Spa County Appeal Decision

Page 1


Governing Law •  California Educa.on Code •  §§ 47600 -­‐ 47626 (“Charter Schools Act of 1992”)

•  California Code of Regula.ons •  Title 5, §§ 11967 -­‐ 11967.5.1


CCCOE Recommendation “WHEREAS, pursuant to California Educa.on Code sec.on 47605, the County Board of Educa.on finds that gran.ng the pe..on to establish the Contra Costa School of Performing Arts does not meet the requirements provided by state law; “NOW, THEREFORE, BE IT RESOLVED, that the Findings of Fact aTached hereto is adopted as the factual findings specific to the pe..on, and support that: 1.  The proposed charter school presents an unsound educa.onal program for the pupils to be enrolled in the charter school; and 2.  The pe..oners are demonstrably unlikely to successfully implement the program set forth in the pe..on”


EC § 47605(b) In reviewing pe..ons for the establishment of charter schools pursuant to this sec.on, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educaFonal system and that establishment of charter schools should be encouraged. The governing board of the [county] shall grant a charter for the opera.on of a school under this part if it is sa.sfied that gran.ng the charter is consistent with sound educa.onal prac.ce. The governing board of the school district shall not deny a pe..on for the establishment of a charter school unless it makes wriIen factual findings, specific to the parFcular peFFon, seKng forth specific facts to support one or more of the following findings: 1)  2)  3)  4)  5)

The charter school presents an unsound educa.onal program for the pupils to be enrolled in the charter school. The pe..oners are demonstrably unlikely to successfully implement the program set forth in the pe..on. The pe..on does not contain the number of signatures required by subdivision (a). [of Educa.on code 47605] The pe..on does not contain an affirma.on of each of the condi.ons described in subdivision (d). [of Educa.on Code 47605] The pe..on does not contain reasonably comprehensive descrip.ons of the required elements.


5 CCR § 11967.5.1(b) For purposes of Educa.on Code sec.on 47605(b)(1), a charter pe..on shall be “an unsound educa.onal program” if it is any of the following: 1)  A program that involves ac.vi.es that the SBE determines would present the likelihood of physical, educa.onal, or psychological harm to the affected pupils. 2)  A program that the SBE determines not likely to be of educa.onal benefit to the pupils who aTend.


Educational BeneDit? •  Mt. Diablo Unified School District is historically underperforming •  See below based on 2013 API (source: CDE Dataquest) MDUSD Average

High Schools

Middle Schools

API

748.8

777.8

Statewide Ranking

5.2

5.3

Similar Schools Ranking

2

1.8

API Growth

(-­‐28)

(-­‐62)

•  Only two middle schools in MDUSD met API growth targets for all subgroups


Serving English Learners

MDUSD School Northgate High School College Park High School Ygnacio Valley High School Concord High School Mt. Diablo High School Diablo View Middle School El Dorado Middle School Foothill Middle School Oak Grove Middle School Pine Hollow Middle School Pleasant Hill Middle School Riverview Middle School Sequoia Middle School Valley View Middle School

2013 API Growth for English Learners

-­‐59 +1 -­‐41 -­‐53 -­‐8 -­‐24 -­‐38 -­‐11 -­‐39 -­‐3 -­‐31 -­‐11 -­‐44 -­‐14


Performing Arts Demand •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •

Dancers Elite Doreen’s School of Dance Melody’s Dance Studio Stage Right Conservatory Theatre Clayton Valley Dance Academy Dance Connec.on PAC Community Youth Center D’Ann’s Academy of Dance Blue Devils Diablo Vista Chorus Contra Costa Musical Theatre Poison Apple Playhouse Cyndi’s Dance and Fitness Encore Gym The Next Step Dance Studio Motu’aina Soo Dance Academy

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Kids n Dance In Mo.on Dance Center DVC LMC New York Dance Center Youth Theatre Company CalShakes Black Diamond Ballet PiTsburg Performing Arts Academy Wilson’s Dance Studio Diablo Theatre Company Funk Mode Studio A The Ballet School Ace Dance Academy Contra Costa Ballet Tutu School Peter Pan Founda.on Concord Youth Theatre Under the Sun Studios

•  Young REP •  Kids ‘N Dance ‘N Theater Arts •  Lamorinda Theatre Academy •  Diablo Choral Ar.sts •  Kids Take the Stage •  Steve and Kate’s Camp •  Standing Ova.ons •  Clayton Theatre Company •  Red House Studios •  Civic Arts Educa.on •  The Jam Brothers Music •  Contra Costa Children’s Chorus •  Diablo Women’s Chorale •  Dynamite •  OnStage Theatre •  WomenSing •  El Campanil Children’s Theatre


SPA is unique and innovative


Differentiating Arts Education Arts as Curriculum

• Students develop knowledge and skills in a par.cular art form. Ooen referred to as “arts learning” or “art for art’s sake,” these self-­‐contained elec.ve programs are guided by na.onal, state, or local standards for each of the art forms.

