Anderson Union High School District

Anderson Union High School District 

SUBJECT: Minutes for the December 18, 2012 

Organizational Board Meeting 

PREPARER: Tim Azevedo 

RECOMMENDATION: Adopt 

BACKGROUND: The minutes have been reviewed and are recommended for 

approval. 

REFERENCES: Unadopted minutes 

AUHSD Board Meeting - January 15, 2013 Page 1

CALL TO ORDER 

ANDERSON UNION HIGH SCHOOL DISTRICT 

1469 Ferry Street ▪ Anderson, CA 96007 

(530) 378-0568 

ORGANIZATIONAL MEETING, BOARD OF TRUSTEES 

Tuesday, December 18, 2012 

MINUTES 

A regular meeting of the Governing Board of the Anderson Union High School District was called to order by 

Mr. Joe Gibson at 6:32 pm. on Tuesday, December 18, 2012 at the Anderson Union High School District Office. 

Present for Closed Session were: 

Members of the Board 

Mr. Ivar Amen 

Mr. Ron Brown 

Mr. Joe Gibson 

Mr. Butch Schaefer 

Mr. Karl Stemmler 

APPROVAL OF AGENDA 

Administration 

Mr. Tim Azevedo 

AUHSD Staff 

Mrs. Missi Bullington 

Mr. Brown moved, seconded by Mr. Amen to approve the agenda for the regular meeting for December 18, 

2012. The motion carried unanimously. 

CLOSED SESSION 

The Board went into closed session at 6:01 pm. Mrs. Bullington was excused. 

REGULAR MEETING 

The Regular Meeting of the Board of Trustees was called to order at 7:00 pm. The flag salute was led by Tim 

Azevedo. Mr. Azevedo administered the Oath of Office to newly elected Board Trustees Butch Schaefer and 

Karl Stemmler. In addition to those in closed session, the following were present: 

Administration 

Mr. Tony Baldwin 

Mrs. Donell Evans 

Mrs. Rebecca Evers 

Mr. Emmett Koerperich 

Mr. Brandt Shriner 

Mrs. Marrianne Williams 

REPORTS 

AUHSD Staff 

Mrs. Nancy Dutton 

Ms. Katy Teixeira 

Others 

Miranda Edwards 

Andrea Haden 

Dani Hayward 

Maghan Hunt 

Jon Isom 

Paige Pearson 

Betsy Reedy 

Bill Schaefer 

Lola Schaefer 

In Closed Session, the board unanimously approved the Superintendent’s recommendation for student 

discipline in cases #CL121306, #WG121304, and #SN121305. The Board voted unanimously to approve the 

litigation settlement in student case #JJ111215. 

Student Representatives Miranda Edwards (AUHS), Paige Pearson (ANTHS), and Dani Hayward (WVHS) 

reported on school activities, athletics, and academics. 

Jon Isom of Isom Advisors addressed the board regarding the bonding process. He explained that the district is 

required to have a bond oversight committee to oversee expenses related to the bond. The committee’s duties 


AUHSD Regular Board Meeting Minutes 


will not include directing or prioritizing projects. The committee will meet and report to the public at least once a 

year. Mr. Isom explained the make-up of the committee and that the board will need to adopt a resolution in 

January which will start the committee selection process. He also explained the process of pricing and selling 

the bonds to investors. 

Marrianne Williams provided a presentation to the board regarding dual enrollment. She explained that students 

take college courses on the high school campus and earn credit for both. There is no cost to the student. She 

said this creates a college-going culture and is a “win-win” for the students. She clarified that AUHSD teachers 

who teach these classes are not paid more for dual enrollment courses, but are required to have a Master’s 

degree in the subject area in which they are teaching. 

HEARING OF PERSONS DESIRING TO ADDRESS THE BOARD 

No one requested to address the board. 

ORGANIZATIONAL ITEMS 

7.1 Mr. Brown moved that the selection of officers for the Anderson Union High School District Board of 

Trustees for 2013 continue in the usual rotation. The motion carried unanimously. Therefore, Mr. 

Brown was selected as President of the Board, and Mr. Amen was selected as Clerk of the Board. Mr. 

Gibson handed Mr. Brown the gavel and Mr. Brown took over as chairman of the meeting. 

7.2 Mr. Schaefer moved, seconded by Mr. Stemmler to adopt the resolution establishing the time, date, 

and place of regular monthly meetings of the Anderson Union High School District Board of Trustees. 

The motion carried unanimously. 

ACTION ON CONSENT ITEMS 

Mr. Stemmler asked to have BP 4312.1 – Contracts (Item #8.2) removed from the Consent Agenda. Mr. 

Schaefer moved, seconded by Mr. Amen to approve the following: 

8.1 The minutes for the Regular Board Meeting, November 13, 2012 

8.2 The following Board Policies and Administrative Regulation: AR 6146.2 – Certificate of 

Proficiency/High School Equivalency, BP 6178 – Career Technical Education, BP 7110 – Facilities 

Master Plan, and BB 9321 – Closed Session Purposes and Agendas 

8.3 The deletion of the following Board Policy and Exhibit: E 6142.1 – Family Life Sex Education and BP 

6161 – Equipment, Books, and Materials 

8.4 The Human Resources Report: CERTIFICATED ASSIGNMENT: Carol Germano, District Department 

Chair; CLASSIFIED RESIGNATION: Toni Hillyard, Clerk/Typist/Paraprofessional at WVHS, effective 

November 16, 2012; CLASSIFIED UNPAID LEAVE OF ABSENCE: Dan Robinette, Custodian at 

WVHS, effective November 3 – December 31, 2012, CLASSIFIED RETIREMENT: Dan Robinette, 

Custodian at WVHS, effective January 1, 2013, CLASSIFIED NEW HIRE: Leah McElveen, Food 

Service Assistant at WVHS; CLASSIFIED NEW ASSIGNMENT: Denise McMahon, Clerk/Typist 

/Paraprofessional at WVHS, replacing Toni Hillyard; COACHING RESIGNATION: John Karpinski, 

Golf Coach at AUHS; COACHING NEW HIRES: Jim Mays, Freshman Girls Basketball at AUHS; 

Susan Romero, Girls Soccer at AUHS; Jacob Stout, Assistant Wrestling at AUHS; COACHING 

VOLUNTEERS: Scott Edwards, Boys Varsity Basketball at AUHS; Robert Littell, Boys Soccer at 

WVHS; Larry Melton, Boys Basketball at AUHS; Ken McNeely, Boys Soccer at WVHS; Chris 

Traetz, Boys Baseball at WVHS; Rachel Wilson, JV Girls Basketball at AUHS 

8.5 The following field trips contingent on the availability of substitutes and the completion of 

transportation paperwork: 

Group Depart Return Destination City, St Purpose 

WVHS Girls 

Basketball 

Friday, 

December 21, 

2012 

Saturday, 

December 22, 

2012 

The White 

Residence 

Corning, CA Team Retreat 

AUHSD Board Meeting - January 15, 2013 Page 3 

2

AUHS Varsity 

Girls BBall 

AUHS FFA 

AUHS FFA 

AUHS Dance 

AUHS Surf 

Club 

AUHS Surf 

Club 

AUHS FFA 

AUHS Surf 

Club 

AUHS Surf 

Club 


Thursday, 

December 27, 

2012 

Friday, January 

18, 2013 

Friday, January 

18, 2013 

Friday, March 

08, 2013 

Saturday, 

March 09, 2013 

Monday, April 

01, 2013 

Wednesday, 

April 17, 2013 

Saturday, April 

20, 2013 

Saturday, May 

18, 2013 

ACTION AND INFORMATIONAL ITEMS 

Saturday, 

December 29, 

2012 

Saturday, 

January 19, 

2013 

Saturday, 

January 19, 

2013 

Sunday, March 

10, 2013 

Saturday, 

March 09, 2013 

Tuesday, April 

02, 2013 

Tuesday, April 

23, 2013 

Saturday, April 

20, 2013 

Saturday, May 

18, 2013 

Antioch High 

School 



Antioch, CA 

Red Lion Hotel Redding, CA 

Red Lion Hotel Redding, CA 

Chabot College Hayward, CA 

West Coast 

Jamboree 

Tourney 

Leadership 

Academy 

Advanced 

Leadership 

Academy 

Dance 

Competition 

Cowell's Beach Santa Cruz, CA Surf trip 


Several 

Locations 

Fresno, CA 

State FFA 

Convention 



9.1 Mr. Azevedo explained the process of adopting policies/regulations: 1) He and Missi Bullington review 

the recommendations from California School Boards Association (usually based on changes in law); 

2) the policies/regulations are reviewed by Administrative Cabinet; 3) final recommendations for 

adoption are given to the board to adopt. Mr. Stemmler asked for a specific explanation for 

recommendation for adoption for BP 4312.1. Mr. Azevedo explained that this new policy protects the 

district against management employees abusing their authority in relation to salary contracts. Mr. 

Schaefer moved, seconded by Mr. Amen to adopt Board Policy 4312.1 – Contracts. The motion 

carried unanimously. 

9.2 Mr. Amen moved, seconded by Mr. Stemmler to authorize the following persons to sign for approval of 

warrants and fund transfers of the Anderson Union High School District: Ivar Amen, Board Member, 

Tim Azevedo, Superintendent, Ron Brown, Board Member, Donell Evans, CBO, Joe Gibson, Board 

Member, Butch Schaefer, Board Member, Paige Senn, Accountant, and Karl Stemmler, Board 

Member. The motion carried unanimously. 

9.3 Mr. Schaefer moved, seconded by Mr. Gibson to adopt the 2013/14 School Calendar. The motion 

carried unanimously. 

9.4 Mr. Gibson moved, seconded by Mr. Amen to adopt the 2013/14 Calendar for 11-month Classified 

Employees. The motion carried unanimously. 

9.5 Mr. Schaefer moved, seconded by Mr. Gibson to adopt the 2013/14 Calendar for 12-month Classified 

Employees. The motion carried unanimously. 

9.6 Mr. Azevedo explained that negotiations openers must be introduced to the board prior to any 

negotiating. The openers from the District for negotiations with the AUHSD Teachers Association for 

the 2013/14 fiscal year were reviewed by the board. The openers for the Teachers Association should 

be on the January agenda for review. 

9.7 Mr. Stemmler moved, seconded by Mr. Schaefer to approve the Memorandum of Understanding with 

Shasta College regarding the Dual Enrollment partnership. The motion carried unanimously. 

9.8 Mr. Gibson moved, seconded by Mr. Amen to approve the Agreement with Independent Educational 

Programs NPA, Inc. to provide special education and/or related services to AUHSD students with 

exceptional needs for the 2012/13 school year. The motion carried unanimously. 


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9.9 

9.10 

9.11 

9.12 

9.13 

9.14 

9.15 



Mr. Amen moved, seconded by Mr. Stemmler to approve the Agreements with Professional Tutors of 

America, Inc., ACE Tutoring, Club Z! In-Home Tutoring Services, A+ Educational Centers, #1 

Academia de Servicio de Tutoria, and ATS Project Success for supplemental educational services. 


9.16 Mr. Azevedo explained that Guiton’s Pool Center was selected to do repairs at West Valley High 

School because they had the lowest bid and a good reputation. Mr. Gibson moved, seconded by Mr. 

Amen to approve the Agreement with Guiton’s Pool Center for demolition and rebuild of pool step(s) at 

West Valley High School. The motion carried unanimously. 

9.17 Mrs. Evans presented the Actuarial Study of Retiree Health Liabilities as of September 1, 2012. She 

explained that it is a requirement to provide this information to the board every three years. She said 

that the district is compliant, but that the unfunded liability is significant – about $1.6 million. The 

district is currently “paying as we go.” 

9.18 Mrs. Evans spoke about the First Interim Report. She highlighted the following items: 1) Prop 30 

provided no new money, just fewer cuts; 2) there may still be deferrals from the state; 3) federal 

funding is unstable; 4) there will be less funding from MAA; 5) the district will be deficit spending for 

the next three years; 6) there were litigation costs and unanticipated expenses for Special Education; 

and 7) the district is unsure of the cost of common core implementation. She said that overall, the 

outlook is better than in past years, but there is still work to do. Mr. Gibson moved, seconded by Mr. 

Amen to approve the First Interim Report and Certify the District’s ability to meet its financial 

obligations (AB 2861) and adopt the Resolution for Budget Adjustment. The motion carried 

unanimously. 

9.19 Mr. Amen moved, seconded by Mr. Schaefer to adopt Resolution 12-13-12-2: Approving the grant 

application for the Small School District and County Office of Education Bus Replacement Program. 


9.20 Mr. Stemmler moved, seconded by Mr. Schaefer to approve the Request to Declare Property as 

Surplus: 1986 International School Bus. The motion carried unanimously. 

9.21 Mr. Amen moved, seconded by Mr. Schaefer to approve the Warrants for the following funds: General 

Fund (Fund 3210); Charter School (Fund 3209); Adult Education (Fund 3212); Cafeteria Fund (Fund 

3220); Special Reserve (Media Center - Fund 3230); Special Reserve for other than Capital Outlay 

(Fund 3232); District Building Fund (Fund 3245); County School Facilities (Fund 3247); Capital 

Facilities (Fund 3270); Deferred Maintenance (Fund 3290). The motion carried unanimously. 

REPORTS AND COMMENTS 

Nancy Dutton, CTA President, spoke about the impact the Connecticut school shooting is having on the 

educational community. She hopes the district will examine school safety and make it a priority. 

Mr. Stemmler thanked the students for representing the district at the Anderson City Council meetings. He said 

he is honored to be elected to the board. He addressed school violence and said that school safety should be a 

priority. 

Tony Baldwin, Director of Technology, updated the board on projects in his department. 

Mr. Azevedo also spoke about the events in Connecticut. He said he plans on including some safety 

improvements with the modernization projects. He also said that the WVHS staff responded well to the lock 

down last week. He reminded staff to make an effort to enjoy time with their families over the holidays. 

Mr. Azevedo announced that the Rotary Crab Feed is January 12. Funds raised at the event will support district 

students. 


4



Mr. Schaefer said that employee and student safety on AUHSD campuses should be a priority. He said he 

would like to see the board get some training in The Brown Act. He would also like to see more interaction 

between the schools, the community, and area businesses. Mr. Schaefer said he feels humbled to be elected to 

the board and thanked everyone for their support. 

Mr. Amen welcomed Mr. Schaefer and Mr. Stemmler and said he was happy to have them on the board. 

Mr. Gibson and Mr. Brown wished everyone a Merry Christmas. 

ADJOURNMENT 

Mr. Brown adjourned the meeting at 8:32 pm. 

Minutes submitted by: 

___________________________________ 

Missi Bullington, Executive Assistant 

Approved and entered into the proceedings of the District January 15, 2013. 

___________________________________ ___________________________________ 

Ron Brown Ivar Amen 

President, AUHSD Board of Trustees Clerk, AUHSD Board of Trustees 


5


SUBJECT: Human Resources Action Report 


RECOMMENDATION: Approve 

BACKGROUND: CLASSIFIED NEW HIRE: 

Tammy Coddington, Food Service Assistant at WVHS 

Jodi Friebel, Short-Term CAHSEE Tutor at WVHS 

CLASSIFIED MANAGEMENT RETIREMENT: 

Nina Dodson, Executive Assistant to the Principal at WVHS, effective 

June 30, 2013 

CERTIFICATED NEW HIRE: 

Marty Reid, English/Social Science Teacher at AUHS 



SUBJECT: Field Trip Requests 

PREPARER: Tim Azevedo, Superintendent 


BACKGROUND: I have reviewed the trip requests and my 

recommendation for approval is based upon the 

availability of substitutes and the completion of 

transportation requirements. 

REFERENCES: Transportation Request Forms 








SUBJECT: Board Policies, Administrative Regulations and Exhibit for adoption 



BACKGROUND: In consideration of current state/federal laws and current district policies, I am 

recommending the adoption of the following board policies, administrative 

regulations, and board bylaw: 

BP 420.4 Charter School 

Authorization 

AR 420.4 Charter School 

Authorization 

E 420.41 Charter School 

Oversight 


Oversight 


Renewal 

This completely revised policy addresses the 

process for submission of a charter petition to the 

district and for the Board's review and 

approval/denial of the petition. It describes the 

circumstances under which petitioners may 

submit a petition directly to the County Board of 

Education or the State Board of Education (SBE), 

and parents/guardians' rights under the Parent 

Empowerment Act to submit a petition to convert 

a school into a charter school. The policy also 

contains material regarding the Board's 

responsibilities for approval/denial of a charter 

petition and adds language on the petitioners' 

right to submit a denied petition to the County 

Board and then the SBE. 

This updated regulation details the closure 

procedures (that must be included in a petition) 

and describes the role of the petition review 

committee. Sections “Charter Approval/Denial”, 

“Material Requisitions”, “Renewals”, 

“Revocations”, “Requirements for Charter 

Schools”, “Administrative and Other District 

Services”, and “Waivers” have been removed to 

create BP/E 0420.41, BP 0420.42, and BP 

0420.43. 

This new exhibit contains information formerly in 

AR 0420.4. It reflects legal requirements for 

charter schools. 

This new policy contains material (formerly in AR 

0420.4) regarding the Board's responsibility for: 

1) monitoring the performance of any charter 

school it authorizes; 2) approving any material 

revisions to the charter; 3) authorization to submit 

waiver requests, and 4) ensuring that 

notifications are provided in the event the school 

closes for any reason. 

This new policy contains material (formerly in AR 

0420.4) regarding the submission and review of a 

petition for charter renewal. The policy reflects 

new state regulations which: 1) require that the 

Board grant or deny the renewal petition within 


60 days of receiving the petition, unless extended 

to 90 days by mutual agreement; and 2) provide 

that the petition will be automatically renewed if 

the Board fails to act within this timeline. The 

policy also reflects the charter school's right to 

petition the County Board and then the SBE if the 

district denies the renewal. 

