CorpusRecord 107471

Board Meeting 9-3-25

A searchable transcript preserved as part of the Discourse Corpus. Passage numbers provide stable references within this record; verify quotations against the original recording when available.

Source
YouTube / South Bay Union School District
Date
2025-09-04
Location
San Diego County, CA
Material
Transcript
Extent
6,940 words · about 39 min
Collected
2026-06-19

Transcript

Verbatim source text

001Good evening everyone. Welcome to Our special board here. >> Medina >> here. >> Thank you. Do we have any public comments this evening? >> Yes, we have one. Sandra Alvarez. Good evening board members, executive team and community. Since today's meeting centers on charter schools, I want to take a moment and share the troubling developments affecting ours language academy. For over a year, our school has faced ongoing targeted disruption from our superintendent. It began with his proposal to split all schools into two campuses, a plan met with overwhelming opposition from the South Bay Union community. Since Nester did not have an enrollment concern, his stated rationale was the condition of our portable classrooms. Yet, a formal engineering assessment concluded that while some repairs were necessary, only two portables might require replacement. Then in January after winter

002break, we were blindsided by a directive from the board and the superintendent. Nester must eliminate one kindergarten classroom in 2025 and 2026 school year. The stated reason, safety concerns. In a follow-up meeting with um trustee liker and the superintendent, we were told that the issue stemmed from the placement of our portables and their alleged safety risks. We we when requ when we requested the security report that supported this claim, we were told that it was confidential. Despite the lack of transparency, our staff developed a safety mitigation plan and submitted it to both the board and the superintendent. Then in May, the rationale shifted again. At that board meeting, the superintendent cited concerns about campus acreage and student population size. This marked the third distinct justification for disrupting Nester. First portables, then safety, and now acreage.

003Our research confirms that student per acreage recommendations are just that, recommendations. They are not legal requirements. They are not mandates. They are guidelines primarily intended for schools not yet built. Let's be clear. It's not about portables. It's not about safety. It's not about acorage. The reasons keep changing, but the target remains the same. Our school and the impact has been real. Our staff and families have endured over an year of stress, uncertainty, and disruption. This is unacceptable. We are fighting to preserve access to Netor's unique thriving 9010 dual language program. But it feels like we're chasing a moving target. If it's not broken, as a parent said, at our school, don't fix it. We are thriving. We are strong. We are not broken. So I ask you members of the board, what is really going

004on here? Why is Mr. Espinosa so intent on decreasing our community's access to Nester? And most importantly, what are you going to do to protect the community's access to our school? Thank you. >> Any other public comments? Thank you, Mister Alvarez. Um, next we have our charter school overview. Attorney from Dennis Wbear Kelly will present information on charter legislation, oversight, and governance. Thank you. Make sure can everybody hear me? Okay. Okay. Can No. [Music] Is that Is that better a little? >> I will do my best to project and be close to the mic, but I don't want to also, yes, blow out your eardrums either. So, just let me know if I start to get too faint or if I need to speak up. So, anyways, let's get started. Good evening, board president, members

005of the board, and superintendent Espinosa. Thank you for having me here tonight. Uh, my name is Amy Rogers. I know you might have been expecting one of my colleagues, Suanne Salammon Evans. Unfortunately, she wasn't able to be here tonight. There is no comparison to Suanne, but I will do my best and I am very grateful for the opportunity to share with you all um some information just generally about charter schools, the charter school act. We'll talk a bit about the information um pertaining to the charter schools that are within your district. And then we'll also talk a little bit about the renewal process for charter schools generally as some of the legal requirements have changed over time. In the past five to six years, we've seen quite a bit of changes to charter school law.

006Grab my clicker here. Okay. So, the Charter School Act was codified in education code and it was enacted in 1992. Um, fun fact, California was actually the second state to enact a public school charter law. Um, the first state was Minnesota. they beat us by a year in 1991. Um, but the purpose really of the charter school legislation was the intent to expand school choice, improve pupil learning, um, and increase opportunities for all pupils, especially those who were historically low achieving. Uh, additionally, the intent of the legislation was to provide competition to stimulate school performance statewide and to create a system where charter schools would be held accountable for meeting certain pupil outcomes. So the charter schools act was designed to facilitate these goals by exempting them from many of the state laws that govern

007public schools. What this is known um as is called the mega waiver. And essentially this exempts charter schools from many of the state laws that are applicable to uh to public schools. However, over time the um as new laws have been enacted, we have seen more laws apply to charter schools than was initially um part of the charter school act in 1992. Um, for example, in 2019, there was an attorney general opinion in the state of California that uh specified and clarified that with respect to um certain uh statutes such as the Brown Act, the the public records request act, um political reform act, certain um laws pertaining to conflicts of interest such as Government Code 1090. All of those were also applicable to charter schools, but the principle stands that they are exempt from

