VINCENT ACADEMY PETITION FOR CHARTER

VINCENT ACADEMY PETITION FOR CHARTER DATE SUBMITTED: May 12, 2010 SUBMITTED BY: PARTNERS IN OAKLAND EDUCATION LEAD PETITIONER: JEAN DRISCOLL, PRESIDENT PARTNERS IN OAKLAND EDUCATION SUBMITTED TO: OAKLAND UNIFIED SCHOOL DISTRICT “Table of Contents of Legal Requirements:” This charter has been created in the format encouraged by the California State Board of Education in its adopted “Model Application for Charter Schools” and goes beyond the legal requirements of Education Code Section 47605 According to the State Board of Education, the Model Application format ensures that charter petitioners cover all of the minimum elements required by law in a systematic way However, as the Model Application format requires that statutory provisions in the Charter Schools Act be addressed out of the order presented in the Education Code, this “Table of Contents of Legal Requirements” is presented to assist the Reviewer in establishing that all requirements of law have been met Affirmations/Assurances The Educational Program Measurable Pupil Outcomes page page 16 page 50 Methods to Assess Pupil Progress towards Meeting Outcomes page 57 10 Governance Structure of School Employee Qualifications Health and Safety Procedures Means to Achieve Racial/Ethnic Balance Reflective of District Admissions Requirements Independent Financial Audit 11 12 13 14 15 16 17 18 19 page 60 page 66 page 70 page 75 page 74 page 93 Pupil Suspension and Expulsion Retirement System Attendance Alternatives Employee Rights to Return Dispute Resolution Labor Relations School Closure page 76 page 69 page 76 page 69 page 72 page 69 page 93 Impact Statement Signatures page 96 Attached AFFIRMATIONS/ASSURANCES As the authorized lead petitioner, I, Jean Driscoll, hereby certify, under penalty of perjury that the information submitted in this petition for Vincent Academy (the “School”), a California public charter school, to be located within the boundaries of the Oakland Unified School District (“OUSD” or the “District”) is true to the best of my knowledge and belief; I also certify that this petition does not constitute the conversion of a private school to the status of a public charter school; and further, I understand that if awarded a charter, the School will follow any and all federal, state, and local laws and regulations that apply to the School, including but not limited to: • The School shall meet all statewide standards and conduct the student assessment tests pursuant to Education Code Section 60605, and any other statewide standards authorized in statute, or student assessments applicable to students in non-charter public schools [Ref Education Code Section 47605(c)(1)] • The School shall be deemed the exclusive public school employer of the employees of Vincent Academy for purposes of the Educational Employment Relations Act [Ref Education Code Section 47605 (b)(5)(O)] • The School shall be nonsectarian in its programs, admissions, policies, governance, employment practices, and all other operations [Ref Education Code Section 47605(d)(1)] • The School shall not charge tuition, fees, or other mandatory payments for attendance at the charter school or for participation in programs that are required for students [Ref Education Code Section 47605(d)(1)] • The School shall be open to all students, on a space available basis, and shall not discriminate on the basis of the characteristics listed in Section 220 (actual or perceived disability, gender, nationality, race, color, or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code or association with an individual who has any of the aforementioned characteristics) The School shall further not discriminate on the basis of creed, ancestry, athletic performance, special need, proficiency in the English language or a foreign language, or academic achievement [Ref Education Code Section 47605(d)(1)] • The School shall admit all pupils who wish to attend Vincent Academy, and who submit a timely application, unless Vincent Academy receives a greater number of applications than there are spaces for students, in which case each application will be given equal chance of admission through a public random drawing process Except as required by Education Code Section 47605(d)(2), admission to Vincent Academy shall not be determined according to the place of residence of the student or his or her parents within the State Preference in the public random drawing shall be given as required by Education Code Section 47605(d)(2) (B) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the Charter School in accordance with Education Code Section 47605(d)(2)(C) [Ref Education Code Section 47605(d)(2)(A)-(B)] • The School shall adhere to all provisions of federal law related to students with disabilities including, but not limited to the Individuals with Disabilities in Education Improvement Act _ Vincent Academy Charter Petition Page of 99 of 2004 (“IDEA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504"), and Title II of the Americans with Disabilities Act of 1990 (“ADA”) • The School shall meet all requirements for employment set forth in applicable provisions of law, including, but not limited to credentials, as necessary [Ref Title California Code of Regulations Section 11967.5.1(f)(5)(C)] • The School shall ensure that teachers in Vincent Academy hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools are required to hold As allowed by statute, flexibility will be given to non-core, non-college preparatory teachers [Ref California Education Code Section 47605(l)] • The School shall at all times maintain all necessary and appropriate insurance coverage • The School shall, for each fiscal year, offer at a minimum, the number of minutes of instruction per grade level as required by Education Code Section 47612.5(a)(1)(A)-(D) • If a pupil is expelled or leaves Vincent Academy without graduating or completing the school year for any reason, Vincent Academy shall notify the superintendent of the school district of the pupil's last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information [Ref California Education Code Section 47605(d)(3)] • The School shall maintain accurate and contemporaneous written records that document all pupil attendance and make these records available for audit and inspection [Ref California Education Code Section 47612.5(a)] • The School shall on a regular basis consult with its parents and teachers regarding the Charter School's