REFERENCES: Unadopted Board Policies, Administrative Regulations, and Exhibit 


Anderson Union HSD 

Philosophy, Goals, Objectives, and Comprehensive Plans 

CHARTER SCHOOL AUTHORIZATION 

Petition Signatures 

AR 0420.4 (a) 

A petition for the establishment of a start-up charter school within the district must be signed by one of 

the following: (Education Code 47605) 

1. A number of parents/guardians equivalent to at least one-half of the number of students that the 

charter school estimates will enroll in the school for its first year of operation 

2. A number of teachers equivalent to at least one-half of the number of teachers that the charter 

school estimates will be employed at the school during its first year of operation 

If the charter petition calls for an existing public school to be converted to a charter school, the petition 

must be signed by at least 50 percent of the permanent status teachers currently employed at the school. 

(Education Code 47605) 

(cf. 4116 - Permanent/Probationary Status) 

In circulating a petition, the petitioners shall include a prominent statement explaining that a 

parent/guardian's signature means that the parent/guardian is meaningfully interested in having his/her 

child attend the charter school or, in the case of a teacher's signature, that the teacher is meaningfully 

interested in teaching at the charter school. The proposed charter shall be attached to the petition. 


Components of Charter Petition 

A charter petition shall include affirmations of the conditions described in Education Code 47605(d) as 

well as descriptions of all of the following: (Education Code 47605, 47611.5) 

1. The educational program of the school, designed, among other things, to identify those 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 students to become self-motivated, competent, and lifelong learners. 

If the proposed school will serve high school students, the petition shall describe the manner in 

which the charter school will inform parents/guardians about the transferability of courses to 

other public high schools and the eligibility of courses to meet college entrance requirements. 

Courses offered by the charter school that are accredited by the Western Association of Schools 

and Colleges may be considered transferable, and courses approved by the University of 

California or the California State University as creditable under the "a-g" admissions criteria may 

be considered to meet college entrance requirements. 



CHARTER SCHOOL AUTHORIZATION, continued 

AR 0420.4 (b) 

2. The measurable student outcomes identified for use by the charter school. Student outcomes 

means the extent to which all students of the school demonstrate that they have attained the 

skills, knowledge, and attitudes specified as goals in the school's educational program. 

3. The method by which student progress in meeting those student outcomes is to be measured. 

4. The governance structure of the school, including, but not limited to, the process to be followed 

by the school to ensure parent/guardian involvement. 

5. The qualifications to be met by individuals to be employed by the school. 

6. The procedures that the school will follow to ensure the health and safety of students and staff. 

These procedures shall include the requirement that each school employee furnish the school 

with a criminal record summary as described in Education Code 44237. 

7. The means by which the school will achieve a racial and ethnic balance among its students that is 

reflective of the general population residing within the district's territorial jurisdiction. 

8. Admission requirements, if applicable. 

9. The manner in which annual, independent financial audits shall be conducted, which shall 

employ generally accepted accounting principles, and the manner in which audit exceptions and 

deficiencies shall be resolved to the satisfaction of the Governing Board. 

10. The procedures by which students can be suspended or expelled. 

11. The manner by which staff members of the charter school will be covered by the State Teachers' 

Retirement System, the Public Employees' Retirement System, or federal social security. 

12. The public school attendance alternatives for students residing within the district who choose to 

not attend charter schools. 

13. A description of the rights of any district employee upon leaving district employment to work in 

a charter school and of any rights of return to the district after employment at a charter school. 

14. The procedures to be followed by the charter school and the Board to resolve disputes relating to 

charter provisions. 

15. A declaration as to whether or not the charter school shall be deemed the exclusive public school 

employer of the school's employees for purposes of collective bargaining under Government 

Code 3540-3549.3. 




16. The procedures to be used if the charter school closes. 

These procedures shall include, but not be limited to: (5 CCR 11962) 

a. Designation of a responsible entity to conduct closure-related activities 

AR 0420.4 (c) 

b. Notification of the closure to parents/guardians, the Board, the county office of 

education, the special education local plan area in which the school participates, the 

retirement systems in which the school's employees participate, and the CDE, providing 

at least the following information: 

1) The effective date of the closure 

2) The name(s) of and contact information for the person(s) to whom reasonable 

inquiries may be made regarding the closure 

3) The students' districts of residence 

4) The manner in which parents/guardians may obtain copies of student records, 

including specific information on completed courses and credits that meet 

graduation requirements 

c. Provision of a list of students at each grade level, the classes they have completed, and 

the students' district of residence to the responsible entity designated in accordance with 

item #16a above 

d. Transfer and maintenance of all student records, all state assessment results, and any 

special education records to the custody of the responsible entity designated in 

accordance with item #16a above, except for records and/or assessment results that the 

charter may require to be transferred to a different entity 

e. Transfer and maintenance of personnel records in accordance with applicable law 

f. Completion of an independent final audit within six months after the closure of the school 

that includes an accounting of all financial assets and liabilities pursuant to 5 CCR 11962 

and an assessment of the disposition of any restricted funds received by or due to the 

school 

g. Disposal of any net assets remaining after all liabilities of the school have been paid or 

otherwise addressed pursuant to 5 CCR 11962 

h. Completion and filing of any annual reports required pursuant to Education Code 

47604.33 




i. Identification of funding for the activities identified in item #16a-h above 

AR 0420.4 (d) 

Charter school petitioners shall provide information to the Board regarding the proposed operation and 

potential effects of the school, including, but not limited to: (Education Code 47605) 

1. The facilities to be used by the school, including where the school intends to locate 

(cf. 7160 - Charter School Facilities) 

2. The manner in which administrative services of the school are to be provided 

3. Potential civil liability effects, if any, upon the school and district 

4. Financial statements that include a proposed first-year operational budget, including start-up 

costs and cash-flow and financial projections for the first three years of operation 

Location of Charter School 

Unless otherwise exempted by law, the charter petition shall identify a single charter school that will 

operate within the geographic boundaries of the district. A charter school may propose to operate at 

multiple sites within the district as long as each location is identified in the petition. (Education Code 

47605, 47605.1) 

A charter school that is unable to locate within the district's jurisdictional boundaries may establish one 

site outside district boundaries but within the county, provided that: (Education Code 47605, 47605.1) 

1. The district is notified prior to approval of the petition. 

2. The County Superintendent of Schools and Superintendent of Public Instruction are notified before 

the charter school begins operations. 

3. The school has attempted to locate a single site or facility to house the entire program but such a 

facility or site is unavailable in the area in which the school chooses to locate, or the site is needed 

for temporary use during a construction or expansion project. 

A charter school may establish a resource center, meeting space, or other satellite facility located in an 

adjacent county if both of the following conditions are met: (Education Code 47605.1) 

1. The facility is used exclusively for the educational support of students who are enrolled in 

nonclassroom-based independent study of the charter school. 




AR 0420.4 (e) 

2. The charter school provides its primary educational services in, and a majority of the students it 

serves are residents of, the county in which the school is authorized. 

Petition Review Committee 

At his/her discretion, the Superintendent or designee may establish a staff advisory committee to review 

submitted petitions and supporting documentation. Such a committee may be used to evaluate the 

completeness of proposals, the merits of the proposed educational programs, and any concerns that 

should be addressed by the petitioners. The Superintendent or designee shall also consult with legal 

counsel as appropriate regarding compliance of the proposals with legal requirements. 

(cf. 1220 - Citizen Advisory Committees) 




CHARTER SCHOOL AUTHORIZATION 

BP 0420.4 (a) 

The Governing Board recognizes that charter schools may assist the district in offering diverse learning 

opportunities for district students. In considering any petition to establish a charter school within the 

district, the Board shall give careful consideration to the potential of the charter school to provide 

students with a high-quality education that enables them to achieve to their fullest potential. 

One or more persons may submit a petition for a start-up charter school to be established within the 

district. In addition, an existing district school may be converted to a charter school when deemed 

beneficial by the district and community or when state or federal law requires restructuring of the school 

because of low performance. 

(cf. 0520.2 - Title I Program Improvement Schools) 

Any petition for a start-up charter school or conversion charter school shall include all components and 

signatures required by law and shall be submitted to the Board. 

The Superintendent or designee may work with charter school petitioners prior to the formal submission 

of the petition in order to ensure compliance of the petition with legal requirements. As needed, he/she 

also may meet with the petitioners to establish workable plans for technical assistance or contracted 

services which the district may provide to the proposed charter school. 

Within 30 days of receiving a petition to establish a charter school, the Board shall hold a public hearing 

to determine the level of support for the petition by teachers, other employees of the district, and 

parents/guardians. (Education Code 47605) 

(cf. 9320 - Meetings and Notices) 

Within 60 days of receiving a petition, or within 90 days with mutual consent of the petitioners and the 

Board, the Board shall either approve or deny the request to establish the charter school. (Education 

Code 47605) 

The approval or denial of a charter petition shall not be controlled by collective bargaining agreements 

nor subject to review or regulation by the Public Employment Relations Board. (Education Code 

47611.5) 

Approval of Petition 

The Board shall approve the charter petition if doing so is consistent with sound educational practice. In 

granting charters, the Board shall give preference to schools best able to provide comprehensive learning 

experiences for academically low-achieving students according to standards established by the 

California Department of Education (CDE) under Education Code 54032. (Education Code 47605) 




BP 0420.4 (b) 

The Board may initially grant a charter for a specified term not to exceed five years. (Education Code 

47607) 

(cf. 0420.42 - Charter School Renewal) 

(cf. 0420.43 - Charter School Revocation) 

The Board shall ensure that any approved charter contains adequate processes and measures for holding 

the school accountable for fulfilling the terms of its charter. These shall include, but not be limited to, 

fiscal accountability systems, multiple measures for evaluating the educational program, and regular 

reports to the Board. 

(cf. 0420.41 - Charter School Oversight) 

The district shall not require any district student to attend the charter school nor shall it require any 

district employee to work at the charter school. (Education Code 47605) 

The Board may approve one or more memoranda of understanding to clarify the financial and 

operational agreements between the district and the charter school. Any such memorandum of 

understanding shall be annually reviewed by the Board and charter school governing body and amended 

as necessary. 

It shall be the responsibility of the petitioners to provide written notice of the Board's approval and a 

copy of the charter to the County Superintendent of Schools, the CDE, and the State Board of Education 

(SBE). (Education Code 47605) 

Denial of Petition 

The Board shall deny any petition to authorize the conversion of a private school to a charter school or 

that proposes to serve students in a grade level that is not served by the district, unless the petition 

proposes to serve students in all the grade levels served by the district. (Education Code 47602, 47605; 

5 CCR 11965) 

Any other charter petition shall be denied only if the Board presents written factual findings specific to 

the petition that one or more of the following conditions exist: (Education Code 47605) 

1. The charter school presents an unsound educational program for the students to be enrolled in the 

charter school. 

2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the 

petition. 

3. The petition does not contain the number of signatures required. 




BP 0420.4 (c) 

4. The petition does not contain an affirmation of each of the conditions described in Education 

Code 47605(d). 

5. The petition does not contain reasonably comprehensive descriptions of the charter provisions in 

Education Code 47605(b). 

The Board shall not deny a petition based on the actual or potential costs of serving students with 

disabilities, nor shall it deny a petition solely because the charter school might enroll disabled students 

who reside outside the special education local plan area in which the district participates. (Education 

Code 47605.7, 47647) 

(cf. 0430 - Comprehensive Local Plan for Special Education) 

If the Board denies a petition, the petitioners may choose to submit the petition to the County Board of 

Education and, if then denied by the County Board, to the SBE. (Education Code 47605) 

Legal Reference: 

EDUCATION CODE 

220 Nondiscrimination 

17078.52-17078.66 Charter schools facility funding; state bond proceeds 

17280-17317 Field Act 

17365-17374 Field Act, fitness for occupancy 

41365 Charter school revolving loan fund 

42238.51-42238.53 Funding for charter districts 

44237 Criminal record summary 

44830.1 Certificated employees, conviction of a violent or serious felony 

45122.1 Classified employees, conviction of a violent or serious felony 

46201 Instructional minutes 

47600-47616.7 Charter Schools Act of 1992 

47640-47647 Special education funding for charter schools 

47650-47652 Funding of charter schools 

51745-51749.3 Independent study 

53300-53303 Parent Empowerment Act 

56026 Special education 

56145-56146 Special education services in charter schools 

CORPORATIONS CODE 

5110-6910 Nonprofit public benefit corporations 

GOVERNMENT CODE 

3540-3549.3 Educational Employment Relations Act 

CODE OF REGULATIONS, TITLE 5 

4800-4808 Parent Empowerment Act 

11700.1-11705 Independent study 

11960-11969 Charter schools 


101 et seq. California Building Standards Code 

UNITED STATES CODE, TITLE 20 

6316 Program improvement 


COURT DECISIONS 

Ridgecrest Charter School v. Sierra Sands Unified School District, (2005) 130 Cal.App.4th 986 

ATTORNEY GENERAL OPINIONS 

89 Ops.Cal.Atty.Gen. 166 (2006) 






Management Resources: 

CSBA PUBLICATIONS 

The Role of the Charter School Authorizer, Online Course 

Charter Schools: A Manual for Governance Teams, rev. 2009 

Charter School Facilities and Proposition 39: Legal Implications for School Districts, 2005 

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS 

Sample Copy of a Memorandum of Understanding 

Special Education and Charter Schools: Questions and Answers, September 10, 2002 

U.S. DEPARTMENT OF EDUCATION GUIDANCE 

Charter Schools Program, July 2004 

The Impact of the New Title I Requirements on Charter Schools, July 2004 

WEB SITES 

CSBA: http://www.csba.org 

California Charter Schools Association: http://www.calcharters.org 

California Department of Education, Charter Schools: http://www.cde.ca.gov/sp/cs 

National Association of Charter School Authorizers: http://www.charterauthorizers.org 

U.S. Department of Education: http://www.ed.gov 

BP 0420.4 (d) 




CHARTER SCHOOL OVERSIGHT 

BP 0420.41 (a) 

The Governing Board recognizes its ongoing responsibility to ensure that any charter school authorized 

by the Board is successfully fulfilling the terms of its charter and is providing a high-quality educational 

program for students enrolled in the charter school. 

(cf. 0420.4 - Charter School Authorization) 

(cf. 0500 - Accountability) 

The Superintendent or designee shall identify at least one staff member to serve as a contact for each 

charter school. (Education Code 47604.32) 

The Board and Superintendent or designee may inspect or observe any part of the charter school at any 

time. The Superintendent or designee shall visit each charter school at least annually. (Education Code 

47604.32, 47607) 

Provision of District Services 

The district may charge for the actual costs of supervisorial oversight of a charter school not 

to exceed one percent of the charter school's revenue. If the district is able to provide substantially rentfree 

facilities to the charter school, the district may charge actual costs up to three percent of the charter 

school's revenue for supervisorial oversight. (Education Code 47613) 

(cf. 7160 - Charter School Facilities) 

The charter school may separately purchase administrative or other services from the district or any 

other source. (Education Code 47613) 

At the request of a charter school, the Superintendent or designee shall create and submit any reports 

required by the State Teachers' Retirement System or Public Employees' Retirement System on behalf of 

the charter school. The charter school may be charged for the actual costs of the reporting services, but 

shall not be required to purchase payroll processing services from the district as a condition for creating 

and submitting these reports. (Education Code 47611.3) 

Waivers 

If the charter school wishes to request a general waiver of any state law or regulation, it shall request 

that the Superintendent or designee submit a general waiver request to the State Board of Education 

(SBE) on its behalf. 

Material Revisions to Charter 

Material revisions to a charter may be made only with Board approval. Material revisions shall be 

governed by the same standards and criteria that apply to new charter petitions as set forth in Education 



CHARTER SCHOOL OVERSIGHT, continued 

BP 0420.41 (b) 

Code 47605 and shall include, but not be limited to, a reasonably comprehensive description of any new 

requirement of charter schools enacted into law after the charter was originally granted or last renewed. 


If an approved charter school proposes to expand operations to one or more additional sites within the 

district's boundaries, the charter school shall request a material revision to its charter and shall notify the 

Board of those additional locations. The Board shall consider approval of the additional locations at an 

open meeting. (Education Code 47605) 

The Board shall have the authority to determine whether a proposed change in charter school operations 

constitutes a material revision. 

Monitoring Charter School Performance 

The Superintendent or designee shall regularly report to the Board on the charter school's performance, 

based on the academic and fiscal accountability measures specified in the approved charter. 

In providing general oversight of a charter school, the Board and the Superintendent or designee shall 

determine whether the school complies with all legal requirements applicable to charter schools, 

including making all reports required of charter schools in accordance with Education Code 47604.32. 

The Board shall monitor the fiscal condition of the charter school based on any financial information 

obtained from the charter school, including, but not limited to, the charter school's preliminary budget, 

first and second interim financial reports, and final unaudited report for the full prior year. (Education 

Code 47604.32, 47604.33) 

The Board shall monitor each charter school to determine whether it is achieving the outcomes for 

student learning set forth in the charter agreement. In addition, the Board shall determine whether the 

charter school makes "adequate yearly progress" as defined by the SBE and federal Title I accountability 

requirements. If a charter school fails to make adequate yearly progress for two or more consecutive 

years, the Board shall take action for program improvement in accordance with law, Board policy, and 

administrative regulations. 

(cf. 0520.2 - Title I Program Improvement Schools) 

Evaluation data for the charter school shall be considered in the Board's determination of the renewal or 

revocation of a charter. 






School Closure 

BP 0420.41 (c) 

In the event that the Board revokes or denies renewal of a charter or the school closes for any other 

reason, the Superintendent or designee shall provide assistance, when applicable in accordance with the 

charter and/or a memorandum of understanding, to facilitate the transfer of the charter school's former 

students and to finalize financial reporting and close-out. 

