Memorandum of Understanding between Community Learning Center Schools, Inc. Nea Charter School and the Alameda Unified School District

1
Memorandum of Understanding between Community
Learning Center Schools, Inc. Nea Charter School
and the Alameda Unified School District

• Board of Education
• March 10, 2009

2
Background Timeline

• January 8, 2009-Board of Education provisionally
  approved Nea Charter School application pending
  an approved Memorandum of Understanding (MOU) by
  January 31, 2009
• January 27, 2009-Board of Education approves a
  postponement until February 24, 2009 to approve
  the MOU as both parties continue working in good
  faith

3
Background TimelineCont

• AUSD submitted final draft MOU to Nea Charter on
  Monday, February 2, 2009
• Information on draft MOU presented to Board of
  Education on February 10, 2009
• Approval of postponement on February 24, 2009
• Action to be taken on the MOU by Board of
  Education on March 10, 2009

4
Revisions to the MOU

• Page 1 Recitals have been cleaned up for
  clarity 2 explains that CLCS is the governing
  board of directors for Nea
• Page 2 Term of MOU for 2009-10 school year
• Pages 2-5 Conditions for Commencing Operation
  -
• Documents due June 1st
• CLCS Board of Directors is the governing board
  responsible for document development and document
  changes added 4.1f. to submit any changes to
  the AUSD
• Insurance policies will be due August 1

5
Revisions to the MOU

• Pages 4 School Facility and Building Safety
• If Nea Charter is housed in an AUSD facility, it
  will be the Districts responsibility to provide
  documentation per Proposition 39
• Page 5 Special Education Program Plan will
  include program and services plan
• Page 6 Volunteer Requirements for those working
  directly with students in accordance with
  District policy
• Page 6 4.3 Date changed to October 1st
• Page 6 Added Confidentiality of Records

6
Educational Performance Special Education

• Special Education
• Pages 7-10 Until Nea Charter is accepted to El
  Dorado County Charter SELPA, we agree to govern
  the provision of special education and related
  services to Nea learners as required by charter
  law.
• Nea shall be responsible for provision of special
  education and related services ensure a free
  and appropriate public education (FAPE)
• 8.3g-Added language for Child Find

7
Educational Performance Special Education

• Pages 10-12 Upon acceptance to El Dorado County
  Charter SELPA, the provisions are revised to
  reflect the change in responsibility
• 8.13 Child Find
• 8.13 Infant preschool 18-22

8
Educational Program/General Operation Reporting

• Page 13 Added Students denied admission data
• Page 13 Added disenrollment data
• Page 15 Annual Fiscal Audit deficiencies
• Page 17 Risk Management due September 1,
  training evidence due October 1
• Page 18 District Oversight
• CLCS will include 1 district representative to
  serve as a non-voting member to the CLCS Board
• Ed Code 47605(d2c) In the event of a random
  drawing, the chartering authority shall make
  reasonable efforts to accommodate the growth of
  the charter school and in no event shall take any
  action to impede the charter school from
  expanding enrollment to meet pupil demand.

9
Educational Program/General Operation Reporting

• Page 18 Added revocation authority for materials
  violation
• Page 19 Visitations to charter school
• Page 22-23 Expanded Dispute Resolution
• Employees seeking union representation Charter
  application (page 79) Under EERA (Educational
  Employment Relations Act) CLCS employees shall
  have the right to form a collective bargaining
  unit and to negotiate directly with the charter
  school.

10
Notice to Cure and Revocation Procedures (EC
47607)

• Notice to Cure and Revocation
• It is in Education Code 47607, is noted in the
  Nea Charter Application, and in Dispute
  Resolution clause 35 in MOU
• A charter may be revoked by the authority that
  granted the charter under if the authority finds,
  through a showing of substantial evidence, that
  the charter school did any of the following
• Committed a material violation of any of the
  conditions, standards, or procedures set forth in
  the charter
• Failed to meet or pursue any of the pupil
  outcomes identified in the charter
• Failed to meet generally accepted accounting
  principles, or engaged in fiscal mismanagement
• Violated any provision of law

11
Notice to Cure and Revocation Procedures (EC
47607)

• The District will provide the charter reasonable
  opportunity to remedy the violation(s), unless
  the violation constitutes a severe and imminent
  threat to the health or safety of the pupils.
• Written notice of intent to revoke and notice of
  facts in support of revocation
• District has no later than 30 days of the notice
  to hold a public hearing of whether evidence
  exists to revoke the charter
• No later than 30 days after the public hearing,
  the District will issue a final decision of
  revocation
• Charter school may appeal to the county board of
  education within 30 days of the decision
• If the Charter school does not prevail, they can
  appeal to the state board of education

12
Action to Approve Nea Charter MOU

• Staff Recommendation approve Memorandum of
  Understanding between Community Learning Center
  Schools, Inc. and AUSD effective
• July 1, 2009 through June 30, 2010.