education programs [Ref California Education Code Section 47605(c)] • The School shall comply with any jurisdictional limitations to locations of its facilities [Ref California Education Code Section 47605-47605.1] • The School shall comply with all laws establishing the minimum and maximum age for public school enrollment [[Ref California Education Code Section 47612(b), 47610] • The School shall comply with all applicable portions of the No Child Left Behind Act • The School shall comply with the Public Records Act • The School will adhere to all applicable provisions of federal law relating to students who are English Learners, including Title VI of the Civil Rights Act of 1964; and the Equal Educational Opportunities Act of 1974 • The School shall comply with the Family Educational Rights and Privacy Act • The School shall comply with the Ralph M Brown Act _ Vincent Academy Charter Petition Page of 99 • The School shall meet or exceed the legally required minimum of school days.[Ref Title California Code of Regulations Section 11960] • The School will submit to the OUSD Office of Charter Schools the names, mailing addresses, and employment and educational histories of proposed new members of the Board of Trustees prior to their service • The School will, in the event the Board of Trustees intends to procure substantially all educational services for the charter school through a contract with another person or entity, provide for approval of such contract by the Board of Education in advance of the beginning of the contract period • The School will provide financial statements that include a proposed first-year operational budget with start-up costs and anticipated revenues and expenditures necessary to operate the School, including special education; a cash flow and financial projections for the first three years of operation • The School will provide to the Office of Charter Schools a school code of conduct, Board of Trustee bylaws, and enrollment policy, and an approved certificate of building occupancy for each facility in use by the School according to the schedule set by the Office of Charter School but in any event prior to the opening of the School • The School will submit an annual report and annual independent audits to the OUSD Office of Charter Schools by all required deadlines • The School will submit required enrollment data each March to the OUSD Office of Charter Schools by the required deadline • The School will operate in compliance with generally accepted government accounting principles • The School will maintain separate accountings of all funds received and disbursed by the School • The School will participate in the California State Teachers’ Retirement System as applicable _ Jean Driscoll, Lead Petitioner _ Date _ Vincent Academy Charter Petition Page of 99 INTRODUCTION In 1992, the California State Legislature passed the Charter Schools Act, creating the vehicle for parents and educators to collaborate on innovative educational opportunities for children throughout the state of California Pursuant to Education Code Section 47601, charter schools were created as a method to accomplish all of the following: • • • • • • • Improve pupil learning Increase learning opportunities for all pupils with special emphasis on expanded learning opportunities for pupils who are identified as academically low achieving Encourage the use of different and innovative teaching methods Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system Hold the schools accountable for meeting measurable pupil outcomes and provide the schools with a method to change from rule-based to performance-based accountability systems Provided vigorous competition within the public school system to stimulate continual improvements in all public schools Vincent Academy fully embraces the Legislative Intent of the Charter Schools Act, and its mandate Vincent Academy will meet the Legislative Intent by improving pupil learning and increasing learning opportunities for all pupils with special emphasis on expanded learning opportunities for students from economically challenged communities By creating a school that seeks to support the family as well as the pupils, Vincent Academy will provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system _ Vincent Academy Charter Petition Page of 99 EXECUTIVE SUMMARY Partners in Oakland Education, a California nonprofit corporation, seeks to open and operate Vincent Academy, a public elementary (K-5) charter school In partnership with Saint Vincent’s Day Home1 (“Day Home”) and other service organizations, Vincent Academy will combine exemplary elementary education with a robust program of family education and services Vincent Academy will build upon the demonstrated success of the approach of the Day Home, based on the knowledge that academic success in challenged communities requires support and services for families Mission Statement The mission of Vincent Academy is to provide excellent education, grounded in scholarship, compassion and resilience The school is founded on the belief that academic success is attainable for all students in the context of family support and community involvement Modeled after the approach of Saint Vincent’s Day Home, our school combines a rigorous academic program, augmented by a rich offering of the arts, with a strong system of education and support services for parents, in partnership with other community organizations Our program promotes the intellectual, social and emotional growth of our students, helping them to develop deep respect for, and clear sense of responsibility to themselves, their families, their cultures, and their communities While striving for academic excellence, we place equal value on character development and self-esteem of our students Our robust curriculum prepares our students to be 21st century learners, and seeks to inspire and prepare them to participate actively as members and leaders of a democratic society Vision Statement It is fitting that the Latin root of “Vincent” means “to persevere” as the Day Home approaches its 100th year of service to the greater West Oakland community The Day Home, which offers comprehensive child development programs and family services, is one of Oakland’s oldest and most effective social service agencies, having served generations of children in the community since 1911 Vincent Academy is emerging out of the Day Home’s established community presence in West Oakland, a