The Superintendent or designee shall provide notification to the California Department of Education, 

within 10 calendar days, if the charter school will cease operation for any reason. Such notification shall 

include, but not be limited to, a description of the circumstances of the closure, the effective date of the 

closure, and the location of student and personnel records. (Education Code 47604.32; 5 CCR 11962.1) 



220 Nondiscrimination 

17280-17317 Field Act 

17365-17374 Field Act, fitness for occupancy 

35330 Field trips and excursions; student fees 

38080-38086 School meals 

42100 Annual statement of receipts and expenditures 

44237 Criminal record summary 

44830.1 Certificated employees, conviction of a violent or serious felony 

45122.1 Classified employees, conviction of a violent or serious felony 

46201 Instructional minutes 


47634.2 Nonclassroom-based instruction 

47640-47647 Special education funding for charter schools 

48000 Minimum age of admission for kindergarten; transitional kindergarten 

48010-48011 Minimum age of admission (first grade) 

48907 Students' exercise of free expression; rules and regulations 

48950 Student speech and other communication 

49061 Student records 

49110 Authority of issue work permits 

51745-51749.3 Independent study 

52052 Alternative accountability system 

56026 Special education 


60600-60649 Assessment of academic achievement 

60850-60859 High school exit examination 

CORPORATIONS CODE 

5110-6910 Nonprofit public benefit corporations 


3540-3549.3 Educational Employment Relations Act 

54950-54963 The Ralph M. Brown Act 

LABOR CODE 

1198.5 Personnel records related to performance and grievance 

PENAL CODE 

667.5 Definition of violent felony 

1192.7 Definition of serious felony 

CALIFORNIA CONSTITUTION 

Article 9, Section 5 Common school system 


11700.1-11705 Independent study 






101 et seq. California Building Standards Code 


6311 Adequate yearly progress 

6319 Qualifications of teachers and paraprofessionals 


CODE OF FEDERAL REGULATIONS, TITLE 34 

200.1-200.78 Accountability 

300.18 Highly qualified special education teachers 







CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS DECISIONS 

Student v. Horizon Instructional Systems Charter School, (2012) OAH Case No. 2011060763 





CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS 

Sample Copy of a Memorandum of Understanding 

Pupil Fees, Deposits, and Other Charges, Fiscal Management Advisory 11-01, November 9, 2011 

Special Education and Charter Schools: Questions and Answers, September 10, 2002 

U.S. DEPARTMENT OF EDUCATION GUIDANCE 

Charter Schools Program, July 2004 

The Impact of the New Title I Requirements on Charter Schools, July 2004 

WEB SITES 






BP 0420.41 (d) 




CHARTER SCHOOL OVERSIGHT 

REQUIREMENTS FOR CHARTER SCHOOLS 

E 0420.41 (a) 

Charter schools are generally exempt from provisions of the Education Code unless they are expressly 

included in the law. However, charter schools are subject to the terms of their charters, any 

memorandum of understanding with their chartering authority, and other legal requirements including, 

but not limited to, requirements that each charter school: 

1. Comply with the state and federal constitution and applicable federal laws 

2. Comply with state laws that apply to governmental agencies in general, such as the Brown Act 

requirements in Government Code 54950-54963 

3. Be nonsectarian in its programs, admission policies, employment practices, and all other 

operations (Education Code 47605) 

4. Not discriminate against any student on the basis of the characteristics listed in Education Code 

220 (Education Code 47605) 

5. Not charge tuition (Education Code 47605) 

6. Not charge student fees for any activity that is an integral component of the educational program, 

except as authorized by those Education Code provisions that explicitly apply to charter schools 

7. Adhere to all laws establishing minimum age for public school attendance (Education Code 

47610) 

8. Serve students who are California residents and who, if over 19 years of age, are continuously 

enrolled in a public school and making "satisfactory progress" toward a high school diploma as 

defined in 5 CCR 11965 (Education Code 47612) 

9. Serve students with disabilities in the same manner as such students are served in other public 

schools (Education Code 47646, 56145) 

10. Admit all students who wish to attend the school, according to the following criteria and 

procedures: 

a. Admission to the charter school shall not be determined according to the student's place 

of residence, or that of his/her parents/guardians, within this state, except that any 

existing public school converting partially or entirely to a charter school shall adopt and 

maintain a policy giving admission preference to students who reside within the school's 

former attendance area. (Education Code 47605) 




E 0420.41 (b) 

b. If the number of students who wish to attend the charter school exceeds the school's 

capacity, attendance shall be determined by a public random drawing, except that 

preferences shall be extended to students currently attending the charter school and 

students who reside in the district, except as provided for in Education Code 47614.5. 


c. Other admissions preferences may be established on an individual school basis as 

consistent with law. 

11. Require its teachers to hold a Commission on Teacher Credentialing certificate, permit, or other 

document equivalent to that which a teacher in other public schools would be required to hold 


12. Require its teachers of core academic subjects to satisfy requirements for "highly qualified 

teachers" as defined by the State Board of Education (SBE) (20 USC 6319; 34 CFR 300.18) 

13. Not hire any person, in either a certificated or classified position, who has been convicted of a 

violent or serious felony except as otherwise provided by law (Education Code 44830.1, 

45122.1) 

14. Meet the requirements of Education Code 47611 regarding the State Teachers' Retirement 

System (Education Code 47610) 

15. Meet the requirements of Government Code 3540-3549.3 related to collective bargaining in 

public education employment (Education Code 47611.5) 

16. If applicable, meet federal requirements for qualifications of paraprofessionals working in 

programs supported by Title I funds (20 USC 6319) 

17. Meet all statewide standards and conduct the student assessments required by Education Code 

60605 and 60851 and any other statewide standards or assessments applicable to noncharter 

public schools (Education Code 47605, 47612.5) 

18. Offer at least the number of instructional minutes set forth in Education Code 47612.5 for the 

grade levels provided by the charter school (Education Code 47612.5) 

19. Meet the requirements of Education Code 51745-51749.3 if it provides independent study, 

except that it may be allowed to offer courses required for graduation solely through independent 

study as an exception to Education Code 51745(e) (Education Code 47612.5, 51747.3; 5 CCR 

11705) 




E 0420.41 (c) 

20. Identify and report to the Superintendent of Public Instruction (SPI) any portion of its average 

daily attendance that is generated through nonclassroom-based instruction, including, but not 

limited to, independent study, home study, work study, and distance and computer-based 

education (Education Code 47612.5, 47634.2; 5 CCR 11963.2) 

21. On a regular basis, consult with parents/guardians and teachers regarding the school's 

educational programs (Education Code 47605) 

22. Provide students the right to exercise freedom of speech and of the press including, but not 

limited to, the use of bulletin boards; the distribution of printed materials or petitions; the 

wearing of buttons, badges, and other insignia; and the right of expression in official publications 

(Education Code 48907, 48950) 

23. Maintain written contemporaneous records that document all student attendance and make these 

records available for audit and inspection (Education Code 47612.5) 

24. If a student subject to compulsory full-time education is expelled or leaves the charter school 

without graduating or completing the school year for any reason, notify the Superintendent of the 

school district of the student's last known address within 30 days and, upon request, 

provide that district with a copy of the student's cumulative record, including a transcript of 

grades or report card, and health information (Education Code 47605) 

25. Comply with the California Building Standards Code as adopted and enforced by the local 

building enforcement agency with jurisdiction over the area in which the charter school is 

located, unless the charter school facility meets either of the following conditions: (Education 

Code 47610, 47610.5) 

a. The facility complies with the Field Act pursuant to Education Code 17280-17317 and 

17365-17374. 

b. The facility is exclusively owned or controlled by an entity that is not subject to the 

California Building Standards Code, including, but not limited to, the federal 

government. 

26. Promptly respond to all reasonable inquiries from the district, the county office of education, or 

the SPI, including, but not limited to, inquiries regarding its financial records (Education Code 

47604.3) 

27. Annually prepare and submit financial reports to the Governing Board and the County 

Superintendent of Schools in accordance with the following reporting cycle: 

a. By July 1, a preliminary budget for the current fiscal year. For a charter school in its first 

year of operation, financial statements submitted with the charter petition pursuant to 




E 0420.41 (d) 

Education Code 47605(g) will satisfy this requirement. (Education Code 47604.33) 

b. By December 15, an interim financial report for the current fiscal year reflecting changes 

through October 31. (Education Code 47604.33) 

c. By March 15, a second interim financial report for the current fiscal year reflecting 

changes through January 31. (Education Code 47604.33) 

d. By September 15, a final unaudited report for the full prior year. The report submitted to 

the Board shall include an annual statement of all the charter school's receipts and 

expenditures for the preceding fiscal year. (Education Code 42100, 47604.33) 

e. By December 15, a copy of the charter school's annual, independent financial audit report 

for the preceding fiscal year, unless the charter school's audit is encompassed in the 

district's audit. The audit report shall also be submitted to the state Controller and the 

California Department of Education. (Education Code 47605) 




CHARTER SCHOOL RENEWAL 

BP 420.42 (a) 

The Governing Board believes that the ongoing operation of a charter school established within the 

district should be dependent on the school's effectiveness in achieving its mission and goals for student 

learning and other student outcomes. Whenever a charter school submits a petition for renewal of its 

charter, the Board shall review the petition in a thorough and timely manner. 





A charter school seeking renewal of its charter is encouraged to submit a petition for renewal to the 

Board sufficiently early before the term of the charter is due to expire. 

The signature requirement applicable to new charter petitions shall not be applicable to petitions for 

renewal. (5 CCR 11966.4) 

The petition for renewal shall include a reasonably comprehensive description of how the charter school 

has met all new charter school requirements enacted into law after the charter was originally granted or 

last renewed. The petition also shall include documentation that the charter school meets at least one of 

the criteria for academic performance specified in Education Code 47607(b). (Education Code 47607; 5 

CCR 11966.4) 

The Board shall not grant a renewal until at least 30 days after the charter school submits such 

documentation of its academic performance. (Education Code 47607) 

Within 30 days of receiving the renewal petition, the Board shall hold a public hearing to review 

documentation submitted by the charter school and obtain public input. 

Within 60 days of receiving the renewal petition, or within 90 days if extended by mutual written 

agreement of the Board and the charter school, the Board shall either grant or deny the request to renew 

the charter. (Education Code 47607; 5 CCR 11966.4) 

Renewals shall be governed by the same standards and criteria that apply to new charter petitions as set 

forth in Education Code 47605. When considering a petition for renewal, the Board shall consider the 

past performance of the charter school's academics, finances, and operations in evaluating the likelihood 

of future success, along with plans for improvement, if any. (Education Code 47607; 5 CCR 11966.4) 

Each renewal shall be for a period of five years. (Education Code 47607) 

The Board shall deny a renewal petition only if it makes a written factual finding setting forth specific 

facts to support one or more of the following grounds: (Education Code 47605, 47607; 5 CCR 11966.4) 



CHARTER SCHOOL RENEWAL, continued 

BP 420.42 (b) 

1. The charter school presents an unsound educational program for the students to be enrolled in the 

charter school. 

2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the 

petition. 

3. The petition does not contain an affirmation of each of the conditions described in Education 

Code 47605(d). 

4. The petition does not contain reasonably comprehensive descriptions of the charter provisions in 

Education Code 47605(b). 

5. The charter school has failed to meet at least one of the following criteria of academic 

performance: 

a. Attainment of its Academic Performance Index (API) growth target in the prior year or in 

two of the last three years, or in the aggregate for the prior three years 

b. An API ranking in deciles 4-10 in the prior year or in two of the last three years 

c. An API ranking in deciles 4-10 for a demographically comparable school in the prior 

year or in two of the last three years 

d. Academic performance at least equal to the academic performance of the public schools 

that the charter school students would otherwise have been required to attend, as well as 

the academic performance of district schools, taking into account the composition of the 

student population that is served at the charter school 

In determining whether the charter school satisfies this criterion, the Board shall base its 

decision on documented, clear, and convincing data; student achievement data including, 

but not limited to, results from the Standardized Testing and Reporting Program for 

demographically similar student populations in comparison schools; and information 

submitted by the charter school at least 30 days prior to the Board's decision. 

The district shall submit copies of supporting documentation and a written summary of 

the basis for its determination to the Superintendent of Public Instruction. 

(cf. 6162.51 - Standardized Testing and Reporting Program) 

e. Qualification for an alternative accountability system pursuant to Education Code 

52052(h) 



CHARTER SCHOOL RENEWAL, continued 

BP 420.42 (c) 

If the Board fails to make a written factual finding pursuant to items #1-5 above within the required time 

period, the absence of a written factual finding shall be deemed an approval of the renewal petition. (5 

CCR 11966.4) 

The Superintendent or designee shall provide notification to the California Department of Education, 

within 10 calendar days of the Board's action, whenever a renewal of the charter is granted or denied. 

(Education Code 47604.32; 5 CCR 11962.1) 

If the Board denies a renewal petition, the charter school may submit its application for renewal to the 

County Board of Education within 30 days of the Board's written factual findings supporting the denial. 

If the County Board then fails to deny or grant the petition within 60 days of receiving the petition, or 

within 90 days if extended by written mutual agreement of the charter school and the County Board, the 

charter school may submit the petition to the State Board of Education. 




52052 Alternative accountability system 


60600-60649 Assessment of academic achievement 









WEB SITES 









CHARTER SCHOOL REVOCATION 

BP 0420.43 (a) 

The Governing Board expects any charter school authorized by the Board to provide a sound 

educational program that promotes student learning and to comply with law and the terms of its charter. 

However, when necessary, the Board may revoke a charter before the date it is due to expire. 





The Board may revoke a charter whenever it makes a written factual finding, supported by substantial 

evidence, that the charter school has done any of the following: (Education Code 47607) 

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 student outcomes identified in the charter 

3. Failed to meet generally accepted accounting principles or engaged in fiscal mismanagement 

4. Violated any provision of law 

At least 72 hours prior to any Board meeting at which the Board will consider issuing a Notice of 

Violation, the Board shall provide the charter school with notice and all relevant documents related to 

the proposed action. (5 CCR 11968.5.2) 


If the Board takes action to issue a Notice of Violation, it shall deliver the Notice of Violation to the 

charter school's governing body. The Notice of Violation shall identify: (Education Code 47607; 5 CCR 

11965, 11968.5.2) 

1. The charter school's alleged violation(s). 

2. All evidence relied upon by the Board in determining that the charter school committed the 

alleged violation(s), including the date and duration of the alleged violation(s). The Notice shall 

show that the violation(s) are both material and uncured and that the alleged violation(s) 

occurred within a reasonable period of time before the Notice of Violation is issued. 

3. The period of time that the Board has concluded is a reasonable period of time for the charter 

school to remedy or refute the identified violation(s). In identifying this time period, the Board 

shall consider the amount of time reasonably necessary to remedy each identified violation, 

which may include the charter school's estimation as to the anticipated remediation time. 



CHARTER SCHOOL REVOCATION, continued 

BP 0420.43 (b) 

By the end of the remedy period identified in the Notice of Violation, the charter school's governing 

body may submit to the Board a detailed written response and supporting evidence addressing each 

identified violation, including the refutation, remedial action taken, or proposed remedial action. (5 

CCR 11968.5.2) 

Within 60 calendar days of the conclusion of the remedy period, the Board shall evaluate any response 

and supporting evidence provided by the charter school's governing body and shall take one of the 

following actions: (5 CCR 11968.5.2) 

1. Discontinue revocation of the charter and provide timely written notice of such action to the 

charter school's governing body 

2. If there is substantial evidence that the charter school has failed to remedy or refute to the 

Board's satisfaction a violation identified in the Notice of Violation, continue revocation of the 

charter by issuing a Notice of Intent to Revoke to the charter school's governing body 

If the Board issues a Notice of Intent to Revoke, it shall hold a public hearing concerning the revocation 

on the date specified in the notice, which shall be no later than 30 days after providing the notice. 

Within 30 calendar days after the public hearing, or within 60 calendar days if extended by written 

mutual agreement of the Board and the charter school, the Board shall issue a final decision to revoke or 

decline to revoke the charter. (Education Code 47607; 5 CCR 11968.5.2) 

If the Board fails to meet the timelines specified above for issuing a Notice of Intent to Revoke or a final 

decision, the revocation process shall be deemed terminated. (5 CCR 11968.5.2) 

Within 10 calendar days of the Board's final decision, the Superintendent or designee shall provide a 

copy of the final decision to the California Department of Education (CDE) and the County Board of 

Education. (Education Code 47604.32; 5 CCR 11968.5.2) 

Severe and Imminent Threat 

The procedures specified above shall not be applicable when the Board determines that any violation 

under Education Code 47607 constitutes a severe and imminent threat to the health or safety of students. 

In such circumstances, the Board may immediately revoke the school's charter by approving and 

delivering a Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or 

Safety to the charter school's governing body, the County Board, and the CDE. (Education Code 47607; 

5 CCR 11968.5.3) 

Appeals 

In the event that the Board revokes the charter, the charter school may, within 30 days of the Board's 

final decision, appeal the revocation to the County Board. Either the charter school or the district may 



CHARTER SCHOOL REVOCATION, continued 

BP 0420.43 (c) 

subsequently appeal the County Board's decision to the SBE. (Education Code 47607; 5 CCR 

11968.5.3-11968.5.5) 



47600-47616.7 Charter Schools Act of 1992, especially: 

47607 Charter renewals and revocations 


11960-11969 Charter schools, especially: 

11968.5-11968.5.5 Charter revocations 


Today's Fresh Start, Inc. v. Los Angeles County Office of Education, (2011) 197 Cal.App.4th 436 





WEB SITES 








Students 

DRUG TESTING 

BP 5131.61 (a) 

The Governing Board is committed to providing a safe, drug-free school environment to maximize the 

health and safety of district students and to protect them from dangers associated with illegal drug use 

and drug abuse. To support the district's drug abuse prevention efforts, the Board desires to establish a 

drug testing program in the district's high schools that will discourage illegal drug use among students 

and timely identify and refer drug users to appropriate counseling and rehabilitative services. 

(cf. 5131.6 - Alcohol and Other Drugs) 

(cf. 5131.63 - Steroids) 

Any drug testing program to be implemented in the district shall be developed in consultation with drug 

treatment and prevention professionals, the laboratory contracted to conduct the tests, and district legal 

counsel. In addition, the Superintendent or designee may invite input from students, staff, 

parents/guardians, community members, and representatives of local health care agencies, community 

service agencies, and businesses. 

