A Charter School Petition for Renewal


Submitted to Rocklin Unified School District Board of Trustees


By


The Rocklin Academy

Submitted September 13, 2004
As amended December 2, 2004

Renewed for a term of five (5) years to June 7, 2010 on December 15, 2004


ROCKLIN ACADEMY
TABLE OF CONTENTS

SECTION------------------------------------------------------------------------------------------------------------------ PAGE

Introduction................................................................................................................... 3

Elements

1. A Description of the Educational Program....................................................................3
2. Measurable Pupil Outcomes......................................................................................12
3. Method of Measuring Pupil Outcomes........................................................................13
4. Governance Structure...............................................................................................14
5. Staff Qualifications...................................................................................................16
6. Health and Safety of Pupils and Staff.........................................................................17
7. Racial and Ethnic Balance.......................................................................................18
8. Admission of Pupils................................................................................................18
9. Financial and Program Audits..................................................................................19
10. Suspension/Expulsion of Pupils.............................................................................21
11. Retirement Systems for Staff.................................................................................21
12. School Attendance Alternatives.............................................................................22
13. Employee Rights.................................................................................................22
14. Dispute Resolution Process.................................................................................22
15. Exclusive School Employer................................................................................. 24
16. Dissolving the Charter School.............................................................................. 24
17. Serving Special Needs Students.......................................................................... 25
18. Additional Conditions.......................................................................................... 26

Appendixes

Appendix A Educational Programs Reviewed
Appendix B Table of Contents, Core Knowledge Sequence
Appendix C Table of Contents, Core Knowledge Grade Level Books
Appendix D Table of Contents, Books to Build On
Appendix E Examples of Junior Great Books Literature selections
Appendix F Rocklin Academy Instructional Methods (Excerpt from Strategic Plan)
Appendix G Rocklin Academy Annual Reports, 2001-02 and 2002-03
Appendix H Research on Looping
Appendix I Professional Development and Training
Appendix J Parental Support Hours Worked 2003-04
Appendix K STAR and API Results for Rocklin Academy 2003-04
Appendix L Behavioral Expectations and Contract, Mandatory Expulsion Policy
Appendix M 2004-05 budget information
Appendix N 2003-04 Rocklin Academy Audit
Appendix O 2004-04 MOU between Rocklin Academy and RUSD


INTRODUCTION

The Academy is petitioning to renew it petition pursuant to Education Code Section §47605 to June 7, 2010. The Academy is requesting the continued sponsorship of the Rocklin Unified School District (RUSD).

The Academy will begin as a K-8 program, with the ability to add grades 9-12 in the future. If the Academy intends to serve grades 9 - 12 it will submit information regarding its proposed educational program for these grades to the Rocklin Unified School District. The proposed addition will be considered a material change pursuant to Education Code Sections §47607 (2) and §47605 (b). The Academy will offer a classroom-based, quality education that challenges and motivates each child to discover, strive for, and achieve her/his full personal potential. We believe that all children deserve a challenging and comprehensive curriculum directed toward achieving world-class standards. We further believe that family involvement and commitment are essential to each child achieving his maximum potential. The Academy will offer a strong curriculum, outstanding teaching, ongoing assessment of progress and development of student potential, and will require a commitment to high standards and to a full partnership between families, learners and the educational institution.

1. DESCRIPTION OF THE EDUCATIONAL PROGRAM

The primary goal of the Academy will be to work in partnership with families to assist students in becoming self-motivated, competent and lifelong learners. The Academy places a high value on education and learning. The Academy seeks to serve families that place that same high value on education and learning, families who want to participate as full partners in the education of their children and are seeking a rigorous and flexible educational program.

Our task to prepare students to be an "educated person" in the 21st century will require at least the following:

· An understanding of one's own strengths, talents, and skills, as well as appreciation for those of others.
· The inclination, desire, academic and technological skills necessary to expand one's own abilities and knowledge base through life-long learning.
· A realistic self-confidence.
· An understanding of the principles and foundations of the American democratic form of government, California and United States Constitutions, and the spirit of the   Declaration of Independence.
· The ability to harness knowledge to work cooperatively and independently to solve unexpected problems, think creatively and critically, and persuasively convey ideas.
· Full understanding and utilization of new technologies to advance learning and function effectively in the 21st century.
· The ability to see the interconnecting webs of diverse cultures.
· An understanding of our place in a global economy.

The mission of the Rocklin Academy is to educate Rocklin/south Placer area students by providing a rigorous, broad-based academic program reflecting world-class standards. The Academy offers outstanding teaching while working in full partnership with families and learners to develop each student's full potential. The Academy believes that learning best occurs when students are provided an educational program that challenges and motivates everyone to achieve their full potential.

The Academy's initial grade level offering will be limited to grades kindergarten through eight. The curriculum will be the Core Knowledge Sequence, published by The Core Knowledge Foundation, Junior Great Books, and Saxon Math. A copy of materials relating to each of these programs is available upon request. Participation in academic competitions and foreign language instruction in Spanish will supplement this curriculum. Lesson plans, grade level expectations/requirements and scope and sequence will be developed to meet or exceed the contents of the California State Framework and Curriculum Standards, RUSD standards, and the Stanford 9 Achievement Test, or any state-wide assessment adopted for future use.

Core Knowledge--The Foundation of our Curriculum

As stated by the Core Knowledge Foundation, the Core Knowledge Sequence is a detailed outline of specific content to be taught in language arts, history, geography, mathematics, science, and the fine arts. As the core of a school's curriculum, it provides a solid, coherent foundation of learning; it is also flexible to meet local needs.