neighborhood that, while vibrant, faces economic and social challenges This partnership is committed to working to sustain West Oakland, and to collaborate with and support the efforts of other organizations to improve the health and safety of this neighborhood Vincent Academy intends to be a safe, joyful, academically rigorous, and community-minded elementary school where children can develop their innate talents and skills, learn about the complex world around them, and receive the support necessary to truly thrive and become community leaders in a global context The development of our vision has been inspired by the leadership of those who have guided the Day Home through generations of small children and waves of change in the community, as well as the work of Geoffrey Canada’s Harlem Children’s Zone Canada’s work in Harlem and the Saint Vincent’s Day Home is a California public benefit corporation It is a nonsectarian institution that welcomes all children in need, regardless of their religious tradition _ Vincent Academy Charter Petition Page of 99 research associated with that work have shown that to change the trajectory of a disadvantaged child, one needs to: intervene early in life; continue to intervene through adolescence; give the child extra time in school and support outside of school; involve the child’s parents and family; focus on improving cognitive skills but also nurture the child’s noncognitive, social and emotional skills.1 Our vision for Vincent Academy is the creation of just such an integrated learning community Our vision is echoed in the new Promise Neighborhoods Initiative introduced recently by the U.S Department of Education The core idea behind the Promise Neighborhoods Initiative is that providing both effective schools and strong systems of support to children and youth in poverty and, thus, meeting their health, social services, and educational needs, will offer them the best foundation for a successful future The Promise Neighborhoods Initiative promotes a continuum of effective community services, strong family supports, and comprehensive education reforms to improve the educational and life outcomes for children and youths in high-need communities This initiative is an outgrowth of the Day Home’s program of wrap-around services for children and families, developed over nearly a century of service to the community, coupled with a stateof-the-art, research-based education program It is the combination of excellent education and family services that will make Vincent Academy an extraordinary elementary school and an important community asset Target Population Vincent Academy expects to serve children with a broad range of ethnic backgrounds, with the vast majority from low-income families By the end of the term of this charter, Vincent Academy plans to serve 324 K-5 students during the 2015-2016 school year The growth plan begins with two classes of Kindergarten and three classes of first grade in 2011, and then adds a grade level each succeeding year as enrolled students are promoted and new Kindergarteners enter the program With approximately 20 children to a class in K-3 and ≤ 27 children to a class in 4-5, it is anticipated that the School will maintain two kindergarten classes, three classes in each grade 1-3 and two classes each of fourth and fifth grades Educational Philosophy and Approach What it Means to Be an Educated Person in the 21st Century The reality of the 21st century world demands of us all the knowledge and skills necessary to access, process and utilize the vast amount of information literally at our fingertips Equally important is to acknowledge our increasing interdependence in a global context of rapid ecological, political and social change Now, more than ever, the education that our students receive will have a lasting impact on our collective future Vincent Academy will engender in students the habits of mind and emotional intelligence necessary to meet the challenges of our time The School’s program places an emphasis on foundational knowledge, critical thinking skills, and learning applications within real-world contexts, while simultaneously nurturing each student’s innate sense of responsibility, respect, caring, fairness and collaboration _ Vincent Academy Charter Petition Page of 99 How Learning Best Occurs Analysis of the successful Day Home program suggests that three main factors are involved in assuring the optimal conditions for learning: environment, expectations and experience The overall design of Vincent Academy has been time-tested throughout the Day Home’s 99-year history and has been proven successful in the field by other school programs that adhere to the same basic tenets as Vincent Academy Environment Significant environmental factors include a small school design, small class sizes, extended day and year-round programming, on-going education and wrap-around services available to families Expectations The high-expectations held for all students, staff and families of Vincent Academy are only meaningful if those very expectations are met Thus, various supports ranging from Individualized Learning Plans for every student to comprehensive equity development work supported by organizations such as BayCES will be put into place to ensure achievement of the School’s goals, High standards are applicable to both academic and social/emotional realms Experience Imperative to the Vincent Academy program is building the best team possible Staff will be selected on the basis of their formal training, commitment to the vision and mission of the school, and their proven success with the population Vincent Academy aims to serve _ Vincent Academy Charter Petition Page of 99 FOUNDING TEAM The California State Board of Education, in its recommended Model Application for Charter Schools, has stated that the founding group of a charter school should be able to present evidence that it and its members have the necessary background in the following areas: • • • Curriculum, instruction and assessment; Finance, facilities and business management; and Organization, governance and administration The Vincent Academy Founding Team consists of the Board of Directors of Partners in Oakland Education, the Founding Board of Directors of Vincent Academy, and the members of the key school development committees established by Partners in Oakland Education; these are the – education, administrative operations, finance and site committees Partners in