CCSA Conference March 2009 “Hot Topics For Personalized Learning and Other Independent Study Based Charter Schools”

1. CCSA Conference March 2009“Hot Topics For Personalized Learning and Other Independent Study Based Charter Schools” Jeff Rice, Founder/Director APLUS+ The Association of Personalized Learning Schools & Services Diane Grotjohn, Consultant APLUS+/Desert Sands Concept Schools

2. Hot Topics for 2009 Summary Top Issues On the Hot Stove • Navigating the State Budget Crisis • Attendance Accounting • Charter School Revolving Loan Fund • Governance/Renewal: GRASP Project • Learning/Resource Center Operation/Location • SB740 Funding Determination Regulations • SB740 Flexibility Initiative • SB740 Facilities • Sectarian Materials • UC a-g Course Approval • V.P.S.S.

3. Hot Topics for 2009:Navigating the State Budget Crisis The Path to Charter Success in Challenging Times What’s the Issue? Attitude and Perspective Remember Who You Are! (a la Lion King) • Progressive Charter not Stagnant Traditional • Disruptors not Status Quo Obstructionists • Vehicles for Change not Roadblocks to Change • Outside the Box Innovators not Inside the Box Resistors

4. Hot Topics for 2009:Navigating the State Budget Crisis The Path to Charter Success in Challenging Times • Abundance not Scarcity • Flexibility not Rigidity • Expansiveness not Contractiveness • Partnerships not Exclusivity or Elitism • Creativity, Imagination, and Inspiration not Suppression, Close-mindedness or Paralysis • Opportunity-Oriented not Problem-Oriented • Courage and Faith not Fear • Hope not Despair • The glass is half-full not half-empty An Attitude of Gratitude Recession opens the door to Progression

5. Hot Topics for 2009:Navigating the State Budget Crisis Keys To Charter Success in Challenging Times Life Skills From Dewitt Jones • Put Yourself (and your school) in the place of most potential • Reframe every problem into an opportunity, and decisively seek your windows of opportunity • There is more than one right answer! • Transform the ordinary into the extraordinary • See the whole picture and be willing to have the right perspective Remember: The greatest social changes and individual successes are achieved during recessions and challenging times!

6. Hot Topics for 2009:Attendance Accounting What’s the Issue? Misunderstanding of what is required to collect full ADA Two Requirements • Contemporaneous Record-keeping For full ADA, student must demonstrate that some teacher-assigned school work was completed on each (every) school calendar day during each learning period. • Time-Value Equivalent For full ADA, student must complete required percentage of total work assignments during each learning period given by teacher according to school policy re: what constitutes full-time equivalent. Bottom Line: The buck stops with your auditor, but if your auditor does not understand charter I.S., then it is critical to understand the CDE stance

7. Hot Topics for 2009:Charter School Revolving Loan Fund What’s the Issue? Longstanding underlying bias against nonclassroom-based charters Regulations Have Two Requirements • Charter School Need • Ability of Charter School to repay $250,000 is now equally available to both classroom-based and independent study charter schools, with some priority consideration given to schools in low performance areas

8. Hot Topics for 2009:Governance/Renewal What’s the Issue? Effectively preparing your school for charter renewal CORE @ The Camptonville Academy GRASP Dissemination Grant Project The Benefits You Will Receive The key goals for the G.R.A.S.P. Dissemination project are to benefit participating schools in the following ways: • Governance: Receive an understanding of state and Federal law and the ability to maintain a high level of compliance and performance in school operations. • Renewal: Receive guidance to position the school for success in renewing and sustaining its charter. • Assessment: Receive successful tools and practices in assessing both educational and organizational effectiveness. • Strategic Planning: Receive an understanding of strategic planning and the ability to integrate best practices into action planning for school operation process improvements designed to elevate student achievement and learning Deadline to Apply: March 15, 2009

9. Hot Topics for 2009:Learning/Resource Center Operation/Location What’s The Issue? Location, Location, Location At Stake: The ability of independent study charter schools to serve students equally, effectively, comprehensively and successfully • Education code is about as clear as mud • CDE has had varying and conflicting opinions over the years • Charter advocates and non-charter consultants have differing interpretations of code language and requirements, which have negatively influenced charter petitions, and caused numerous Excedrin headaches in recent years