The Core Knowledge Sequence is the result of research into the content and structure of the highest performing elementary school systems around the world, as well as extensive consensus building among diverse groups and interests, including parents, teachers, scientists, professional curriculum organizations, and experts from the Core Knowledge Foundation's advisory board on multicultural traditions.

Core Knowledge is also recognized as an effective whole-school model, being one of the 33 whole-school models recognized by the U.S. Education Department and the California Department of Education as high quality and determined effective through research. Additional information from the U.S. Education Department about the research effectiveness of Core Knowledge is available at www.nwrel.org/scpd/catalog/index.shtml.

The Academy, after an extensive review of 19 high-quality, research-based educational programs, adopted the Core Knowledge Sequence. The Rocklin Academy Planning Committee (the "Planning Committee") researched these programs and used a comprehensive evaluation and review process to determine which educational program to implement. A listing of the programs reviewed and a copy of the evaluation rubric are attached as Appendix A.

The Core Knowledge Sequence


The Core Knowledge Sequence is detailed in the publication, "Core Knowledge Sequence." The sequence covers content in grades K - 8 in language arts, American and world history, geography, visual arts, music, math and science. A copy of the table of contents from the publication is included with this petition as Appendix B. Samples from the publication are included here to illustrate the content of the publication.

A Sample of the Core Knowledge Sequence

(These excerpts represent only a very small and selective sampling. Please see the Core Knowledge Sequence for additional information.)

 


KINDERGARTEN: VISUAL ARTS
Painting: line and color in such works as Matisse's The Purple Robe, Picasso's Le
Gourmet, Mary Cassatt's The Bath, Henry O. Tanner's The Banjo Lesson, and Diego Rivera's Mother's Helper.
Sculpture: Statue of Liberty, mobiles of Alexander Calder, Northwest American Indian totem pole
FIRST GRADE: WORLD HISTORY
Early Civilizations: Ancient Egypt
Importance of the Nile River
Pharaohs, pyramids, and mummies
Animal gods
Hieroglyphics
SECOND GRADE: AMERICAN HISTORY
Civil Rights
Susan B. Anthony and the right to vote
Eleanor Roosevelt and civil rights and human rights
Mary McLeod Bethune and educational opportunity
Jackie Robinson and the integration of major league baseball
Rosa Parks and the bus boycott in Montgomery, Alabama
Martin Luther King, Jr. and the dream of equal rights for all
Caesar Chavez and the rights of migrant workers
THIRD GRADE: MATH
Fractions
Recognize fractions to one-tenth
Identify numerator and denominator
Write mixed numbers
Recognize equivalent fractions (for example, 1/2 = 3/6)
Compare fractions with like denominators using the signs <, >, and =
Geometry
Identify lines as horizontal, vertical, perpendicular, parallel
Identify polygons: pentagon, hexagon, and octagon
Identify angles: right angle; four right angles in a square or rectangle
Compute area in square inches and square centimeters
FOURTH GRADE: SCIENCE
Electricity
Electricity as the flow of electrons
Static electricity
Electric current
Electric circuits: closed, open, and short circuits
Simple circuit (battery, wire, bulb, filament, switch)
Conductors and insulators
How electromagnets work
Using electricity safely
FIFTH GRADE: AMERICAN HISTORY AND GEOGRAPHY
Westward Exploration and Expansion
Daniel Boone: Cumberland Gap and Wilderness Trail
The Louisiana Purchase: Lewis and Clark, Sacagawea
Land routes: Santa Fe Trail and Oregon Trail
American Indian resistance: Tecumseh attempts to unite tribes to defend their land
"Manifest Destiny" and conflict with Mexico
SIXTH GRADE: LANGUAGE ARTS
Fiction and Drama
Dr. Jekyll and Mr. Hyde
The Iliad and The Odyssey
Julius Caesar
The Secret Garden
Writing and Research
Write a research essay, with attention to
* asking open-ended questions
* gathering relevant data through library and field research
* summarizing, paraphrasing, and quoting accurately when taking notes
* defining a thesis
* organizing with an outline
* integrating quotations from sources
* acknowledging sources and avoiding plagiarism
* preparing a bibliography


Additional Resources: The Core Knowledge Series and Books to Build On

In addition to the detailed curriculum outline, Core Knowledge has a series of seven books called The Core Knowledge Series: What Your Kindergartener (through Sixth Grader) Needs to Know. Each of these books provides detailed information covering each year's curriculum. These are written for use by teachers, parents and students. A copy of the table of contents from each book in the series is attached as Appendix C.

The other key resource is Books to Build On: A Grade-by-Grade Resource Guide for Parents and Teachers. This book is an annotated resource guide that gives recommendations of books and other learning materials for each grade level tied to the Core Knowledge Sequence. Sample pages from the resource guide are included here to illustrate their content. A copy of the table of contents from the resource guide is attached as Appendix D.

Additional information regarding Core Knowledge including extensive teacher resources such as lesson plans is included as available on the Internet at www.coreknowledge.org.

Saxon Math

The Saxon math curriculum will be used for algebra instruction. The instructional approach embodied in the Saxon curriculum is consistent with that used by Core Knowledge. It uses incremental development (whereby information is taught in small and easily learned pieces), there is a continual review of the concepts learned, and there is frequent and cumulative testing that allows students to demonstrate they have mastered the skills.