Oakland Education Partners in Oakland Education, a public nonprofit benefit corporation, began operating in Oakland, CA in 2009 The founding board is composed of five members, who have served on the board of the organization since its inception, and who possess the following backgrounds and skills: • • • • • Combined total of more than 70 years of teaching and school administration experience Combined total of 65 years of legal experience in the California judicial system, including the California Supreme Court and California State Court of Appeal More than 20 years in private and public finance More than 90 years of involvement in West Oakland community organizations Social entrepreneurship, with an emphasis on community investment and urban development The board members have been or are currently involved with numerous California organizations, including: Saint Vincent’s Day Home, California Teacher’s Retirement System (STRS), Holy Names University, University of San Francisco, East Bay College Fund, Northern California Community Loan Fund, Oakland Public Ethics Commission, California Board of Common Cause, David and Lucile Packard Foundation, Head-Royce School, California Center for Judicial Education and Research, Urban Strategies Council, and Clausen House The founding members also have significant experience working and/or volunteering with the target student population in the West Oakland area A description of each founding member is listed below Justice Carol A Corrigan, J.D, is Associate Justice of the California Supreme Court Justice Corrigan previously served on the Court of Appeal, Superior and Municipal Courts Justice Corrigan has been an adjunct professor of law at Hastings College of Law; the University of California Berkeley School of Law; the University of San Francisco School of Law and the University of Puget Sound School of Law (now Seattle _ Vincent Academy Charter Petition Page of 99 parent/guardian This notice shall also include the following: Notice of the specific offense committed by the student; and Notice of the student's or parent/guardian's obligation to inform any new district in which the student seeks to enroll of the student's status with Vincent Academy _ Vincent Academy Charter Petition Page 87 of 99 The Head of School or designee shall send a copy of the written notice of the decision to expel to the District This notice shall include the following: a) the student's name and b) the specific expellable offense committed by the student Disciplinary Records Vincent Academy shall maintain records of all student suspensions and expulsions at the school Such records shall be made available to the District upon request No Right to Appeal The pupil shall have no right of appeal from expulsion from Vincent Academy, as the Vincent Academy Board’s decision to expel shall be final Expelled Pupils/Alternative Education Pupils who are expelled shall be responsible for seeking alternative education programs including, but not limited to, programs within the County or their school district of residence Vincent Academy shall work cooperatively with parents/guardians as requested by parents/guardians or by the District of residence to assist with locating alternative placements during expulsion Rehabilitation Plans Students who are expelled from Vincent Academy shall be given a rehabilitation plan upon expulsion as developed by the Board at the time of the expulsion order, which may include, but is not limited to, periodic review as well as assessment at the time of review for readmission The rehabilitation plan should include a date not later than one year from the date of expulsion when the pupil may reapply to the School for readmission Readmission The decision to readmit a pupil or to admit a previously expelled pupil from another school district or charter school shall be in the sole discretion of the Board following a meeting with the Head of School and the pupil and guardian or representative to determine whether the pupil has successfully completed the rehabilitation plan and to determine whether the pupil poses a threat to others or will be disruptive to the school environment The Head of School shall make a recommendation to the Board following the meeting regarding his or her determination The pupil's readmission is also contingent upon the School's capacity at the time the student seeks readmission Special Procedures for the Consideration of Suspension and Expulsion of Students with Disabilities Notification of SELPA: _ Vincent Academy Charter Petition Page 88 of 99 Vincent Academy, while a school of the district for special education purposes, shall immediately notify the SELPA and coordinate the procedures in this policy with the SELPA the discipline of any student with a disability or student who Vincent Academy or SELPA would be deemed to have knowledge that the student had a disability Services During Suspension: Students suspended for more than ten (10) school days in a school year shall continue to receive services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP/504 Plan; and receive, as appropriate, a functional behavioral assessment or functional analysis, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur Theses services may be provided in an interim alterative educational setting Procedural Safeguards/Manifestation Determination: Within ten (10) school days of a recommendation for expulsion or any decision to change the placement of a child with a disability because of a violation of a code of student conduct, Vincent Academy, the parent, and relevant members of the IEP/504 Team shall review all relevant information in the student's file, including the child's IEP/504 Plan, any teacher observations, and any relevant information provided by the parents to determine: a) b) If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or If the conduct in question was the direct result of the local educational agency's failure to implement the IEP/504 Plan If Vincent Academy, the parent, and relevant members of the IEP/504 Team determine that either of the above is applicable for the child, the conduct shall be determined to be a manifestation of the child's disability If Vincent Academy, the parent, and relevant members of the IEP/504 Team make the determination that the conduct was a manifestation of the child's disability, the IEP/504 Team shall: a) b) c) Conduct a functional behavioral assessment or a functional analysis assessment, and implement a