10. Hot Topics for 2009:Learning/Resource Center Operation/Location The CDE’s Opinion Change • Charter Schools FAQ Section 3: General Compliance Issues Q: What are the geographic restrictions on charter school operations? A: With a few exceptions, Education Code Section 47605(a) allows a new charter school to operate only within the geographic jurisdiction of the school district that authorized it. The law also requires a charter petition to identify each site where the school will operate. A charter school may only operate one site outside of the district of authorization, but within the county in which the authorizing district is located, under specified conditions. A charter school may only establish additional “satellite” sites with the approval of the authorizer. The site restrictions do not apply to nonclassroom-based facilities used as resource centers, meeting spaces, or satellite sites used exclusively for independent study or home study if a majority of the charter school pupils are residents of the county in which the charter is authorized. However, an independent study (nonclassroom-based) charter school may only enroll pupils who live in the county or an adjacent county to where the charter is authorized. • Marta Reyes’ Letter of June 2007

11. Hot Topics for 2009:Learning/Resource Center Operation/Location So What Does Education Code Actually Say? • Inside Your Authorizer’s Geographical Boundaries: 47605. (a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. Definition of “Operate”: (Webster): A range of: 1. To act; to perform work; to be in action so as to produce an effect. 3. To superintend; to manage; to direct the affairs of; as to operate a mine. Q: Must independent study charter schools have some presence of operation within the geographic boundaries of their sponsoring district? A: Yes, but to what extent is unclear in code.

12. Hot Topics for 2009:Learning/Resource Center Operation/Location So What Does Education Code Actually Say? II. Inside Your County of Authorization: 47605.1(a) (3) (d) Notwithstanding subdivision (a) or subdivision (a) of Section 47605, a charter school that is unable to locate within the geographic boundaries of the chartering school district may establish one site outside the boundaries of the school district, but within the county within which that school district is located, if the school district where the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools is notified of the location of the charter school before it commences operations, and either of the following circumstances exist: (1) The school has attempted to locate a single site or facility to house the entire program but such a facility or site is unavailable in the area in which the school chooses to locate. (2) The site is needed for temporary use during a construction or expansion project. Q: Do Independent study charter schools have sites? A: Only if they are a hybrid program with a classroom-based component

13. Hot Topics for 2009:Learning/Resource Center Operation/Location So What Does Education Code Actually Say? • The Distinction Between “Sites” and “Resource Centers”: 47612.5 (e) (e) (1) Notwithstanding any other provision of law, ….. For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5. (2) For the purposes of this part, "nonclassroom instruction" or "nonclassroom-based instruction" means instruction that does not meet the requirements specified in paragraph (1). The State Board of Education may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part. (3) For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction. (4) Notwithstanding any other provision of Q: How many resource centers, etc. may be operated in the school’s authorizing county? A: Code is unclear and in fact completely silent

14. Hot Topics for 2009:Learning/Resource Center Operation/Location So What Does Education Code Actually Say? IV. Outside Your County of Authorization: 47605.1 (a) (c) (3) (c) Notwithstanding any other provision, a charter school may establish a resource center, meeting space, or other satellite facility located in a county adjacent to that in which the charter school is authorized if the following conditions are met: (1) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school. (2) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the school is authorized. Q: How many resource centers, etc. may be operated in adjacent counties? A: Code is unclear regarding quantity

15. Hot Topics for 2009:Learning/Resource Center Operation/Location • The Clarifying Solution: Legislation Co-Sponsored by CCSA and APLUS+ Ed Code Section 47605.1 is amended to read: (3) A charter school that receives approval of its charter from a governing board of a school district, a county office of education, or the State Board of Education prior to July 1, 2002, but does not commence operations until after January 1, 2003, shall be subject to the geographic limitations of the part, in accordance with subdivision (e). (b) Nothing in this section is intended to affect the admission requirements contained in subdivision (d) of Section 47605. (c) Notwithstanding any other provision, a charter school may establish resource centers, meeting spaces, or other satellite facilities located in the county in which the charter school is authorized if the facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school. (c)(d) Notwithstanding any other provision, a charter school may establish (a) resource centers, meeting spaces, or other satellite (facility)facilities located in a county adjacent to that in which the charter school is authorized if the following conditions are met: (1) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school. (2) The charter school provides its primary educational services in, and (a majority)the largest percentage of the pupils it serves are residents of, the county in which the school is authorized.