The Saxon math approach is used throughout the United States. Recently, it has been adopted by the Sacramento City School District. Extensive paper and on-line resources support it. Additional material and information about Saxon math are available on-line at www.saxonpub.com.

Junior Great Books

The Junior Great Books program will be used to engage students in high quality literature as well as to develop critical thinking skills. The Junior Great Books literature is age-appropriate and is selected to challenge readers, encourage critical examination and rigorous review, and to promote thoughtful discussion.

The program has a strong research base. The Junior Great Books program is used in over 9,000 schools in the United Stated and eight other countries. It also has been identified as a successful research-based program by the U.S. Education Department. This program has been used successfully in a number of classrooms in the Rocklin Unified School District (RUSD).

Examples of the literature used are included in Appendix E. Additional information about Junior Great Books is available on the Internet at www.greatbooks.org.

Spanish

Proficiency in more than one language is one hallmark of a well-educated person. California is one of the most diverse societies the world has ever known. However, rarely is instruction in a second language provided to students in our state before they reach high school. The Rocklin Academy will offer Spanish language instruction in every grade. The emphasis at the lower grades will be on conversational Spanish. Instruction will expand to all facets of the language and introduction to elements of various Spanish-speaking cultures in the higher grades.

California Specific Curriculum Content

The academic content embedded in the Core Knowledge Sequence, the Saxon math curriculum, and the other components of the Academy's educational program represent world class academic standards. In addition, the Academy's academic content will be supplemented with content that is California specific. An example of this is California history as presented in the 4th grade. It may also include other content as assessed on the STAR battery of exams.

Academic Competitions


Students at the Academy will participate in a wide range of academic competitions including, but not limited to, Odyssey of the Mind, Math and Science Olympiad, and science fairs. Participation in these has significant benefits, including individual interest-driven inquiry and research, higher order thinking skills, research skills, teamwork and hands-on application of knowledge. These activities will be coordinated and directed by the students and their parents, with assistance from the staff.

CAOM (California Odyssey of the Mind and Destination Imagination: A creative problem solving team competition in which teams of five to seven students solve a long-term problem and a spontaneous problem.

Math Olympiad: An international student competition for teams of elementary and middle school students. Students learn to think beyond the basics of math.

Science Olympiad: An interscholastic competition consisting of 32 individual and team events that encourage learning in the sciences.

Science fairs: Participation in school level and the Sacramento regional science fair.

Commitment to Democratic Principles and Core Values


The Academy believes that there are universally important ethical virtues such as respect, responsibility, trustworthiness, fairness, caring, courage, self-control, and diligence. The Academy also believes in a democratic society. The Academy's operation and educational program will reflect these beliefs. The Academy will draw upon resources such as those provided by the Center for Civic Education.

Other Resources


The Academy will use other curriculum material as needed to support any specialized needs of the children, consistent with the mission of the Rocklin Academy.

Instructional Methods

The Academy will employ a variety of instructional methods and approaches that are research based and are congruent with the core values of The Rocklin Academy. Teachers will use a variety of instructional methods to most effectively assist students in mastering the curriculum. These will include teacher lecture, cooperative learning, and individual instruction. These methods have proven ability to be effective with a wide range of students, including those who are currently performing below grade level, are English language learners or are students with special needs. Please see Appendix F and G (Rocklin Academy Annual Reports for 2001-02 and 2002-03) for more information.

Curriculum Differentiation

Curriculum differentiation has been shown to significantly improve quality and quantity of learning for all students. All curriculum will be differentiated as needed by individual students. This teaching methodology will include acceleration, depth, complexity, and novelty.

These student outcomes are broken into detailed listings of specific skills required in each of the above areas at different grade and skill levels as part of the Core Knowledge and Saxon math curricula. Specific grade and skill-level standards will incorporate the California state content standards as well.

The summary of academic achievement is included in the Rocklin Academy annual reports, which are included as Appendix G. STAR and API results for 2004 are included in Appendix K.

In order to best serve our students and community, the Rocklin Academy will continue to examine and refine its list of student outcomes over time to reflect the school's mission and changes to state or local standards that support our mission.

Outcomes shall be specifically developed on an individual basis for Students with exceptional needs and English Learners. The individualized education plans for students with exceptional needs and English learners will reflect appropriate core academic skills, life-long learning skills, and social and interpersonal skills objectives developed in compliance with applicable state and federal laws.

In compliance with Section 47607 (b) of the Education Code, the Academy will meet or exceed the API requirements and related requirements.

The charter school will meet statewide standards and conduct required state mandated student assessments as required by the charter school legislation, Education Code Section §47605(c). In order to be eligible for renewal, the Academy will meet the requirements section 47607 (b) of Education Code.


3. METHOD OF MEASURING PUPIL OUTCOMES

Students attending the Academy will be assessed in each of the core academic skill areas by a range of valid and reliable methods, including, but not limited to, criterion reference tests and assessments, homework, teacher observation, student project presentations, oral reports and standardized tests. The Academy will use mandated standardized student assessments as required by the charter school legislation, Education Code Sections §47605 (c) (1). The Core Knowledge and the Saxon Math materials also include comprehensive assessment instruments and resources that will be used to assist in the evaluation of student work.

Based on the assessment of progress, the student, their family and the school may make any number of changes to address any shortcomings and/or allow the student to progress farther/faster.

Participation by Rocklin Academy students in student competitions will provide additional opportunities for students' work to be exhibited and evaluated (e.g., science fair).