008much of the education code. Originally as well, charter schools were not subject to the Educational Employment uh rights act. However, subsequent legis legislation um did obligate charter schools to declare whether or not they were the exclusive public employer of charter school employees. And so, for your information, and I'm sure you know this, both of the charter schools within your district, Nester and Imperial Beach Charter, IBC, are um their employees are deemed employees of the district. and that's specified within their mutition. So, one of the most significant changes that we've had of late and this was around the 2020 time frame was California assembly bill 1505 and um it did actually a variety of things to the Charter Schools Act and I've highlighted a couple of them here in this slide and I'll talk through a

009couple of those changes but as I shared this was one of the most significant changes we've had um since the Charter Schools Act was enacted. So the purpose really of AB1505 was to strengthen local authority over charter schools and over charter authorization. It allowed for the denial of charter petitions if the district determined that the charter school was demonstrabably unlikely to successfully implement its program due to either fiscal or governance factors or if they were simply not serving all pupils who wish to attend the school. It also requires that charter school employees hold the same credentials as district teachers and it gave them until 2025 to ensure that they were up to standard with having those same equivalent um credentials. It imposed a moratorum on um non-classroom based charter schools for about two years. And

010it also mandated and this I think maybe was the most important um component out of AB1505, but it mandated that the state come up with a system to guide renewal decisions by charter authorizers and boards such as yourself. And so I'll share some of the um the specifics of what that system is as we get a bit further into the presentation. Uh this slide here, this just shows CDE's tracking of the two of your two charter schools, um Nester and IBC. And I apologize, I know it's very tiny. It's a screenshot from CDE's website, but it provides just some basic information. So it will tell you what type of charter it is. It was a conversion charter. It shows you when it started serving students, and then it also indicates when based on CDE's tracking

011system when the charters are up for readal. And we'll talk through this information in with more specifics. I just wanted to kind of share it with you. This is directly from CDE's website in terms of their tracking. This um slide here shows the dashboard data. This one is specific to Nester and it's specific to the academic performance only. Um and so I'm sure you're all aware within dashboard data, the state is looking at a variety of different indicators and criteria that go beyond academic performance. For example, they're looking at chronic absenteeism, suspension rates, parent family engagement, but we wanted to just show here at least a snapshot of what from 2024 how Nester was comparing um was performing. And it shows how they are comparing statewide and then also their their improvement or decline um

012from prior years. And the reason I have this up here is because this speaks to what I had shared when with AB1505 when the state created its uh system or was the legislation required the state to create a system to help guide districts in whether or not to renew charters. A lot of it hinges on this dashboard data. So, it is important information for everybody to have when we're considering um petition renewals. And again, same as the last slide with respect to Nester, this is the dashboard data from 2024 for Imperial Beach. Um and again, this is of the information that the state has on its website. So, both district charter schools are dependent schools. Um, and we'll get into that definition and what that really means in a few slides. But here's just some

013brief historical information that's taken from the charter petitions. Nester uh language academy was established in 2010. Its renewal time frame is coming due in July of 2028. Um and then Imperial Beach Charter was established in 2012 and its renewal time period is coming due in 2027. Um but like I shared both are considered dependent charter schools and we'll get into that. Um both charter schools operate school site advisory committees as they are required to do by law. One thing to note and I will say this too, the charter both charter petitions do identify what that school site council's role is and what the composition is. One thing to note is that Nester Academy has it goes by a different name, the language academy advisory council, but it as I understand it operates as a school

014site council. Um, and the purpose of the school site council really is to develop the charter's annual LCAP. Um, and to ensure that they have a plan for schoolwide student achievement with measurable goals and that they have a process for collecting that data so that they can then present that data to you all to show um, areas of need for improvement or student progress over time. So, dependent charter schools, a word on that. It's not actually a legally defined term. You won't find the term dependent or independent charter school anywhere within the education code. Um, rather it's really a functional concept that's really defined by local practice. Um, the main component of dependent charters is that they're not operated by a separate independent board um as an independent charter would be. So, typically you'll see

015independent charters. They're run by sometimes nonprofit organizations. They have self-appointed boards and they largely act autonomously from the school district. That's not the case with dependent charters. Um, typically the employees are working there are district employees as they are here with Nester and IBC. And they operate very much like traditional schools but with some flexibility in their day-to-day operations and their instructional approaches. And just something that we thought was really important to emphasize and this is from from CDE directly, but essentially regardless of whether a charter is dependent or independent, the district board or the charterizing author the charter authorizer um has the obligation to conduct oversight of the charter's operations. And so the nature of that oversight is legally defined and it is legally required. So it is very important and we'll talk through

