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AGENDA
BOARD OF DIRECTORS MEETING
LC8 NOW, INC.
LC8 TECH CHARTER HIGH SCHOOL
BOARD OF DIRECTORS:
MR. GARY LA FERLA, PRESIDENT
MR. DOUG HUSEN, TREASURER
MRS. HOLLIE WOODS, SECRETARY
A.1 Report from the Executive Director Executive Director Report 3-8
Dr. Joleen D. Smith will report on the RUSD Public Hearing
from presentation to RUSD Board actions.
A.2 LC8 Tech High School Charter Petition Revisions Executive Director Report 8-9
Dr. Joleen D. Smith will report on the recommendations for Discussion
LC8 Tech High School Charter petition revisions.
A.3 LC8 Tech High School Charter Petition Submission Ms. Jessica K. Markley Report 10
Ms. Jessica K. Markley will report on the two school districts Discussion
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A.4 LC8 Tech Publications, Branding, Technology Mr. Joshua L. Smith Report 11
Mr. Joshua L. Smith will report on the publications and Discussion
social networking through various media
B.1 Current Non-Profit Status for LC8 Now, Inc. Executive Director Report 11
Dr. Joleen D. Smith will report on the status of the non-profit Discussion
and Mr. Richard Hansbergerʼs, School Lawyer, recommendations
SECTION C—CONSENT
Moved________Seconded________Vote________
All items listed under the Consent Calendar are considered by the Board of Directors to routine and will be
enacted by the Board in one motion. There will be no discussion of these items prior to the time the Board votes
on the motion unless members of the Board request specific items to be removed from the Consent Calendar.
C.1
SECTION D—ACTION
D.1
SECTION E—CONCULSION
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ADJOURNMENT
_________________________________________________________________________________________
On February 22, 2011, LC8 Now, Inc. founding and support team members gathered to present our
High School Charter Petition to RUSD. LC8 Board, founding team, and support team members had
an opportunity to present our Collaborative Learning methodologies, teaching/administrative
credentials, and professional resumes needed to open a Charter High School in the Riverside
Unified School District.
Mr. Tom Hunt, RUSD Board President, made a recommendation to have an open mind and visit
CCHS pilot program that we are currently heading. I made numerous phone calls and email
communications to the RUSD Board and Gloria Crowder with an open invitation. They did not
respond.
Once the recommendation from RUSD administration was posted onto the Board Meeting Agenda, I
communicated with Richard Hansberger and the LC8 team about their Findings of Fact. Jessica and
I attended the March 21st RUSD Board of Education meeting and thanked the board, district
administration, and Gloria Crowder for their time and consideration.
RUSD FINDINGS OF FACT FOR LC8 TECH HIGH SCHOOL CHARTER PETITION
3380 14th Street Riverside, CA 92501 Board Meeting Agenda March 21, 2011
Resolution No. 2010/11-32 – Resolution of the Riverside Unified School District Board of Education
Denying the Charter Petition for the Establishment of LC8 Tech High School
Short Description: Board of Education will be asked to adopt Resolution No. 2010/11-32 – Denying
the Charter Petition for the Establishment of the LC8 Tech High School.
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Section 47605, the Board of Education held a public hearing on February 22, 2011, to consider the
level of support for the petition by teachers employed by the District, other employees of the District,
and parents. A District team conducted a review of the petition utilizing an evaluation matrix tool.
Attached is Resolution No. 2010-11-32 summarizing staff’s findings and recommendations. These
findings and recommendations were developed after careful evaluation of the contents of the petition
and comparison to the relevant California Education Code, California Code of Regulations and other
legal standards.
Staff will present a summary of the findings and make additional comments at the Board of
Education Meeting that are incorporated in the resolution.