Arts-­‐Enhanced Curriculum

• When the arts are used as a device or strategy to support other curriculum areas, but no objec.ves in the art form are explicit and authen.c interdisciplinary collabora.on is unnecessary.

Arts-­‐Integrated Curriculum

• In Arts-­‐Integrated Curriculum, the arts become the approach to teaching and the vehicle for learning. Students meet dual learning objec.ves when they engage in the crea.ve process to explore connec.ons between an art form and another subject area to gain greater understanding in both.


Example: Course Offerings UC/CSU “a-­‐g” ClassificaFon

Subject Area

“a”

Social Science

“b”

English

“c”

Mathema.cs

“d”

Laboratory Science

“e”

Language other than English

“f”

Visual and Performing Arts

“g”

College Preparatory Elec.ve

•  Career Technical Educa.on (CTE) •  “A program of study that involves a mul.year sequence of courses that integrates core academic knowledge with technical and occupa.onal knowledge to provide students with a pathway to postsecondary educa.on and careers.” (CDE Website) •  Industry Sector: Arts, Media, and Entertainment •  More than 200 UC/CSU “a-­‐g” approved courses in classifica.ons other than “f”

•  MDUSD offers none of these courses •  SPA will offer already approved courses as well as seek approval for new courses (examples included in the SPA Response)


Arts unlocks core content


Research Validated •  •  •  •

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Appel, M.P. (2006). Arts integra.on across the curriculum. Leadership 36(2), 14-­‐17. Aprill, A. (2010). Direct instruc.on vs. arts integra.on: A false dichotomy. Teaching Ar8st Journal, 8(1), 6-­‐15. Ballengee-­‐Morris, C., Stuhfr, P. & Daniel, V.A. (2006). Sugges.ons for integra.ng the arts into curriculum. Art Educa8on, 59(1), 6-­‐11. Ballengee-­‐Morris, C. & Taylor, P.G. (2005). You can hide but you can't run: Interdisciplinary and culturally sensi.ve approaches to mask making. Art Educa8on, 58(5), 12-­‐17. BequeTe, J.W. & BequeTe, M.B. (2012).A Place for Art and Design in the STEM Conversa.on. Art Educa8on, 65(2), 40-­‐47. Black , J. & Smith, K. (2008). Inspired by the poe.c moving image. Art Educa8on, 61(2), 25-­‐29. Bohannon, R.L., & McDowell, C. (2010). Art, music, and movement connec.ons for elementary educa.on teacher candidates. General Music Today, 24(1), 27-­‐31. Brock, J. (2011). Integra.ng theater arts into the classroom: The new responsibili.es of the elementary school teacher. Unpublished manuscript, Dominican University of California. Brown, S. (2007). An arts-­‐integrated approach for elementary level students. Childhood Educa8on, 83(3), 172-­‐174. Burton, J., Horowitz, R. & Abeles, H. (2000) Learning in and through the arts: The ques.on of transfer. Studies in Art Educa8on, 41(3), 228-­‐257. Colwell, C.M. (2008). Integra.on of music and core academic objec.ves in the K-­‐12 curriculum: Percep.ons of music and classroom teachers. Applica8ons of Research in Music Educa8on, 26(2), 33-­‐41. Cordy, M., Gadanidis, G. & Hughes, J. (2011). Mathema.cs for gioed students in an arts-­‐ and technology-­‐rich seung. Journal for the Educa8on of the GiIed, 34(3), 397-­‐433. Dorfman, D. (2008). Arts integra.on as a catalyst for high school renewal. Studies in Art Educa8on, 50(1), 51-­‐66. Donahue, D., & Stuart, J. (2008). Working towards balance: Arts integra.on in pre-­‐service teacher