016what the education code has in terms of requirements for oversight. But I just wanted to note that that regardless of what type of charter it is the authorizers's obligation to ensure that proper oversight is being conducted. So um unfortunately as we often find we might have requirements that the law imposes but very little guidance as to what that looks like. So, I at least wanted to at least start start by sharing with you what the ED code says about what is legally required for oversight. So, um the first point is identifying at least one staff member as the contact person for the charter school to kind of establish that line of communication. So, there's a very clear point of reference as to who to go to with questions or concerns as as they may arise.

017Um the district's obligated to visit each charter school at least annually. Certainly, I know with dependent charters that probably happens a lot more frequently. Uh but that at least at a minimum is the requirement. Ensure that each charter school um is complying with all the reports that are required by charter schools um including the annual update to the LCAP. Monitoring the fiscal condition of each charter school under its authority. Providing notification to CDE should a charter close. And then it has another vague reference to in addition to any other duties imposed by this part. Right. And so that kind of leaves it open to then um kind of determine what other duties would be imposed in terms of oversight obligations. And one um that is let me back here. Um one that is important is

018obviously ensuring compliance with that the charter is acting in compliance with their charter petition first and foremost. if there anyus between the district and charter that they're acting in compliance with theouou and then of course that they're acting in compliance with the laws that are applicable to them. As I mentioned earlier again they're exempt from a lot of the education code but they are required and obligated to comply with all federal laws. Um so ensuring that they are in compliance with all with all relevant laws. So the role of the board when it comes to dependent charters like I said there the the involvement and the relationship between um the charter with a dependent charter and the district is more intertwined as the go as the governing board is responsible for ensuring compliance in a

019variety of areas. We've listed listed some of these areas here for your review, but you know, ensuring of course that their enrollment and admission practices are compliant with the law. Uh their employment practices are sound, that they're producing a budget and an LCAP, um that they're in compliance and performing under any contracts they may have, that they're affording due process for any disciplinary matters they may be addressing, and that their facilities are also compliant and sound and up to code as required. additional role of the board when it comes to dependent charters is, you know, diving, I guess, a bit deeper into really what this oversight um duties entail. Um is again making sure that they're operating in compliance with their charter, ensuring that their charter is fiscally sound. Um ensuring that charter schools are

020meeting those promised pupil outcomes. So again, through their charter petition, there should be evidence of what they anticipate are proposed pupil outcomes and then annually in their LCAP as well. So ensuring that they're meeting those those pupil outcomes, that they're providing regular reports as may be required by law andor their charter petition. And then I I already mentioned it again, but ensuring compliance with certain laws such as disciplinary matters, due process, ensuring that they're providing um appropriate special education services and that they're not um you know that they're following all anti-discrimination laws and specifically with regard to the enrollment process, which we'll discuss a bit in a few more slides. And one other thing, and I don't want to belver this point. I know I've mentioned it, but it's important to note that whether or

021not a charter is defined or deemed dependent or independent, they are still considered a local educational agency. So, they operate as such, and they're required to complete their own LCAP. So, it is separate from the district's LCAP. It can't be included within the district's LCAP. They're also obligated to provide their own budget and a budget overview. Um the charter school budget can be included within the district's overall budget but it should be treated as a separate fund and and it should not be co-led and jumping from oversight to the topic I had shared I wanted to talk a bit about of renewal. So, as I mentioned, both charters are coming up for renewal in about two to three years from now. And um recently with the pandemic and um kind of the lack of the

022statewide assessment data, the state enacted or yes, legislation, they enacted statutoily um defined extensions for all charter schools that were coming due between January 1st, 2024 and June 30th, 2027. So, I they extended the timeline for their renewal process by one year. So, I do believe that that impacted at least one of the charters here. Um, but really all that means is that they have additional years to collect that data to then be able to show that they're meeting those statewide um performance indicators. And so, the renewals are governed by a very specific set of standards and criteria that are within the ED code. Honestly, we could probably spend hours going through that process and and having that explanation of what all is required in a renewal and what's all required to be um within