16. Hot Topics for 2009:Learning/Resource Center Operation/Location VI: Bottom Line • The Education Code is intended to be permissive • If code is either not clear or not clearly restrictive, interpret it permissively • There are no financial audit or ADA consequences (CDE) for non-compliance in learning center location. The primary risk is a legal challenge. • The CDE views this as a general compliance issue in which the charter school might be directed to close an out-of-compliance learning center but it would not result in an audit penalty in the past or present school years.

17. Hot Topics for 2009:SB740 Funding Determination Regulations What’s the Issue? SB740 Regulatory Changes in progress What regulatory changes should be made at this time now that SB740 has accomplished what it had originally intended and has reached “maturity”? Options: • Scrap SB740 all together indefinitely (Great idea, but unfortunately not a regulatory solution) • Suspend SB740 during state budget crisis (24+ months perhaps? Great idea also, but also not likely within the regulatory realm of possibilities) • Modify it to simplify process and increase fiscal flexibility for schools (more likely)

18. Hot Topics for 2009:SB740 Flexibility Initiative Regulatory Changes • Simplify the SB740 funding determination lengths to two years for new schools and to five years for returning schools. • Allow schools the option to claim a straight 50% of their total facilities costs toward the 80% instructional cost category in lieu of using the burdensome facilities cost mitigation formula. Schools may continue to use the formula if they feel they can exceed applying 50% of their total facilities cost toward the instructional cost category. • Exempt loans from total revenues and debt service payments from expenses.

19. Hot Topics for 2009:SB740 Flexibility Initiative Mitigating Factors: Excess Revenues Current Instructions: C. Excess (Deficiency) of Revenues Over Expenditures • Total Excess Revenues equals the difference between the total resources available to the charter school for expenditure, and the total expenditures of the charter school. • 1.a. General Reserve/Designated for Economic Uncertainties includes the amount the charter school voluntarily holds for economic uncertainties. This amount also includes reserves the charter school is required to hold by the charter-authorizing agency for economic uncertainties or any other reason. • 1.b. Reserve for Facilities Acquisition or Construction includes the amount that the charter school is saving to purchase or build a facility. • 1.c. Other Reserves includes all other unexpended resources of the charter school.

20. Hot Topics for 2009:SB740 Flexibility Initiative Mitigating Factors: Excess Revenues • Take a reasonable amount of total excess revenues “off the top”. In other words, reduce total revenues. • Allow schools to increase their annual General Reserve/Designated for Economic Uncertainties to at least 10% “without consequence” as protection against economic hardships. (Schools who increase their reserves to up to 10% of their total revenues must still meet the 80% instructional cost criteria.) • Allow schools that exceed 10% in their annual General Reserve/Designated for Economic Uncertainties by up to 5% to reduce their 80% instructional cost criteria by an equitable amount (and still qualify for a 100% funding determination) if the school can demonstrate that it increased its annual reserves beyond 10% specifically: • To save direct instruction or instructional support jobs in the next fiscal year that were at risk of being terminated. • To save, implement or increase student service programs that were at risk of being eliminated or reduced because of current year financial demands. • To prevent spending money unnecessarily in the fourth quarter of the current fiscal year just to meet the 80% instructional percentage requirement for instruction-related curriculum or tools that were deemed either frivolous or optional to meet current student services needs and demands.

21. Hot Topics for 2009:SB740 Flexibility Initiative What About Pupil-Teacher Ratio? • Beyond the scope of SB740. May not be changed through SB740 regulatory process only • Can be waived through CDE waiver process in the short-term • Will seek modifications to allow a 30 to 1 pupil-teacher ratio during fiscal crisis years.

22. Hot Topics for 2009:SB740 Facilities Funding What’s The Issue? Independent Study charter schools have been and continue to be excluded from participating in the SB740 Charter School Facility Grant Program Solution: SB378: Senator Romero, sponsored by CCSA with years of background nagging by APLUS+ (d) Funds appropriated for purposes of this section shall not be apportioned for any of the following: • Units of average daily attendance generated through nonclassroom-based instruction as defined by paragraph (2) of subdivision (d) of Section 47612.5 or that does not comply with conditions or limitations set forth in regulations adopted by the state board pursuant to this section. (Section (d) 1 has been eliminated in the bill)

23. Hot Topics for 2009:Sectarian Materials What’s The Issue? Where do you draw the line? 47605.(c) (d) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability. Translation: Nonsectarian in all school operations • Cannot use public funds to purchase sectarian-based materials, etc. • Cannot collect ADA (still public funds) from work completed in sectarian-based curriculum, even if purchased by the parent. • Cannot collect portfolio samples (still tied to public funds) from work completed in sectarian-based curriculum, even if purchased by the parent. • Cannot substitute work completed in sectarian-based materials for work assigned by teacher in non-sectarian based, school-approved materials.

