From: Dave Cortright
To: Charles Weis
Cc: Lucretia Peebles; Cary Dritz
Sent: Friday, April 6, 2012 1:58 PM
Subject: Re: What is your definition of "academically low achieving pupil" as used in CA Ed. Code 47601(b)?
Thank you for your response, Charles. I was mentally crafting my letter about how the lack of feedback our community has been given on this issue has denied us all a chance to learn your position and have a dialog so that we may come to a shared understanding. The silence of the board on many of my questions and assertions has been disappointing to say the least.
So it sounds like you are saying—despite the use of the word "all" in the first paragraph of 47601—you do not believe that each individual charter school must accomplish all of the points a-g listed below. That is unfortunate, as it allows boutique charters to exist who don't have to actually raise the academic standard of the pupils in the district, but merely offer "choice" for the sake of choice.
I think one of my fellow citizens—Joe Seither—said it very well in a post to our community Facebook group:
Despite the CA Charter School Act of 1992's clear emphasis on measurable improvements for low-performing districts, the SCCOE tells me charter applicants are not required to demonstrate how their students have been underserved by their current schools. In the absence of any needs assessment, I could, quite literally, convert an API decile 10 school to a charter, achieve an API decile 4 rank and call my charter a success. And get my charter renewed in perpetuity.
In the five years before the Bullis Charter School commenced operations, Bullis-Purissima API scores were near the top among LASD schools, which are, as we all know, perennial near the top of all district scores in CA. B-P was decile ranked 10 out of 10 statewide and 10 out of 10 versus similar schools. B-P students were extremely well served, and would have been equally well served in other LASD schools after the school closure.
Ten years hence, I think it's well worth reminding all involved that there was clearly no unmet educational need justifying the BCS charter, though a lot of parent anger and desire to strike back at the district over the 'injustice' of the school closure. A chartering authority that fails to consider the actual needs of students is surely derelict in its legal and moral duties to administrate the spirit and letter of Ed Code to achieve the greatest educational outcomes for public school students. Choice purely for the sake of choice in a high performing district is no legitimate basis for a charter. All reform roads must lead back to actual, demonstrable educational needs.
Somehow, this principle has been lost—or overlooked—by SCCOE. Unmet student need and failed schools are so assumed, so foundational to the spirit of the Charter Act that the Legislature didn't spell them out in letter - though within the body of charter success criteria, there is no doubt about the intent of the legislation. We must bring student need back to the fore, to ensure that Charter law is applied for the benefit of students wherever and whenever it serves its intended purpose - and only there and then. Making incremental improvement to an already high performing system is what LASD parents do every day—from within the system.
You say that BCS "may be providing... the choice of a slightly different educational experience..." Is the bar really so low for you all in SCCOE that this is all that is required for a charter to be considered a success? Seriously?! If this is the sort of charter system that your office believes best serves the educational needs of Santa Clara County, well let me just say I strenuously disagree, and I strenuously implore you to rethink your position as I believe it is misguided.
But if my input and the input of all of the other concerned citizens are not sufficient to sway you, then I feel it is only fair to warn you that we are not going to shy away from seeking mandamus. If wielding the law (or even just the threat of a lawsuit) like a club to get their way works for BCS... well two can play at that game. Someone needs to hold your office accountable for your actions (or lack thereof). Expediency is no longer an option. I really hope you SCCOE wakes up in time and see that before things get too ugly.
Respectfully,
·Dave Cortright
From: Charles Weis
To: Dave Cortright
Cc: Lucretia Peebles ; Cary Dritz
Sent: Friday, April 6, 2012 1:19 PM
Subject: RE: What is your definition of "academically low achieving pupil" as used in CA Ed. Code 47601(b)?
Dear Mr. Cortright,
I have written to you below following each of your questions in an attempt to clarify my understanding of Charter Schools and Charter School law (my responses are in red italicized print). The responses below are my own and do not necessarily represent those of individual Santa Clara County Board of Education members or the Board in its entirety.
...
For reference, here is CA Ed. Code Section 47601 and 47601(b):
47601.
It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following:
...
(b) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving.
As I've stated before, I believe this is the single piece of charter law that BCS has been most egregiously violating, and you have been egregiously failing to enforce. But perhaps the problem lies in our different interpretations of term academically low achieving pupil. So I ask you: what definition are you using for the term academically low achieving pupil?
I do not believe that “the problem lies in our different interpretations of the term academically low achieving” as you assert. I believe that you may be misinterpreting the power, purpose and intent of language in the law. The section of Education Code 47601 that you cite above is “intent language.” To my understanding, intent language is only used to interpret the law when the language of the law is ambiguous. In my opinion, the language of the law is not ambiguous on this subject. The authors of this section of code intended to “increase learning opportunities for all pupils” and to provide “emphasis on pupils who are identified as academically low achieving.” The core of increasing learning opportunities is providing choices to parents for their children. The law does not say that all charters must focus on pupils who are academically low achieving. This preference is operationalized in the section of code (47605 (3) (h) see actual language of the law below) that requires authorizing agencies to “give preference to Charter petitions that serve academically low achieving students. As you may know, Charters are legally operating in California that serve academically and artistically gifted students as well as under-performing students.
EC 47605 (3)(h) In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032 as it read prior to July 19, 2006.
What metrics are you using to measure which students in the district are identified as academically low achieving?
I define academically low achieving as students scoring in deciles 1 though 3 on the California Standards Tests.
And how is BCS using that data to place a "special emphasis on expanded learning experiences" for them?
As I see it, BCS may be providing “expanded learning opportunities” for all students by providing the option or choice of a slightly different educational experience from that of the local school districts.