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educa.on in an era of standardiza.on. Teaching & Teacher Educa8on, 24(2), 343-­‐355. Eubanks, P. (2012). Interdisciplinary study: Research as part of artmaking. Art Educa8on, 65(2), 48-­‐53. GarreT, J. (2010). Arts integra.on professional development: Teacher perspec.ve and transfer to instruc.onal prac.ce. Unpublished doctoral disserta.on, Walden University. Heise, D. (2010). Folk art in the urban art room. Art Educa8on, 63(5), 62-­‐67. Inwood, H. (2010). Shades of green: Growing environmentalism through art educa.on. Art Educa8on, 63(6). Kelner, L.B. (2010). Miracle moments: Tales of arts integra.on. Teaching Ar8st Journal, 8(4), 229-­‐232. Khourey-­‐Bowers, C. & Croley, C.B. (2007). Art detec.ves. Educa8onal Leadership, 64(8), 51-­‐52. Lynch, P. (2007). Making meaning many ways: An exploratory look at integra.ng the arts with classroom curriculum. Art Educa8on, 60(4), 33-­‐38. Marshall, J. (2010). Five ways to integrate: Using strategies from contemporary art. Art Educa8on, 63(3). Marshall, J. (2006). Substan.ve art integra.on = exemplary art educa.on. Art Educa8on, 59(6), 17-­‐24. Mason, C.Y., Steedly, K.M. & Thormann, M.S. (2008). Impact of arts integra.on on voice, choice, and access. Teacher Educa8on and Special Educa8on, 31(1), 36-­‐41. Mayo, S. (2007). Implica.ons for art educa.on in the third millennium: Art technology integra.on. Art Educa8on, 60(3), 45-­‐51. McCarty, K.A. (2007). The effects of visual art integra.on on reading at the elementary level: A review of literature. [Online Submission] (ED496132). Mitchell, R., Whi.n, P. & Whi.n, D. (2012). Interdisciplinary invita.ons: Exploring Gee's Bend quilts. Art Educa8on, 65(1). Moroye, C.M., & Uhrmacher, P.B. (2007). Ins.tu.ng the arts. The Clearing House, 81(2), 53-­‐57. Nathan, L. (2008). Why the arts make sense in

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educa.on. Phi Delta Kappan, 90(3), 177-­‐181. Purnell, P., Ali, P., Begum, N., Carter, M. (2007). Windows, bridges and mirrors: Building culturally responsive early childhood classrooms through the integra.on of literacy and the arts. Early Childhood Educa8on Journal, 34(6), 419-­‐424. Rinne, L., Gregory, E., Yarmolinskaya, J. (2011). Why arts integra.on improves long-­‐term reten.on of content. Mind, Brain, and Educa8on, 5(2), 89-­‐96. Robelen, E.W. (2011). Building STEAM: Blending the arts with STEM subjects. Educa8on Week, 31(13). Shaw Jr., E., et al. (2005). From boxed lunch to learning boxes: An interdisciplinary approach. Science Ac8vi8es, 42(3), 16-­‐25. Sloan, W.M. (2009). Making content connec.ons through arts integra.on. Educa8on Update, 51(3). Smigel, E., & McDonald, N.L. (2011). Piecing together the 20th century: An interdisciplinary unit on principles of collage in modern music, art, and poetry (Grades 4-­‐8). General Music Today, 24(3). Smilan, C. & Miraglia, K.M. (2009). Art teachers as leaders of authen.c art integra.on. Art Educa8on, 62(6), 39-­‐45. Smithrim, K. & Upi.s, R. (2005). Learning through the arts: Lessons of engagement. Canadian Journal of Educa8on, 28(1/2), 109-­‐127. Strand, K. (2006). The heart and the journey: Case studies of collabora.on for arts integrated curricula. Arts Educa8on Policy Review, 108(1), 29-­‐40. Toren, Z., Maiselman, D. & Inbar, S. (2008). Curriculum integra.on: Art, literature and technology in pre-­‐service kindergarten teacher training. Early Childhood Educa8on Journal, 35(4), 327-­‐333. Walker, E., Tobine, C. & Weltsek, G. When achievement data meet drama and arts integra.on. Language Arts, 88(5), 365-­‐372. WooTon, K. (2008). A constant search: Arts-­‐ integra.on in cross-­‐cultural environments. Teaching Ar8st Journal, 6(3), 185-­‐196. Youm, H. (2007). Processes used by music, visual art, and first-­‐grade classroom teachers for developing and implemen.ng an integrated curriculum: A case study. Applica8ons of Research in Music Educa8on, 26(1), 41-­‐52.


Middle School???


5 CCR § 11967.5.1(b) For purposes of Educa.on Code sec.on 47605(b)(1), a charter pe..on shall be “an unsound educa.onal program” if it is any of the following: 1)  A program that involves ac.vi.es that the SBE determines would present the likelihood of physical, educa.onal, or psychological harm to the affected pupils. 2)  A program that the SBE determines not likely to be of educa.onal benefit to the pupils who aTend.


