Memorandum of Memorandum of Understanding between Understanding between

Community Learning Community Learning Center Schools, Inc. Nea Center Schools, Inc. Nea Charter School and the Charter School and the Alameda Unified School Alameda Unified School

DistrictDistrict

Board of EducationBoard of Education

March 10, 2009March 10, 2009

Background: TimelineBackground: Timeline

• January 8, 2009-Board of Education January 8, 2009-Board of Education provisionally approved Nea Charter provisionally approved Nea Charter School application pending an approved School application pending an approved Memorandum of Understanding (MOU) Memorandum of Understanding (MOU) by January 31, 2009by January 31, 2009

• January 27, 2009-Board of Education January 27, 2009-Board of Education approves a postponement until February approves a postponement until February 24, 2009 to approve the MOU as both 24, 2009 to approve the MOU as both parties continue working in good faithparties continue working in good faith

Background: Timeline—Background: Timeline—Con’tCon’t

• AUSD submitted final draft MOU to Nea AUSD submitted final draft MOU to Nea Charter on Monday, February 2, 2009Charter on Monday, February 2, 2009

• Information on draft MOU presented to Information on draft MOU presented to Board of Education on February 10, Board of Education on February 10, 20092009

• Approval of postponement on February Approval of postponement on February 24, 200924, 2009

• Action to be taken on the MOU by Board Action to be taken on the MOU by Board of Education on March 10, 2009of Education on March 10, 2009

Revisions to the MOURevisions to the MOU

• Page 1: Recitals have been cleaned up for Page 1: Recitals have been cleaned up for clarity; #2: explains that CLCS is the clarity; #2: explains that CLCS is the governing board of directors for Neagoverning board of directors for Nea

• Page 2: Term of MOU for 2009-10 school Page 2: Term of MOU for 2009-10 school yearyear

• Pages 2-5: ‘Conditions for Commencing Pages 2-5: ‘Conditions for Commencing Operation’ -Operation’ -– Documents due June 1Documents due June 1stst – CLCS Board of Directors is the governing CLCS Board of Directors is the governing

board responsible for document board responsible for document development and document changes; added development and document changes; added #4.1f. to submit any changes to the AUSD#4.1f. to submit any changes to the AUSD

– Insurance policies will be due August 1Insurance policies will be due August 1

Revisions to the MOURevisions to the MOU• Pages 4: School Facility and Building SafetyPages 4: School Facility and Building Safety

– If Nea Charter is housed in an AUSD facility, it will be If Nea Charter is housed in an AUSD facility, it will be the District’s responsibility to provide documentation the District’s responsibility to provide documentation per Proposition 39per Proposition 39

• Page 5: Special Education Program Plan Page 5: Special Education Program Plan will include program and services planwill include program and services plan

• Page 6: Volunteer Requirements for those Page 6: Volunteer Requirements for those working directly with students in working directly with students in accordance with District policyaccordance with District policy

• Page 6: 4.3 Date changed to October 1stPage 6: 4.3 Date changed to October 1st• Page 6: Added Confidentiality of RecordsPage 6: Added Confidentiality of Records

Educational Performance: Educational Performance: Special EducationSpecial Education

Special Education: Special Education: • Pages 7-10: Until Nea Charter is accepted Pages 7-10: Until Nea Charter is accepted

to El Dorado County Charter SELPA, we to El Dorado County Charter SELPA, we agree to govern the provision of special agree to govern the provision of special education and related services to Nea education and related services to Nea learners as required by charter law. learners as required by charter law. – Nea shall be responsible for provision of Nea shall be responsible for provision of

special education and related services & special education and related services & ensure a free and appropriate public ensure a free and appropriate public education (FAPE) education (FAPE)

– 8.3g-Added language for Child Find8.3g-Added language for Child Find

Educational Performance: Educational Performance: Special EducationSpecial Education

• Pages 10-12: Upon acceptance to El Pages 10-12: Upon acceptance to El Dorado County Charter SELPA, the Dorado County Charter SELPA, the provisions are revised to reflect the provisions are revised to reflect the change in responsibilitychange in responsibility– 8.13 Child Find8.13 Child Find– 8.13 Infant – preschool & 18-228.13 Infant – preschool & 18-22

Educational Program/General Educational Program/General Operation ReportingOperation Reporting