(cf. 1020 - Youth Services) 

Drug testing procedures shall ensure appropriate student privacy while maintaining the viability of the 

process. If urinalysis testing is used, the supervisor collecting the specimen shall be the same gender as 

the student and the specimen shall be collected in a private facility behind a closed stall. 

Parents/guardians shall be notified after any positive test results are confirmed. Test results shall be kept 

separate from the student's other educational records and shall be disclosed only to school staff 

designated by the Superintendent or designee as responsible for program implementation. The district 

shall not release test results to law enforcement authorities except in compliance with a court order. 

(cf. 5125 - Student Records) 

The Superintendent or designee shall provide a copy of the district's policy and procedures on drug 

testing to students and parents/guardians at the beginning of each school year. 

(cf. 5145.6 - Parental Notifications) 

The Superintendent or designee shall provide training to principals, coaches, and other district staff 

involved in implementing the district's drug testing program. 

(cf. 4131 - Staff Development) 

(cf. 4231 - Staff Development) 

(cf. 4331 - Staff Development 



DRUG TESTING, continued 

Voluntary Drug Testing Program for All Students 

BP 5131.61 (b) 

The Superintendent or designee may establish and maintain a voluntary drug testing program. 

Participation in this program shall require the written consent of the student's parents/guardians. 

The Superintendent or designee shall provide information about the district's voluntary drug testing 

program to all high school students and their parents/guardians at the beginning of each school year. All 

informational materials provided for this purpose shall contain clear statements about how the program 

will be implemented, including, but not limited to, how students may be withdrawn from participation in 

the program. 

Students who test positive shall be encouraged to participate in an assistance program and may be 

required to take subsequent drug tests. No disciplinary or punitive action shall be taken against any 

student who tests positive in the voluntary drug testing program. 

(cf. 5141.6 - School Health Services) 

Random Drug Testing for Athletics/Extracurricular Activities 

The Superintendent or designee may establish a nonvoluntary, random drug testing program for students 

participating in athletics and/or extracurricular activities. 

(cf. 6145 - Extracurricular and Cocurricular Activities) 

(cf. 6145.2 - Athletic Competition) 

No fee shall be charged for student participation in the district's drug testing program. 

(cf. 3260 - Fees and Charges) 

The Superintendent or designee shall develop: 

1. Informational materials to be provided to participating students and their parents/guardians about 

the drug testing program 

The informational materials shall require parents/guardians to notify the school when their child 

is taking any medication by presenting either a copy of the prescription or a physician's written 

verification of this fact. 

2. A drug testing consent form to be signed by the student and his/her parent/guardian prior to 

allowing the student to participate in any athletic or extracurricular activity 

The consent form shall specify the substances to be tested for and shall clearly indicate that the 

consent can be withdrawn and that the only consequence for such withdrawal will be that the 

student will no longer be able to participate in the athletic or extracurricular activity. 



DRUG TESTING, continued 

BP 5131.61 (c) 

3. Procedures addressing how students will be selected, how often tests will be conducted, how 

samples will be collected and transported, and how results will be confirmed 

Any student participating in extracurricular activities who fails a required drug test shall be required to 

participate in an assistance program and shall again be tested one month after the positive test result. If 

the student fails the second or any subsequent drug test, or refuses to participate in the assistance 

program within 10 days of his/her being notified of the positive test result or to be tested again, he/she 

shall be disqualified from all extracurricular activities that require drug testing for participation. 

Any student participating in athletics who fails a required drug test shall be disqualified from 

participating in the athletic activity in accordance with district policy and shall be referred to an 

assistance program. 

At the beginning of each school year, the Superintendent or designee shall conduct an orientation 

session for students participating in athletics and extracurricular activities and their parents/guardians, to 

explain the district's policy and outline the procedures for drug testing and the consequences if a positive 

result is obtained. 



35160.5 District policy rules and regulations; requirements; matters subject to regulation 

44049 Known or suspected alcohol or controlled substance abuse by student 

51262 Use of anabolic steroids; legislative finding and declaration 


Article 9, Section 5 Common school system 


350 Fees not permitted 


Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, (2002) 122 S.Ct. 2559 

Vernonia School District v. Acton, (1995) 115 S.Ct. 2385 

Hartzell v. Connell, (1984) 35 Cal. 3d 899 


OFFICE OF NATIONAL DRUG CONTROL POLICY PUBLICATIONS 

What You Need To Know About Drug Testing in Schools, August 2002 

WEB SITES 

California Department of Education: http://www.cde.ca.gov 

National Institute on Drug Abuse: http://www.nida.nih.gov 

Office of National Drug Control Policy: http://www.whitehousedrugpolicy.gov 




Facilities 

CHARTER SCHOOL FACILITIES 

BP 7160 (a) 

The Governing Board believes that all students, including those attending charter schools, should have 

access to adequate facilities that are safe and support student learning. 

Facilities to be used by a charter school shall be specified in the school's charter pursuant to Education 

Code 47605 and also may be addressed in a written memorandum of understanding between the district 

and charter school. 



As applicable, charter school facilities shall comply with the California Building Standards Code 

adopted by the local building enforcement agency pursuant to 24 CCR 101 et seq. or the Field Act 

pursuant to Education Code 17280-17317 and 17365-17374. (Education Code 47610, 47610.5) 

Upon request, the Board shall make facilities available to an eligible charter school operating in the 

district, as defined in law and administrative regulation. In accordance with law, such facilities shall be 

contiguous, furnished, equipped, and sufficient to accommodate all the charter school's in-district 

students in conditions reasonably equivalent to those in which the students would be accommodated if 

they were attending other district schools. The Board shall make reasonable efforts to provide the charter 

school with facilities near where the charter school wishes to locate and shall not move the charter 

school unnecessarily. If the district's preliminary proposal or final notification of space does not 

accommodate the charter school at a single school site, the Board shall make a specific finding that the 

charter school could not be accommodated at a single site and shall adopt a written statement of reasons 

explaining the finding. (Education Code 47614; 5 CCR 11969.1-11969.10) 

(cf. 7110 - Facilities Master Plan) 

The district shall not be required to use unrestricted general fund revenues to rent, buy, or lease facilities 

for charter schools. (Education Code 47614) 

(cf. 3100 - Budget) 

The Superintendent or designee may assist eligible charter schools in applying for state facilities funding 

for new construction or rehabilitation of facilities pursuant to Education Code 17078.52-17078.66 and/or 

for rent and lease expenditures pursuant to Education Code 47614.5. 



17070.10-17080 Leroy F. Greene School Facilities Act of 1998, including: 

17078.52-17078.66 Charter schools facility funding; state bond proceeds 

17280-17317 Field Act 

46600 Interdistrict attendance agreements 

47600-47616.5 Charter Schools Act 

48204 Residency requirements for school attendance 



CHARTER SCHOOL FACILITIES, continued 


53094 Authority to render zoning ordinance inapplicable 

53097.3 Charter school ordinances 


1859.2 Definitions 

1859.31 Classroom inventory 

1859.160-1859.172 Charter school facilities program, new construction 


11969.1-11969.10 Charter school facilities 


Bullis Charter School v. Los Altos School District, (2011) 200 Cal.App.4th 1022 


Sequoia Union High School District v. Aurora Charter High School (2003) 112 Cal.App.4th 185 







Charter School Facilities and Proposition 39: Legal Implications for School Districts, 2005 

OFFICE OF PUBLIC SCHOOL CONSTRUCTION PUBLICATIONS 

School Facility Program Handbook, May 2008 

WEB SITES 


California Charter Schools Association: http://www.charterassociation.org 


Coalition for Adequate School Housing: http://www.cashnet.org 

Office of Public School Construction: http://www.opsc.dgs.ca.gov 

(7/08) 3/12 

BP 7160 (b) 



Facilities 

CHARTER SCHOOL FACILITIES 

Definitions 

AR 7160 (a) 

Average daily classroom attendance (ADA) or classroom ADA is ADA for classroom-based 

apportionment as used in Education Code 47612.5. (5 CCR 11969.2) 

In-district classroom ADA is classroom ADA attributable to in-district students. (5 CCR 11969.2) 

In-district students are those charter school students who are entitled to attend a district school. Students 

eligible to attend district schools based on an interdistrict attendance agreement or parent/guardian 

employment shall be considered students of the district where they reside. (5 CCR 11969.2) 

(cf. 5111.1 - District Residency) 

(cf. 5111.12 - Residency Based on Parent/Guardian Employment) 

(cf. 5117 - Interdistrict Attendance) 

Operating in the district means the charter school is either currently providing public education to indistrict 

students or has identified at least 80 in-district students who are meaningfully interested in 

enrolling in the charter school for the following year, regardless of whether the district is or is proposed 

to be the chartering entity and whether or not the charter school has a facility inside the district's 

boundaries. (Education Code 47614; 5 CCR 11969.2) 

Reasonably equivalent facilities are facilities that are sufficient to accommodate charter school students 

in conditions reasonably equivalent to those in which the students would be accommodated if they were 

attending other public schools of the district. Reasonable equivalency shall be determined based on a 

comparison group of district schools with similar grade levels, the capacity of facilities, and the 

condition of facilities, as described below in the section "Submission and Review of Facilities 

Requests." (5 CCR 11969.2, 11969.3) 

Furnished and equipped means the facilities include reasonably equivalent furnishing necessary to 

conduct classroom instruction and to provide for student services that directly support classroom 

instruction as found in the comparison group schools established under 5 CCR 11969.3(a) and that the 

facilities have equipment that is reasonably equivalent to the comparison group schools. Equipment 

means property that does not lose its identity when removed from its location and is not changed 

materially or consumed immediately (e.g., within one year). Equipment has relatively permanent value 

and its purchase increases the total value of the district's physical properties. Examples include furniture, 

vehicles, machinery, motion picture film, videotape, furnishings that are not an integral part of the 

building or building system, and certain intangible assets such as major software programs. Furnishings 

and equipment acquired for a school site with nondistrict resources are excluded when determining 

reasonable equivalence. (5 CCR 11969.2) 

Contiguous facilities are those facilities contained on a school site or immediately adjacent to a school 

site. If the in-district classroom ADA of the charter school cannot be accommodated on any single 




AR 7160 (b) 

school site, contiguous facilities also include facilities located at more than one site, provided that the 

district minimizes the number of sites assigned and considers student safety. If none of the districtoperated 

schools has grade levels similar to the charter school, then a contiguous facility shall be an 

existing facility that is most consistent with the needs of students in the grade levels served at the charter 

school. (5 CCR 11969.2, 11969.3) 

Conversion charter school is a charter school established through the conversion of an existing public 

school. (Education Code 47605) 

Eligibility for District Facilities 

A charter school shall be operating in the district, as defined above, before it submits a request for 

facilities. A new or proposed charter school operating in the district is eligible to request facilities for a 

particular fiscal year only if it submits its charter petition before November 1 of the fiscal year preceding 

the year for which facilities are requested. A new charter school is entitled to be allocated and/or 

provided access to facilities only if it receives approval of its charter petition before March 15 of the 

fiscal year preceding the year for which facilities are requested. (5 CCR 11969.9) 


Submission and Review of Facilities Requests 

The following procedures shall apply to a charter school's request for facilities: 

1. On or before November 1, a charter school shall submit a written request for facilities to the 

Superintendent or designee for the next fiscal year. The request shall include: (Education Code 

47614; 5 CCR 11969.2, 11969.9) 

a. Reasonable projections of in-district and total ADA and in-district and total classroom 

ADA, based on ADA claimed for apportionment, if any, in the fiscal year prior to the 

fiscal year in which the facilities request is made, adjusted for expected changes in 

enrollment in the forthcoming fiscal year 

Projections of in-district ADA, in-district classroom ADA, and the number of in-district 

students shall be broken down by grade level and by the district school that the students 

would otherwise attend. 

Nonclassroom ADA may be included in the ADA calculation only to the extent of 

instructional time that students generating nonclassroom ADA are actually in the 

classroom under the direct supervision and control of a charter school employee, and only 

if the district and the charter school agree upon the time(s) that the facilities devoted to 

students generating nonclassroom-based ADA will be used. 




b. A description of the methodology for the projections 

AR 7160 (c) 

c. If relevant (i.e., when a charter school is not yet open or to the extent an operating charter 

school projects a substantial increase in ADA), documentation of the number of indistrict 

students meaningfully interested in attending the charter school that is sufficient 

for the district to determine the reasonableness of the projection, but that need not be 

verifiable for precise arithmetical accuracy 

d. The charter school's operational calendar 

e. Information regarding the district's school site and/or general geographic area in which 

the charter school wishes to locate 

f. Information on the charter school's educational program that is relevant to assignment of 

facilities, if any 

In submitting a facilities request, the charter school shall use a form specified by the 

district. The charter school shall distribute a reasonable number of copies of the written 

request to parents/guardians, school staff, and/or other interested parties, or shall 

otherwise make the request available for review. 

2. On or before December 1, the district shall review the charter school's projections of in-district 

and total ADA and in-district and total classroom ADA, express any objections in writing, and 

state the projections the district considers reasonable. If the district does not express any 

objections in writing and state its own projections by the deadline, the charter school's 

projections are no longer subject to challenge and the district shall base its offer of facilities on 

those projections. (5 CCR 11969.9) 

3. On or before January 2, the charter school shall respond to any objections expressed by the 

district and to the district's attendance projections provided pursuant to item #2 above. The 

charter school shall reaffirm or modify its previous projections as necessary to respond to the 

information received from the district pursuant to item #2. If the charter school does not respond 

by January 2, the district's projections provided pursuant to item #2 are no longer subject to 

challenge and the district shall base its offer of facilities on those projections. (5 CCR 11969.9) 

4. The district shall determine what facilities it will offer to the charter school, ensuring that the 

facilities are reasonably equivalent to other district facilities. (5 CCR 11969.3) 

If a charter school was established through the conversion of an existing public school pursuant 

to Education Code 47605(a)(2), the condition of the facility previously used by the district shall 

be considered to be reasonably equivalent for the first year the charter school uses the facility. (5 

CCR 11969.3) 




AR 7160 (d) 

For any other charter school, reasonable equivalency shall be based on the following criteria as 

detailed in 5 CCR 11969.3: (5 CCR 11969.3) 

a. A comparison group of district schools with similar grade levels 

If a charter school's grade-level configuration is different from the configuration of the 

district's schools, the district shall not pay for the modification of a school site to 

accommodate the charter school's configuration. 

b. Capacity, including equivalency of the ratio of teaching stations (classrooms), specialized 

classroom space, and nonteaching space to ADA 

c. Condition of facilities, as determined by assessing such factors as age of facilities (from 

last modernization), quality of materials, and state of maintenance, including: 

1) School site size 

2) Condition of interior and exterior surfaces 

3) Condition of mechanical, plumbing, electrical, and fire alarm systems, including 

conformity to applicable codes 

4) Availability and condition of technology infrastructure 

5) Condition of the facility as a safe learning environment, including, but not limited 

to, the suitability of lighting, noise mitigation, and size for intended use 

6) Condition of the facility's furnishing and equipment 

7) Condition of athletic fields and/or play area space 

(cf. 7111 - Evaluating Existing Buildings) 

5. On or before February 1, the district shall prepare a written preliminary proposal regarding the 

space to be allocated to the charter school and/or to which the charter school is to be provided 

access. In evaluating and accommodating the charter school's request, the charter school's indistrict 

students shall be given the same consideration as students in the district's schools, subject 

to the requirement that the facilities provided must be contiguous. At a minimum, the 

preliminary proposal shall include: (5 CCR 11969.2, 11969.3, 11969.9) 

a. The projections of in-district classroom ADA on which the proposal is based 

b. The specific location(s) of the space 




AR 7160 (e) 

c. All conditions pertaining to the space, including a draft of any proposed agreement 

pertaining to the charter school's use of the space 

d. The projected pro rata share amount and a description of the methodology used to 

determine that amount 

e. A list and description of the comparison group schools used in developing the district's 

preliminary proposal and a description of the difference between the preliminary proposal 

and the charter school's request submitted pursuant to item #1 above 

6. On or before March 1, the charter school shall respond in writing to the district's preliminary 

proposal made pursuant to item #5 above and shall express any concerns, including differences 

between the preliminary proposal and the charter school's request, and/or make a counter 

proposal. (5 CCR 11969.9) 

7. On or before April 1, having reviewed any concerns and/or counter proposals made by the 

charter school pursuant to item #6 above, the district shall submit, in writing, a final notification 

of the space to be offered to the charter school. The notification shall include a response to the 

charter school's concerns and/or counter proposal, if any. The final notification shall specifically 

identify: (5 CCR 11969.9) 

a. The teaching stations, specialized classroom spaces, and nonteaching station spaces 

offered for the exclusive use of the charter school and the teaching stations, specialized 

classroom spaces, and nonteaching spaces to which the charter school is to be provided 

access on a shared basis with district-operated programs 

b. Arrangements for sharing any shared space 

c. The assumptions of in-district classroom ADA for the charter school upon which the 

allocation is based, and if the assumptions are different than those submitted by the 

charter school pursuant to item #3 above, a written explanation of the reasons for the 

differences 

d. The specific location(s) of the space 

e. All conditions pertaining to the space 

f. The pro rata share amount 

g. The payment schedule for the pro rata amount, which shall take into account the timing 

of revenues from the state and from local property taxes 




AR 7160 (f) 

8. By May 1 or within 30 days after the district notification pursuant to item #7 above, whichever is 

later, the charter school shall notify the district in writing whether or not it intends to occupy the 

offered space. (5 CCR 11969.9) 

The charter school's notification may be withdrawn or modified before this deadline. After the 

deadline, if the charter school has notified the district that it intends to occupy the offered space, 

the charter school is committed to paying the pro rata share amount as identified. If the charter 

school does not notify the district by this deadline that it intends to occupy the offered space, 

then the space shall remain available for district programs and the charter school shall not be 

entitled to use facilities of the district in the following fiscal year. (5 CCR 11969.9) 

Availability of Facilities 

The space allocated to the charter school by the district, or the space to which the district provides the 

charter school access, shall be furnished, equipped, and available for occupancy at least 10 working days 

prior to the first day of instruction of the charter school. For good cause, the district may reduce the 

period of availability to a period of not less than seven working days. (5 CCR 11969.9) 

Space allocated for use by the charter school, subject to sharing arrangements, shall be available for the 

charter school's entire school year regardless of the district's instructional year or class schedule. (5 

CCR 11969.5) 

For a conversion charter school, the school site identified in the school's charter shall be made available 

to the charter school for its second year of operation and thereafter upon annual request for facilities 

from the district pursuant to this administrative regulation. If, as a result of a material revision of the 

charter, either the location of the conversion charter school is changed or the district approves the 

operation of additional sites by the school, then the school may request, and the district shall provide, 

facilities in accordance with law, the revised charter, and this administrative regulation. (5 CCR 

11969.3) 

Written Agreement Regarding Facilities Operations 

The district and charter school shall negotiate an agreement regarding the use of and payment for the 

space which contains, at a minimum, the information included in the district's final notification pursuant 

to item #7 in the section "Submission and Review of Facilities Requests" above. (5 CCR 11969.9) 

A reciprocal hold-harmless/indemnification provision shall be established between the district and the 

charter school. The charter school shall maintain general liability insurance naming the district as an 

additional insured in order to indemnify the district for any damage and losses. The district shall 

maintain first party property insurance for the facilities allocated to the charter school. (5 CCR 11969.9) 

(cf. 3530 - Risk Management/Insurance) 




AR 7160 (g) 

Responsibilities for facility maintenance and improvements shall be as follows: (5 CCR 11969.4, 

11969.9) 

1. The district shall be responsible for: 

a. Modifications necessary to maintain the facility in accordance with applicable building 

codes pursuant to Education Code 47610 or 47610.5 

b. Replacement of district-provided furnishings and equipment in accordance with district 

schedules and practices 

c. Projects eligible to be included in the district's deferred maintenance plan 

2. The charter school shall be responsible for the ongoing operations and maintenance of facilities, 

furnishings, and equipment. 