WHEREAS, pursuant to Section 47605 of the Act, a school district governing board may approve a
petition for the operation of a charter school that operates at one or more sites within the geographical
boundaries of the school district; and
WHEREAS, a school district governing board may only approve a charter petition if the board is
satisfied that granting the charter is consistent with sound educational practice; and
WHEREAS, a school district governing board may deny a petition for the establishment of a charter
school if the board makes one or more of the findings listed in Section 47605(b), and sets forth
specific facts to support such findings; and
WHEREAS, on February 2, 2011, petitioners (“Petitioners”) for the proposed LC8 Tech High
School (“Charter School”) submitted a charter petition (“Charter Petition”) to the Riverside Unified
School District (“District”) Board of Education (“Board”) for the establishment of a new charter
school operating within the boundaries of the District; and
WHEREAS, the Charter Petition was accompanied by a “Charter School Teacher Approval
Signature Form” (“Signature Form”) that included the signatures of five teachers who have, by their
signatures, affirmed that they are meaningfully interested in teaching at the proposed Charter School;
and
WHEREAS, Petitioners also submitted a proposed budget summary (“Budget Summary”) and
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proposed monthly cash flows relating to the proposed Charter School; and
WHEREAS, pursuant to Education Code Section (“Section”) 47605(b), the Board held a duly
noticed public hearing on the provisions of the Charter Petition on February 22, 2011, at which time
the Board provided Petitioners with an opportunity to make a presentation to the Board regarding the
proposed Charter School, and answer questions posed by the Board, and at which time members of
the public had an opportunity to comment on the proposed Charter Petition; and
WHEREAS, pursuant to Section 47605(b), the Board has considered the level of support for the
Charter Petition by teachers and other employees of the District and by parents; and
WHEREAS, at its meeting of March 21, 2011, the Board further considered the terms of the Charter
Petition, and whether to grant or deny the Charter Petition, and provided members of the public an
opportunity to comment on the proposed Charter School;
Section 2. The staff report and comments presented to the Board by District staff at the meeting of
March 21, 2011 regarding the Charter Petition are hereby incorporated by reference.
Section 3. No Facility Specified. The Charter Petition fails to identify a single charter school that
will operate within the geographical boundaries of the District, as required by Section 47605(a), and
fails to identify the facilities to be utilized by the school, the specific location being proposed, and the
potential effect of such facilities on the school district, as required by Section 47605(g). (Charter
Petition, pp. 100, 120.) The failure to identify a specific location for the proposed Charter School is
not only a failure to comply with the requirements of Sections 47605 of the Act, but also makes it
impossible for District staff to determine, among other things, (1) the appropriateness and safety of
the facility for the proposed program, (2) whether funds have been appropriately budgeted for the
facility costs, and (3) whether the proposed location is consistent with law.
Section 4. Lack of Support. There is no evidence that the proposed Charter School has the support of
teachers or other employees of the District, as no employees expressed support for the proposed
Charter School at the hearing on February 22, 2011. There is also no evidence that the proposed
Charter School has the support of parents in or near the District, as no parents addressed the Board
during the public hearing on February 22, 2011 expressing their support or interest in the proposed
school. Furthermore, because teacher signatures, and not parent signatures support the Charter
Petition, the Board is unable to determine from the Signature Form whether there is sufficient parent
interest in, and support of, the proposed Charter School.
Section 6. Unsound Educational Program. The proposed Charter School presents an unsound
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Section7. The Petitioners are demonstrably unlikely to successfully implement the program set forth
in the Charter Petition, in that:
a. Petitioners have failed to demonstrate that they have any experience in the administration and
operation of K-12 public schools generally, or charter schools specifically. (Charter Petition, App. C,
pp. 136-150; Charter Petition, App H, pp. 168-174.) This lack of experience with public schools, and
in particular California public schools, creates a concern about the ability of the Petitioners to comply
with all of the laws and regulations relating to public charter schools, whether in the area of special
education, State standards-based education, open meeting and conflicts of interests laws, or other
areas specific to public schools in California.
b. Petitioners have failed to demonstrate that they have experience identifying, assessing, and
serving special education students. The Charter Petition fails to describe how Petitioners would
identify, assess and serve special education students during the first year of operation without
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complete reliance on the District, nor is there any indication that they are likely to be accepted into a
special education local plan area (“SELPA”) in subsequent years as hoped. (Charter Petition, pp. 47-
53.)
c. The proposed budget submitted with the Charter Petition is not built on realistic enrollment
assumptions given the lack of community and parent support expressed for the proposed Charter
School. In addition, the budget does not reflect the costs of facilities consistent with the needs
described in the Charter Petition. (See Charter Petition, App. I, p. 176 and Budget Summary, p. 5 of
6.)
d. The Charter Petition contains numerous errors, inconsistencies and conflicting information, and
thus fails to clearly present and describe the proposed Charter School’s operations and program.