No single educational approach meets the needs of all students. Students who are consistently unsuccessful in meeting the learning objectives may be exited from the school and referred back to their district of residence and/or other programs the school believes may be more successful or appropriate. Special education students will be evaluated according to the goals and objectives written into their IEPs.

The board of directors of the Academy will annually review the effectiveness of the school's academic program as part of a general review of the school. The overall review will be guided by three key questions:

1. Is the academic program a success?
2. Is the school a viable organization?
3. Is the school true to the charter?

Part of the annual review by the board of directors will be a review of student performance data disaggregated by student types, such as gender and ethnicity.


4. GOVERNANCE STRUCTURE

The Academy has constituted itself as a non-profit California public benefit corporation pursuant to California law. The Academy is governed by the Board of Directors (referred to as the "Governing Board") pursuant to its adopted bylaws as subsequently amended pursuant to the amendment process specified in the bylaws. The Academy's bylaws will permit at least one representative of the Board of Education of RUSD to serve on the Academy's Governing Board. The RUSD representative will sit on the board as an ex-officio member who facilitates communications and mutual understanding between the Academy and RUSD. Additionally, at a minimum these bylaws shall contain the following:

1. The means by which Governing Board members are to be nominated, selected, and removed from office;
2. The duration of each Governing Board's term of office;
3. The method by which Governing Board meetings will be held;
4. The means by which parents, teachers, students, and other members of the community may communicate with the Governing Board; and
5. The procedure by which bylaws may be amended.

At a minimum, the duties and responsibilities of the Governing Board shall include the following:

1. Financial and operational management of the Academy;
2. Adoption of the Academy's annual financial budget;
3. Receipt of operating funds in accordance with the terms and procedures of the Charter Schools Act;
4. Solicitation and receipt of grants and donations to the Academy;
5. Personnel policies and procedures and employee disciplinary matters;
6. Recruiting, hiring, and evaluating the Executive Director;
7. Approval of hiring recommendations made by the Executive Director;
8. Approval of contracts with outside entities or persons;
9. Financial audit oversight;
10. Relations with RUSD; and
11. All matters related to charter approval, amendment, or revocation.

The Governing Board may initiate and carry on any program, activity or may otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which charter schools are established.

The Governing Board may execute any powers delegated by law to it and shall discharge any duty imposed by law upon it and may delegate to an employee of the Academy any of those duties. The Governing Board, however, retains ultimate responsibility over the performance of those powers or duties so delegated.

The Academy will create a Parent Advisory Council ("PAC"). Members of the PAC will be parents (or guardians) of enrolled students selected by all parents (or guardians). The PAC will advise the Executive Director and participate in the development of the annual performance report.

RUSD shall not be held liable for the Academy's debts or obligations or for claims arising from the performance of acts, errors or omissions by the Academy in accordance with Education Code Section §47604(c). The Academy shall have no authority to enter into contracts for or on behalf of the RUSD. All contracts entered into by the Academy shall be the Academy's sole responsibility. RUSD shall have no authority to enter into contracts on behalf of the Academy without the Academy's approval.

Day-to-day administration of the Academy is managed by the Executive Director as outlined in the employment contract, and to the extent practical, in collaboration with teams of students, parents, teachers and administrators.

The Governing Board will address program concerns regarding the operation and improvement of the Academy. The Governing Board is the final policy-making authority for the Academy. The Governing Board approves the hiring of all personnel (including the Executive Director) and budget. They will recommend programs, policies, and schedules designed to meet the evolving educational needs of the Academy's students, parents, and teachers. Governing Board members will comply with the Academy's conflict of interest policy and the Corporations Code regarding self-dealing transactions.

The Academy will operate as a performance-based organization, as described by researchers such as Lawler, Osborne, Gaebler and Deming. The Executive Director will make day-to-day operational decisions and budgetary expenditures consistent with this organization approach. There will be appropriate participation from the charter school employees, parents and the Governing Board. The general budget will be approved by a majority of the Governing Board.

All Governing Board meetings will be open to the public and each agenda will include time for parent, student and community input. However, discussions regarding personnel, litigation, real estate negotiations, and similar topics requiring confidentiality will be held in closed session. Decisions made in closed session will be reported in open session at the conclusion of the closed session. Board meetings will be held in compliance with the bylaws and the Academy agrees to adhere to the provisions of the Ralph M. Brown Act, as it applies to a local public agency.

Rocklin Academy shall indemnify, defend and hold harmless the Rocklin Unified School District, its Board, officers, employees and agents from and against any and all actions, allegations, claims, costs, damages, fees, and judgments by third parties resulting from the actions or omissions of Rocklin Academy, its Board, officers, employees or agents, with the exception of any actions, allegations, claims, costs, damages, fees, and judgments that arise from the action or inaction of the Rocklin Unified School District, its Board, officers, employees or agents.

The Rocklin Unified School District shall indemnify, defend and hold harmless Rocklin Academy, its Board, officers, employees and agents from and against any and all actions, allegations, claims, costs, damages, fees, and judgments by third parties resulting from the actions or omissions of the Rocklin Unified School District, its Board, officers, employees or agents, with the exception of any actions, allegations, claims, costs, damages, fees, and judgments that arise from the action or inaction of the Rocklin Academy, its Board, officers, employees or agents.