The charter school shall not sublet or use the facilities for purposes other than those that are consistent 

with district policies and practices without permission of the Superintendent or designee. (5 CCR 

11969.5) 

(cf. 1330 - Use of School Facilities) 

Facilities, furnishings, and equipment provided to a charter school by the district shall remain the 

property of the district. (5 CCR 11969.4) 

The district may charge the charter school, in accordance with 5 CCR 11969.7, for a pro rata share of the 

district's facilities costs for activities related to keeping the physical plant open, comfortable, and safe 

for use and keeping the grounds, buildings, and equipment in working condition. Such activities include 

maintaining safety in buildings, on grounds, and in the vicinity of schools; plant maintenance and 

operations; facilities acquisition and construction; and facilities rents and leases. (Education Code 

47614; 5 CCR 11969.2) 

The charter school shall report actual in-district and total ADA and classroom ADA to the district every 

time that the charter school reports ADA for apportionment purposes. If the charter school generates less 

ADA than projected, the following provisions shall apply to any overallocated space: (Education Code 

47614; 5 CCR 11969.3, 11969.8, 11969.9) 

1. The charter school shall reimburse the district for the overallocated space as set forth in 5 CCR 

11969.8, unless the district agrees, in response to the notification by the charter school of 

overallocation, to exercise its sole discretion to use the overallocated space for district programs. 

2. In the case of a conversion charter school, the overallocated space shall not be subject to 

reimbursement under the following circumstances: 




AR 7160 (h) 

a. The school notifies the district, by February 1 of its first year of operation, that it will 

have overallocated space in the following fiscal year. In such cases, the district may 

occupy all or a portion of the space identified. A charter school that wants to recover 

space surrendered to the district shall apply to the district and the district shall evaluate 

the application in accordance with law and this administrative regulation. 

b. Based on the State Board of Education's waiver of attendance area requirements in 

Education Code 47605(d)(1), the district makes a decision, between November 1 and 

June 30, to change the school's attendance area in the forthcoming fiscal year. 

Mediation of Disputes 

If a dispute arises between the district and a charter school pursuant to Education Code 47614 or 5 CCR 

11969.1-11969.10, both parties may agree to settle the dispute using mediation, in accordance with the 

following procedures: (5 CCR 11969.10) 

1. If both parties agree to mediation, the initiating party shall select a mediator, subject to the 

agreement of the responding party. If the parties are unable to agree on a mediator, the initiating 

party shall request the CDE to appoint a mediator within seven days to assist the parties in 

resolving the dispute. The mediator shall meet with the parties as quickly as possible. 

2. Within seven days of the selection or appointment of the mediator, the party initiating the dispute 

resolution process shall send a notice to the responding party and the mediator. The notice shall 

include the following information: 

a. Name, address, and phone numbers of designated representatives of the parties 

b. A statement of the facts of the dispute, including information regarding the parties' 

attempts to resolve the dispute 

c. The specific sections of the statute or regulations that are in dispute 

d. The specific resolution sought by the initiating party 

3. Within seven days of receiving the notice, the responding party shall file a written response. 

4. The mediation shall be entirely informal in nature. Each party shall share copies of exhibits 

upon which its case is based with the other party. The relevant facts shall be elicited in a 

narrative fashion to the extent possible, rather than through examination and cross-examination 

of witnesses. 




AR 7160 (i) 

5. Any agreement reached by the parties shall be in writing and shall not set a precedent for any 

other case. 

6. The mediation shall be terminated if the district and the charter school fail to meet within the 

specified timelines, have not reached an agreement within 15 days from the first meeting held by 

the mediator, or if the mediator declares an impasse. 

7. The costs of the mediation shall be divided equally between the parties and paid promptly. 



Facilities 

GENERAL OBLIGATION BONDS 

BP 7214 (a) 

The Governing Board recognizes that school facilities are an essential component of the educational 

program and that the Board has a responsibility to ensure that the district's facilities needs are met in the 

most cost-effective manner possible. When the Board determines that it is in the best interest of district 

students, it may order an election on the question of whether bonds shall be issued for school facilities. 

(cf. 1160 - Political Processes) 


(cf. 7210 - Facilities Financing) 

The Board shall determine the appropriate amount of the bond in accordance with law. 

Bonds Requiring 55 Percent Approval by Local Voters 

The Board may decide to pursue the authorization and issuance of bonds by approval of 55 percent 

majority of the voters pursuant to Article 13A, Section 1(b)(3) and Article 16, Section 18(b) of the 

California Constitution. If two-thirds of the Board agree to such an 

election, the Board shall vote to adopt a resolution to incur bonded indebtedness if approved by a 55 

percent majority of the voters. (Education Code 15266) 

The bond election may only be ordered at a primary or general election, a statewide special election, or a 

regularly scheduled local election at which all of the electors of the school district are entitled to vote. 


Bonded indebtedness incurred by the district shall be used only for the following purposes: (California 

Constitution Article 13A, Section 1(b)(3) and 1(b)(3)(A)) 

1. The construction, reconstruction, rehabilitation, or replacement of school facilities, including the 

furnishing and equipping of school facilities 

2. The acquisition or lease of real property for school facilities 

The proposition approved by the voters shall include the following accountability requirements: 

(California Constitution Article 13A, Section 1(b)(3)) 

1. A requirement that proceeds from the sale of the bonds be used only for the purposes specified in 

items #1-2 above, and not for any other purposes including teacher and administrative salaries 

and other school operating expenses 

2. A list of specific school facility projects to be funded and certification that the Board has 

evaluated safety, class size reduction, and information technology needs in developing that list 

(cf. 0440 - District Technology Plan) 



GENERAL OBLIGATION BONDS, continued 

(cf. 0450 - Comprehensive Safety Plan) 

(cf. 6151 - Class Size) 

BP 7214 (b) 

1. A requirement that the Board conduct an annual, independent performance audit to ensure that 

the funds have been expended only on the specific projects listed 

2. A requirement that the Board conduct an annual, independent financial audit of the proceeds 

from the sale of the bonds until all of those proceeds have been expended for the school facilities 

projects 

If a district general obligation bond requiring a 55 percent majority is approved by the voters, the Board 

shall appoint an independent citizens' advisory oversight committee. This committee shall be appointed 

within 60 days of the date that the Board enters the election results in its minutes pursuant to Education 

Code 15274. (Education Code 15278) 


(cf. 9324 - Minutes and Recordings) 

The Superintendent or designee shall ensure that the annual, independent performance and financial 

audits conducted pursuant to items #3 and #4 above are issued in accordance with the U.S. Comptroller 

General's Government Auditing Standards. He/she shall submit the audits to the citizens' oversight 

committee by March 31 of each year. (Education Code 15286) 

Bonds Requiring 66.67 Percent Approval by Local Voters 

Bonds shall be sold to raise money for any of the following purposes: (Education Code 15100) 

1. Purchasing school lots 

2. Building or purchasing school buildings 

3. Making alterations or additions to school building(s) other than as may be necessary for current 

maintenance, operation, or repairs 

4. Repairing, restoring, or rebuilding any school building damaged, injured, or destroyed by fire or 

other public calamity 

5. Supplying school buildings and grounds with furniture, equipment, or necessary apparatus of a 

permanent nature 

6. Permanently improving school grounds 

7. Refunding any outstanding valid indebtedness of the district, evidenced by bonds or state school 

building aid loans 




8. Carrying out sewer or drain projects or purposes authorized in Education Code 17577 

9. Purchasing school buses with a useful life of at least 20 years 

BP 7214 (c) 

10. Demolishing or razing any school building with the intent to replace it with another school 

building, whether in the same location or in any other location 

Except for refunding any outstanding indebtedness, any of the purposes listed above may be united and 

voted upon as a single proposition by order of the Board and entered into the minutes. (Education Code 

15100) 

The Board may appoint a citizens' oversight committee to review and report to the Board and the public 

as to whether the expenditure of bond revenues complies with the intended purposes of the bond. 

Certificate of Results 

If the certificate of election results received by the Board shows that the appropriate majority of the 

voters are in favor of issuing the bonds, the Board shall record that fact in its minutes. The Board shall 

then certify to the county board of supervisors all proceedings it had in connection with the election 

results. (Education Code 15124, 15274) 

Resolution Regarding Sale of Bonds 

Following passage of the bond measure by the appropriate majority of voters, the Board shall pass a 

resolution to issue the sale of bonds. The resolution shall prescribe the total amount of bonds to be sold 

and may also prescribe the maximum acceptable interest rate, not to exceed eight percent, and the 

time(s) when the whole or any part of the principal of the bonds shall be payable, which shall not be 

more than 25 years from the date of the bonds. (Education Code 15140) 

Prior to the sale of bonds, the Board shall adopt, as an agenda item at a public meeting, another 

resolution, which includes all of the following items: (Education Code 15146) 

1. Express approval of the method of sale 

2. Statement of the reasons for the method of sale selected 

3. Disclosure of the identity of the bond counsel, and the identities of the bond underwriter and the 

financial adviser if either or both are utilized for the sale, unless these individuals have not been 

selected at the time the resolution is adopted, in which case the Board shall disclose their 

identities at the public meeting occurring after they have been selected 

4. Estimates of the costs associated with the bond issuance 




BP 7214 (d) 

After the sale, the Board shall be presented with the actual cost information and shall disclose that 

information at the Board's next scheduled meeting. The Board shall ensure that an itemized summary of 

the costs of the bond sale and all necessary information and reports regarding the sale are submitted to 

the California Debt and Investment Advisory Commission. (Education Code 15146) 



7054 Use of district property, campaign purposes 

15100-15254 Bonds for school districts and community college districts 

15264-15288 Strict Accountability in Local School Construction Bonds Act of 2000 

17577 Sewers and drains 

17584.1 Deferred maintenance, reports 

47614 Charter school facilities 

ELECTIONS CODE 

324 General election 

328 Local election 

341 Primary election 

348 Regular election 

356 Special election 

357 Statewide election 

1302 School district election 

15372 Elections official certificate 


1090-1099 Prohibitions applicable to specified officers 

1125-1129 Incompatible activities 

8855 California Debt and Investment Advisory Commission 

53580-53595.5 Bonds 

54952 Definition of legislative body, Brown Act 


Article 13A, Section 1 Tax limitation 

Article 16, Section 18 Debt limit 


San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District, (2006) 139 

Cal.App.4th 1356 






Legal Guidelines: Use of Public Resources for Ballot Measures and Candidates, Fact Sheet, February 2011 

WEB SITES 


California Debt and Investment Advisory Commission: http://www.treasurer.ca.gov/cdiac 

California Department of Education: http://www.cde.ca.gov 

California Office of Public School Construction: http://www.opsc.dgs.ca.gov 



Facilities 

GENERAL OBLIGATION BONDS 

AR 7214 (a) 

Cautionary Notice: As added and amended by SBX3 4 (Ch. 12, Third Extraordinary Session, Statutes of 

2009), ABX4 2 (Ch. 2, Fourth Extraordinary Session, Statutes of 2009), and SB 70 (Ch. 7, Statutes of 

2011), Education Code 42605 grants districts flexibility in "Tier 3" categorical programs and provides 

that districts are deemed in compliance with the program and funding requirements for these programs 

for the 2008-09 through 2014-15 fiscal years. As a result of this flexibility, the district may choose to 

temporarily suspend certain provisions of the following policy or administrative regulation that reflect 

these requirements. However, this flexibility does not affect or alter any existing contract or bargaining 

agreement that the district may have in place. Thus, districts should examine the terms of those 

contracts and agreements and consult with district legal counsel for additional guidance. Also, see BP 

2210-Adminstrative Discretion Regarding Board Policy. 

Election Notice 

Whenever the Governing Board orders an election on the question of whether general obligation bonds 

shall be issued for school facilities, the Superintendent or designee shall ensure that election notice and 

ballot requirements comply with Education Code 15120-15126 and 15272, as applicable. 

Citizens' Oversight Committee 

In the event that a bond is approved under the 55 percent majority threshold pursuant to Article 13A, 

Section 1(b)(3) and Article 16, Section 18(b) of the California Constitution, the district's citizens' 

oversight committee shall consist of at least seven members including, but not limited to: (Education 

Code 15282) 

1. One member active in a business organization representing the business community located 

within the district 

2. One member active in a senior citizens organization 

3. One member active in a bona fide taxpayers' organization 

4. One member who is a parent/guardian of a child enrolled in the district 

5. One member who is a parent/guardian of a district student and is active in a parent-teacher 

organization, such as the Parent Teacher Association or school site council 

(cf. 0420 - School Plans/Site Councils) 


(cf. 1230 - School-Connected Organizations) 




AR 7214 (b) 

Members of the citizens' oversight committee shall be subject to prohibitions regarding incompatibility 

of office pursuant to Government Code 1125-1129 and financial interest in contracts pursuant to 

Government Code 1090-1099. (Education Code 15282) 

(cf. 9270 - Conflict of Interest) 

No employee, Board member, vendor, contractor, or consultant of the district shall be appointed to the 

citizens' oversight committee. (Education Code 15282) 

Members of the citizens' oversight committee shall serve for a term of two years without compensation 

and for no more than two consecutive terms. (Education Code 15282) 

The purpose of the citizens' oversight committee shall be to inform the public concerning the 

expenditure of bond revenues. The committee shall actively review and report on the proper 

expenditure of taxpayers' money for school construction and shall convene to provide oversight for, but 

not limited to, the following: (Education Code 15278) 

1. Ensuring that bond revenues are expended only for the purposes described in Article 13A, 

Section 1(b)(3) of the California Constitution including the construction, reconstruction, 

rehabilitation, or replacement of school facilities, including the furnishing and equipping of 

school facilities, or the acquisition or lease of real property for school facilities 

2. Ensuring that, as prohibited by Article 13A, Section 1(b)(3)(A) of the California Constitution, no 

funds are used for any teacher and administrative salaries or other school operating expenses 

In furtherance of its purpose, the committee may engage in any of the following activities: (Education 

Code 15278) 

1. Receiving and reviewing copies of the annual, independent performance and financial audits 

required by Article 13A, Section 1(b)(3)(C) and (D) of the California Constitution 

(cf. 3460 - Financial Reports and Accountability) 

2. Inspecting school facilities and grounds to ensure that bond revenues are expended in 

compliance with the requirements of Article 13(A), Section 1(b)(3) of the California Constitution 

3. Receiving and reviewing copies of any deferred maintenance proposals or plans developed by 

the district, including any reports required by Education Code 17584.1 

4. Reviewing efforts by the district to maximize bond revenues by implementing cost-saving 

measures including, but not limited to, the following: 

a. Mechanisms designed to reduce the costs of professional fees 




b. Mechanisms designed to reduce the costs of site preparation 

c. Recommendations regarding the joint use of core facilities 

(cf. 1330.1 - Joint Use Agreements) 

AR 7214 (c) 

d. Mechanisms designed to reduce costs by incorporating efficiencies in school site design 

e. Recommendations regarding the use of cost-effective and efficient reusable facility plans 


The district shall, without expending bond funds, provide the citizens' oversight committee with any 

necessary technical assistance and shall provide administrative assistance in furtherance of the 

committee's purpose and sufficient resources to publicize the committee's conclusions. (Education Code 

15280) 

All citizens' oversight committee proceedings shall be open to the public and noticed in the same 

manner as proceedings of the Board. Committee meetings shall be subject to the provisions of the Ralph 

M. Brown Act. (Education Code 15280; Government Code 54952) 


The oversight committee shall issue regular reports, at least once a year, on the results of its activities. 

Minutes of the proceedings and all documents received and reports issued shall be a matter of public 

record and shall be made available on the district's web site. (Education Code 15280) 

(cf. 1340 - Access to District Records) 

The citizens' oversight committee may be disbanded following its review of the final performance and 

financial audits. 

Reports 

Within 30 days after the end of each fiscal year, the district shall submit to the County Superintendent of 

Schools a report concerning any bond election(s) containing the following information: (Education 

Code 15111) 

1. The total amount of the bond issue, bonded indebtedness, or other indebtedness involved 

2. The percentage of registered electors who voted at the election 

3. The results of the election, with the percentage of votes cast for and against the proposition 



SUBJECT: Board Committee Assignments for 2013 


RECOMMENDATION: Appoint Board Members to serve on committees 

BACKGROUND: Board members have a responsibility to build support for district 

policies, educational programs, fiscal condition, and progress on 

goals. Serving on district committees provides an opportunity for 

Board Members to give input, gain a better understanding, and 

become informed advocates for the district. 

