Are Charter Schools Getting Passing Grades?

Recommendations 2

• R3
  Local school districts provide adequate oversight of charter schools even though State law does not allow for full reimbursement for such oversight.
• R93-94
  94-95 95-96 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 Academic Year 4 As listed in the report “California’s Charter Schools: Measuring Their Performance, May, 2006.” To be counted as open in a certain year, a school must operate at least from November 1 through the end of February. Within Orange County, the six charter schools that replied to the survey question have substantially increased enrollment. The following table shows the information that the Grand Jury received: 5 Initial Charter School Name Started 2006 Enrollment Enrollment Capistrano Connections Academy Charter 2004 100 700 Cole (Edward B.) Academy 2003 89 306 Gates (Ralph A.) Academy 2003 806 855 Opportunities for Learning School 2002 0 94* El Rancho Charter Middle School 2001 1,012 1,164 El Sol Santa Ana Science and Arts Charter 2001 120 386 * Has been as high as 200 students. The enrollment fluctuates through a “drop out recovery program” for enrollment. Since more parents are sending their children to charter schools, this may be an indicator that charter school programs are benefiting students, although it may also be a factor of convenience of location. The Academic Performance Index (API) is the cornerstone of California’s Public Schools Accountability Act (PSAA). The purpose of the API is to measure the academic performance and growth of schools and is the composite of student test scores and graduation rates (for high school). It is a numeric index (or scale) that ranges from a low of 200 to a high of 1,000 and includes a statewide performance target of 800 for all schools. A school’s growth is measured by its progress towards this target goal – schools with an API below 800 are expected to improve by 5% of the distance between its current API and 800.6 API scores used in this study are from 2006-2007. The following table shows the scores for the 11 charter schools and the four school districts in which they are located. Generated from Charter School responses to the Grand Jury questionnaire 6 13th Annual Report on the Conditions of Children in O.C., 2007 5 OC Schools 2007 Academic Performance Index (API) Report, State Department of Education 7 School District Charter Schools 2006 2007 Same School Vs. District Base Score 2007 vs. 2006 2007 Average Capistrano Unified Elementary Schools 836 835 Capistrano Connections Academy Charter 722 725 Higher Lower Capistrano Unified Small Schools 660 714 Journey Elementary 774 786 Higher Higher Opportunities for Learning 660 628 Lower Lower School Orange Unified Middle Schools 721 732 El Rancho Charter 863 862 Lower Higher Middle School Santiago Middle School 776 769 Lower Higher Saddleback Valley Unified Elementary Schools 856 860 Gates (Ralph A.) Academy 751 773 Higher Lower Santa Ana Unified Elementary Schools 673 697 Cole (Edward B.) Academy 644 674 Higher Lower El Sol Santa Ana Science and Arts Charter 684 756 Higher Higher Orange County Educational Arts Academy 693 648 Lower Lower Santa Ana Unified High 673 671 Schools Orange County High School of the Arts 868 856 Lower Higher Santa Ana Unified Small ** 539 Schools Nova Academy ** 539 * *No data from partial year. From 2006 to 2007, five charter schools had improved API scores while five declined – although El Rancho Middle School score fell by one point. Over that time, the average API score for all charter schools has remained virtually unchanged, while their school district’s average API score increased slightly (approx 1.13%). Though charter schools represent less than 10% of their districts’ enrollment (and approximately 1.2% of the county’s enrollment), their average API score is nearly 4.5% higher than their districts’ average, indicating that some charter schools are doing a good job in meeting their academic goals. State Dept. of Education Policy & Evaluation Division, 2006-2007Academic Performance Index Report, October 2007. Charter School Costs Under Title 5, California Code of Regulations, charter school petitioners are eligible for grants to assist them in preparing the charter school application and also for establishing the new school. The 2007-2008 Grand Jury wanted to learn how charter schools are funded after they have been approved. Charter schools, like all schools and school districts, are constrained by the costs of educating students. The day-to-day education expenses for charter and traditional schools are funded by the State on a per pupil fund (PPF) basis. The current Orange County PPF is an average of $5,787 per year. The amount varies depending on grade level and other factors. If a charter school is established, the PPF payment moves from the pupil’s former school to the charter school. So, as charter school enrollment climbs, traditional school income from PPF is reduced. School districts are mandated to monitor charter schools within their jurisdictions. Some districts assert that the costs for monitoring duties exceed the 1% reimbursement8 amount they receive from the State.9 The districts state that it is costly