• Page 13: Added Students denied admission Page 13: Added Students denied admission datadata

• Page 13: Added disenrollment dataPage 13: Added disenrollment data• Page 15: Annual Fiscal Audit deficienciesPage 15: Annual Fiscal Audit deficiencies• Page 17: Risk Management due September Page 17: Risk Management due September

1, training evidence due October 11, training evidence due October 1• Page 18: District OversightPage 18: District Oversight

– CLCS will include 1 district representative to CLCS will include 1 district representative to serve as a non-voting member to the CLCS Boardserve as a non-voting member to the CLCS Board

– Ed Code 47605(d2c): “In the event of a random Ed Code 47605(d2c): “In the event of a random drawing, the chartering authority shall make drawing, the chartering authority shall make reasonable efforts to accommodate the growth of reasonable efforts to accommodate the growth of the charter school and in no event shall take any the charter school and in no event shall take any action to impede the charter school from action to impede the charter school from expanding enrollment to meet pupil demand.” expanding enrollment to meet pupil demand.”

Educational Program/General Educational Program/General Operation ReportingOperation Reporting

• Page 18: Added revocation authority for Page 18: Added revocation authority for materials violationmaterials violation

• Page 19: Visitations to charter schoolPage 19: Visitations to charter school• Page 22-23: Expanded Dispute ResolutionPage 22-23: Expanded Dispute Resolution• Employees seeking union representation: Employees seeking union representation:

Charter application (page 79): Under EERA Charter application (page 79): Under EERA (Educational Employment Relations Act)(Educational Employment Relations Act) “CLCS “CLCS employees shall have the right to form a employees shall have the right to form a collective bargaining unit and to negotiate collective bargaining unit and to negotiate directly with the charter school.”directly with the charter school.”

Notice to Cure and Revocation Notice to Cure and Revocation Procedures (EC 47607)Procedures (EC 47607)

Notice to Cure and RevocationNotice to Cure and Revocation– It is in Education Code 47607, is noted in the Nea It is in Education Code 47607, is noted in the Nea

Charter Application, and in Dispute Resolution Charter Application, and in Dispute Resolution clause #35 in MOUclause #35 in MOU

• ““A charter may be revoked by the A charter may be revoked by the authority that granted the charter under authority that granted the charter under if the authority finds, through a showing if the authority finds, through a showing of substantial evidence, that the charter of substantial evidence, that the charter school did any of the following:school did any of the following:– Committed a material violation of any of the Committed a material violation of any of the

conditions, standards, or procedures set forth in conditions, standards, or procedures set forth in the charterthe charter

– Failed to meet or pursue any of the pupil Failed to meet or pursue any of the pupil outcomes identified in the charteroutcomes identified in the charter

– Failed to meet generally accepted accounting Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagementprinciples, or engaged in fiscal mismanagement

– Violated any provision of law”Violated any provision of law”

Notice to Cure and Revocation Notice to Cure and Revocation Procedures (EC 47607)Procedures (EC 47607)

• The District will provide the charter The District will provide the charter reasonable opportunity to remedy the reasonable opportunity to remedy the violation(s), unless the violation constitutes violation(s), unless the violation constitutes a severe and imminent threat to the health a severe and imminent threat to the health or safety of the pupils.or safety of the pupils.– Written notice of intent to revoke and notice of Written notice of intent to revoke and notice of

facts in support of revocation facts in support of revocation – District has no later than 30 days of the notice District has no later than 30 days of the notice

to hold a public hearing of whether evidence to hold a public hearing of whether evidence exists to revoke the charterexists to revoke the charter

– No later than 30 days after the public hearing, No later than 30 days after the public hearing, the District will issue a final decision of the District will issue a final decision of revocationrevocation

– Charter school may appeal to the county board Charter school may appeal to the county board of education within 30 days of the decisionof education within 30 days of the decision

– If the Charter school does not prevail, they If the Charter school does not prevail, they can appeal to the state board of educationcan appeal to the state board of education

Action to Approve Nea Charter Action to Approve Nea Charter MOUMOU

Staff Recommendation: approve Staff Recommendation: approve Memorandum of Understanding Memorandum of Understanding between Community Learning between Community Learning Center Schools, Inc. and AUSD Center Schools, Inc. and AUSD

effective effective

July 1, 2009 through June 30, July 1, 2009 through June 30, 2010.2010.