I am recommending that board members be appointed to serve on 

the following district committees: 

� Career Technical Education 

� Technology 

� Modernization & Construction 

� Curriculum Advisory 

� Budget 



SUBJECT: Grant from Shasta Regional Community Foundation to the AUHS 

Surf Club 


RECOMMENDATION: Accept 

BACKGROUND: The Shasta Regional Community Foundation has generously 

granted an amount to the AUHS Surf Club for the purchase of surf 

boards and wetsuits. 

Award: $3,500 

REFERENCES: Notification letter 





SUBJECT: Single Site Plan for Student Achievement 2012/13 

West Valley High School 

PREPARER: Emmett Koerperich 


BACKGROUND: The Single Plan for Student Achievement (SPSA) is a plan to raise 

the academic performance of all students to the level of 

performance goals established under the California Academic 

Performance Index. California Education Code sections 41507, 

41572, and 64001 and the federal No Child Left Behind Act 

(NCLB) require each school to consolidate all school plans for 

programs funded through the School and Library Improvement 

Block Grant, the Pupil Retention Block Grant, the Consolidated 

Application, and NCLB Program Improvement into the Single Plan 

for Student Achievement. 

REFERENCES: Single Plan for Student Achievement 2012/13 


The Single Plan for Student Achievement 

West Valley High School 

45-69856-4530028 

CDS Code 

Date of this revision: October 31, 2012 

The Single Plan for Student Achievement (SPSA) is a plan of actions to raise the academic 

performance of all students to the level of performance goals established under the California 

Academic Performance Index. California Education Code sections 41507, 41572, and 64001 

and the federal No Child Left Behind Act (NCLB) require each school to consolidate all school 

plans for programs funded through the School and Library Improvement Block Grant, the Pupil 

Retention Block Grant, the Consolidated Application, and NCLB Program Improvement into the 

Single Plan for Student Achievement. 

For additional information on school programs and how you may become involved locally, 

please contact the following person: 

Contact Person: Emmett Koerrperich 

Position: Principal 

Telephone Number: (530) 347 – 7171 ext. 2211 

Address: 3805 Happy Valley Road, Cottonwood, CA 96022 

E-mail Address: ekoerperich@auhsd.net 


The District Governing Board approved this revision of the School Plan on________________. 

West Valley High School Single Plan for Student Achievement 1 


Name of District: Anderson Union High School District 

Superintendent: Tim Azevedo 

Phone: (530) 378 - 0568 

Name of School: West Valley High School 

Principal: Emmett Koerperich 

Phone: (530) 347 - 7171 

Documentation utilized to complete the School Action Plan: Focus Groups with parents, 

students, teachers, site administrators, and district office staff. API, AYP, CST, CAHSEE, 

standardized test participation, program diagnostic testing, graduation rates, school 

accountability report card, and school safety reports. 

Background Information: 

West Valley High School – the Home of the Eagles – is a comprehensive high school with a 

“can do” attitude. This attitude is exemplified in the school’s motto: Find A Way! This motto is 

taken to heart by administration, faculty, staff, students, and parents alike. 

Established in 1981, West Valley serves approximately 965 students in grades 9 – 12. The 

campus is a clean and safe facility, with excellent classified, certificated, and district support. It 

is one of eight schools in the Anderson Union High School District. The district consists of one 

continuation high school, one adult school, two community day schools, one independent study 

school, one charter high school, and two comprehensive high schools. West Valley High 

School (WVHS) serves the communities of Happy Valley and Cottonwood in southern Shasta 

County. It is predominantly a rural, agricultural area, geographically isolated from any 

metropolitan area. Nearly 20% of our students live outside our attendance boundary and yet 

choose to attend West Valley High School. To many, “It is a place they want to be.” 

In 1999 the school was recognized as a California Distinguished School and it is currently in the 

fourth year of a six-year term accreditation which ends June 30, 2015. The Western 

Association of Schools and Colleges (WASC) Accrediting Commission awarded this term. West 

Valley High School has become one of the most progressive schools in the county. In 2010, the 

school adopted a new vision which states that West Valley High School will become an elite 

school where all students learn at high levels. The complimentary mission is that all students 

will graduate “college and career ready”. These two statements have served as driving forces 

for the continuous school improvement efforts. In 2011, a student achievement period was built 

into the master schedule which is a proactive move to ensure academic success for all 

students. 

Each year Staff and Administration continue to improve many of the emergency procedures 

used throughout the year. The school conducts school safety drills to provide the best possible 

preparation for students and staff in the event of an emergency. West Valley High School 

utilizes the services of a Shasta County Sheriff’s deputy and a campus supervisor during school 

hours as well as during extracurricular activities. West Valley High School is a closed campus. 

All visitors must sign in through the main office and wear name tags while on campus. All 

students are issued a photo identification card (ASB). The school has three on-campus peer 

assistance groups: Students Helping Other People (SHOP), Link Crew, and Conflict 

Management, to help students with social problems. 



Form A: Planned Improvements in Student Performance 

The school site council has analyzed the academic performance of all student groups and has considered the effectiveness of key elements of the 

instructional program for students failing to meet API and AYP growth targets. As a result, it has adopted the following school goals, related 

actions, and expenditures to raise the academic performance of student groups not meeting state standards: 

SCHOOL GOAL # 1 West Valley will prepare all students to be “a-g” eligible upon graduation. 

(Based on conclusions from Analysis of Program Components and Student Data pages) 

1.1 WVHS will revise the course offerings to increase the percentage of graduates meeting the University of California “a-g” 

requirements. 

Student groups and grade levels to participate in this goal: 

All students enrolled in regular education courses. 

Means of evaluating progress toward this goal: 

� Annual assessment of the number of students who complete 

the most rigorous course offerings available. 


Anticipated annual performance growth for each group: 

Minimum expected annual growth is 10% up to the year 2016. Target 

is 60%. 

Percentage of Graduates Meeting California State University 

Requirements 

Year School District State 

2010-11 13% 10% 40% 

2011-12 17% N/A N/A 

2012-13 

Group data to be collected to measure academic gains: 

� Annual analysis of graduates who complete the “a-g” 

requirements. 


Actions to be Taken to Reach This Goal 1 

Consider all appropriate dimensions (e.g., Teaching 

and Learning, Staffing and Professional Development) 

1.1.1 Revise course offerings to make “a-g” the 

default curriculum for most students. 

1.1.2 Counselors implement 10 Year Academic and 

Career Plans. 

1.1.3 Course revisions: 

� Increase the number of American 

Sign Language Sections to provide 

opportunity for a greater number of 

students meeting the “e” requirement. 

� Increase the number of Discovering 

Algebra (intermediate Algebra) 

sections to better prepare students for 

and increase enrollment in Algebra II. 

� Articulate with Jr. High math teachers 

to prepare students for Algebra 1, 

Geometry and Algebra 2 

� Implement Ag Chemistry in the 

Agriculture course of study to increase 

the number of Ag Students meeting 

the “d” science requirement. 

Start Date 2 

Completion Date 

Spring 2011 

Spring 2013 

Fall 2012 

Fall 2012 

Spring 2013 

Fall 2013 


Proposed Expenditures 3 

.2 - .4 FTE 

Textbooks 

Counselor – 7 th and 8 th grade 

Textbooks 

Estimated 

Cost 

$7,000-$14,000 

TBD 

TBD 

TBD 

Funding 

Source 

AUHSD 

IMF 

Gear Up 

1 See Appendix B: Chart of Requirements for the SPSA for content required by each program or funding source supporting this goal. 

2 List the date an action will be taken or will begin, and the date it will be completed. 

3 If funds appropriate to this goal are allocated to the school through the Consolidated Application or other source, list each proposed 

expenditure, such as “middle grades reading tutor” or “laptop computer”, and the quantity to be acquired. Schools participating in programs for 

which the school receives no allocation may omit proposed expenditures. 


IMF





SCHOOL GOAL # 2 Increase the percentage of students scoring proficient and above on California Standards Tests (CST). 


2.1 WVHS will use data from district bench mark exams to drive instruction and to support remediation of students who have not 

mastered identified learning targets (standards). 


All students in grades 9-11. 



The expectation is to increase at least 1% every year for positive 

growth. 

CST ELA: Percent Proficient and Above 


2010-11 59% 50% 54% 

2011-12 61% 53% 56% 

2012-13 

CST Math: Percent Proficient and Above 


2010-11 39% 31% 50% 

2011-12 33% 28% 51% 

2012-13 

CST Science: Percent Proficient and Above 


2010-11 71% 58% 57% 

2011-12 60% 55% 60% 

2012-13 



� Monthly staff meetings 

� Regular monitoring of CST and benchmark testing data using 

School City system 

� Routine reviews of student placements for effectiveness 


CST History/Social Science: Percent Proficient and Above 


2010-11 53% 42% 48% 

2011-12 53% 41% 49% 

2012-13 

Group data to be collected to measure academic gains: 

� Benchmark assessment data and grade report monitoring 

(three-eight times per school year depending on department). 

� CST percent of proficient or advanced in ELA and math for all 

special education students. 

� Department-wide CST and CAHSEE longitudinal analysis to 

determine improvement trends (look for reduction in “far 

below basic” and “below basic” with increase in “proficient” 

and “advanced”) 



Consider all appropriate dimensions (e.g., Teaching 

and Learning, Staffing and Professional Development) 

2.1.1 Training and utilization of testing results (CST 

and CAHSEE) for all team members using 

School City software 

2.1.2 Continued development and alignment of 

district pacing guides and bench mark exams 

2.1.3 Discuss and evaluate progress of students 

utilizing the professional learning community 

format on collaboration days. 

2.1.4 Continue professional growth focus on best 

practices 

2.1.5 Analysis and utilization of student-level test 

strand analysis to formulate best practices for 

students on an individual basis. 

Start Date 5 


Ongoing 

Ongoing 

Ongoing 

Ongoing 

Ongoing 



Estimated 

Cost 

N/A 

N/A 

Funding 

Source 



6 If funds appropriate to this goal are allocated to the school through the Consolidated Application or other source, list each proposed 

expenditure, such as “middle grades reading tutor” or “laptop computer”, and the quantity to be acquired. Schools participating in programs for 

which the school receives no allocation may omit proposed expenditures. 






SCHOOL GOAL # 3 Increase the percentage of sophomore students passing the 10 th Grade California High School Exit Exam 

(CAHSEE). 


3.1 WVHS will provide focused instruction to the 9 th and 10 th grade English classes in preparation for the CAHSEE testing. 


All students in grades 9, 10, 11, and 12 enrolled in ELA courses. 



The expectation is to increase at least 1% every year for positive 

growth. 

CAHSEE ELA Grade 10 Passing Rate 


2010-11 93% 89% 82% 

2011-12 88% 84% 83% 

2012-13 

CAHSEE Math Grade 10 Passing Rate 


2010-11 95% 86% 83% 

2011-12 90% 82% 84% 

2012-13 



� Review “School City” student assessment data for 

effectiveness of the ELA and math programs. 


3.1.1 Review and update courses of study for ELA 

and math. 

3.1.2 Complete all grade level pacing guides to 

provide a viable and guaranteed curriculum 

3.1.3 Evaluate student benchmark results in ELA 

and math utilizing “School City” data 

management systems. 

3.1.4 Creation of “Frosh Academy” which is 

mandatory for all 9 th grade students. 

Start Date 8 


Ongoing 

Fall 2012 

Every 6-8 weeks 

Fall 2012 


Group data to be collected to measure gains: 

� Curriculum-embedded assessment data quarterly, or more 

frequently. 

� Percentage of students scoring 80% correct or better on the 

district bench mark assessments. 

� CAHSEE proficiency rates (380) for ELA. 

� CAHSEE ELA and Math pass and proficiency rates for 10 th 

grade special education students. 


Estimated 

Cost 



Funding 

Source 






SCHOOL GOAL # 4 Increase the numbers of graduates who are ready to do post-secondary level English and math. 


4.1 Using the CST Early Assessment Placement (EAP) results, seniors will be placed in the most appropriate and meaningful English 

and math classes. 

Staff to participate in this goal: 

All math and English teachers at WVHS in collaboration with the 

principal, assistant principal and curriculum coaches. 


� Bench mark assessment data every 6-8 weeks from students 

participating in the intervention program. 

� CST results indicating college readiness 



Minimum expected annual growth is 10% up to the year 2016. Target 

is 50%. 

EAP Test Results from 11 th Grade CST 

ELA Ready 

2009-10 2010-11 2011-12 

22% 18% N/A 

Math Ready 11% 4% N/A 

Group data to be collected to measure gains: 

� Seniors completing AP or CSU approved ERWC English 

courses 

� Percentage of seniors in Algebra 2 or higher level math 



4.1.1 Develop a plan to collect and analyze data 

from bench mark assessments. 

4.2.1 Continue to train all levels of English teachers 

in the CSU Expository Reading and Writing 

Program (ERWC). 

4.3.1 Continue to work with Shasta County Office of 

Education Math Task Force to develop 

curriculum and articulate with feeder districts 

4.4.1 Utilize new Shasta County 8 th grade Algebra 

Readiness Assessment for appropriate 

placement of 9 th grade math students 

Start Date 11 


Ongoing 

Ongoing 

Ongoing 

Spring 2013 



Estimated 

Cost 



Funding 

Source 


Form C: Programs Included in this Plan 

Check the box for each state and federal categorical program in which the school 

participates and, if applicable, enter amounts allocated. (The plan must describe the 

activities to be conducted at the school for each of the state and federal categorical 

program in which the school participates. If the school receives funding, then the plan 

must include the proposed expenditures.) 

State Programs Allocation 

X 

X 

X 

X 

X 

X 

California School Age Families Education 

Purpose: Assist expectant and parenting students succeed in 

school. 

Economic Impact Aid/ State Compensatory Education 

Purpose: Help educationally disadvantaged students succeed in 

the regular program. 

Economic Impact Aid/ English Learner Program 

Purpose: Develop fluency in English and academic proficiency 

of English learners 

High Priority Schools Grant Program 

Purpose: Assist schools in meeting academic growth targets. 

Instructional Time and Staff Development Reform 

Purpose: Train classroom personnel to improve student 

performance in core curriculum areas. 

Peer Assistance and Review 

Purpose: Assist teachers through coaching and mentoring. 

Pupil Retention Block Grant 

Purpose: Prevent students from dropping out of school. 

School and Library Improvement Program Block Grant 

Purpose: Improve library and other school programs. 

School Safety and Violence Prevention Act 

Purpose: Increase school safety (Campus Supervisor Salary) 

Tobacco-Use Prevention Education 

Purpose: Eliminate tobacco use among students. 

List and Describe Other State or Local funds: Gate Salaries 

$ 241,510, IMFRP $ 5,500, Lottery $ 69,095, ROP $ 183,617, 

MAA $ 70,262 


$ 

$ 72,692 

$ 2,100 

$ 

$ 

$ 3,000 

$ 

$ 

$ 18,224 

$ 

$ 569,984 

Total amount of state categorical funds allocated to this school $ 666,000 


Federal Programs under No Child Left Behind (NCLB) Allocation 

X 

Title I, Neglected 

Purpose: Supplement instruction for children abandoned, abused, 

or neglected who have been placed in an institution 

Title I, Part D: Delinquent 

Purpose: Supplement instruction for delinquent youth 

Title I, Part A: Schoolwide Program 

Purpose: Upgrade the entire educational program of eligible 

schools in high poverty areas 

Title I, Part A: Targeted Assistance Program 

Purpose: Help educationally disadvantaged students in eligible 

schools achieve grade level proficiency 

Title I, Part A: Program Improvement 

Purpose: Assist Title I schools that have failed to meet NCLB 

adequate yearly progress (AYP) targets for one or more identified 

student groups 

Title II, Part A: Teacher and Principal Training and Recruiting 

Purpose: Improve and increase the number of highly qualified 

teachers and principals 

Title II, Part D: Enhancing Education Through Technology 

Purpose: Support professional development and the use of 

technology 

Title III, Part A: Language Instruction for Limited-English- 

Proficient (LEP) Students 

Purpose: Supplement language instruction to help limited-Englishproficient 

(LEP) students attain English proficiency and meet 

academic performance standards 

Title IV, Part A: Safe and Drug-Free Schools and Communities 

Purpose: Support learning environments that promote academic 

achievement 

Title V: Innovative Programs 

Purpose: Support educational improvement, library, media, and 

at-risk students 

Title VI, Part B: Rural Education Achievement 

Purpose: Provide flexibility in the use of NCLB funds to eligible 

LEAs 

X Other Federal Funds (list and describe13 ) See attached list of 

programs 


$ 

$ 

$ 

$ 164,981 

$ 

$ 28,747 

$ 

$ 

$ 

$ 

$ 

$ 133,593 

Total amount of federal categorical funds allocated to this school $ 327,321 

Total amount of state and federal categorical funds allocated to this school $993,321 

13 For example, special education funds used in a School-Based Coordinated Program to serve 

students not identified as individuals with exceptional needs. 


Other Federal Funds – West Valley High School 

Resource 3205 Education Jobs Fund 0.0000 

Resource 3310 Special Education IDEA 99,925 

Resource 3550 Voc. Ed. 20,475 

Resource 4510 Indian Education 13,193 

Resource 5810 Gear Up 0.0000 

Total $133,593 



Form D: School Site Council Membership 

Education Code Section 64001(g) requires that the SPSA be reviewed and updated at 

least annually, including proposed expenditures of funds allocated to the through the 

Consolidated Application, by the school site council. The current make-up of the school 

site council is as follows: 14 

Names of Members 


Principal 

Emmett Koerperich X 

Classroom 

Teacher 

Other School 

Staff 

Parent or 

Community 

Member 

Secondary 

Student 

Zoe Koerperrich X 

Mark Chrasta X 

Kathi Schali X 

Shawn Martinez, Chairperson X 

Dawn Vietti X 

Shelby Weekly X 

Scott Booth X 

Dan Vietti X 

Rich Kipp X 

Susan Williams X 

Nina Dodson X 

Numbers of members of each category 1 2 3 3 3 

14 At elementary schools, the school site council must be constituted to ensure parity between (a) 

the principal, classroom teachers, and other school personnel, and (b) parents of students 

attending the school or other community members. Classroom teachers must comprise a 

majority of persons represented under section (a). At secondary schools there must be, in 

addition, equal numbers of parents or other community members selected by parents, and 

students. Members must be selected by their peer group. 