023their petition upon renewal. But as I mentioned earlier, one of the main focuses of AB1505 was to really emphasize the importance of academic progress and performance and the and the charter schools meeting the state and local indicators as a part of the criteria that you all are considering as to whether or not to renew the charter. um some of the roles that you will take on and what's what the obligation of the board is upon renewal. Um again, as I mentioned, there's a very specific list of standards and criterias that the education code requires the charter petition to include. Um again, a very heavy heavy emphasis on the academic performance um that they've been able to achieve throughout their charter term. Um analyzing whether or not they're demonstrabably likely to successfully implement their program. I

024know that's a bit of a mouthful, but really just ensuring that they are capable of implementing the program that they have set forth in their charter petition. Um, ensuring of course that all students who wish to attend are able to attend, that they are in compliance with all laws and their previous charter petition, and looking to see whether or not they've also updated their charter petition to reflect any unique and current circumstances. And then one other just final thing to note is confirming whether or not their petition includes anything that would be deemed a material revision. That's something that would be considered separate from their renewal petition. And material revisions would be if they were moving or changing locations, if they were adding grade levels, things of that nature that substantially impact their program and

025their ability to implement their program would be something that the board would need to consider separate from the petition itself. And with In the state system that AB1505 created um in terms of what is required in looking at academic performance there was the state created this renewal tier um where CDE has deemed charter schools to be either high middle or low performing and like I said that is really all based on dashboard data and so we it's always important to do our own separate analysis of the dashboard data but really the state also takes this information and produces a screenshot I think might have it here in this next one as to where the charter school is performing, high, middle, or low. And they're looking at all data from the two years preceding that that

026current dashboard data. So, they're going two years back. And so, these renewal tiers now really have an impact on the charter authorizers's determination of whether or not to renew and what that renewal looks like. So if a charter school is performing in the highest tier, they can actually now be renewed for more than five years up to five, six or seven within the discretion of the charter authorizer of the board. Um but that's a new that's a new um I guess entitlement to charters that are high performing now that their renewal time potentially could only could be every seven years and that's within your discretion. For all middle tier um performing schools, they may be renewed for five years. And that's typically what it is now. PreABB1505 charter school terms were always five years. And

027then if a charter is performing in the low tier, they're not entitled to be renewed, but they may be renewed again at the board's discretion for two years, but only if they are um producing an academic improvement plan and they're demonstrating to the authorizer, potential authorizer, how they plan to improve their academics. and essentially they have two years to do that. Um, so that's kind of that's a definite new change that we have that a lot of charter schools were all kind of experiencing for the first time as renewals come up since the enactment of AB1505. And just so you know, right now as of 2025 in terms of what CDE has analyzed, they have both IBC and NET performing in the middle tier. Um, as I mentioned, this data looks at the two years

028prior. So by the time they are up for renewal in 2728 there will be an additional two years that will have been reviewed. And so this performance criteria may or may not change but it's just something to note. Um but as of right now for middle school tiers what the board is required to consider upon renewal is whether or not the charter presents a sound educational program. Again do we think that they're successfully um demonstrabably likely to successfully implement the program that they're proposing? Does their petition reasonably describe what that program looks like? So, a day in the life of the student. Do they explain how they will serve all students from low academic performing students with disabilities? EL. Is there a plan for how they will address both high achieving and low performing students

029needs? And then again, has the charter been updated to reflect any changes in the law? Because that is a requirement that all petitions be updated to reflect any new requirements imposed on charter schools. And then in addition to that academic performance because again there's that heavy focus on academic performance but there is additional renewal um criteria um again this demonstrabably likely right to successfully implement their program. Um looking at substantial fiscal or governance factors that might indicate they are not able to implement that program. Um are we assured that they're serving all pupils who wish to attend? And then if if um there is a question as to those things then there is a provision law where they have 30 days notice opportunity to cure any of those concerns um with a corrective action plan.

030And so again, this is just a very very brief summary of what is considered upon renewal. Um but and I know I flew through that information. So I certainly want to be able to answer any questions that you might have if there's anything in more detail about renewal or any of the items we discussed. Thank you, Madam President. Good evening, trustees, superintendent, staff, community, and thank you for coming this evening. We appreciate you and your time. Um, this is definitely a professional development moment moment for South Bay Union School District. So that's why I welcome everyone because it's not every time that we can have a lawyer standing in front of us to tell us uh what exactly um our role is as a trustee when when we are governing charters and that has been

031a question for the last three years. So thank you for coming. >> You're welcome. >> Uh your highlights are excellent. We had an opportunity I had an opportunity to review them this weekend. I took some notes. Um you know I can suck up all the air right now. But uh um you know I want our trustees uh Janet and I are uh on the same term. Janet's a two term. I'm three term. But our our welcoming crew here are three years in. So it's relatively new information that we've been getting with our facilities plan with our with our budget and audits and when we do our LCAPS and when we the do your so there's lots of things that have changed over the years that sometimes were done in August and now they're due in

