Report 2016-141 All Recommendation Responses
Report 2016-141: Charter Schools: Some School Districts Improperly Authorized and Inadequately Monitored Out‑of‑District Charter Schools (Release Date: October 2017)
Recommendation for Legislative Action
To ensure that districts obtain community support for charter schools that they authorize, the Legislature should amend state law to further clarify the conditions prospective charter schools must meet to qualify for the geographic exception. For example, the Legislature could clarify whether prospective charter schools qualify for the exception when their petitions indicate that they will serve primarily students residing outside the authorizing district's jurisdiction.
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deleted the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district, because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To ensure that districts obtain community support for charter schools that they authorize, the Legislature should amend state law to require any district that is considering authorizing an out of district charter school to notify the school's host district 30 days in advance of the board meeting at which the potential authorizing district is scheduled to make its authorization decision. The Legislature should also require the potential authorizing district to hold the public hearing within the host district's boundaries, notwithstanding restrictions in the State's Ralph M. Brown Act that would otherwise require the hearing to occur in the authorizing district.
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: November 2022
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To reduce the need for litigation between authorizing districts and host districts, the Legislature should establish an appeals process through which districts can resolve disputes related to establishing out of district charter schools.
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deleted the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district, because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To ensure charter school accountability, the Legislature should amend state law to require districts to strengthen their authorization processes by using the State Education Board's criteria for evaluating charter school petitions.
Description of Legislative Action
The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.
- Legislative Action Current As-of: November 2022
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To ensure charter school accountability, the Legislature should amend state law to require charter schools to report annually all of their school locations—including school sites, resource centers, and administrative offices—to their authorizers and Education.
Description of Legislative Action
The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.
- Legislative Action Current As-of: November 2022
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To remove the financial incentive for districts to authorize out of district charter schools, the Legislature should amend state law to prohibit districts from charging fees for additional services above the actual cost of services provided.
Description of Legislative Action
The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.
- Legislative Action Current As-of: November 2022
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To ensure that authorizers have adequate tools and guidance for providing effective financial oversight, the Legislature should require the State Education Board and Education to work with representatives from county offices of education, representatives from districts, and subject matter experts such as FCMAT, to either establish a committee or work with an existing committee to report to the Legislature recommendations on establishing a minimum reserve requirement for charter schools, defining criteria that would allow authorizers to revoke or deny renewal of schools' charters for financial mismanagement despite increases in academic achievement, and developing a template that authorizers can use to provide their charter schools with annual feedback on their financial condition.
Description of Legislative Action
The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.
- Legislative Action Current As-of: November 2022
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To ensure that districts are aware of significant issues that may impact the out of district charter schools they authorize, the Legislature should amend state law to require each district to place a district representative as a nonvoting member on each out of district charter school's governing board and allow such a representative to attend all meetings of the charter school's governing board.
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deleted the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district and authorizes a charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, to continue to operate that site until the charter school submits a request for the renewal of its charter petition. This statute authorizes a charter school to continue operating that site if, before submitting the request for the renewal of the charter petition, the charter school first obtains written approval from the school district where the site is operating.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district and authorizes a charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, to continue to operate that site until the charter school submits a request for the renewal of its charter petition. This statute authorizes a charter school to continue operating that site if, before submitting the request for the renewal of the charter petition, the charter school first obtains written approval from the school district where the site is operating.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
No longer necessary. AB 1507 (Chapter 487, Statutes of 2019) Deletes the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district and authorizes a charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, to continue to operate that site until the charter school submits a request for the renewal of its charter petition. This statute authorizes a charter school to continue operating that site if, before submitting the request for the renewal of the charter petition, the charter school first obtains written approval from the school district where the site is operating. .
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation for Legislative Action
To ensure that charter schools improve the educational outcomes of their students, the Legislature should amend state law to require authorizers to annually assess whether their charter schools are meeting the academic goals established in their charters.
Description of Legislative Action
The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.
- Legislative Action Current As-of: November 2022
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of October 17, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
Legislation has not been introduced to address this specific recommendation.
- Legislative Action Current As-of: April 2018
California State Auditor's Assessment of 6-Month Status: No Action Taken
Recommendation #10 To: Acton-Agua Dulce Unified School District
To make certain that it authorizes only qualified petitions, Acton-Agua Dulce Unified should revise its charter school authorization policy to require the documentation of its evaluation of charter school petitions. The district should present this documentation to its governing board for its consideration.