Form E: Recommendations and Assurances 

The school site council recommends this school plan and proposed expenditures to the 

district governing board for approval and assures the board of the following: 

1. The school site council is correctly constituted and was formed in accordance with 

district governing board policy and state law. 

2. The school site council reviewed its responsibilities under state law and district 

governing board policies, including those board policies relating to material changes 

in the school plan requiring board approval. 

3. The school site council sought and considered all recommendations from the 

following groups or committees before adopting this plan (Check those that apply): 

_X_ School Advisory Committee for State Compensatory Education Programs 

___ English Learner Advisory Committee 

___ Community Advisory Committee for Special Education Programs 

___ Gifted and Talented Education Program Advisory Committee 

___ Other (list) 

4. The school site council reviewed the content requirements for school plans of 

programs included in this Single Plan for Student Achievement and believes all such 

content requirements have been met, including those found in district governing 

board policies and in the LEA Plan. 

5. This school plan is based on a thorough analysis of student academic performance. 

The actions proposed herein form a sound, comprehensive, coordinated plan to 

reach stated school goals to improve student academic performance. 

6. This school plan was adopted by the school site council at a public meeting on: 

Attested: 

Emmett Koerperich ______ 

Typed name of school principal Signature of school principal Date 

Shawn Martinez _____________________________ 

Typed name of SSC chairperson Signature of SSC chairperson Date 



Resources 

This section contains the following appendices that will assist a school site 

council in completing the Single Plan for Student Achievement and in maintaining 

a cycle of continuous improvement: 

� Appendix A: Programs Funded through the Consolidated Application 

� Appendix B: Chart of Requirements for the Single Plan for Student 

Achievement 

� Appendix C: Sample School and Student Performance Data Forms 

� Appendix D: Demographic Data Summary 

� Appendix E: Analysis of Current Instructional Program 

� Appendix F: Use of Resources 

� Appendix G: Acronyms and Specialized Terms 




SUBJECT: Medical Biology Pilot Course 

PREPARER: Marrianne Williams 


BACKGROUND: This course was introduced at Administrative Cabinet and 

recommended to the Curriculum Advisory Committee (CAC). CAC 

which approved the course on Dec. 21, 2012 to be presented to 

the board for adoption. 

REFERENCES: Course Outline 














SUBJECT: Quarterly Report of Williams Uniform Complaints 


RECOMMENDATION: Information only 

BACKGROUND: Under the historic Williams v. California Settlement, every student 

in California is guaranteed the right to: 

A qualified, permanent teacher in every class 

Instruction to help pass the CAHSEE after completion of grade 

12 

Textbooks and instructional materials to use in class and at 

home 

Clean and safe schools and classrooms 

The district is responsible for compliance with federal and state 

laws and regulations. Persons may file a complaint under the 

Uniform Complaint Procedure if they feel guaranteed rights have 

been violated. 

Anderson Union High School District has not received any 

complaints during this reporting period. Enclosed is a copy of the 

report which was filed with the Shasta County Office of Education. 




SUBJECT: CAHSEE Waivers 

PREPARER: Charlie Kennedy, Director of Special Education 


BACKGROUND: The parents/guardians of students with disabilities may request 

that the AUHSD Governing Board waive the requirement that 

their child successfully pass the California High School Exit 

Exam (CAHSEE) in order to receive a diploma. 

The students listed on the agenda have taken the CAHSEE with 

a modification, as determined by the State Board of Education, 

that fundamentally alters what the test measures and has 

achieved the equivalent of a passing score on one or both parts 

of the exam. 

The student qualifies for a waiver because he/she satisfies all of 

the following conditions: 

1. Has an individualized education program (IEP) adopted 

pursuant to the Individuals with Disabilities Education Act or 

a Section 504 plan which requires that test modifications be 

provided to the student when taking the CAHSEE. 

2. Has sufficient high school level coursework either 

satisfactorily completed or in progress in the District-adopted 

curriculum sufficient to have attained the skill and knowledge 

otherwise needed to pass the CAHSEE. 

3. Has an individual score report showing that he/she has 

achieved the equivalent of a passing score for the CAHSEE 

(350 or more points) using a modification. 



SUBJECT: Introduction of the openers from the AUHSDTA for negotiations for 

the 2013/14 fiscal year 

PREPARERS: Rick Copus, Lead Negotiator 


BACKGROUND: The Certificated unit is presenting an initial proposal for 

negotiations for the 2013/14 year. The district may annually 

negotiate salaries and health/welfare benefits, and in addition, the 

district and association may reopen with an additional two articles 

each. 

REFERENCES: Proposal 




SUBJECT: Memorandum of Understanding with Tehama County Department 

of Education for services related to Beginning Teacher Support 

and Assessment (BTSA) 



BACKGROUND: Beginning Teacher Support and Assessment (BTSA) is a statefunded 

induction program, co-sponsored by the California 

Department of Education (CDE) and the Commission on Teacher 

Credentialing (CCTC) designed to support the professional 

development of newly-credentialed, beginning teachers and fulfill 

the requirements for the California Clear Multiple and Single 

Subjects Credentials. 

The services to be provided by Tehama County are provided in the 

MOU. 

REFERENCES: Memorandum of Understanding 





SUBJECT: Resolution authorizing the issuance of AUHSD General Obligation 

Bonds, Election of 2012, Series A, and actions related thereto 



BACKGROUND: This resolution requests that the Shasta County Board of 

Supervisors issue $5,000,000 of the first series of bonds under the 

authorization in an aggregate principal amount, to be designated 

as “Anderson Union High School District (Shasta County, 

California), General Obligation Bonds, Election of 2012, Series A 

(the “Bonds”). 

REFERENCES: Resolution #12-13-1-1 



RESOLUTION NO. 12-13-1-1 

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE ANDERSON 

UNION HIGH SCHOOL DISTRICT, SHASTA COUNTY, CALIFORNIA, 

AUTHORIZING THE ISSUANCE OF ANDERSON UNION HIGH SCHOOL 

DISTRICT (SHASTA COUNTY, CALIFORNIA), GENERAL OBLIGATION 

BONDS, ELECTION OF 2012, SERIES A, AND ACTIONS RELATED 

THERETO 

WHEREAS, a duly called election was held in the Anderson Union High School 

District (the “District”), Shasta County (the “County”), State of California, on November 6, 

2012 (the “Election”) and thereafter canvassed pursuant to law; 

WHEREAS, at such election there was submitted to and approved by the requisite 

vote of fifty-five percent or more of the qualified electors of the District a question as to the 

issuance and sale of general obligation bonds of the District for various purposes set forth in 

the ballot submitted to the voters, in the maximum amount not to exceed $12,300,000, 

payable from the levy of an ad valorem tax against the taxable property in the District (the 

“Authorization”); 

WHEREAS, at this time this Board of Trustees (the “Board”) has determined that it is 

necessary and desirable to request the issuance by the Board of Supervisors of the County 

(the “County Board”) of the first series of bonds under the Authorization in an aggregate 

principal amount not-to-exceed $5,000,000 and to be designated as “Anderson Union High 

School District (Shasta County, California), General Obligation Bonds, Election of 2012, 

Series A (the “Bonds”); 

WHEREAS, the District has received a qualified certification in the most recent 

interim report; 

WHEREAS, the County Board shall issue the Bonds on behalf of the District 

pursuant to Chapter 1.5 of Part 10 of Division 1 of Title 1 of the California Education Code 

(commencing with Section 15264 et seq.) (the “Act”) for the purposes set forth in the ballot 

submitted to voters at the Election; 

WHEREAS, pursuant to Section 265 of the Internal Revenue Code of 1986, as 

amended (the “Code”), under certain circumstances, certain obligations the interest on 

which is excluded from gross income for federal income tax purposes under Section 103 of 

the Code may be designated by the issuer thereof as “qualified tax-exempt obligations,” 

thereby allowing certain financial institutions that are holders of such qualified tax-exempt 

obligations to deduct for federal income tax purposes a portion of such institution’s interest 

expense that is allocable to such qualified tax-exempt obligations, all as determined in 

accordance with Sections 265 and 291 of the Code; and 

WHEREAS, this Board wishes to designate the Bonds as “qualified tax-exempt 

obligations” within the meaning of Section 265(b)(3) of the Code; 

1 


WHEREAS, this Board desires to authorize the issuance of the Bonds in one or 

more series of taxable or tax-exempt bonds, and further as any combination of current 

interest bonds, capital appreciation bonds, or convertible capital appreciation bonds; 

WHEREAS, this Board desires to appoint certain professionals to provide services 

related to the issuance of the Bonds; and 

WHEREAS, all acts, conditions and things required by law to be done or performed 

have been done and performed in strict conformity with the laws authorizing the issuance of 

general obligation bonds of the District, and the indebtedness of the District, including this 

proposed issue of Bonds, is within all limits prescribed by law; 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE 

ANDERSON HIGH UNION SCHOOL DISTRICT AS FOLLOWS: 

SECTION 1. Purpose; Authorization. To raise money for the purposes authorized 

by voters of the District at the Election and to pay all necessary legal, financial and 

contingent costs in connection with the issuance of the Bonds, this Board hereby petitions 

the County Board to authorize the issuance of the Bonds pursuant to the Act and to order 

such Bonds sold at a negotiated sale such that the Bonds shall be dated as of a date to be 

determined by said County Board, shall bear interest at a rate not-to-exceed that authorized 

at the Election, shall be payable upon such terms and provisions as shall be set forth in the 

Bonds and shall be in an aggregate principal amount not-to-exceed $5,000,000. The Board 

hereby approves the sale of the Bonds at a negotiated sale, which is determined to provide 

more flexibility in the timing of the sale, an ability to implement the sale in a shorter time 

period, an increased ability to structure the Bonds to fit the needs of particular purchasers, 

and a greater opportunity for Stone & Youngsberg, a Division of Stifel Nicolaus (the 

“Underwriter”) to pre-market the Bonds to potential purchasers prior to the sale, all of which 

will contribute to the District’s goal of achieving the lowest overall cost of funds. The Board 

estimates that the costs associated with the issuance of the Bonds, including compensation 

to the Underwriter and any such costs which the Underwriter agrees to pay pursuant to the 

Purchase Contract, will equal approximately 3.0% of the principal amount of the Bonds. 

This Board hereby authorizes the issuance of the Bonds as any combination of 

current interest bonds, capital appreciation bonds, and convertible capital appreciation 

bonds, subject to the provisions of a resolution of the County Board relating to the Bonds 

(the “County Resolution”). 

SECTION 2. Paying Agent. This Board does hereby authorize the appointment of 

the U.S. Bank National Association as the authenticating agent, bond registrar, transfer 

agent and paying agent (collectively, the “Paying Agent”) for the Bonds issued by the Board 

of Supervisors of the County on behalf of the District. The District acknowledges that 

ongoing expenses and fees of the Paying Agent and all other fees and costs incurred in 

connection with the Bonds will be paid by the District. 

SECTION 3. Tax Covenants. 

(a) With respect to Bonds issued as tax-exempt bonds, the District hereby 

covenants with the holders of such Bonds that, notwithstanding any other provisions of this 

2 


Resolution, it will (1) comply with all of the provisions of the County Resolution relating to 

the Rebate Fund (as defined therein) and perform all acts necessary to be performed by the 

District in connection therewith, and (2) make no use of the proceeds of the Bonds or of any 

other amounts, regardless of the source, or of any property or take any action, or refrain 

from taking any action, that would cause the Bonds to be “arbitrage bonds” within the 

meaning of Section 148 of the Code. 

The District will not make any use of the proceeds of the Bonds or any other funds of 

the District, or take or omit to take any other action, that would cause the Bonds to be 

“private activity bonds” within the meaning of Section 141 of the Code or “federally 

guaranteed” within the meaning of Section 149(b) of the Code. To that end, so long as any 

Bonds are unpaid, the District, with respect to such proceeds and such other funds, will 

comply with all requirements of such Sections and all regulations of the United States 

Department of the Treasury issued thereunder and under Section 103 of the Internal 

Revenue Code of 1986, as amended, to the extent such requirements are, at the time, 

applicable and in effect. 

The District will not use or permit the use of its facilities or any portion thereof by any 

person other than a governmental unit as such term is used in Section 141 of the Code, in 

such manner or to such extent as would result in the loss of exclusion from gross income for 

federal income tax purposes of the interest paid on the Bonds. In furtherance of the 

foregoing tax covenants of this Section 3(a), the District covenants that it will comply with 

the instructions and requirements of that certain Tax Certificate to be executed and 

delivered by the District on the date of issuance of such tax-exempt Bonds, which is 

incorporated herein as if fully set forth herein. These covenants shall survive the payment 

in full or defeasance of the Bonds. 

SECTION 4. Legislative Determinations. This Board determines that all acts and 

conditions necessary to be performed by the Board or to have been met precedent to and in 

the issuing of the Bonds in order to make them legal, valid and binding general obligations 

of the District have been performed and have been met, or will at the time of delivery of the 

Bonds have been performed and have been met, in regular and due form as required by 

law; and that no statutory or constitutional limitation of indebtedness or taxation will have 

been exceeded in the issuance of the Bonds. 

SECTION 5. Official Statement. The Preliminary Official Statement relating to the 

Bonds, substantially in the form on file with the Clerk of the Board, is hereby approved and 

the Superintendent of the District (the “Superintendent”), the Chief Business Official of the 

District (the “CBO”), or a designated deputy thereof (collectively, the “Authorized Officers”), 

each alone, are hereby authorized and directed, for and in the name and on behalf of the 

District, to deliver such Preliminary Official Statement to the Underwriter to be used in 

connection with the offering and sale of the Bonds. The Authorized Officers, each alone, 

are hereby authorized and directed, for and in the name and on behalf of the District, to 

deem the Preliminary Official Statement “final” pursuant to 15c2-12 of the Securities 

Exchange Act of 1934, prior to its distribution and to execute and deliver to the Underwriter, 

a final Official Statement substantially in the form of the Preliminary Official Statement, with 

such changes therein, deletions therefrom and modifications thereto as the Authorized 

Officer executing the same shall approve. The Underwriter is hereby authorized to 

3 


distribute copies of the Preliminary Official Statement to persons who may be interested in 

the purchase of the Bonds and is directed to deliver copies of any final Official Statement to 

the purchasers of the Bonds. Execution of the Official Statement shall conclusively 

evidence the District’s approval of the Official Statement. 

SECTION 6. Purchase Contract. The form of the purchase contract for the Bonds 

(the “Purchase Contract”) on file with the Clerk of the Board is hereby approved. In 

connection with the sale of the Bonds, the Board authorizes the Authorized Officers, each 

alone, on behalf of the District, to execute and deliver to the Underwriter a Purchase 

Contract for the Bonds, with such terms and conditions as may be acceptable to such 

official; provided, however, that the interest rate on the Bonds shall not exceed that 

authorized at the Election, the underwriting discount (excluding original discount) shall not 

exceed 1.0% of the aggregate principal amount of the Bonds issued, and the aggregate 

principal amount of the Bonds shall not exceed $5,000,000. 

SECTION 7. Continuing Disclosure. The District hereby covenants and agrees 

that it will comply with and carry out all of the provisions of that certain Continuing 

Disclosure Certificate executed by the District and dated the date of issuance and delivery 

of the Bonds, as originally executed and as it may be amended from time to time in 

accordance with the terms thereof. Any Bondholder may take such actions as may be 

necessary and appropriate, including seeking mandate or specific performance by court 

order, to cause the District to comply with its obligations under this Section. Noncompliance 

with this Section shall not result in acceleration of the Bonds. 

SECTION 8. Professional Services. The District hereby appoints Stradling Yocca 

Carlson & Rauth, a Professional Corporation, San Francisco, California as Bond Counsel 

and Disclosure Counsel in connection with the issuance of the Bonds. The District hereby 

appoints Stone & Youngberg, a Division of Stifel Nicolaus, San Francisco, California as 

Underwriter in connection with the issuance of the Bonds. The District hereby also appoints 

Isom Advisors, A Division of Urban Futures, Inc., Walnut Creek, California, as Financial 

Advisor to the District in connection with the issuance of the Bonds. 

SECTION 9. Designation as Qualified Tax-Exempt Obligation. Based on the 

following representations, the Bonds are hereby designated as “qualified tax-exempt 

obligations” within the meaning of Section 265(b)(3) of the Code: (i) the Bonds are not 

private activity bonds within the meaning of Section 141 of the Code; (ii) the District, 

together with all of its subordinate entities, has not issued obligations (other than those 

obligations described in clause (iv) below) in calendar year 2013 the interest on which is 

excluded from gross income for federal income tax purposes under Section 103 of the 

Code; (iii) the District reasonably anticipates that it, together with its subordinate entities, will 

issue during the remainder of calendar year 2013 obligations (other than those obligations 

described in clause (iv) below) the interest on which is excluded from gross income for 

federal income tax purposes under to Section 103 of the Code which, when aggregated with 

all obligations described in clause (ii) above, will not exceed an aggregate principal amount 

of $10,000,000; (iv) and notwithstanding clauses (ii) and (iii) above, the District and its 

subordinate entities may have issued in calendar year 2013 and may continue to issue 

during the remainder of calendar year 2013 private activity bonds other than qualified 

501(c)(3) bonds as defined in Section 145 of the Code. 

4 


SECTION 10. Action Regarding Qualified Tax-Exempt Obligation. Appropriate 

officials of the District are hereby authorized and directed to take such other actions as may 

be necessary to designate the Bonds as “qualified tax-exempt obligations,” including, if 

either deemed necessary or appropriate, placing a legend to such effect on the form of 

Bonds in such form as either deemed necessary or appropriate. 