032June. So a lot of learning curves for for us. So um you know on that I'll pause Madam President and open for you just a little introductory. Thank you. This was um a lot of information and and very important information when we're thinking about um the dependent charter schools that we work with and I'm I'm glad to see that like at first when I looking at the dashboard and we're in the yellow and the orange but that we're still middle performing for both schools. Um, so one thing that crossed my mind notes that I took was when we're looking at like Nester's um, dashboard, but I see it's a decline from the year before, but are we do we take into consideration that our students are are learning too much? Like is it compared to

033other school programs or that matter when we're looking at >> the dash. Yes. So the dashboard data compares statewide assessments across the state. So for all districts so it's not looking solely at comparison of dual immersion programs. So I do recognize that dual immersion programs definitely do have a lot of unique components and aspects to them. Um but no it is looking just statewide comparison of all student you know performance on um on the statewide assessments. I do think yes I to kind of further elaborate on your question too with respect to the dual immersion component of their program right because that is their program that is part of what's required within the petition and the LCAP is for them to explain you know what their expectations are where they believe their people should be

034achieving in a year's time and how they're going to get them to meet those goals and that those nuances of the dual immersion program should be explained through those the LCAP and through those other documents >> considering that the third graders, it's their first year learning to read and write in English and also the first year to take the state tests, >> right? >> Um, so thank you for clarifying. Um, and this opens up a lot of like room for conversations as as a board and with our superintendent when we're talking about about um like our facilities and and what when our schools are like initially looked at it's like they're saying okay they're okay for right now but like for how long it doesn't usually give that also in the explanation right we're looking

035at the >> with with respect to the dashboard >> no no I'm sorry back to like one of The roles of the board is to make sure that our facilities are upkept. >> And >> so it's it's our responsibility to make sure that even the the charter schools that their facilities are maintained um that they're fiscally sound and then their their money is separate from our money for the from the rest of the district's money. So their enrollment that goes that money goes to their site, not back into things for other schools that are not ch within their charter. >> Yes, the petition does identify how the money is either passed through or to what extent the charter school then contributes back to district funding as well. Um so that is all defined and supposed

036to be defined by the petition. But yes, with regards to the just the board's role in ensuring that the oversight duties are met, it's an annual basis, right? So that and what's in the ED code is just the very bare minimum of what is expected to ensure that um the program programs are fiscally sound, that they're safe. And so there is a lot more to be done just to ensure that you know that that communication is ongoing and that the district feels confident in in all of those things. um that their facilities are safe for all students, that their enrollment policies are non-discriminatory, you know, all of those items that I touched on at least annual process, but typically the reality is that it's an ongoing conversation. >> Right. Yes. Can you please elaborate on

037how is the board of trustees responsible for making decisions on enrollment for charter schools? >> On how they're responsible for making Okay. So, well, to back up, the charter petition should and it does indicate how what their enrollment policies and practices are. And so the either if a petition is coming to the board brand new or if it's a scenario where it's an ongoing charter relationship and they're up for renewal or at any point right during this term of their charter we want to ensure that the policies as they've written them are legally sound and non-discriminatory. So essentially they are in so few words open to all students who wish to attend regardless of any protected class or any academic performance subject to just really capacity limitations. Um and so it's it's a process of

038ensuring that the petition is legally sound and that they're also following the practices as they're stated to be in their petition. So it is twofold, right? the is the plan make sense and does that sound compliant, but also in reality is the practice being enacted. So, are we sure that any parent that you know asks to enroll um that they're given that opportunity regardless of the students status um unless the charter does not have capacity at that grade level? >> One more question. Can you please explain how is the board um how the board would address facility issues or what does it mean that the board is responsible for making the final determination on facilities so with facility issues there are certain requirements they have to be up to building code um and I guess

039I'm hoping I'm understanding your question correctly but essentially it's part of that ongoing oversight right so that we have to ensure that the students are being educated in a safe learning environment first and foremost that the buildings they're using are up to standard. And if for any reason we learn of information whether the charter school shares it or it's learned that that leads us to believe that perhaps that's not happening then it would be um for the board to then discuss how what corrective action is going to occur to ensure that those items are taken care of. So again, that's part of that oversight, but it's also part of that ongoing conversation, right? To just ensure that we have these expectations. Please share with us what your plan is to maybe rectify these or help