1-Year Agency Response
-AADUSD District Staff has continued to implement a rigorous review process for all charter petitions submitted for approval, renewal, or material revision. A Charter Review Matrix is used which covers all elements of Education Code 47605 and incorporates the State Board of Education's standards for assessing charter petitions contained at Title 5 of the California Code of Regulations, Section 11967.5.1. The Staff's recommendation and the completed Matrix are submitted to the Board for its review and consideration before the Board takes action.
The District has revised and updated the charter school policy and Charter Review Matrix to include all changes in charter school law. Practices, procedures and guidelines have been revised in the areas of academic, operational and financial oversight and compliance. (See policy, pages 9-12.) The AADUSD Board of Trustees approved the new charter policy and Matrix on October 11, 2018. The new charter policy is being fully implemented by the District.
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Acton-Agua Dulce Unified provided a copy of its updated charter school policy, which specifies that the district will use the charter review matrix that it also updated.
6-Month Agency Response
The District's staff has reviewed and updated the charter school policy to include changes in charter law and refine some of the practices and procedures regarding academic and financial oversight. The Board has been presented with these updates and action will be taken on these items in June 2018.
- Estimated Completion Date: June 2018
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
AADUSD District Staff has continued to implement a rigorous review process for all charter petitions submitted for approval, renewal, or material revision. A Charter Review Matrix is used which covers all elements of Education Code 47605 and incorporates the State Board of Education's standards for assessing charter petitions contained at Title 5 of the California Code of Regulations, Section 11967.5.1. The Staff's recommendation and the completed Matrix are submitted to the Board for its review and consideration before the Board takes action.
The District's staff has begun to review and update the charter school policy to include changes in charter law and refine some of the practices and procedures regarding academic and financial oversight. The Board will be presented with these updates in May 2018.
- Estimated Completion Date: May 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
Recommendation #11 To: Acton-Agua Dulce Unified School District
To ensure that it has a method to hold charter schools accountable for their educational programs, Acton-Agua Dulce Unified should, as a best practice, strengthen its authorization process by using the State Education Board's criteria for evaluating petitions.
Annual Follow-Up Agency Response From October 2022
On October 13, 2022, the District's Board of Trustees adopted an updated charter school policy (submitted with this response). At the beginning of the section on Charter Petition Review, it commits the District to applying the SBE's criteria for charter petition review: "The District's review of charter petitions is guided first and foremost by the Charter Schools Act. Any amendments to the Act or any other statutes that are relevant to charter petition review will be immediately incorporated into the District's petition review process. The District also follows the California Department of Education's regulations on charter schools contained in Title 5, Division, 1, Chapter 11, Subchapter 19 of the California Code of Regulations (5 CCR section section 11960 et seq.), and in particular the District uses the State Board of Education's criteria for evaluating charter petitions contained in 5 CCR section 11967.5.1 to the extent these regulations do not conflict with more recent amendments to the Charter Schools Act."
- Completion Date: October 2022
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Acton-Agua Dulce Unified has added a reference to the SBE's criteria in its charter school policy and updated its matrix to incorporate SBE criteria.
Annual Follow-Up Agency Response From October 2021
The District has always used the State Board of Education's criteria for evaluating charter petitions. On August 11, 2021, the District's Board adopted an updated "matrix," or checklist, to help guide charter petition review that contains all of the SBE's criteria as found in Title 5, Section 11967.5.1 of the California Code of Regulations. The updated matrix was prepared through the collaboration of the Butte County Office of Education, Shasta County Office of Education, and the Charter Accountability and Resources Network (CARSNET). The updated matrix is submitted with this response.
- Completion Date: August 2021
California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented
Although Acton-Agua Dulce Unified has made progress in aligning its petition matrix with the State Board of Education's criteria, it is still missing some elements. Specifically, the petition's matrix does not specifically require charter petitions to submit a preliminary list of offenses for which students in the charter school must and may be suspended or expelled. In addition, it does not require charter petitions to outline how detailed policies and procedures regarding suspension and expulsion will be developed and periodically reviewed.
Further, Acton-Agua Dulce Unified continues to make optional certain elements of the State Board of Education's criteria related to independent audits and the State Teachers' Retirement System. By noting that these elements are not required under law, but "strongly suggested to be included to ensure that the petition is reasonably comprehensive," Acton-Agua Dulce Unified's matrix does not align with the State Board of Education's criteria, which defines these details as elements that should be required "at a minimum" to be considered reasonably comprehensive.