5. STAFF QUALIFICATIONS

All Academy staff will be of good character, and will indicate a genuine interest in students and education. Each potential employee will furnish the Academy with a criminal record summary as described in Education Code Section §44237. The Executive Director will recommend applicants suitable for employment with the Academy. Following the interview process, final approval will rest with the Governing Board.

The Academy will retain or employ teaching staff who hold appropriate California teaching certificates, permits, or other documents issued by the Commission on Teacher Credentialing. These teachers will teach the core academic classes of mathematics, language arts, science, and history/social studies. These teachers will be responsible for overseeing the students' academic progress and for monitoring grading and matriculation decisions as specified in the school's operational policies. Documentation of teachers' teaching certificates, permits, or other documents issued by the Commission on Teacher Credentialing will be maintained in the personnel file of each teacher.

The Academy may also employ or retain non-certificated instructional staff in any case where a prospective staff member has an appropriate mix of subject matter expertise, professional experience, and the demonstrated capacity to work successfully in an instructional support capacity. Instructional staff will not assign grades or approve student work assignments without the approval of a teacher except in non-core or non-college preparatory courses and activities. All non-instructional staff will possess experience and expertise appropriate for their position within the school as outlined in the school's staffing plan and the school's adopted personnel policies.

The Executive Director will manage the Academy--his/her responsibility will be the day-to-day operation of the program as outlined in the job specification and employment contract. Qualifications for the position of Executive Director will include, but not be limited to:

· Minimum Bachelors degree;
· Commitment to the educational vision of The Rocklin Academy;
· Commitment to the charter school concept;
· Demonstrable understanding of educational philosophy, curriculum, and resources, grades K-12;
· Understanding of education law;
· Experience that demonstrates the ability to organize, motivate, delegate, and manage;
· Strong written and oral communication skills; and
· Plusses would be the following: advance degrees, teaching credential, additional public or private education or administrative experience, management experience in any field, public speaking ability.

All Academy hiring practices will comply with federal and state anti-discrimination laws.


6. HEALTH AND SAFETY OF PUPILS AND STAFF


The Academy will adopt and implement a comprehensive set of health, safety, and risk management policies. These policies will be developed in consultation with the school's insurance carriers prior to the first day of school and, at a minimum, will address the following topics:

· A requirement that all enrolling students and staff provide records documenting immunizations to the extent required for enrollment in non-charter public schools.
· Policies and procedures for response to natural disasters and emergencies, including fires and earthquakes.
· Policies relating to the prevention of contact with blood-borne pathogens.
· A policy requiring that instructional and administrative staff receive training in emergency response, including appropriate "first responder" training or its equivalent.
· Policies relating to the administration of prescription drugs and other medicines.
· A policy that the school will be housed in facilities that have received Fire Marshal approval.
· A policy that the school's facilities will meet applicable federal requirements, including the Americans with Disabilities Act.
· A policy establishing that the school functions as a drug, alcohol, and tobacco free workplace.
· A policy requiring the screening of students for vision, hearing and scoliosis.
· A requirement that each employee of the school submit to a criminal background check and furnish a criminal record summary as required by Education Code Section §44237.
· A policy requiring the examination of faculty and staff for tuberculosis.

These policies will be incorporated as appropriate into the Academy's student and staff handbooks and will be reviewed on an ongoing basis in the Academy's staff development efforts and Governing Board policies.


7. RACIAL AND ETHNIC BALANCE


The Academy will implement a student recruitment strategy that includes, but is not necessarily limited to, the following elements or strategies to ensure a racial and ethnic balance among students that is reflective of the county:

· An enrollment timeline and process that is scheduled and adopted to include a timeline that allows for a broad-based recruiting and application process.
· The development of promotional and informational material that addresses the needs of various racial and ethnic groups.
· Outreach meetings to communicate with prospective students and parents.

A summary of ethnic and racial balance is included in the Rocklin Academy Annual Reports, which are included as Appendix G.


8. ADMISSION OF PUPILS

The Academy is open to any California student. The Rocklin Academy will actively recruit a diverse student population from the District and surrounding areas who understand and value the school's mission and are committed to the school's instructional and operational philosophy. Admission of students will not be based on ethnicity, national origin, gender, disability, or county of residence of the student. Academy programs, admission policies, employment practices, and other operations will be nonsectarian.

If the number of students wishing to attend exceeds the Academy's capacity, one or more random drawings consistent with the provisions of Education Code Section §47605 (d) (2) (B) will be used to select students. Admission preference will be given to siblings of students admitted to or attending the Academy, children of employees, and students who reside in the boundaries of the RUSD.

Prospective students and their parent/guardians will be briefed regarding the Academy's instructional and operational philosophy and will be given a copy or summary of the Academy's student-related policies prior to enrollment with the Academy.


9. FINANCIAL AND PROGRAM AUDITS


The Academy is a wholly separate and independent entity from the RUSD.

The Academy will receive funding pursuant to the Education Code and applicable federal law. The Academy may receive its funding directly from the state or through any other available mechanism. Any funds due to the school that flow through the RUSD shall be forwarded to the school as soon as practical. Any funds owed by the school and deducted from RUSD apportionments shall be repaid to the RUSD before any additional funds are forwarded to the school by the RUSD. The school and district will negotiate in good faith on an annual basis to develop a memorandum of understanding that establishes the specific financial and service relationship between the two parties.