040us understand if this concern is is valid and help us understand how you're going to rectify that within a certain period of time. >> I'm gonna jump in here, chat, since you touched on that. So, thank you so much. Um it has been um an ongoing um conversation about our facilities and as our public speaker graciously shared tonight that um that has been a topic um for um that site and how many children are actually enrolled with accompanied staff. So there's like I don't know I'm pulling a number out of my hat but maybe 1300400 people stepping on that little piece of and every day. So that has been a concern of the board. So I'm happy to read what the role of the board is. Wrote them down here and included enrollment and I

041did read uh the charters and their language. So with that uh speaking about all children that want to go can go to a charter um and understanding what the charter reads as far as who comes first, >> who gets first and why they get first and so on and and how uh Nester builds upon their primary grades to build to their seventh to eighth grade program. So it really is spelled out nicely in their charter. Okay. But one thing it doesn't say is how many students. Okay. In the old charter, they said that seventh and eighth grade uh will build eight 85% capacity. Well, when they renewed the charter in 2020, that has been removed. Okay. So, I just point that out as a moment in time that that was removed. And uh so I

042think that is one area that we really need oversight on. And uh so when when the board does do their oversight, you know, we need the charter one to read it two and to understand, you know, what our charters are promising and when they come and do a school report, it's more than a school report. It's an annual report. Am I right? >> Yes. >> And so and all those um things that you have noted here should be in their annual report budget the LCAP the strategies what's working not working um the LCAP I mean uh if someone's not reading the LCAP and then somebody says wait a minute uh there's no money in here in public hearing uh we've had that happen and they go back and correct it okay so if we're not

043doing our oversight in the LCAP or the district's not doing their oversight in the LCAP those kinds of little things get away and and the harm is to students. >> Yes. Yes. I think you're emphasizing. Yes. What I'm hearing is the importance certainly of the LCAP and understanding with detail what the plan is and and that there are there is measurable data for you all to be assured that they are meeting their plan or if they're not that they've course corrected and here's how they you know plan to write that. So, as I shared with you before we started, I watched one of your webinars last night on YouTube. And the most important uh piece of that was being proactive in our oversight. That was the message I want you to tell your friends. I

044said so. Proactive and oversight. And then I went back to our policies. You know, I did I read did write some things down that the charter, you know, says that they're implementing, but went to our polic because to answer these questions um I don't think that's going to happen um our next steps so understanding uh what our policy reads what the role of the district I superintendent and our roles um have to go hand in hand when we speak to our expectations of a charter so we're saying okay you know we're concerned about the uh the uh enrollment because of XYZ. Okay. Uh we should be putting that in writing. >> Yes. So the what I what I didn't get into but there are provisions within the ED code for either upon renewal or at

045any point as part of your oversight obligations if there are concerns with any practice of a charter school for which you authorize to put that into writing. It starts a process where it's essentially a corrective action notice. It outlines exactly what the concerns are, what the expectation is, and then that then starts a timeline for the charter to engage in those conversations, correct the, you know, remedy the issue and then for you all to review to determine if it's been done to your satisfaction. Um, moving down that process within ED code, if if for whatever reason it comes time where you, you know, have issued corrective active corrective action notices and don't believe that that process has been followed or the remedy has been corrected. There is there are provisions that allow for revocation of

046the charter if it gets to that point where um you just you don't believe that there's been compliance with the law and that corrective action has not properly been taken. It's a whole process that's outlined at the end code. But yes, it exists for that exact reason to have very clear parameters over that oversight piece and ensuring that the treasures are in compliance with the law. >> Well, that's great. Um I think we're missing that very important piece there. Um and regard to the uh advisory committees that our charters have, the charters are, you know, 15 years. So the people not necessarily that wrote the charter are sitting there. you know, they retired or they quit, moved on. Okay. Uh so times change. So the people in the room that wrote the charter um now

047the charter becomes uh going to be renewed. So we might have a different set of um teachers, parents, um classified whoever's in that committee. And so, uh, my assumption is that they read their their charter and they revise and they submit. And so, um, like I said, I couldn't really find too much difference between that charter and the one they submitted for 2020 except for the 85% number for seventh and eighth grade. So, you know, the oversight part of it, um, you know, I want parents to be open to uh going to these advisories committees. I'd like to know in the oversight that uh parents names and Peter's names that are going to these meetings and uh that there is opportunity uh provided to those parents either morning and night or afternoon. I think that

048is a crucial piece to uh supporting charters going forward that community is with them. Um let's see here. again all the oversight the LCAP the fiscal master plan the budget the employment the student services the annual review the advisor I mean there's a whole list of oversight here so uh we got a lot of work to do my fellow trustees but to understand uh uh the complexities of it um it's a lot of work and so in that work according to our policy is the superintendent So um I lay that on the table and uh and hope that um through this process we ask more questions. Uh but in the end that we uh draw our attention to our policy and uh review for um um review for implementation andor revision. So just a clarifying