to hire oversight personnel. However, the charter schools should not be faulted because State law does not allow full reimbursement. Even if charter schools are a drain on finances, legally the school districts are still required to provide adequate oversight. Some charter school budget shortfalls can be offset by other means such as grants. As with traditional schools, charter schools can use donations, fundraisers and grants to supplement their budgets. Flexibility Due to the unique rules governing charter schools, they have an advantage over traditional schools. Charter schools may draw students from any district in the county. Another advantage that charter schools have is their freedom to develop a distinctive syllabus above and beyond the state- mandated courses. Some Orange County charter schools have a curriculum emphasizing the arts, sciences and languages, dance, music and theatre. The schools emphasizing the arts often attract more students than they can accommodate and hold “auditions” in order for students to qualify in their special field of study. Popular charter schools may hold a lottery for admission when applications exceed capacity. The flexibility offered by charter schools makes them more attractive to some students and parents. For instance, charter schools can provide a special format for at-risk students so that they can pursue their education at their own pace. Rather than dropping out of school, at-risk low achievers and dual language students may have a better opportunity to graduate. One unique charter school utilizes a virtual classroom that allows students to work at home 60% of the time, an important convenience for working students. Despite the uniqueness of charter schools, all of their teachers are required to be credentialed by the State, just as teachers are for traditional schools. As in traditional schools, teachers may have a provisional credential but must acquire a full credential within a specified timeframe. Teacher salary structures in charter schools allow flexibility in such areas as merit-based increases and performance bonuses. This reimbursement is 3% for charter schools using existing facilities 9 State Government Code 47613 7 Attaining Charter School Status The small number of charter schools in Orange County, and the fact that no new schools have been opened in the last three years, may be reflective of the difficulty in the application process. The application is complex and the school districts can deny an application if any one of the required elements is not met. To establish a new charter school, the applicants must submit a detailed petition to the authorizing district. The petition requires the applicant obtain parent signatures equal to at least half of the estimated enrollment, or the signatures of at least half of the teachers whom the applicant estimates will be employed during its first year. According to Education Code 47605.6, the petition requesting a charter school must contain: A description of the educational program of the school designed, among other things to identify those pupils whom the school is attempting to educate; what it means to be an “educated person” in the 21st century; and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. The petition must also contain reasonably comprehensive descriptions of all the following:10 • Measurable pupil outcomes identified for use by the charter school; pupil outcomes means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge and attitude specified as goals in the school’s educational program • Method by which pupil progress in meeting those pupil outcomes is to be measured • Governance structure of the school, including the process to be followed by the school to ensure parental involvement • Qualifications to be met by individuals to be employed by the school • Procedures that the school will follow to ensure the health and safety of pupils and staff, which shall include the requirement that each employee of the school furnish the school with a criminal record summary as described in Section 44237 • Means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted • Manner in which annual, independent, financial audits shall be conducted, in accordance with regulations established by the State Board of Education and the manner in which audit exceptions and deficiencies shall be resolved • Procedures by which pupils can be suspended or expelled 10 Education Code 47605.6 8 • Manner in which staff members of the charter schools will be covered by the State Teachers’ Retirement System and the Public Employees’ Retirement System or Federal Social Security • Procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter • Declaration whether or not the charter school shall be deemed the exclusive public school employer of the charter school employees for the purposes of the Educational Employment Relations Act. • Admission requirements of the charter school, if applicable • Public school attendance alternatives for pupils residing within the county who choose not to attend the charter school • Description of the rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school • Procedures to be used if the charter school closes, ensuring conduct