behavioral intervention plan for such child, provided that Vincent Academy had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement; If a behavioral intervention plan has been developed, review the behavioral intervention plan if the child already has such a behavioral intervention plan, and modify it, as necessary, to address the behavior; and Return the child to the placement from which the child was removed, unless the parent and Vincent Academy agree to a change of placement as part of the modification of the behavioral intervention plan _ Vincent Academy Charter Petition Page 89 of 99 If Vincent Academy, the parent, and relevant members of the IEP/504 team determine that the behavior was not a manifestation of the student’s disability and that the conduct in question was not a result of the failure to implement the IEP/504 Plan, then Vincent Academy may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to students without disabilities Due Process Appeals: The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination, or believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request an expedited administrative hearing through the Special Education Unit of the Office of Administrative Hearings or by utilizing the dispute provisions of the 504 Policy and Procedures When an appeal relating to the placement of the student or the manifestation determination has been requested by either the parent or the School, the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the forty-five (45) day time period provided for in an interim alternative educational setting, whichever occurs first, unless the parent and the School agree otherwise Special Circumstances: Vincent Academy personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct The Head of School or designee may remove a student to an interim alternative educational setting for not more than forty-five (45) days without regard to whether the behavior is determined to be a manifestation of the student’s disability in cases where a student: a) b) c) Carries or possesses a weapon, as defined in 18 USC 930, to or at school, on school premises, or to or at a school function; Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function; or Has inflicted serious bodily injury, as defined by 20 USC 1415(k)(7)(D), upon a person while at school, on school premises, or at a school function Interim Alternative Educational Setting: The student's interim alternative educational setting shall be determined by the student's IEP/504 team _ Vincent Academy Charter Petition Page 90 of 99 Procedures for Students Not Yet Eligible for Special Education Services: A student who has not been identified as an individual with disabilities pursuant to IDEA and who has violated Vincent Academy’s disciplinary procedures may assert the procedural safeguards granted under this administrative regulation only if Vincent Academy had knowledge that the student was disabled before the behavior occurred Vincent Academy shall be deemed to have knowledge that the student had a disability if one of the following conditions exists: a) b) c) The parent/guardian has expressed concern in writing, or orally if the parent/guardian does not know how to write or has a disability that prevents a written statement, to School supervisory or administrative personnel, or to one of the child’s teachers, that the student is in need of special education or related services The parent has requested an evaluation of the child The child’s teacher, or other school personnel, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education or to other school supervisory personnel If Vincent Academy knew or should have known the student had a disability under any of the three (3) circumstances described above, the student may assert any of the protections available to IDEA-eligible children with disabilities, including the right to stay-put If Vincent Academy had no basis for knowledge of the student’s disability, it shall proceed with the proposed discipline Vincent Academy shall conduct an expedited evaluation if requested by the parents; however the student shall remain in the education placement determined by the school pending the results of the evaluation Vincent Academy shall not be deemed to have knowledge of that the student had a disability if the parent has not allowed an evaluation, refused services, or if the student has been evaluated and determined to not be eligible _ Vincent Academy Charter Petition Page 91 of 99 VI FINANCIAL REPORTING AND ACCOUNTABILITY Budget and Cash Flow Governing Law: The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation - California Education Code Section 47605(g) Please see Appendix N for the School’s financial projections and cash flow as required by Education Code Section 47605(g) These documents are based upon the best data available to the Petitioners at the date of submission Financial Reporting Vincent Academy shall provide reports to District and the County Superintendent of Schools in accordance with Education Code Section 47604.33 as follows and shall provide additional fiscal reports as requested by the District or County Superintendent of Schools: By July 1, a preliminary budget for the current fiscal year For a charter school in its first year of operation, financial statements submitted with the charter petition pursuant to Education Code 47605(g) will satisfy this requirement By December 15, an interim financial report for the current fiscal year reflecting changes through October 31 Additionally, on December 15, a copy of Vincent Academy’s annual, independent financial audit report for the preceding fiscal year shall be delivered to the District, State Controller, State Department of Education and County Superintendent of Schools By March 15, a second interim financial report for the current fiscal year reflecting changes through January 31 By September 15, a final non-audited report from the full prior year The report submitted to the District shall include an annual statement of all Vincent Academy’s receipts and expenditures for the preceding fiscal year Insurance Vincent Academy shall acquire and finance general liability, workers compensation, and other necessary insurance of the types and in the amounts required for an enterprise of similar purpose and circumstance The District and the District Governing Board shall be named as additional insureds on all policies of Vincent Academy Administrative Services Governing Law: the manner