recommendation is preliminary, pending clarification of various unresolved issues regarding the financial and operation plan and governance structure.

The CDE finds that the KBES petition is demonstrably unlikely to implement the program set forth in the petition. In addition, the petition does not provide a reasonably comprehensive description of multiple required charter elements, includinggovernance structure, and suspension and expulsion procedures.

Brief Analysis of the Issue

In considering the KBES petition, CDE staff reviewed the following:

  • KBES Petition (Attachment 3)
  • Educational and demographic data of schools where pupils would otherwise be required to attend (Attachment 2)
  • KBES budget and financial projections (Attachment 4)
  • SFUSD Findings for Denial and Petitioner’s Response (Attachment 5)
  • Appeal of SFUSD Board Denial of KBES Cover Letter Dated November 28, 2017 (Attachment 6)
  • Letter Dated November 28, 2017, Describing the Changes to the KBES Charter Petition to the SBE (Attachment 7)
  • Sample KIPP Elementary School Bell Schedules (Attachment 8)
  • Sample KIPP Kindergarten through Grade Four Literacy Instructional Blueprint (Attachment 9)
  • Sample KIPP Kindergarten through Grade Four Mathematics Instructional Blueprint (Attachment 10)
  • El Dorado County Charter Special Education Local Plan Area (SELPA) Letter Dated June 12, 2017, regarding KIPP Bay Area Schools (Attachment 11)
  • Sample Local Control and Accountability Plan (LCAP) for KBES 2018–19 (Attachment 12)
  • KIPP Bay Area Schools Assessment Plan 2017–18 (Attachment 13)
  • KIPP Bay Area Schools Stamped Articles of Incorporation (Attachment 14)
  • KIPP Bay Area Schools Bylaws (Attachment 15)
  • KIPP Bay Area Schools Conflict of Interest Code, July 2015 (Attachment 16)
  • KIPP Bay Area Schools Board Job Description (Attachment 17)
  • KIPP Bay Area Schools Executive Team Job Descriptions (Attachment 18)
  • KIPP Bay Area Schools Emergency Response Plan Template (Attachment 19)
  • KIPP Bay Area Schools Pupil Suspension and Expulsion Policy (Attachment 20)
  • KIPP Bay Area Schools Board of Directors 2016–17 (Attachment 21)
  • KIPP Bay Area Schools Board Profiles 2016–17 (Attachment 22)

Ability to Successfully Implement the Intended Program

The CDE concluded that the multi-year financial plan is not fiscally viable due to negative ending fund balances of $695,119; $1,223,316; and $1,771,987 with no reserve for fiscal years (FYs) 2018–19 to 2020–21, respectively.

The KBES multi-year projected budget includes fundraising of $1,261,914; $456,537; and $447,890 for FY 2018–19 through 2020–21, respectively. The fundraising is a soft funding that the CDE excludes from the budget analysis.

The KBES petition does not contain the detailed narrative and assumption of the salaries and full-time equivalent for certificated and classified positions; therefore, the CDE is unable to determine if the expenditures for certificated and classified salaries are reasonable.

The KBES petition does not contain the detailed budget narrative and assumption of the San Francisco Proposition A and H; therefore, the CDE is unable to determine the KBES budgeted revenue. The CDE excluded the San Francisco Proposition A and H in the amounts of $31,111; $45,856; and $62,522 for FY 2018–19 through 2020–21 in the budget analysis.

The KBES petitiondoes not project the rental expenditure for FY 2018–19 through 2020–21. Therefore, the CDE is unable to determine the rental expenditure for FY 2018–19 through 2020–21.

The KBES petition does not contain a detailed budget narrative and assumption for regional support office fees of $148,288; $250,374; and $364,046 for FY 2018–19 through 2020–21. The CDE is unable to determine what the regional support office fees are for, or if the regional support office fees are reasonable.

District and County Findings

On November 14, 2017, the SFUSD denied the KBES petition based on the following (Attachment 5):

  • The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
  • The petition does not provide evidence of how professional development will be provided to build teacher capacity in culturally and linguistically relevant and responsive pedagogy.
  • As detailed further in the matrix, Student Safety procedures do not clearly differentiate between lockout and lockdown procedures.
  • The petition does not sufficiently balance pupils’ right to due process with responsibility to maintain a safe learning environment, or sufficiently explain how the SFUSD will be involved in disciplinary matters.
  • The petition does not contain a reasonably comprehensive description of all the charter provisions outlined inEducation Code.
  • The petition does not sufficiently provide a concise list of exit outcomes encompassing specific skills.

A detailed analysis of the review of the entire petition is provided in Attachment 1.

Attachments

  • Attachment 1: California Department of Education Charter School Petition ReviewForm: KIPP Bayview Elementary School (43 Pages)
  • Attachment 2: KIPP Bayview Elementary School Data Tables (9 Pages)
  • Attachment 3: KIPP Bayview Elementary School Appeal Petition (117 Pages)
  • Attachment 4: KIPP Bayview Elementary School Budget and Financial Projections (7 Pages)
  • Attachment 5: San Francisco Unified School District Findings for Denial andPetitioner’s Response (45 Pages)
  • Attachment 6: Appeal of San Francisco Unified School District Board Denial ofKIPP Bayview Elementary School Cover Letter Dated November28, 2017 (11 Pages)
  • Attachment 7: Letter Dated November 28, 2017, Describing the Changes to theKIPP Bayview Elementary School Charter Petition to the StateBoard of Education (2 Pages)
  • Attachment 8: Sample KIPP Elementary School Bell Schedules (4 Pages)
  • Attachment 9: Sample KIPP Kindergarten through Grade FourLiteracyInstructional Blueprint (15 Pages)
  • Attachment 10: Sample KIPP Kindergarten through Grade Four MathematicsInstructional Blueprint (5 Pages)
  • Attachment 11: El Dorado County Charter SELPA Letter Dated June 12, 2017,Regarding KIPP Bay Area Schools (1 Page)
  • Attachment 12: Sample LCAP for KIPP Bayview Elementary School 2018–19 (42Pages)
  • Attachment 13: KIPP Bay Area Schools Assessment Plan 2017–18 (2 Pages)
  • Attachment 14: KIPP Bay Area Schools Stamped Articles of Incorporation

(28 Pages)

  • Attachment 15: KIPP Bay Area Schools Bylaws (13 Pages)
  • Attachment 16: KIPP Bay Area Schools Conflict of Interest Code, July 2015

(4 Pages)

  • Attachment 17: KIPP Bay Area Schools Board Job Description (2 Pages)
  • Attachment 18: KIPP Bay Area Schools Executive Team Job Descriptions

(14 Pages)

  • Attachment 19: KIPP Bay Area Schools Emergency Response Plan Template

(20 Pages)

  • Attachment 20: KIPP Bay Area Schools Pupil Suspension and Expulsion Policy(19 Pages)
  • Attachment 21: KIPP Bay Area Schools Board of Directors 2016–17 (2 pages)
  • Attachment 22: KIPP Bay Area Schools Board Profiles 2016–17 (8 pages)