Report 2016-141 Recommendation 26 Responses

Report 2016-141: Charter Schools: Some School Districts Improperly Authorized and Inadequately Monitored Out‑of‑District Charter Schools (Release Date: October 2017)

Recommendation #26 To: Antelope Valley Union High School District

To ensure compliance with state law, Antelope Valley Union should immediately require its charter schools to submit material revisions when they add new locations.

6-Month Agency Response

District staff, in collaboration with Educational Services and the Superintendent updated and revised its Charter School Board Policy regarding material revisions to include the following language:

Material revisions to a charter may only be made with Board approval. Material revisions shall be governed by the same standards and criteria that apply to new charter petitions as set forth in Education Code 47605 and shall include, but not be limited to, a reasonably comprehensive description of any new requirement for charter school enacted into law after the charter was originally granted or last renewed. (Education Code 47607) (See Attachment-26)

If an approved charter school proposes to establish or move operations to one or more additional sites, the charter school shall request a material revision to its charter and shall notify the Board of those additional locations at an open meeting. (Education Code 47605)

The Board shall have the authority to determine whether a proposed change in charter school operations constitutes a material revision of the approved charter.(AVUHSD Board Policy, BP/E 0420.41, adopted on February 7, 2018)

Both Charters were notified of this policy revision in writing. (See Attachment-26)For all future petition submissions, including the DSCHS petition renewal in September of 2018, the following MOU language will be required as a condition of approval:

In the event that the Charter School seeks to open an additional school site or resource center, (whether to serve a classroom or non-classroom program), Non-Profit, and (whether the location is inside or outside of the district's boundaries, the charter school will submit a request for a material revision of its Charter to the District Board for approval, pursuant to Section ____ of this MOU.

For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs-jvela@avhsd.org -(661) 952-2249.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

Antelope Valley Union provided a copy of its revised board policy and a copy of the notices it sent to its charter schools.


60-Day Agency Response

AVUHSD's Board Policy-Administrative Rules and Regulations language-approved May,2007, currently requires its charter schools to submit material revisions when adding new locations within the district's boundaries. AVUHSD current Charter Board Policy states the following: "If, after receiving approval of its petition, a charter school proposes to establish operations at one or more additional sites within the district's boundaries, the charter school shall request a material revision to its charter and shall notify the Board of those additional locations. (See attachment-AVUHSD Charter Board Policy and AR's) The Board shall consider approval of the additional locations at an open meeting." For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Although the district's policies require charter schools to submit material revisions when establishing operations at one or more additional sites within the district's boundaries, it does not explicitly require a material revision when a charter school establishes a new location outside of the district's boundaries. In addition, the district did not require LA Online to submit a material revision when it became aware of the charter school's lease agreements for five resource centers in fiscal year 2015-16, as we note on page 25 of our report.


All Recommendations in 2016-141

Agency responses received are posted verbatim.