in which administrative services of the School are to be provided (Education Code Section 47605(g)) _ Vincent Academy Charter Petition Page 92 of 99 The Head of School will assume the lead responsibility for administering Vincent Academy under the policies adopted by Vincent Academy’s Board of Directors Vincent Academy initially intends to contract with an appropriate third-party for all “back-office” administrative services, including but not limited to financial management, payroll, and budget development Vincent Academy may bring some or all of these services in house, using qualified personnel trained to work in Vincent Academy’s context, if and when it becomes efficient to so Facilities Governing Law: the facilities to be utilized by the school The description of facilities to be used by the charter school shall specify where the school intends to locate (Education Code Section 47605(g)) Vincent Academy currently is pursuing a site option in close proximity to the Day Home, described below (See Appendix O – Facilities: Site Requirements) The site consists of two parcels located at the corner of Th and Adeline, half a block from the Day Home facility One parcel of approximately 18,000 sf is owned by the Day Home and currently is used as overflow parking The other parcel, of approximately 12,000 sf, is owned by Acorn Housing (a corporation controlled jointly by the Acorn Residents’ Council and BRIDGE Housing Corporation), and currently contains a 3,500 sf building partially used for residents’ council offices The Acorn property would be leased to Vincent Academy under terms yet to be determined (See Appendix O – Facilities: Letter of Interest) Fourteen portable classrooms would be phased on to the site over five years, as follows: five portables in the first year, three in the second year, three in the third year, two in the fourth year and one in the fifth year Each unit would be approximately 24’ by 40,’ for a total of 960 sf per classroom Two bathroom portables would also be installed The existing 3,500 sf building would house an additional classroom, library and special education facilities, administrative offices, and a teachers’ area The portables would be configured to provide for a 5,600 sf play area The site is flat with easy accessibility and adequate utility services in the adjacent streets In addition, an underutilized parking lot adjacent to the site would be available for daytime faculty parking The site is a corner location, which provides for easy egress and, with the parking lot setback, provides for a minimum interface with adjoining residents The site is located within walking distance of both the Day Home and significant recreation facilities in the Acorn development Collaboration with the Day Home and Acorn would accommodate access to larger meeting space as needed Most importantly, proximity to the Day Home would offer convenience to parents with children in both Vincent Academy and the Day Home, and would support the programmatic coordination between the two schools Vincent Academy reserves the right to apply to the District for an appropriate school facility under Proposition 39 It shall utilize California Building Standards Code compliant facilities in accordance with Education Code Section 47610 _ Vincent Academy Charter Petition Page 93 of 99 Transportation No transportation to and from school will be provided for students by Vincent Academy except as required by law for students with disabilities, according to their Individualized Education Plans Independent Fiscal Audit Governing Law: The manner in which an annual, independent financial audit shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority—California Education Code Section 47605 (b)(5)(I) An annual independent fiscal audit of the books and records of Vincent Academy will be conducted as required under the Charter Schools Act, Education Code Sections 47605(b)(5)(I) and 47605(m) The books and records of Vincent Academy will be kept in accordance with generally accepted accounting principles, and shall be conducted in accordance with applicable provisions within the California Code of Regulations governing audits of charter schools as published in the State Controllers K-12 Audit Guide An audit committee of the Board of Directors will select an independent auditor through a request for proposal format The auditor will have, at a minimum, a CPA and educational institution audit experience and shall be included by the State Controller's Office on its published list as an educational audit provider To the extent required under applicable federal law, the audit scope will be expanded to include items and processes specified in applicable Office of Management and Budget Circulars It is anticipated that the annual audit will be completed within four months of the close of the fiscal year and that a copy of the auditor's findings will be forwarded to the District, the County Superintendent of Schools, the State Controller, and to the CDE by the 15th of December of each year The Head of School, along with the audit committee, will review any audit exceptions or deficiencies and report to the Vincent Academy Board of Directors with recommendations on how to resolve them The Board will submit a report to the District describing how the exceptions and deficiencies have been or will be resolved to the satisfaction of the District along with an anticipated timeline for the same Any appeals or requests for summary review of audit exceptions shall be made to the Education Audit Appeals Panel The independent fiscal audit of Vincent Academy is a public record to be provided to the public upon request Closure Protocol Governing Law: A description of the procedures to be used if the charter School closes, The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the School, including plans for disposing of any net assets and for the maintenance and transfer of pupil records (Education Code Section 47605(b)(5)(P)) _ Vincent Academy Charter Petition Page 94 of 99 Closure of the School will be documented by official action of the Board of Directors The action will identify the reason for closure The official action will also identify an entity and person or persons responsible for closure-related activities The Board of Directors will promptly notify parents and students of Vincent Academy, the District, the Alameda County Office of Education, the School’s SELPA, the retirement systems in which the School’s employees participate (e.g., State Teachers’ Retirement System, and federal social security), and the California Department of Education of the closure as well as the effective date of the closure This notice will also include the name(s) of and contact information for the person(s) to whom reasonable inquiries may be made regarding the closure; the pupils’ school districts of residence; and the manner in which parents/guardians may obtain copies of pupil records, including specific information on completed courses and credits that meet graduation requirements The Board will ensure that the notification to the parents and students of Vincent Academy of the closure provides information to assist parents and students in locating suitable alternative programs This notice will be provided promptly following the Board's decision to close the School The Board will also develop a list of pupils in each grade level and the classes they have completed, together with information on the pupils’ districts of residence, which they will provide to the entity responsible for closure-related activities As applicable, the School will provide parents, students and the District with copies of all appropriate student records and will otherwise assist students in transferring to their next school All transfers of student records will be made in compliance with the Family Educational Rights and Privacy Act (“FERPA”) 20 U.S.C § 1232g The School will ask the District to store original records of Vincent Academy students All records of the School shall be transferred to the District upon School closure If the District will not or cannot store the records, Vincent Academy shall work with the Alameda County Office of Education to determine a suitable alternative location for storage All state assessment results, special education records, and personnel records will be transferred to and maintained by the entity responsible for closure-related activities in accordance with applicable law As soon as reasonably practical, Vincent Academy will prepare final financial records Vincent Academy will also have an independent audit completed within six months after closure Vincent Academy will pay for the final audit The audit will be prepared by a qualified Certified Public Accountant selected by Vincent Academy and will be provided to the District promptly upon its completion The final audit will include an accounting of all financial assets, including cash and accounts receivable and an inventory of property, equipment, and other items of material value, an accounting of the liabilities, including accounts payable and any reduction in apportionments as a result of audit findings or other investigations, loans, and unpaid staff compensation, and an assessment of the disposition of any restricted funds received by or due to the School _ Vincent Academy Charter Petition Page 95 of 99 Vincent Academy will complete and file any annual reports required pursuant to Education Code section 47604.33 On closure of Vincent Academy, all assets of the School, including but not limited to all leaseholds, personal property, intellectual property and all ADA apportionments and other revenues generated by students attending the School, remain the sole property of Vincent Academy and shall be distributed in accordance with the Articles of Incorporation upon the dissolution of the non-profit public benefit corporation to another California public educational entity Any assets acquired from the District or District property will be promptly returned upon School closure to the District The distribution shall include return of any unspent grant funds and restricted categorical funds to their source in accordance with the terms of the grant or state and federal law, as appropriate, which may include submission of final expenditure reports for entitlement grants and the filing of any required Final Expenditure Reports and Final Performance Reports, as well as the return of any donated materials and property in accordance with any conditions established when the donation of such materials or property was accepted On closure, Vincent Academy shall remain solely responsible for all liabilities arising from the operation of the School As Vincent Academy is operated by a non-profit public benefit corporation, should the corporation dissolve with the closure of the School, the Board will follow the procedures set forth in the California Corporations Code for the dissolution of a non-profit public benefit corporation and file all necessary filings with the appropriate state and federal agencies Vincent Academy will utilize its reserve fund to undertake any expenses associated with the closure procedures identified above _ Vincent Academy Charter Petition Page 96 of 99 VII IMPACT ON THE DISTRICT Governing Law: Potential civil liability effects, if any, upon the school and upon the District (Education Code Section 47605(g) Potential Civil Liability Effects Intent This statement is intended to fulfill the terms of Education Code Section 47605(g) and provides information regarding the proposed operation and potential effects of the Charter School on the District Civil Liability Vincent Academy shall be a subsidiary of Partners in Oakland Education, Inc., a California nonprofit public benefit corporation This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code and California Revenue and Taxation Code Section 23701d The specific purposes of this corporation are to: (1) establish, oversee and maintain a California public charter school that provides quality education primarily to California low-income youth in any primary and secondary grades, as determined by the Corporation, and (2) provide such other services, including, but not limited to, the provision of educational programs and health services, to the population served by the California public charter school as determined by the Corporation to be appropriate Additionally, the corporation may engage in any activities that are reasonably related to or in furtherance of its stated charitable and public purposes, or in any other charitable activities Pursuant to Education Code Section 47604(c), an entity that grants a charter to a charter school operated by or as a non-profit public benefit corporation shall not be liable for the debts or obligations of the Charter School or for claims arising from the performance of acts, errors or omissions by the Charter School if the authority has complied with all oversight responsibilities