of a final audit of the school to determine the disposition of all assets and liabilities of the charter school of receiving the petition, the chartering authority must hold a public hearing on the request. of receiving the petition, the chartering authority must grant or deny it. The school district must grant the petition if it is satisfied that the charter is “consistent with sound educational practice.” If the petition is accepted, the sponsors and authorizing school district then formulate the steps to open the charter school. This usually occurs in the next school year, unless a vacant facility is currently available. If the district denies the request, it must prepare a detailed rejection letter indicating the requirement(s) that the charter petition did not address. The charter applicant may appeal the decision to the Orange County Superintendent of Schools who must provide a completely new assessment in writing. It may not reference the local school district’s reason for denial and it must hold a public hearing. If denied by the Orange County Superintendent of Schools, the applicant may appeal to the State Department of Education. School districts should be aware of the state-mandated requirement to encourage the establishment of charter schools, as stated in the Educational Code: “The chartering authority shall be guided by the intent of the legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged.”11 11 Education Code 47605 9 CONCLUSION Charter schools give Orange County parents more educational choices by offering alternatives as to which school their children may attend. In fact, providing educational choices is one of the goals of California’s 1992 enabling legislation that created charter schools. Charter schools have a positive impact on education by providing other choices in the curriculum, such as a focus on the arts or other specialties. Charter schools also provide academic choices for low-achieving and at-risk students. It is clear that Orange County charter schools are fulfilling the legislative intent to increase learning opportunities. Charter schools encourage the use of different and innovative teaching methods and provide expanded choices in the educational curriculum. As indicated earlier, charter schools place a financial burden upon school districts. District reimbursement moves with the student attending a charter school and the school oversight costs in some districts exceed the 1% reimbursement. Nevertheless, charter schools play an important role in alternative education and the demand for charter schools continues to grow. The Grand Jury concluded that charter schools receive a passing grade because of the benefits they offer in expanded educational choices. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, each finding will be responded to by the government entity to which it is addressed. The responses are to be submitted to the Presiding Judge of the Superior Court. The 2007-2008 Orange County Grand Jury has arrived at the following findings: F - 1 Orange County charter schools meet the intent of the Education Code 47600-47664 by providing parents and pupils a choice in educational opportunities, emphasizing specific learning experiences, and aiding at-risk or academically low-achieving students. F - 2 The number of charter schools in Orange County is not growing commensurate with the overall growth of charter schools in California. F - 3 The Orange County school districts’ oversight costs, in some districts, exceed the authorized 1% reimbursement. REQUIRED RESPONSES Responses to findings F-1, F-2, and F-3 are required from the Orange County Superintendent of Schools and the Superintendents of the local Orange County school districts. RECOMMENDATIONS In accordance with California Penal Code sections 933 and 933.05, each recommendation will be responded to by the government entity to which it is addressed. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on the findings of this report, the 2007-2008 Orange County Grand Jury makes the following recommendations that: R - 1 Orange County school districts and Orange County Superintendent of Schools continue to offer expanded choices for educational opportunities, as required in the State Education Code, by utilizing charter schools as an option to provide additional choices, especially for at-risk and academically low-achieving students. R - 2 The chartering authorities should follow the intent of the legislature by encouraging the establishment of charter schools by granting more charter school petitions provided they meet the State requirements. R – 3 Local school districts provide adequate oversight of charter schools even though State law does not allow for full reimbursement for such oversight. REQUIRED RESPONSES Responses to recommendations R-1, R-2, and R-3 are required from the Orange County Superintendent of Schools and the Superintendents of the local Orange County school districts. The California Penal Code specifies the required permissible responses to the findings and recommendations contained in this report. The specific sections are quoted below: §933.05(a) for purposes of subdivision (b) of Section 933, as to each grand jury finding, the