5 CCR § 11967.5.1(c) For purposes of Educa.on Code 47605(b)(2), […] the following factors shall be taken into considera.on in determining whether a charter pe..oner is "demonstrably unlikely to successfully implement the program set forth in the pe..on.” 1)  2)  3)  4)

If the pe..oners have a past history of involvement in charter schools or other educa.on agencies (public or private), that is regarded as unsuccessful. The pe..oners are unfamiliar with the content of the pe..on or the requirements of law that would apply to the proposed charter school. The pe..oners have presented an unrealis.c financial and opera.onal plan for the proposed charter school in the areas of administra.ve services, financial administra.on, insurance, or facili.es. The pe..oners personally lack the necessary background in the following areas cri.cal to the charter school's success, and the pe..oners do not have a plan to secure the services of individuals who have the necessary background in these areas: curriculum, instruc.on, and assessment; or finance and business management.


SPA Capacity Curriculum

Arts-­‐ integra.on

SPA Steering CommiTee

Admin

Opera.ons


Charter Schools Act It is the intent of the Legislature, in enac.ng this part, to provide opportuni.es for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the exis.ng school district structure, as a method to accomplish all of the following: a)  b)  c)  d)  e)  f)  g)

Improve pupil learning. Increase learning opportuniFes for all pupils, with special emphasis on expanded learning experiences for pupils who are iden.fied as academically low achieving. Encourage the use of different and innovaFve teaching methods. Create new professional opportuniFes for teachers, including the opportunity to be responsible for the learning program at the schoolsite. Provide parents and pupils with expanded choices in the types of educa.onal opportuni.es that are available within the public school system. Hold the schools established under this part accountable for mee.ng measurable pupil outcomes, and provide the schools with a method to change from rule-­‐based to performance-­‐based accountability systems. Provide vigorous compeFFon within the public school system to s.mulate con.nual improvements in all public schools.


Access and Outreach •  SPA’s mission is to serve a diverse popula.on •  SPA Budget allocates $35,000 in year one for outreach •  The outreach plan u.lizes print and online media, open houses, brochures and fliers, and parent and community involvement, as well as targets specific community, business, and poli.cal organiza.ons; churches; libraries; schools; and other public and private educa.on networks (naming in excess of 50 specific and diverse loca.ons excluding the arts organiza.ons).


County Budget Finding “There is no budgeted amount for the costs of benefits, longevity, Masters and Doctoral s.pends, and special assignments. MDUSD’s mid-­‐range teacher salary, according to the School Accountability Report Card, is $61,647 and the state average for mid-­‐range teachers is $66,895.” (CCCOE Staff Report pg. 6)


Percentage Allocated for Administrative

5.43%

6.08%

4.92%

29.62%

35.80%

36.83%

School-Site Principal Annual Salary Salaries (High) Percentage Allocated for Teacher

$106,119

District Salaries Superintendent Annual Salary

$138,050

$117,349 $154,891

Average Salaries

Percentage Allocated for Administrative Salaries

5.43% Unified School Districts

Percentage Allocated for Teacher Salaries

29.62%

ADA 1,500 to 4,999

ADA <1,500

Statewide Averages

ADA 5,000 to 9,999

$38,152

Midrange Teacher Annual Salary

$55,573

Highest Teacher Annual

Statewide Averages Salary

$207,044

6.08%

4.92%

35.80%

36.83%

ADA 10,000 to 19,999

Unified School Districts

Beginning Teacher Annual Salary

$129,506

ADA >20,000

$38,920

$41,243

$41,318

$41,761

$59,803

$64,893

$65,615

$66,895

ADA $71,908 <1,500

ADA 1,500 $78,096 to 4,999

ADA 5,000 $83,507 to 9,999

ADA 10,000 $84,981 to 19,999

ADA >20,000

$86,565

School-Site Principal Annual Beginning Teacher Annual Salary (Elementary) Salary

$38,152

$87,660

$95,836

$103,404

$107,624

$108,011

Midrange Teacher Annual Salary (Middle) Salary School-Site Principal Annual

$55,573

$92,424

$99,849

$109,964

$112,817

$113,058

(High) HighestSalary Teacher Annual Salary District Superintendent Annual

$93,606

$107,599

$120,078

$121,455

$123,217

$71,908

School-Site Principal Annual Salary (Elementary) Percentage Allocated for

$87,660

Administrative Salaries School-Site Principal Annual Salary (Middle) Percentage Allocated for

$92,424

School-Site Principal Annual

$116,538

Salary

$38,920 $59,803 $78,096

$151,912

$95,836

6.69%

5.95%

Teacher Salaries

School-Site Principal Annual Salary (High)