required by law Vincent Academy’s Articles of Incorporation and bylaws are attached as Appendix N Vincent Academy shall work diligently to assist the District in meeting any and all oversight obligations under the law, including monthly meetings, reporting, or other requested protocol to ensure the District shall not be liable for the operation of Vincent Academy Further, Vincent Academy and the District shall enter into a memorandum of understanding, wherein Vincent Academy shall indemnify the District for the actions of Vincent Academy under this charter The corporate bylaws of Vincent Academy shall provide for indemnification of Vincent Academy’s Board of Directors, officers, agents, and employees, and Vincent Academy will purchase general liability insurance, Directors and Officers insurance, and fidelity bonding to secure against financial risks The District shall be named an additional insured on the general liability insurance of Vincent Academy As stated above, insurance amounts will be determined by recommendation of Vincent Academy’s insurance company for schools of similar size, location, and student population The _ Vincent Academy Charter Petition Page 97 of 99 District shall be named an additional insured on the general liability insurance of Vincent Academy The Board of Directors of Vincent Academy will institute appropriate risk management practices, including screening of employees, establishing codes of conduct for students, and dispute resolution _ Vincent Academy Charter Petition Page 98 of 99 VIII CONCLUSION By approving this charter, the Oakland Unified School District will be fulfilling the intent of the Charter Schools Act of 1992 to improve pupil learning; increase learning opportunities for all pupils with special emphasis on expanded learning opportunities for all pupils who are identified as academically low achieving; create new professional opportunities for teachers; and provide parents and pupils with expanded choices in education and following the directive of law to encourage the creation of charter schools The Petitioners are eager to work independently, yet cooperatively with the District to set the highest standard for what a charter school should and can be To this end, the Petitioners pledge to work cooperatively with the District to answer any concerns over this document and to present the District with the strongest possible proposal for approval of a renewal charter Vincent Academy’s charter term shall begin on July 1, 2011 and shall expire on June 30, 2016 Renewal of the charter shall be governed by the standards and criteria in Education Code Section 47605 and Education 47607 as applicable _ Vincent Academy Charter Petition Page 99 of 99 i Tough, Paul: Whatever it Takes: Geoffrey Canada’s Quest to Change Harlem and America ii Goldenberg, C (2008) Teaching English language Learners, What the Research Does - and Does Not Say Washington, DC: American Educator (Summer 2008) iii Susana Dutro and Carrol Moran (2003) Rethinking English Language Instruction: An ArchitecturalApproach Chapter 10 in G Garcia (Ed.) English Learners: Reaching the Highest Level of English Literacy Newark, DE: International Reading Association iv Haberman, M (1991) The pedagogy of poverty versus good teaching Phi Delta Kappan, 73, 290-294 v Akiba et al (2007) Teacher Quality, Opportunity Gap, and National Achievement in 46 Countries Educational Researcher, 36: 369-387 vi Sapp, J (2006) Rigor + Support = Success,Teaching Tolerance, 29 (Spring 2006) vii Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C 11431 et seq.) viii Gordon, R “Facing the Consequences: An Examination of Racial Discrimination in U.S Public Schools” Applied Research Center March 2000 ix BayCES: Impact Report (2007) Transforming Urban Schools: http://www.bayces.org/article.php? story=impreport x “The ‘Why’s’ of Class Size: Student Behavior in Small Classes” by Jeremy Finn, Gina Pannozzo, and Charles Achilles, Review of Educational Research, Fall 2003 (Vol 73, #2, p 321-368) xi “Halting the Summer Achievement Slide: A Randomized Field Trial of the KindergARTen Summer Camp” by Geoffrey Borman, Michael Goetz, and Maritza Dowling in Journal of Education for Students Placed at Risk, April-June 2009 (Vol 14, #2, p 133-147) xii “Empowered – After School” by Susan Neuman in Educational Leadership, April 2010 (Vol 67, #7, p 30-36) xiii Gay, G Culturally Responsive Teaching: Theory, Research and Practice ( 2000) xiv Tomlinson, C.A The Differentiated Classroom: Responding to the needs of all learners (Alexandria: Association of Supervision and Curriculum Development, 1999) xv “Research on Reading: A Cautionary Tale” by Gregory Camilli and Paula Wolfe in Educational Leadership, March 2004 (vol 61, #6, p 26-29) xvi “Classroom Assessment Minute by Minute, Day by Day” by Siobhan Leahy, Christine Lyon, Marnie Thompson, and Dylan Wiliam in Educational Leadership, November 2005 (Vol 63, #3, p 18-24) xvii “What We Know and Don’t Know About Improving Low-Performing Schools” by Daniel Duke in Phi Delta Kappan, June 2006 (Vol 87, #10, p 728-734) xviii “The Salience of the Subtle Aspects of Parental Involvement and Encouraging That Involvement: Implications for School-Based Programs” by William Jeynes in Teachers College Record, March 2010 (Vol 112, #3, p 747-774) xix Allington, R (2005) The Other Five ‘Pillars’ of Effective Reading Instruction, Reading Today, 22:3 xx Transforming Urban Schools (2007), BayCES 2001-2007 Impact Report xxi “Embracing ‘Response to Intervention’” by Christina Samuels in Education Week, Jan 23, 2008 (Vol 27, #20, p 22-24) xxii Learner Outcomes for English Language Learner Low Readers in an Early Intervention” by Patricia Kelly, FranciscoXavier Gomez-Bellengé, Jing Chen, and Melissa Schulz in TESOL Quarterly, June 2008 (Vol 42, #2, p 235-260) xxiii “Alternatives to Social Promotion or Retention” by Kay Woelfel, Principal Magazine, November/December 2003 (Vol 83, #2, p 50-52) ... authorized lead petitioner, I, Jean Driscoll, hereby certify, under penalty of perjury that the information submitted in this petition for Vincent Academy (the “School”), a California public charter. .. _ Vincent Academy Charter Petition Page 42 of 99 Interim and Initial Placements of New Charter School Students For students who enroll in Vincent Academy from another school... success with the population Vincent Academy aims to serve _ Vincent Academy Charter Petition Page of 99 FOUNDING TEAM The California State Board of Education,