Furthermore, the errors and inconsistencies create a concern that Petitioners lack an adequate
understanding of what is required to successfully operate a public charter school and/or are not
adequately prepared to do so. Some of the errors and inconsistencies include the following:
1. The Charter Petition states that the Charter School has budgeted $8,000 per full time employee
for health benefits (Charter Petition, p. 112), but the proposed budget states that $7,000 will be spent
annually per FTE (Charter Petition, App. I, p. 175; Budget Summary, p. 4 of 6.)
2. The Charter Petition states that the Charter School will need approximately 10,500 square feet
of facility space for the first school year (and approximately 44,000 square feet once all grade levels
are filled) (Charter Petition, p. 100), but the proposed budget is based on rental of 5,495 square feet.
(See Charter Petition, App. I, p. 176 and Budget Summary, p. 5 of 6.)
3. The Charter Petition reference at “Appendix I” a “narrative description of a typical daily
experience for an EL student” (Charter Petition, p. 44), but Appendix I is the proposed budget, and
the other appendices do not include the referenced EL information. (Charter Petition, App. I, p. 174.)
4. As an example of “Collaborative Teacher-Taught Interdisciplinary Thematic Units”
offered, the Charter Petition includes a “Political Studies” unit comprised of “Physics and Algebra II.
(Charter Petition, p. 20.)
5. The Charter Petition includes confusing information about how the Charter School will satisfy
college entrance requirements, making reference to “units” required for UC “A-G” requirements,
when it appears to mean courses. (Charter Petition, p. 36.)
6. The Charter Petition misrepresents the demographics and academic performance statistics of
schools within Riverside Unified School District (Charter Petition, p. 22), suggesting a lack of
understanding of the community it seeks to serve.
7. The Charter Petition states that the Charter School Board will be responsible for hiring
employees (Charter Petition, p. 71), but elsewhere states that the Executive Director will hire all
instructional and non-instructional staff. (Charter Petition, p. 77.)
Section 8. Description of Charter Petition Elements. The Charter Petition does not contain
reasonably comprehensive descriptions in the following areas:
a. Educational Program. The findings listed in Section 6 above (unsound educational program) are
incorporated here by reference.
b. Governance Structure. The Charter Petition states that the governing board’s Articles of
Incorporation and Bylaws are attached as Appendix E, but the Articles of Incorporation are not
included. (Charter Petition, App. E, p. 152.) The Charter Petition and Appendix E do not adequately
demonstrate an understanding of conflicts of interests and open meeting laws that apply to public
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agencies in California. For example, the Charter Petition states that the proposed Charter School
Board would comply with the provisions of the Brown Act and the Political Reform Act (Charter
Petition, p. 71.) However, the Bylaws themselves include procedures that are in violation of, or
inconsistent with, the provisions of the Ralph M. Brown Act, such as the ability to hold a meeting if
notice is waived (p. 154), and the ability to take action without a meeting (pp. 154, 157). Similarly,
the proposed Conflict of Interest Code at Appendix G fails to acknowledge or incorporate provisions
required by the Political Reform Act. (Charter Petition, App. G, p. 165.) In addition, the Charter
Petition fails to adequately describe how the governing board will ensure parental involvement in
governance. (Charter Petition, pp. 74-75.)
c. Student Discipline. The Charter Petition inadequately describes the process and authority by
which students can be expelled from the proposed Charter School. It is unclear from the Charter
Petition which person or body is responsible for conducting an administrative hearing, and which
person or body has the authority to expel. Rather, the Charter Petition reads: “A student may be
expelled either by the Executive Director or and [sic] Administrative Panel following a hearing before
it or by the Board upon the recommendation of an Administrative Panel.”(Charter Petition, p.