SECTION 11. Resolution to Treasurer and Tax Collector. The Clerk of this 

Board is hereby directed to provide a certified copy of this Resolution to the Treasurer and 

Tax Collector of the County immediately following its adoption. 

SECTION 12. Recitals. All the recitals in this Resolution above are true and correct 

and this Board so finds, determines and represents. 

SECTION 13. Effective Date. This Resolution shall take effect immediately upon 

its passage. 

PASSED, ADOPTED AND APPROVED this 15 th day of January, 2013, by the 

following vote: 

ATTEST: 

AYES: MEMBERS 

NOES: MEMBERS 

ABSTAIN: MEMBERS 

ABSENT: MEMBERS 

____________________________ 

Secretary of the Board of Trustees 

5 

President of the Board of Trustees 


SECRETARY’S CERTIFICATE 

I, _________________, Secretary to the Board of Trustees of the Anderson Union 

High School District, hereby certify as follows: 

The foregoing is a full, true and correct copy of a resolution duly adopted at a regular 

meeting of the Board of Trustees of said District duly and regularly and legally held at the 

regular meeting place thereof on January 15, 2013, of which meeting all of the members of 

the Board of said District had due notice and at which a quorum was present. 

I have carefully compared the same with the original minutes of said meeting on file 

and of record in my office and the foregoing is a full, true and correct copy of the original 

resolution adopted at said meeting and entered in said minutes. 

Said resolution has not been amended, modified or rescinded since the date of its 

adoption, and the same is now in full force and effect. 

Dated: January 15, 2013 

6 

By: 

Secretary 



SUBJECT: Resolution establishing a Citizens’ Bond Oversight Committee and 

Approving Bylaws 



BACKGROUND: This resolution certifies that the district may authorize and 

establish a Citizens’ Bond Oversight Committee. Proposed bylaws 

of the committee are also recommended for adoption. 

REFERENCES: Resolution #12-13-1-2 



RESOLUTION NO. 12-13-1-2 

RESOLUTION OF THE BOARD OF TRUSTEES OF THE ANDERSON UNION 

HIGH SCHOOL DISTRICT ESTABLISHING A CITIZENS’ BOND OVERSIGHT 

COMMITTEE AND APPROVING BYLAWS THEREFORE 

WHEREAS, the Board of Trustees of the Anderson Union High School District (the 

“District”) previously adopted a resolution requesting Shasta County (the “County”) to call an 

election for general obligation bonds (the “Bond Election”) to be held on November 6, 2012; and 

WHEREAS, notice of the Bond Election was duly given; and on November 6, 2012 the 

Bond Election was duly held and conducted for the purpose of voting a measure for the issuance of 

bonds of the District in the amount of $12,300,000 (“Measure C”); and 

WHEREAS, based on the Canvass and Statement of Results for the County, more than fiftyfive 

percent of the votes cast on the Measure C were in favor of issuing the aforementioned bonds; 

and 

WHEREAS, the Board of Trustees of the District wishes hereby to establish an independent 

citizens’ bond oversight committee in connection with any issuance of bonds under Measure C and to 

approve Bylaws governing such committee. 

NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE ANDERSON UNION HIGH 

SCHOOL DISTRICT DOES HEREBY FIND, DETERMINE AND CERTIFY AS FOLLOWS: 

Section 1. Authorization. Measure C was authorized pursuant to paragraph (3) of 

subdivision (b) of Section 1 of Article XIIIA of the California Constitution and subdivision (b) of 

Section 18 of Article XVI of the California Constitution in accordance with the requirements of the 

Strict Accountability In Local School Construction Bonds Act of 2000 (the “Act”). 

Section 2. Establishment of Committee. An independent citizens’ bond oversight committee 

(the “Committee”) is hereby established for the purposes set forth in the Act. 

Section 3. Bylaws. The Committee shall operate pursuant to the Board approved Bylaws. 

The Committee shall have only those responsibilities granted to them in the Act and in the Bylaws. 

The Bylaws, as submitted herewith and attached hereto, are hereby approved. 

Section 4. Other Actions. Officers of the Board and members of the Committee established 

hereunder are hereby authorized and directed, jointly and severally, to do any and all things and to 

execute and deliver any and all documents which they may deem necessary or advisable in order to 

give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken 

by such officers, officials and staff are hereby ratified, confirmed and approved. 


ADOPTED, SIGNED AND APPROVED this 15th day of January, 2013. 

BOARD OF TRUSTEES OF THE ANDERSON 

UNION HIGH SCHOOL DISTRICT 

ATTEST: 

2 

President 

Secretary 


STATE OF CALIFORNIA ) 

)ss 

SHASTA COUNTY ) 

I, _________________________________, do hereby certify that the foregoing Resolution 

No. __________ was duly adopted by the Board of Trustees of the Anderson Union High School 

District at a meeting thereof held on 15th day of January, 2013 and that it was so adopted by the 

following vote: 

AYES: 

NOES: 

ABSENT: 

ABSTENTIONS: 

By: 

A-1 

Secretary 


CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS 

Section 1. Committee Established. The Anderson Union High School District (the 

“District”) was successful at the election conducted on November 6, 2012 (the “Bond Election”) in 

obtaining authorization from the District’s voters to issue up to $12,300,000 aggregate principal 

amount of the District’s general obligation bonds (“Measure C”). The election was conducted under 

Proposition 39, being chaptered as the Strict Accountability in Local School Construction Bonds Act 

of 2000, at Section 15264 et seq. of the Education Code of the State (“Prop 39”). Pursuant to 

Section 15278 of the Education Code, the District is now obligated to establish the Committee in 

order to satisfy the accountability requirements of Prop 39. The Board of Trustees of the Anderson 

Union High School District (the “Board”) hereby establishes the Citizens’ Bond Oversight 

Committee (the “Committee”) which shall have the duties and rights set forth in these Bylaws. The 

Committee does not have legal capacity independent from the District. 

Section 2. Purposes. The purposes of the Committee are set forth in Prop 39, and these 

Bylaws are specifically made subject to the applicable provisions of Prop 39 as to the duties and 

rights of the Committee. The Committee shall be deemed to be subject to the Ralph M. Brown 

Public Meetings Act of the State of California and shall conduct its meetings in accordance with the 

provisions thereof. The District shall provide necessary administrative support to the Committee as 

shall be consistent with the Committee's purposes, as set forth in Prop 39. 

The proceeds of general obligation bonds issued pursuant to the Election are hereinafter 

referred to as “bond proceeds.” The Committee shall confine itself specifically to bond proceeds 

generated under Measure C. Regular and deferred maintenance projects and all monies generated 

under other sources shall fall outside the scope of the Committee’s review. 

Section 3. Duties. To carry out its stated purposes, the Committee shall perform only the 

following duties: 

3.1 Inform the Public. The Committee shall inform the public concerning the District’s 

expenditure of bond proceeds. In fulfilling this duty, all official communications to either the Board 

or the public shall come from the Chair acting on behalf of the Committee. The Chair shall only 

release information that reflects the majority view of the Committee. 

3.2 Review Expenditures. The Committee shall review expenditure reports produced by 

the District to ensure that (a) bond proceeds were expended only for the purposes set forth in the 

Measure C; and (b) no bond proceeds were used for teacher or administrative salaries or other 

operating expenses in compliance with Attorney General Opinion 04-110, issued on 

November 9, 2004. 

3.3 Annual Report. The Committee shall present to the Board, in public session, an 

annual written report which shall include the following: 

(a) A statement indicating whether the District is in compliance with the 

requirements of Article XIIIA, Section 1(b)(3) of the California Constitution; and 

year. 

(b) A summary of the Committee's proceedings and activities for the preceding 


3.4 Duties of the Board/Superintendent. Either the Board or the Superintendent, as the 

Board shall determine, shall have the following powers reserved to it, and the Committee shall have 

no jurisdiction over the following types of activities: 

(a) Approval of contracts; 

(b) Approval of change orders; 

(c) Expenditures of bond funds; 

(d) Handling of all legal matters; 

(e) Approval of project plans and schedules; 

(f) Approval of all deferred maintenance plans; and 

(g) Approval of the sale of bonds. 

3.5 Measure C Projects Only. In recognition of the fact that the Committee is charged 

with overseeing the expenditure of bond proceeds, the Board has not charged the Committee with 

responsibility for: 

(a) Projects financed through the State of California, developer fees, 

redevelopment tax increment, certificates of participation, lease/revenue bonds, the general 

fund or the sale of surplus property without bond proceeds shall be outside the authority of 

the Committee. 

(b) The establishment of priorities and order of construction for the bond 

projects, which shall be made by the Board in its sole discretion. 

(c) The selection of architects, engineers, soils engineers, construction managers, 

project managers, CEQA consultants and such other professional service firms as are 

required to complete the project based on District criteria established by the Board in its sole 

discretion. 

(d) The approval of the design for each project including exterior materials, paint 

color, interior finishes, site plan and construction methods (modular vs. permanent) which 

shall be determined by the Board in its sole discretion. 

(e) The selection of independent audit firm(s), performance audit consultants and 

such other consultants as are necessary to support the activities of the Committee. 

(f) The approval of an annual budget for the Committee that is sufficient to carry 

out its activities. 

(g) The appointment or reappointment of qualified applicants to serve on the 

Committee, subject to legal limitations, and based on criteria adopted in the Board’s sole 

discretion as part of carrying out its function under Prop 39. 

2 


Section 4. Authorized Activities. 

4.1 In order to perform the duties set forth in Section 3.0, the Committee may engage in 

the following authorized activities: 

(a) Receive and review copies of the District's annual independent performance 

audit and annual independent financial audit, required by Article XIIIA of the California 

Constitution. 

(b) Inspect school facilities and grounds for which bond proceeds have been or 

will be expended, in accordance with any access procedure established by the District's 

Assistant Superintendent, Business Services. 

(c) Review copies of deferred maintenance plans developed by the District. 

(d) Review efforts by the District to maximize bond proceeds by implementing 

various cost-saving measures. 

Section 5. Membership. 

5.1 Number. 

The Committee shall consist of at least seven (7) members appointed by the Board of 

Trustees from a list of candidates submitting written applications, and based on criteria 

established by Prop 39, to wit: 

� One (1) member shall be the parent or guardian of a child enrolled in the District. 

� One (1) member shall be both a parent or guardian of a child enrolled in the District 

and active in a parent-teacher organization, such as the P.T.A. or a school site 

council. 

� One (1) member active in a business organization representing the business 

community located in the District. 

� One (1) member active in a senior citizens' organization. 

� One (1) member active in a bona-fide taxpayers association. 

� Two (2) members of the community at-large. 

5.2 Qualification Standards. 

(a) To be a qualified person, he or she must be at least 18 years of age. 

(b) The Committee may not include any employee, official of the District or any 

vendor, contractor or consultant of the District. 

5.3 Ethics: Conflicts of Interest. Members of the Committee are not subject to Articles 4 

(commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 

3 


of the Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.), and are not 

required to complete the Form 700. However, each member shall comply with the Committee Ethics 

Policy attached as "Attachment A" to these Bylaws. 

5.4 Term. Except as otherwise provided herein, each member shall serve a term of two 

(2) years, commencing on the date of the first meeting of the Committee. No member may serve 

more than two (2) consecutive terms. At the Committee’s first meeting, members will draw lots or 

otherwise select a minimum of two members to serve for an initial one (1) year term and the 

remaining members for an initial two (2) year term. 

5.5 Appointment. Members of the Committee shall be appointed by the Board through 

the following process: (a) the District will advertise in the local newspapers, on its website and in 

other customary forums as well as solicit appropriate local groups for applications; (b) the 

Superintendent will review the applications; and (c) the Superintendent will make recommendations 

to the Board. 

5.6 Removal; Vacancy. The Board may remove any Committee member for any reason, 

including failure to attend two consecutive Committee meetings without reasonable excuse or for 

failure to comply with the Committee Ethics Policy. Upon a member's removal, his or her seat shall 

be declared vacant. The Board, in accordance with the established appointment process shall fill any 

vacancies on the Committee. The Board shall seek to fill vacancies within 90 days of the date of 

occurrence of a vacancy. Members whose terms have expired may continue to serve on the 

Committee until their successor has been appointed. 

5.7 Compensation. The Committee members shall not be compensated for their services. 

5.8 Authority of Members. (a) Committee members shall not have the authority to direct 

staff of the District; (b) individual members of the Committee retain the right to address the Board, 

either on behalf of the Committee or as an individual; (c) the Committee shall not establish subcommittees 

for any purpose; and (d) the Committee shall have the right to request and receive copies 

of any public records relating to Measure C funded projects. 

Section 6. Meetings of the Committee. 

6.1 Regular Meetings. The Committee shall meet at least once a year, but no more 

frequently than quarterly. 

6.2 Location. All meetings shall be held within the Anderson Union High School 

District, located in Shasta County, California. 

6.3 Procedures. All meetings shall be open to the public in accordance with the Ralph M. 

Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to such 

additional procedural rules as the Committee may adopt. A majority of the number of Committee 

members shall constitute a quorum for the transaction of any business. 

Section 7. District Support. 

7.1 The District shall provide to the Committee necessary technical and administrative 

assistance as follows: 

4 


(a) preparation of and posting of public notices as required by the Brown Act, 

ensuring that all notices to the public are provided in the same manner as notices regarding 

meetings of the District Board; 

(b) provision of a meeting room, including any necessary audio/visual 

equipment; 

(c) preparation and copies of any documentary meeting materials, such as 

agendas and reports; and 

(d) retention of all Committee records, and providing public access to such 

records on an Internet website maintained by the District. 

7.2 District staff and/or District consultants shall attend Committee proceedings in order 

to report on the status of projects and the expenditure of bond proceeds. 

Section 8. Reports. In addition to the Annual Report required in Section 3.2, the 

Committee may report to the Board from time to time in order in order to advise the Board on the 

activities of the Committee. Such report shall be in writing and shall summarize the proceedings and 

activities conducted by the Committee. 

Section 9. Officers. The Superintendent shall appoint the initial Chair. Thereafter, the 

Committee shall elect a Chair and a Vice-Chair who shall act as Chair only when the Chair is absent. 

The Chair and Vice-Chair shall serve in such capacities for a term of one year and may be re-elected 

by vote of a majority of the members of the Committee. 

Section 10. Amendment of Bylaws. Any amendment to these Bylaws shall be approved 

by a majority vote of the Board of Trustees of the District. 

Section 11. Termination. The Committee shall automatically terminate and disband 

concurrently with the Committee’s submission of the final Annual Report which reflects the final 

accounting of the expenditure of all Measure C monies. 

5 


CITIZENS' BOND OVERSIGHT COMMITTEE 

ETHICS POLICY STATEMENT 

This Ethics Policy Statement provides general guidelines for Committee members in carrying 

out their responsibilities. Not all ethical issues that Committee members face are covered in this 

Statement. However, this Statement captures some of the critical areas that help define ethical and 

professional conduct for Committee members. The provisions of this Statement were developed 

from existing laws, rules, policies and procedures as well as from concepts that define generally 

accepted good business practices. Committee members are expected to strictly adhere to the 

provisions of this Ethics Policy. 

POLICY 

� CONFLICT OF INTEREST. A Committee member shall not make or influence a 

District decision related to: (1) any contract funded by bond proceeds, or (2) any construction project 

which will benefit the Committee member's outside employment, business, or a personal finance or 

benefit an immediate family member, such as a spouse, child or parent. 

� OUTSIDE EMPLOYMENT. A Committee member shall not use his or her authority 

over a particular matter to negotiate future employment with any person or organization that relates 

to: (1) any contract funded by bond proceeds, or (2) any construction project. A Committee member 

shall not make or influence a District decision related to any construction project involving the 

interest of a person with whom the member has an agreement concerning current or future 

employment, or remuneration of any kind. For a period of two (2) years after leaving the Committee, 

a former Committee member may not represent any person or organization for compensation in 

connection with any matter pending before the District that, as a Committee member, he or she 

participated in personally and substantially. Specifically, for a period of two (2) years after leaving 

the Committee, a former Committee member and the companies and businesses for which the 

member works shall be prohibited from contracting with the District with respect to: (1) bidding on 

projects funded by the bond proceeds; and (2) any construction project. 

� COMMITMENT TO UPHOLD LAW. A Committee member shall uphold the 

federal and California Constitutions, the laws and regulations of the United States and the State of 

California (particularly the Education Code) and all other applicable government entities, and the 

policies, procedures, rules and regulations of the Anderson Union High School District. 

� COMMITMENT TO DISTRICT. A Committee member shall place the interests of 

the District above any personal or business interest of the member. 

6 








SUBJECT: Commercial Warrants and Payroll Distributions 

PREPARER: Donell Evans, CBO 

RECOMMENDATION: Ratify Warrants and Distributions 

BACKGROUND: This is a monthly warrant summary for both 

commercial warrants and payroll distributions. 

REFERENCE: Education Code Sections 42632 and 42633. 



AUHSD ENROLLMENT 

2011/12 

Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. April May June 

AUHS 635 629 628 620 619 606 602 588 587 580 580 

WVHS 969 966 956 950 947 944 937 929 927 925 925 

NVHS 80 93 98 103 102 106 105 109 103 95 95 

CDS 14 13 14 15 16 20 18 18 14 15 14 

OHS 90 106 124 135 132 119 133 141 131 131 131 

Total 1788 1807 1820 1823 1816 1795 1795 1785 1762 1746 1745 

ANTHS 220 221 220 219 218 220 223 214 213 211 211 

ADULT 104 154 173 168 206 210 252 273 284 286 286 

2012/13 

Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. April May June 

AUHS 699 698 698 691 684 

WVHS 975 971 962 957 954 

NVHS 73 81 79 81 79 

OHS 65 68 73 80 82 

Total 1812 1818 1812 1809 1799 0 0 0 0 0 0 

ANTHS 219 221 222 221 218 

ADULT 120 161 191 206 205

Anderson Union High School District

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