RUSD will be reimbursed up to 1% of the revenue of the Academy (in accordance with Education Code §47613(a) and (f)) to cover the actual costs of overseeing the Academy. the RUSD shall provide and/or perform the supervisorial oversight tasks and duties specified and/or necessitated by this charter and the Education Code. These supervisorial oversight services shall include, but are not necessarily limited to, the following:

· Good faith efforts to develop any needed additional agreements to clarify or implement the charter.
· Regular review, analysis, and dialogue regarding the annual performance report of the school.
· Monitoring of compliance with the terms of this charter and related agreements.
· Good faith efforts to implement the dispute resolution and related processes described in Section 14 of this charter.
· Timely and good faith review of requests to renew or amend this charter as permitted under law.

The Academy seeks to have an appropriate and mutually cooperative business relationship with the RUSD. As part of such a relationship the Academy may seek to purchase services from the RUSD. In general, the RUSD agrees to allow the Academy to separately purchase administrative or other goods or services from the RUSD. The specific terms under which any services or goods may be provided, and the cost for these services or goods, shall be contained in a separate, written agreement. Such goods or services shall be made available to the charter school at the District's actual cost of providing the services or goods, which may include a reasonable administrative fee.

The Academy will maintain appropriate records. A copy of the proposed fiscal year budget for the Academy will be submitted to the RUSD Board as information prior to the beginning of each fiscal year. Budget reports and actuals will be forwarded to the RUSD based on the deadlines established in law, the MOU between the parties, and by the Placer County Office of Education for school districts. The school will operate under generally accepted accounting principles ("GAAP"). A business operations manual has been developed/adopted and utilized for the Academy's day-to-day business functions.

The Academy's Governing Board will form an audit committee each fiscal year to oversee the preparation and completion of an annual audit of the Academy's financial affairs. The audit will verify the accuracy of the Academy's financial statements, revenue-related data collection and reporting practices, and review the Academy's internal controls. The audit will be conducted by an independent Certified Public Accountant that has experience in auditing educational institutions, in accordance with GAAP applicable to the Academy. To the extent required under applicable federal law, the audit scope will be expanded to include items and processes specified in any applicable Office of Management and Budget circulars. A copy of the auditor's findings will be forwarded to the chief financial officer of the RUSD and others as required by Education Code §47605 (m). The Academy's audit committee will review any audit exceptions or deficiencies and report to the Academy's Governing Board with recommendations on how to resolve them. The Governing Board will report to the RUSD regarding how the exceptions and deficiencies have been or will be resolved. Any disputes regarding the resolution of audit exceptions and deficiencies will be referred to the dispute resolution process contained in Section 14. Any audit exceptions resulting in reduced apportionment will be addressed immediately. Any Academy funds deducted from the RUSD apportionment shall be repaid to the RUSD before any funds are forwarded to the school

Annual Performance Report

The Rocklin Academy will compile and provide to the RUSD by December 15th of each year an annual Performance Report. This report will, at a minimum, include the following data:

· Summary data showing student progress toward the goals and outcomes specified in Section 2 from assessment instruments and techniques listed in Section 3.
· An analysis of whether student performance is meeting the goals specified in Section 2. This data will be displayed on both a school-wide basis and disaggregated by major racial and ethnic categories to the extent feasible without compromising student confidentiality.
· A copy of the school's Governing Board's self-evaluation on prior-year management performance, summary of major decisions and policies established during the year, and upcoming year goals.
· Data on the level of parent involvement in the school's governance and other aspects of the school, and summary data from an annual parent and student satisfaction survey.
· Data regarding the number of staff working at the school and their qualifications.
· An overview of the school's admissions practices during the year and data regarding the number of students enrolled, the number on waiting lists, and the number of students expelled and/or suspended.
· Analyses of the effectiveness of the school's internal and external dispute mechanisms and data on the number and resolution of disputes and complaints.
· Other information regarding the educational program and the administrative, legal, and governance operations of the school relative to compliance with the terms of the charter generally.


10. SUSPENSION/EXPULSION OF PUPILS

The Academy will develop and maintain a comprehensive set of student discipline policies. These policies will be printed and distributed to each student and parent (attached as Appendix L) and will clearly describe the Academy's expectations regarding attendance, mutual respect, substance abuse, violence, safety, and work habits. The director and his or her designee may, pursuant to the Academy's adopted policies, suspend students who fail to comply with these policies at any time. Students who habitually fail to comply with these policies and/or who present an immediate threat to health and safety may also be suspended and later expelled by the Academy's Governing Board upon recommendation of the director. The Academy will also adhere to a mandatory expulsion policy, consistent with Education Code §48915 (c). The policies will be developed to conform to applicable federal law regarding students with exceptional needs. Prior to expulsion, students will be accorded due process unless the student's conduct presents an immediate threat to the health or safety of others. The school will notify the district of any expulsions and will include suspension and expulsion data in its annual performance report.


11. RETIREMENT SYSTEMS FOR STAFF

Staff at the Academy will participate in the federal social security system and will have access to other school sponsored retirement plans according to policies developed by the Governing Board and adopted as the Academy's employee policies. The Academy retains the option for its Governing Board to elect to participate in the State Teachers Retirement System and/or Public Employees Retirement System and coordinate such participation, as appropriate, with the social security system or other reciprocal systems in the future, should it find that participation enables the school to attract and retain a higher quality staff.

12. PUBLIC SCHOOL ATTENDANCE ALTERNATIVES

Enrollment at the Academy is voluntary. Enrollment at a public school in the district of residence or inter-district transfer according to district policy is an option for students who reside within the district who do not choose to attend the Academy. Enrollment in the Academy shall not guarantee any student placement or enrollment in any program or School of the District.


