On Monday, November 9th, 2009 the Fillmore Unified School District board rejected a petition to convert Piru Elementary School into an independent charter campus. Petitioners said they plan to appeal the decision to the Ventura County Board of Education. Representatives of the Charter initiative said they would release a response to the decision of the Board in the near future.
Following is Superintendent Jeff Sweeney’s response to the charter conversion, presented to the audience at Monday’s meeting.
Board Resolution No. 09/10/09 Denying the Petition for Piru Charter School
BACKGROUND
On or about September 16, 2009, petitioners for the Piru Charter School submitted to the Fillmore Unified School District (“District”) a charter school petition for the Piru Charter School.
Pursuant to Education Code 47605, the Governing Board of the District shall hold a public hearing on the provisions of the Charter, at which time the Governing Board shall consider the level of support for the petition from teachers employed by the District, other employees of the District, and parents. In order to fulfill this requirement, at a Board Meeting on October 21, 2009, a public hearing was held by the District Governing Board of Trustees. Approximately 200 people attended the hearing. The petitioners (including all nine teachers who signed the Charter Petition) and two of their consultants, Jessica Norman of ExED and Yvette King-Berg of California Charter School Alliance, appeared as representatives of the Charter and made a presentation regarding the Charter at the public hearing. Additionally, five members of the public, including three parents, made public comments in favor of the Charter, and a small minority of the audience appeared to be present in a show of support for the Charter. Twenty-seven members of the public, including nine teachers of the District, nine other employees of the District, and numerous parents/guardians spoke in opposition to the Charter, and some members of the public donated their speaking time to these speakers. Additionally, a significant majority of the audience appeared to be present in a show of opposition to the Charter.
The District administrative staff has been given the responsibility of providing the Governing Board of Trustees with a comprehensive recommendation regarding the Piru Charter School proposal. The proposal has been assessed against the standards and requirements, as set forth in the California Education Code, in order to develop final recommendations.
Pursuant to Education Code Section 47605(b), the governing board of a school district shall not deny a petition for the establishment of a charter school unless it is not satisfied that granting the charter is consistent with sound educational practice and it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
(1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3) The petition does not include the required number of signatures.
(4) The petition does not contain required non-discrimination and enrollment affirmations.
(5) The petition does not contain reasonably comprehensive descriptions of sixteen (16) required elements.
Working as a collaborative professional team, District administration and legal counsel from the law firm of Atkinson, Andelson, Loya, Ruud and Romo submit that the recommendation to the Governing Board of the District is well-documented and based upon solid criteria. Furthermore, the staff recommendation and subsequent Governing Board action falls within the required timeline parameters, as set forth in the California Education Code and applicable state and federal laws.
District administrative staff has noted a number of issues and concerns. Several of the most significant of the concerns noted by the District administrative team and legal counsel are included as proposed findings in the recommended Resolution of Denial (attached). The specific factual findings in the recommended Resolution are within the following statutory findings for denial of the Charter:
(1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3) The petition does not contain reasonably comprehensive descriptions of sixteen (16) required elements.
FISCAL IMPLICATIONS:
Financial impact is dependent upon action taken by the Governing Board.
RECOMMENDATION:
Having fully considered and extensively reviewed the elements of the Piru Charter School Charter Petition, the District administrative staff hereby recommends that the Governing Board of Trustees of the Fillmore Unified School District take action to adopt the attached Board Resolution No. 2009-10-09 denying the Charter Petition.
