On or about on or about October 31, 2016, the petitioners delivered to the Ocean View School District (“District”) office a charter petition (“Charter”) for Sycamore Creek Community Charter Academy (“Sycamore” and/or “Charter School”) to be operated by Sycamore Community Charter Academy (“Corporation”) a 501(c)(3) nonprofit organization. The Petition sought approval for granting of a petition for establishment of a charter school, which proposed a TK-8th grade program starting with 240 students in grades TK-4th in 2017-2018 and increasing enrollment and adding grade levels every year for a total enrollment of 420 students in grades TK-8th at full capacity. The District Governing Board conducted a public hearing to consider the level of support for the Petition by teachers employed by the District, other employees of the District, and parents. During the public hearing, the lead petitioner and several other individuals spoke in support of the Petition. No District teachers or other District employees spoke in favor of the Petition. Several District teachers and employees spoke in opposition of the Petition. The District Board denied the Petition on December 13, 2016. On or about September 21, 2018, the Petitioners submitted another charter petition (“Second Petition”), again seeking approval for granting of a petition for establishment of a charter school, which proposed a TK-8th grade program. In accordance with the Charter Schools Act of 1992, the Petition was brought to the District Governing Board meeting of October 2, 2018, at which time it was received by the District Governing Board, thereby commencing the timelines for District Governing Board action thereon. Pursuant to Education Code Section 47605, the Governing Board of the District (“Governing Board”) shall hold a public hearing on the provisions of the Charter, at which time the Governing Board shall consider the level of support for the Charter from teachers employed by the District, other employees of the District, and parents. In order to fulfill this requirement, the District Governing Board conducted a public hearing on November 13, 2018, to consider the level of support for the Second Petition by teachers employed by the District, other employees of the District, and parents. During the public hearing, the lead petitioner and a number of other individuals spoke in support of the Petition. No District teachers or other District employees spoke in favor of the Petition. Several District teachers and employees spoke in opposition of the Petition. The District administrative staff has the responsibility of providing the District Governing Board with a comprehensive recommendation regarding the Sycamore Charter. The Charter has been assessed against the standards and requirements, as set forth in the Education Code and Charter Schools Act, in order to develop final recommendations to the Board regarding approval or denial of the Sycamore Petition. Pursuant to Education Code Section 47605(b), the Governing Board of a school district shall not deny a petition for the establishment of a charter school unless it is not satisfied that granting the charter is consistent with sound educational practice, and it makes written factual findings specific to the particular petition setting forth specific facts to support one or more of the following findings: 1. The Petition presents an unsound educational program for the pupils to be enrolled in the School.
2. The Petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
3. The Petition does not include the required number of signatures.
4. The Petition does not contain required non-discrimination and enrollment affirmations.
5. The Petition does not contain reasonably comprehensive descriptions of fifteen (15) required elements.
6. The Petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code). Working as a collaborative professional team, District administration and legal counsel from the law firm of Atkinson, Andelson, Loya, Ruud and Romo submit that the recommendation to the Governing Board of the District is well documented and based upon solid criteria. Analysis of the Second Petition demonstrates that the Charter is deficient in a variety of respects and that approval of the Second Petition would not be consistent with sound educational practice. District administrative staff has noted a number of issues and concerns. The proposed Resolution of Denial (Exhibit A) includes written factual findings specific to the Sycamore Charter setting forth some of the most significant defects in the Second Petition and supporting the denial of the Sycamore Charter. Furthermore, the staff recommendation and subsequent Governing Board action falls within the required timeline parameters as set forth in the California Education Code and applicable state and federal laws.
In accordance with Education Code Section 47605(b), the specific factual findings in the Board Resolution are within the following statutory findings for denial of the Second Petition: 1. The Petition presents an unsound educational program for the pupils to be enrolled in the School. [Education Code Section 47605(b)(1)]
2. The Petitioners are demonstrably unlikely to successfully implement the program set forth in the Charter Petition. [Education Code Section 47605(b)(2)]
3. The Charter Petition does not contain reasonably comprehensive descriptions of all of the required elements. [Education Code Section 47605(b)(5)]
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