Memorandum of Understanding between Community Learning Center Schools, Inc. Nea Charter School and the Alameda Unified School District Board of Education March 10, 2009

Background: Timeline January 8, 2009-Board of Education provisionally approved Nea Charter School application pending an approved Memorandum of Understanding (MOU) by January 31, 2009January 8, 2009-Board of Education provisionally approved Nea Charter School application pending an approved Memorandum of Understanding (MOU) by January 31, 2009 January 27, 2009-Board of Education approves a postponement until February 24, 2009 to approve the MOU as both parties continue working in good faithJanuary 27, 2009-Board of Education approves a postponement until February 24, 2009 to approve the MOU as both parties continue working in good faith

Background: TimelineCont AUSD submitted final draft MOU to Nea Charter on Monday, February 2, 2009AUSD submitted final draft MOU to Nea Charter on Monday, February 2, 2009 Information on draft MOU presented to Board of Education on February 10, 2009Information on draft MOU presented to Board of Education on February 10, 2009 Approval of postponement on February 24, 2009Approval of postponement on February 24, 2009 Action to be taken on the MOU by Board of Education on March 10, 2009Action to be taken on the MOU by Board of Education on March 10, 2009

Revisions to the MOU Page 1: Recitals have been cleaned up for clarity; #2: explains that CLCS is the governing board of directors for NeaPage 1: Recitals have been cleaned up for clarity; #2: explains that CLCS is the governing board of directors for Nea Page 2: Term of MOU for school yearPage 2: Term of MOU for school year Pages 2-5: Conditions for Commencing Operation -Pages 2-5: Conditions for Commencing Operation - –Documents due June 1 st –CLCS Board of Directors is the governing board responsible for document development and document changes; added #4.1f. to submit any changes to the AUSD –Insurance policies will be due August 1

Revisions to the MOU Pages 4: School Facility and Building SafetyPages 4: School Facility and Building Safety –If Nea Charter is housed in an AUSD facility, it will be the Districts responsibility to provide documentation per Proposition 39 Page 5: Special Education Program Plan will include program and services planPage 5: Special Education Program Plan will include program and services plan Page 6: Volunteer Requirements for those working directly with students in accordance with District policyPage 6: Volunteer Requirements for those working directly with students in accordance with District policy Page 6: 4.3 Date changed to October 1stPage 6: 4.3 Date changed to October 1st Page 6: Added Confidentiality of RecordsPage 6: Added Confidentiality of Records

Educational Performance: Special Education Special Education: Pages 7-10: Until Nea Charter is accepted to El Dorado County Charter SELPA, we agree to govern the provision of special education and related services to Nea learners as required by charter law.Pages 7-10: Until Nea Charter is accepted to El Dorado County Charter SELPA, we agree to govern the provision of special education and related services to Nea learners as required by charter law. –Nea shall be responsible for provision of special education and related services & ensure a free and appropriate public education (FAPE) –8.3g-Added language for Child Find

Educational Performance: Special Education Pages 10-12: Upon acceptance to El Dorado County Charter SELPA, the provisions are revised to reflect the change in responsibilityPages 10-12: Upon acceptance to El Dorado County Charter SELPA, the provisions are revised to reflect the change in responsibility –8.13 Child Find –8.13 Infant – preschool & 18-22

Educational Program/General Operation Reporting Page 13: Added Students denied admission dataPage 13: Added Students denied admission data Page 13: Added disenrollment dataPage 13: Added disenrollment data Page 15: Annual Fiscal Audit deficienciesPage 15: Annual Fiscal Audit deficiencies Page 17: Risk Management due September 1, training evidence due October 1Page 17: Risk Management due September 1, training evidence due October 1 Page 18: District OversightPage 18: District Oversight –CLCS will include 1 district representative to serve as a non- voting member to the CLCS Board –Ed Code 47605(d2c): In the event of a random drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.

Educational Program/General Operation Reporting Page 18: Added revocation authority for materials violationPage 18: Added revocation authority for materials violation Page 19: Visitations to charter schoolPage 19: Visitations to charter school Page 22-23: Expanded Dispute ResolutionPage 22-23: Expanded Dispute Resolution Employees seeking union representation: Charter application (page 79): Under EERA (Educational Employment Relations Act) CLCS employees shall have the right to form a collective bargaining unit and to negotiate directly with the charter school.Employees seeking union representation: Charter application (page 79): Under EERA (Educational Employment Relations Act) CLCS employees shall have the right to form a collective bargaining unit and to negotiate directly with the charter school.

Notice to Cure and Revocation Procedures (EC 47607) Notice to Cure and Revocation –It is in Education Code 47607, is noted in the Nea Charter Application, and in Dispute Resolution clause #35 in MOU A charter may be revoked by the authority that granted the charter under if the authority finds, through a showing of substantial evidence, that the charter school did any of the following:A charter may be revoked by the authority that granted the charter under if the authority finds, through a showing of substantial evidence, that the charter school did any of the following: –Committed a material violation of any of the conditions, standards, or procedures set forth in the charter –Failed to meet or pursue any of the pupil outcomes identified in the charter –Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement –Violated any provision of law

Notice to Cure and Revocation Procedures (EC 47607) The District will provide the charter reasonable opportunity to remedy the violation(s), unless the violation constitutes a severe and imminent threat to the health or safety of the pupils.The District will provide the charter reasonable opportunity to remedy the violation(s), unless the violation constitutes a severe and imminent threat to the health or safety of the pupils. –Written notice of intent to revoke and notice of facts in support of revocation –District has no later than 30 days of the notice to hold a public hearing of whether evidence exists to revoke the charter –No later than 30 days after the public hearing, the District will issue a final decision of revocation –Charter school may appeal to the county board of education within 30 days of the decision –If the Charter school does not prevail, they can appeal to the state board of education

Action to Approve Nea Charter MOU Staff Recommendation: approve Memorandum of Understanding between Community Learning Center Schools, Inc. and AUSD effective July 1, 2009 through June 30, 2010.