24. Hot Topics for 2009:Sectarian Materials Can parents teach in their home from sectarian-based materials that they purchase using their own money? Absolutely YES Can the school give direct credit (which ties to ADA requirements) and collect ADA for work completed in sectarian-based materials? Unfortunately No Bottom Line: Common sense. Draw the line where any other public school draws the line, that is, where your operations stop.

25. Hot Topics for 2009:UC a-g Course Approval What’s The Issue Independent Study charter schools approved to administer UC a-g approved courses. Two Requirements: 1. The charter school must be approved as a UC a-g course provider. 2. Each course to be administered must be submitted and approved by UCOP (with some exceptions)

26. Hot Topics for 2009:UC a-g Course Approval What’s The Issue? Students are expected to spend at least one hour per week per “a-g” course engaged in interactive instruction and/or academic tutoring/advising. This instruction and/or support may be provided onsite or through virtual means. Questions: • Can the subject matter expert be a non employee of the school? • Is the subject matter expert person who gives the final grade to the student in the course? • Does it matter who does the instruction/tutoring/advising? It does not specify a subject matter expert.

27. Hot Topics for 2009:UC a-g Course Approval What’s The Issue? Students are expected to spend at least one hour per week per “a-g” course engaged in interactive instruction and/or academic tutoring/advising. This instruction and/or support may be provided onsite or through virtual means. Some Questions: 1. Can the subject matter expert be a non employee of the school? The UC policy on Non-Site-Based Schools is silent on the employment status of the subject expert teacher. 2. Is the subject matter expert person who gives the final grade to the student in the course? Yes

28. Hot Topics for 2009:UC a-g Course Approval What’s The Issue? Students are expected to spend at least one hour per week per “a-g” course engaged in interactive instruction and/or academic tutoring/advising. This instruction and/or support may be provided onsite or through virtual means. Questions: • Does it matter who does the instruction/tutoring/advising? It does not specify a subject matter expert. • It absolutely matters who is doing the instruction, tutoring and advising. The UC online policy section 2.3.9 and 3.3 provides information related to this issue. 2.3.9 Require proctoring by a qualified professional (e.g., a school teacher, administrator, counselor, or paraprofessional who fulfills an instructional role, librarian, university personnel, or test center administrator) for key assessments, including midterms and finals • Identifies qualified professionals (e.g., mentors, supervisors, facilitators, or counselors) and/or offers training to parents who provide on-site student support services, which may include 3.3.4 Assuring appropriate course placement and regularly monitoring student progress 3.3.5 Meeting with students on a regular basis (i.e., weekly) to discuss their progress and identify problems 3.3.7 Setting and maintaining rigorous course participation expectations for students 3.3.8 Encouraging students to use the program’s resources (e.g., program staff, helpdesk, client/student services) 3.3.12 Arranging for proctoring of key assessments 3.3.13 Confirming that grades are posted to the students’ transcripts 3.3.14 Providing a range of other support services, such as library resources, guidance and counseling, and tutoring

29. Hot Topics for 2009:V.P.S.S. What’s The Issue? NCLB Single Subject Compliance for Independent Study Charter School Teachers VPSS: California’s Verification Process for Special Settings Subject Matter Verification Process For Middle and High School Level Teachers in Special Settings

30. Hot Topics for 2009:V.P.S.S. VPSS: California’s Verification Process for Special Settings Purpose: The VPSS provides an opportunity for teachers in special programs to develop the content and pedagogical skills necessary to ensure students are academically successful while meeting NCLB teacher requirements. The goal of the VPSS process is to ensure that teachers have the subject matter competency and skills to ensure that students can meet the California Academic Content Standards, pass the CAHSEE achieve proficiency on the CSTs, and graduate from high school.

31. Hot Topics for 2009:V.P.S.S. VPSS: California’s Verification Process for Special Settings What’s the Issue? Finding a quality, proven training program in my area for independent study charter school teachers

32. Hot Topics for 2009:Questions ?