36.87%

$93,606

$64,893

$83,507

$183,557

$103,404 5.82%

$99,849

34.17%

$41,243

$109,964 39.89%

$84,981

$206,292

$227,183

$107,624 5.24%

$66,895 $86,565

$108,011 5.10%

$112,817 39.62%

$113,058 38.15%

$123,217

District Superintendent AnnualAverage Salaries of Public School Teachers: 2012–13 $116,538 $151,912 $183,557 $206,292 Salary

$227,183

2011-12 Rank

Percentage Allocated for 2 Teacher Salaries

2

1

6.69%

34.17%

2012-13

1 2

5.95%

$120,078

$65,615

$41,761

$121,455

2010-11 Rank Percentage Allocated for Administrative Salaries 1

$107,599

$41,318

State

5.82%

NEW YORK

MASSACHUSETTS

36.87%

39.89%

Average Annual Salary

5.24%

$75,279* $72,334

39.62%

http://www.cde.ca.gov/fg/fr/sa/cefavgsalaries.asp

Average Salaries of Public School Teachers: 2012–13

5.10% 38.15% Page 2 of 4


SPA Budget •  The employee compensa.on budget projec.ons for SPA are based on sound research and present both a compe..ve and fiscally responsible plan •  The County Staff report fails to make a fair comparison and to accurately account for SPA’s alloca.ons Year

# of CerFficated Employees

Budgeted Average Salary

Benefits

Budgeted Per Total Expenses for Employee Average Teachers DifferenFal Comp

1

9

$55,000

$9,000

$45,000

$5,000

$69,000

2

15

$56,540

$10,000

$80,000

$5,333

$71,873

3

21

$58,123

$11,000

$95,000

$4,523

$73,646

4

21

$65,000

$12,000

$100,000

$4,761

$81,761

5

21

$66,820

$13,000

$100,00

$4,761

$84,581


CCCOE Budget Finding •  “For the first year, the Charter Revolving Loan is not an allowable assump.on. The Pe..oner has not applied for or been awarded these funds. Therefore this revenue would need to be removed from the proposed Opera.ng Budget, drama.cally decreasing SPA’s cash flow” (CCCOE Staff Report pg. 6)


Revolving Loan •  “The Charter School Revolving Loan Fund (CSRLF), established in California Educa8on Code sec.ons 41365, 41366.5, 41366.7, and 41367, provides low-­‐interest loans of up to $250,000.00 to new charter schools to help meet purposes established in the school's charters. The CSRLF serves California's public charter schools by providing startup and ini.al opera.ng capital to assist schools in establishing high quality, high performing charter school opera.ons for California students and their families.” (CDE Website) •  The CSRLF is NOT a compeFFve grant. •  Katrina Johantgen, Execu.ve Director of the California School Finance Authority (the office that administers the CSRLF), has publicly stated that all .mely applicants will be funded. •  The State Board of Educa.on regularly allows this revenue source in charter school budgets.


Facilities

Concord Pavilion Prop 39


5 CCR § 11967.5.1(c) For purposes of Educa.on Code 47605(b)(2), […] the following factors shall be taken into considera.on in determining whether a charter pe..oner is "demonstrably unlikely to successfully implement the program set forth in the pe..on.” 1)  2)  3)  4)

If the pe..oners have a past history of involvement in charter schools or other educa.on agencies (public or private), that is regarded as unsuccessful. The pe..oners are unfamiliar with the content of the pe..on or the requirements of law that would apply to the proposed charter school. The pe..oners have presented an unrealis.c financial and opera.onal plan for the proposed charter school in the areas of administra.ve services, financial administra.on, insurance, or facili.es. The pe..oners personally lack the necessary background in the following areas cri.cal to the charter school's success, and the pe..oners do not have a plan to secure the services of individuals who have the necessary background in these areas: curriculum, instruc.on, and assessment; or finance and business management.


CCCOE Unfounded Claims •  Ed Program – “no evidence that [SPA’s] program is demonstrably superior to what is already offered by MDUSD” •  Governance – “no meaningful accountability or transparency” •  Special Educa.on – “it appears as though the SPA does not plan to serve these students” •  Recommenda.on – “the Pe..on does not present a program that provides an increase in op.ons for mee.ng the educa.onal needs of Contra Costa County students”


Opposition? Â


Local Oversight


Our Request •  Approve of the SPA charter pe..on for a five year term (from July 1, 2016 to June 30, 2021) with condi.ons on opening and opera.on as set forth in an MOU to be agreed upon between SPA and the CCCOE Superintendent or designee by March 1, 2015



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