13. EMPLOYEE RIGHTS

Employees of RUSD

Employees of the Academy are not employees of the RUSD and have no claim to any right or benefit from the RUSD based on their employment by the Academy.

The Academy may contract for personnel from the District. Contracted personnel will continue to be employees of the RUSD.

Academy Employees

Academy personnel, including teachers, may be "at will" employees of the Academy. The Governing Board shall develop personnel policies governing the personnel practices of the Academy.


14. DISPUTE RESOLUTION PROCESS

It is anticipated that RUSD and the Academy will maintain and enjoy a mutually beneficial and cooperative relationship.

The Academy Governing Board will adopt policies and processes consistent with this charter for airing and resolving internal and external disputes.

Internal Dispute Resolution

The Academy Governing Board shall create an internal dispute resolution procedure that shall be binding on students, parents, volunteers, Academy personnel and Governing Board members. All members of the school community will be provided with a copy of the Academy's internal dispute resolution procedure and will agree to work within it. The Governing Board shall have authority to make final determinations regarding all internal disputes.

RUSD agrees to refer all complaints regarding the Academy's operations to the Academy's Executive Director for resolution in accordance with the Academy's adopted policies. In the event that the Academy's adopted policies and processes fail to resolve the dispute, the Board of Education of RUSD agrees not to intervene in the dispute without the consent of the Academy's Governing Board unless the matter directly relates to one of the reasons specified in law for which a charter may be revoked.

Disputes Between the Academy and the District

In the event of any dispute arising between the Academy and the District regarding the misinterpretation, misapplication or violation of the charter, representatives (or designees) of RUSD and the Academy shall meet and confer with the objective of resolving such disputes within fifteen (15) working days of the written request of either party. If within seven (7) days after the parties have met and conferred, or such longer period as may be agreed upon by the parties, the dispute cannot be resolved by the parties to their mutual satisfaction, RUSD and the Academy shall then convene a committee composed of two members of the Board of Education for RUSD, two members of the Academy's Governing Board along with one staff member from both RUSD and the Academy. The committee shall meet within thirty (30) days, or such longer period as may be agreed upon by the parties, to resolve the dispute to the mutual satisfaction of the parties.

If the committee convened pursuant to the preceding paragraph is unable to resolve any dispute between the parties within fourteen (14) days, or such longer period as may be agreed upon by the parties, such disputes shall be submitted to arbitration. The parties shall select a mutually acceptable arbitrator. If no agreement on the arbitrator is reached within five (5) days, then the parties shall request the state mediation/conciliation services to provide a list of seven (7) arbitrators from which the parties shall strike names alternatively until only one (1) name remains, which person shall be the arbitrator.

The arbitrator shall render a non-binding, advisory decision that will be in writing and will set forth findings of fact, reasoning and conclusions on the issues submitted. All costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence expenses, and the cost for any hearing shall be borne equally by the parties.

Ground for and Process for the Revocation of the Charter

RUSD may inspect or observe any part of the Academy at any time, but shall provide reasonable notice to the Executive Director prior to any observation or inspection. RUSD will provide written notification within five days to the Governing Board of the Academy Inspection if observation, monitoring, and oversight activities are assigned or subcontracted to a third party by RUSD.

Education Code Section §47607(c) states that a charter may be revoked by the authority that granted the charter if the authority finds that the charter school did any of the following:

1. Committed a material violation of any of the conditions, standards, or procedures set forth in the charter.
2. Failed to meet or pursue any of the pupil outcomes identified in the charter.
3. Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.
4. Violated any provision of law.

RUSD shall notify the Academy of any violation of this section and give the Academy a reasonable opportunity to cure the violation as required by Education Code Section §47607 (Consistent with the requirements of Education Code Section §47607(d), if the Governing Board of RUSD believes it has cause to revoke this charter, RUSD agrees to notify in writing the Governing Board of the Academy and to grant the Academy reasonable time to respond to the notice and take corrective action to avoid revocation of the charter unless RUSD determines in writing pursuant to Education Code Section §47607(d), that the violation constitutes a clear and imminent threat to the health or safety of the pupils.

15. EXCLUSIVE SCHOOL EMPLOYER

The Academy shall be deemed the exclusive public school employer of the employees of the charter school for the purposes of the Educational Employment Relations Act.


16. DISSOLVING THE CHARTER SCHOOL

The following procedures shall apply in the event the Academy closes. The following procedures apply regardless of the reason for closure.

Closure of the Academy will be documented by official action of the Governing Board of the Academy. The action will identify the reason for closure. The District and the Academy shall utilize its best efforts to avoid a mid-year closure of the Academy.

The Academy Governing Board will promptly notify the District of the closure and of the effective date of the closure.

The Academy Governing Board will ensure timely notification to the parents and students of the Academy of the closure and to provide information to assist parents and students in locating suitable alternative programs. This notice will be provided promptly following the Governing Board's decision to close the Academy.

As applicable, the Academy will provide parents, students and/or the District with 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.

As soon as reasonably practical, the Academy will prepare final financial records as required by the Education Code and this charter. The nonprofit corporation will also have an independent audit completed as soon as reasonably practical, which should occur no more than six months after closure, and will include an accounting of all the Academy assets, including cash and accounts receivable and an inventory of property, equipment and supplies as well as an accounting of the Academy's liabilities. The Academy will pay for the final audit. The audit will be prepared by a qualified Certified Public Accountant selected by the Governing Board of the Academy and will be provided to the District promptly upon its completion.