049question. Um I am guessing that the reason that you would want the names of the teachers and the parents who are involved is so that you can invite them for any clarification when things when they hear things at the meetings and whatnot, right? So that they can have all the information. What >> is it by law that they must a sign in sheet >> for these types of meetings for school site council meetings. Yes, because they are um to be in compliance with the Brown. Yes. So they Yes, they need to have >> um or the Yes, they need to have agendas >> um signing sheets, meeting minutes. Yes. >> Okay. >> Thank you for the question. I just want to make sure that that our our staff and our families don't feel targeted, don't

050feel I mean that they um that the per I understand the legalities of having the signings because they are creating what will become the policies and practices of of the charter but also to um to have an open communication with our staff and our families so that what does this mean or what are the implications of this or why is this not working this way? Um so that hopefully we can bridge that gap and and not make it feel like there's an attack. >> And I I will share when it comes to the school site council um composition that's also part of ed code. It's very clear and that there needs to be a certain number of staff, teachers and parents or community members. And really the intent of that is to promote that involvement

051and to get that sounding board from everybody involved. I understand certainly the concern, you know, on the flip side of that of um just having names and things of who's participated, but the intent is really to of the law at least is really to promote participation and and hear from all the relevant parties. So, but yes, I Yes, exactly. >> Yeah, exactly. >> Thank you so much for your presentation. Uh, so I know you covered just about everything uh that I had. I mean, it's just there was no no way I was going to ask questions. I I had a couple questions, but you did answer. Um, the only thing I do have to emphasize is the academic improvement plan. Uh, so is there a specific requirements for a chart school to continue to improve

052on their u on their grades? >> Yes. academic academic petition. >> So it's twofold. One within the charter petition they should be delineating what they anticipate and what their goals are for their measurable meaningful progress through from year to year. So part of it is ensuring that they are keeping up with that progress as stated in their petition. Then there's also the dashboard data which the state is considering. So if the state has analyzed that data and and spits out the low performing tier, then they're actually on a specific academic improvement plan um where they are then required to meet certain objectives to be able and essentially bring themselves back up into a middle tier to be able to then continue. But when a charter is performing at that low tier, it's within the the

053charter authorizer, the board's discretion to determine whether or not to renew at that point. It's if the charter or if the district decides to renew at that point that they then be placed on this improvement plan that runs the course of two years. So essentially the legislators are saying they cannot continue for more than two years because we need assurances that they're going to start to you know they'll produce real pupil growth within that time frame before you all would then consider again whether they've done that and whether to renew them for a longer time period. >> Thank you. You're welcome. Um, I I've heard a lot about like the negative impacts of charter schools and the public education system. Would you say that's more like the independent charters versus the dependent? >> I don't

054really think you I mean I don't really think you could quantify it one way or another, right? I think it really um there are good and bad of everything, right? And so I think it really is for you all at least the role is really ensuring that we understand what those pupil goals and outcomes are supposed to be and that we can ensure that that's happening and that students are being you know educated in a safe environment. Um you know I think there's a lot of press right out there about certain types of charters or charter organizations. I don't really think that you can generalize. Um but I certainly hear you. I know there's a lot out there both ways and it's really just a matter for your purposes of ensuring that the the information

055you have leads you to be confident in the ability that they will successfully implement that program and you can see that performance over time. I think we've also heard some comments recently about like our school consolidation plans or like the fact that the schools are like half empty risk of charter schools coming over the property is that something >> I really am not sure that I can um just that I know that that is a concern right and that and as I mentioned at the beginning and not that I can't speak to it I just mean well let me just back Um, part of the intent of the charter schools act was to promote that competition, right? That was the idea to give parents a choice and to promote competition so that hopefully the benefit

056would be progress statewide in all schools, charter and not. Um, I'm not sure of the specifics with respect to South Bay Union, which is why I can't speak to that. But I do think that is the intent of the charter schools act was really to drive that competition and to give parents alternative choices if they were unhappy with their schools of residence. >> One more thing president talking about negative impacts um charter is beautiful. Parents wanted it in the very beginning. I was there in the office when it was being born. Okay. So, uh um our community loves that program. Um but looking at the facilities is hard. Okay. It's hard for us to u to ignore uh the fact that um the facilities really need serious um help, serious um support. And so um