106.) This confusion could lead to a lack of notice and understanding about the process, and creates
the potential for due process abuses. In addition, the Charter Petition states that students with
disabilities may be entitled to additional rights with respect to the student discipline process, but does
not describe what those additional rights include, calling into question whether Petitioners are aware
of what those rights entail, and whether students with disabilities will be properly informed of those
rights. (Charter Petition, p. 111.)
Section 9. The Charter Petition includes insufficient detail, cohesiveness, and consistency in many
other areas not specified in this Resolution. Nothing contained in, or omitted by, this Resolution shall
be interpreted to be express or implied approval of any of the Charter Petition terms.
A.2 LC8 Tech High School Charter Petition Revisions Executive Director Report
Dr. Joleen D. Smithʼs report on the recommendations for LC8 Tech High School Charter petition revisions.
Action Plan:
1. The LC8 team is currently addressing some of the Findings of Fact and preparing the Charter
Petition for a future submission to another school district.
2. The LC8 Tech team has debriefed our presentation and the action to take in preparing for a
future submission to another school district.
a. Some concerned that our Public Hearing presentation could be too intimidating or
threatening to a district and suggested we tone it down to a more simplified
version...like PowerPoint or a hardcopy format for the next time we present.
i. A SIMPLIFIED VERSION IS PROBABLY BEST. HOWEVER, I THINK YOUR
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A.3 LC8 Tech High School Charter Petition Submission Ms. Jessica K. Markley Report
Ms. Jessica K. Markleyʼs report on two school districts—Public High Schools & Charter Schools Statistics—
1. Temecula, CA
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A.4 LC8 Tech Publications, Branding, Technology Mr. Joshua L. Smith Report
Mr. Joshua L. Smithʼs report on the publications and social networking through various media
1. Brochure
2. Business cards
3. Prezi Presentation Page and loaded on iPads
4. Letʼs Collaborate! KA1 Infographic
a. Future plans to complete Infographics on all 7 KAs
b. Future plans to complete the publication of the curricular tool, Letʼs Collaborate!
5. LC8 Facebook
6. LC8 Twitter
B.1 Current Non-Profit Status for LC8 Now, Inc. Executive Director Report
Dr. Joleen D. Smithʼs report on the status of the non-profit and Mr. Richard Hansbergerʼs, School Lawyer,
recommendations.
YOU CAN ACCEPT TAX DEDUCTIBLE DONATIONS NOW AS LONG AS YOU CLEARLY TELL
THE DONOR THAT YOU ARE “TAX EXEMPT PENDING.” SOME DONORS WILL REFUSE TO
DONATE TO YOU UNTIL YOU ARE TAX EXEMPT. HOWEVER, THE IRS TAKES
APPROXIMATELY 6-9 MONTHS TO ISSUE THE TAX EXEMPT DESIGNATION. MY BEST GUESS
IS THAT WEʼLL PROBABLY HAVE THE TAX EXEMPT BY JUNE OR JULY 2011.
1. Should we start a nonprofit corporation in the publishing of the book and publication of
educator tools on our website? Then, when approved to open a Charter School...open
another nonprofit for that?
a. Itʼs important to remember that being a non-profit corporation and being tax exempt
are actually two separate things (in other words, you can have a non-profit corporation
that is taxed).
b. Thus, your existing corporation (LC8 NOW, Inc.) is a fully formed non-profit
corporation under state law that requires a board of directors, so you must keep the
board in place. This corporation operates the charter school. If you do intend to
pursue the charter school, youʼll need to keep this corporation active and finish the tax
exempt filing process with the IRS. If you decide not to pursue the charter school,
then we would need to dissolve the corporation.
c. You could and should form a separate corporation to handle just the book publishing
and related business activities. You can form this corporation and begin business
activities under the new corporation immediately, but if you want to seek tax-exempt
status for this corporation then you would need to file for tax-exempt status with the
IRS for this corporation.
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