On closure of the Academy, all liabilities and assets of the Academy, including but not limited to all leaseholds, personal property, intellectual property and all ADA apportionments and other revenues generated by students attending the Academy, remain the sole property of nonprofit corporation that is operating the Academy. The nonprofit corporation shall develop a plan for the repayment of any liabilities and the disbursement of the assets of the Academy. Net assets shall be distributed in accordance with the Articles of Incorporation upon the dissolution of the nonprofit public benefit corporation. Upon closure of the Academy, the nonprofit public benefit corporation shall remain solely responsible for all assets and liabilities arising from the operation of the Academy.

The nonprofit public benefit corporation will follow the procedures set forth in the California Corporations Code for the dissolution of a nonprofit public benefit corporation and file all necessary filings with the appropriate state and federal agencies.


17. SERVING SPECIAL NEEDS STUDENTS

The Academy pledges to work in cooperation with the Rocklin Unified School District, other local education agencies (LEAs) and special education local plan areas (SELPAs) to ensure that a free and appropriate education is provided to all students with exceptional needs enrolled in the Academy in accordance with the Individuals with Disabilities in Education Act (IDEA). Consistent with the IDEA and Education Code §47641 (b), the Academy is a public school of the District for special education purposes and shall remain a public school of the District unless it has met the requirements to be a local educational agency, pursuant to Education Code §47641 (a).

While the Academy remains a school of the RUSD for special education purposes, the Academy and the RUSD shall annually, and in good faith, negotiate and enter into a written agreement to clearly specify the desired mix of special education funding and services to be provided (See Appendix O). The school shall enjoy reasonable flexibility to decide whether to receive services, funding, or some combination of both pursuant to Education Code Section §47646(b). The Academy and RUSD shall work in good faith to document the specific terms of this relationship in an annual contract or memorandum of understanding (See Appendix O).

The Academy shall have the legal authority to pursue independent local education agency (LEA) status pursuant to Education Code Section §47641(a), and/or special education local plan area (SELPA) status.

18. ADDITIONAL CONDITIONS

Proposition 39:

In compliance with Education Code §47605 (a) (1) and (g), Rocklin Academy will keep RUSD informed of all changes to the number and location of facilities where it operates. For purposes of space provided by the RUSD under Proposition 39, the offering of the facilities by RUSD and acceptance of the facilities by the Academy will meet the requirement for making a material change to the charter.

Affirmations:

· The Academy will be non-sectarian in its programs, admission policies, employment practices, and all other operations and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender or disability.

· The Academy will not charge tuition.

· The Academy will adhere to all applicable state and federal laws.

· In accordance with Education Code Section §47604 (c) as RUSD has granted a charter to the Academy as charter school operated as a nonprofit public benefit corporation, RUSD shall not be held liable for the Academy's debts or obligations of for claims arising from the performance of acts, errors, or omissions by the charter school, if the District has complied with its oversight requirements under the law.

· The Academy will offer, at a minimum, the same number of minutes of instruction as required by Education Code Section §47201(a) (3).
· The Academy will maintain written contemporaneous records that document student attendance.

The Academy will meet all statewide standards and conduct the student assessments required, pursuant to Education Code §60605, and any other statewide standards authorized in statute, or student assessments applicable to students in non-charter public schools.

· The Academy shall comply with all laws related to the minimum and maximum age of enrollment.

· The Charter School shall, on a regular basis, consult with their parents and teachers regarding the school's educational programs.

Term of the Charter

The term of the charter shall be five years as required by Education Code Section §47607

Renewal of Charter

The term of this charter will be for a period of five years commencing on the date a charter number is issued by the state. The Academy and RUSD agree to work together to accomplish all tasks necessary to fully implement this charter, including, but not limited to, the submission of any necessary and duly prepared waiver requests to the State Board of Education.

RUSD agrees to receive and review the annual fiscal audit and performance report as specified in Section 9. Within two months of the receipt of these annual reports, RUSD will notify in writing the Governing Board of the Academy if it does not considers the school to be making satisfactory progress relative to the goals specified in this charter. This notification will include a specific listing and description of any areas of concern.

The Rocklin Academy may request from the RUSD a renewal, material revision or amendment of the charter at any time prior to expiration. A renewal request should be presented by the Rocklin Academy no later than 120 days prior to the expiration of the charter. The RUSD agrees to hear and render a decision regarding a renewal, material revision or amendment to the charter pursuant to the criteria and standards as specified in the Charter Schools Act, Education Code Section §47605.

Insurance

The charter school shall maintain adequate property and liability insurance, naming the RUSD, its officers, employees, volunteers, and agents, as additional insured. Types and amounts are agreed upon in an operational agreement between the District and the Academy. Consistent with Education Code Section §47604 (c) RUSD shall not be held liable for the Academy's debts or obligations or for claims arising from the performance of the acts, errors or omissions by the charter school. Proof of insurance shall be provided to RUSD prior to the opening of school and thereafter each July 1st.

No Child Left Behind

The Academy will comply with the requirements of the No Child Left Behind Act, to the degree they are applicable to charter schools.

Severability

If any provision or any part of this agreement is for any reason held to be invalid and/or unenforceable, or contrary to public policy, law, or statute and/or ordinance, the remainder of this agreement shall not be affected thereby and shall remain valid and fully enforceable.

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