057and if and when uh and this happened in 2019, uh we were going into negative status. So when a district goes into negative status um at that point, like our hair's on fire. Okay. So, we got to prepare, you know, three years in advance in our budget and uh and looking at enrollments in our charters and looking at our non-charter schools. Um that would be something that uh our oversight people will hopefully look at uh in order to maintain a positive qualification. Yes. So, yes, that yes, that is definitely part of oversight. >> Thank you so much for stepping in and giving this awesome presentation. Um, definitely food for thought when when we're looking at our role as a board. There was moment like that's okay. our responsibility. So I really do appreciate um the

058details of of this presentation. Thank you. Thank you all for the time. >> We turn the meeting any Oh sorry thank you for clarification. Do we have any further discussion? Thank the superintendent for putting this on the agenda. I know we've been asking for this for a while. >> All right. Wait, wait, wait. >> Madam President, um I don't know this to be yay or nay, but um I would hope that our trustees would get a copy of the most current um charters for both IB and Netor. so they can read at their leisure and reflect upon what we learned tonight. And uh if we have questions or comments uh uh beyond that uh we have opportunity to sit with our superintendent for more clarifications. Um because this is just like a helicopter view and

059so uh um for new board me we don't come with a manual how to do things. So for people to get mad at us, uh um we don't come with a manual. This this professional development is helping us understand what you know what our roles are and the district roles are. And so uh you know with that I hope um all trustees get the charters and and review the charters, review what um the attorney has brought to us and match it up and write your questions for the superintendent because that's what this is all about. grow and uh to understand because we're going to have the two years IP charter and three years we're going to have neester so you know how slow we work so government works very slow so uh this is really

060important uh um growing if you will for all of us and um so we all get on that same page when when a uh charter comes for renewal um We know what to ask. We know what to watch for every year in a school report. Uh we're looking at all aspects of our reports that our our senior staff have given us every month, you know, about um student performances, how the dashboard links into this. Um, so I just share that with you as a veteran that uh we do have indicators all through the year and to put those pieces together uh with our charters is really important for our kiddos. So thank you. >> Yes. Thank you again for I mean I do appreciate all the professional development that we do and that our superintendent

061when we ask for further information that you do bring in um professionals besides you know the countless articles and and reading that we do. But you have people come in who are knowledgeable from outside of our district to also share information and which really helps um us feel supported and that we're knowledge. Thank you. >> And can I just add um you know, as as a district and and we've talked about this and we continue to talk about this and we've been talking about this for the last, you know, I think since I've arrived, um we have a lot of really tough decisions to make. Um and part of that, you know, if we just think about the facilities piece, um we didn't have a facilities master plan for a long time that we're required

062to have. So when we had somebody come in who are experts and professionals in assessing facilities and they gave us the assessment and said all these things need to happen. Um that's that's hard to hear, right? That is really hard to hear. I mean if thinking about the central community, um part of the reason that Central is the first school to close is because of their facilities. That that's hard. that that's a really hard pill to swallow. Now, when that happens, you know, some communities will come together and and really look at the information and say, "How can we get through this information together?" Right? That's what I would like. But sometimes you have communities that come together and want to fight about the information, right? They want to undermine the information. that want to

063uh give uh you know parts of the truth or want to uh you know talk about something that that is their perception that it's happening and then that even that makes it even harder right and so I can understand that you know how that can be confusing for for a board because I know this board and I know the board wants to do what's best for the community. I I know that wholeheartedly. Um, and so when you're getting a lot of uh pieces of information or you're being told uh that the information you're receiving isn't correct, it's important that we're able to bring somebody that is an expert in the in the area that can kind of give the board an understanding of your responsibilities as a board in the decision- making process. Um, tonight

064was part of that. Tonight was a step in making sure that the board understands their authority and their responsibility in terms of not only our charter schools but but all our schools right we are going through some really difficult decisions around consolidations around uh our budget um you know I have shared with the board and I have shared with the community um you know we have a plan coming to the board uh reduce our expenditures. And that is going to be another really tough decision the board is going to have to make. And you're going to have to hear a lot of different ideas and and theories around why and why not. But at the end of the day, the board needs to be well informed so that they can make the right decision for

065our community. So, thank you for being here, Amy. Really appreciate it. Uh thank you for your questions. We have the actuals coming next week, right? The the budget actuals are coming next week. So, I encourage everyone who's here to come next week and stay for the budget. That's so fun to listen to. Um, so people who are listening on Zoom, um, it's it's really a it guides many of our decisions and and having San Diego Office of Education come and confirm our our deficit spending. We definitely have a lot of hard choices to make and hopefully we can do that together. Um so thank you again. See you next week.

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