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From October 2020
The Charter office has revised and updated the Matrix to include all changes in charter school law, and the Matrix continues to incorporate the SBE's evaluation criteria.
The District's Charter Review Matrix has always incorporated the State Board of Education's criteria for evaluating petitions. The Matrix that is currently in use is completed, and shared with the Board for its review and consideration before the Board takes action on a charter petition.
The current District's Charter School Policy states that the District's charter review process, including its Matrix, incorporates the State Board of Education criteria (pg. 6) and the Matrix in fact incorporates the SBE criteria. The Charter School Policy also states that charter petitions must include a reasonably comprehensive description of, among other things, "(B) Measurable pupil outcomes, including the extent to which all pupils demonstrate that they have attained the skills, knowledge, and attitudes specified as goals for school wide and subgroups and as aligned to state and school priorities This Recommendation has been fully implemented.
- Completion Date: October 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district failed to provide evidence supporting its assertions.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From November 2019
The District refers the State Auditor to its October 2018 response: "The District's Charter Review Matrix has always incorporated the State Board of Education's criteria for evaluating petitions. Staff completes the Matrix and shares it with the Board for its review and consideration before the Board takes action on a charter petition. The District has revised and updated the Matrix to include all changes in charter school law, and the Matrix continues to incorporate the SBE's evaluation criteria. The AADUSD Board of Trustees approved the new Matrix on October 11, 2018."
In the State Auditor's 2018 comments, it claims that the District "did not fully address several of the elements required by the State Board of Education's criteria for evaluating petitions." As is apparent from the State Auditor's 2018 comments for multiple Recommendations, the State Auditor has only identified two items: that measurable pupil outcomes address increases in pupil academic achievement schoolwide and for all groups of pupils, and that pupil outcomes align to state priorities. The State Auditor alleges that the District's charter petition review process does not consider these two items. That is incorrect.
The District's Charter School Policy states that the District's charter review process, including its Matrix, incorporates the State Board of Education criteria (pg. 6) and the Matrix in fact incorporates the SBE criteria. The Charter School Policy also states that charter petitions must include a reasonably comprehensive description of, among other things, "(B) Measurable pupil outcomes, including the extent to which all pupils demonstrate that they have attained the skills, knowledge, and attitudes specified as goals for school wide and subgroups and as aligned to state and school priorities." The State Auditor's 2018 response to Recommendation 12 acknowledged this. This Recommendation has been fully implemented.
- Completion Date: October 2018
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district did not provide any new evidence to support its assertions. As we note on page 34 of our audit report, the Legislature recognized that the term "reasonably comprehensive" is somewhat subjective, and it required the State Education Board to establish criteria for evaluating charter school petitions. Because we observed weaknesses in the authorization process of all three districts, including Acton-Agua Dulce Unified, we recommended that the districts should strengthen their authorization process by using the State Education Board's criteria for evaluating petitions.
Although the district's previously provided policy states that its matrix "incorporates best practices and the State Board of Education's criteria for charter petition review," the matrix sections related to "reasonably comprehensive" descriptions has remained mostly unchanged since the time of our audit, in which we noted that the district's policy and matrix were weaker than the State Education Board's criteria in 7 of the 16 areas we reviewed. The district has not made any significant updates to these particular sections, and thus it cannot demonstrate that it has incorporated any of the State Education Board's criteria since the time of our audit. In fact, we noted one instance in which the district's matrix actually weakened its requirements. Specifically, the district removed one of its previous criteria that required petitions to include a "process for resolving audit exceptions to satisfaction of granting agencies". Because the district did not provide any evidence of its incorporation of the State Education Board's criteria, we conclude that no action has been taken.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
1-Year Agency Response
- The District's Charter Review Matrix has always incorporated the State Board of Education's criteria for evaluating petitions. Staff completes the Matrix and shares it with the Board for its review and consideration before the Board takes action on a charter petition. The District has revised and updated the Matrix to include all changes in charter school law, and the Matrix continues to incorporate the SBE's evaluation criteria. The AADUSD Board of Trustees approved the new Matrix on October 11, 2018.
Implementation Date: December 12, 2013.
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, our audit determined that the district's charter school policy did not fully address several of the elements required by the State Education Board's criteria for evaluating petitions. In addition, the updated Charter Review Matrix does not make any reference to the State Education Board's criteria nor does it contain the 2013 amendments to state law regarding measurable student outcomes. Specifically, state law requires that pupil outcomes include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school. State law also requires pupil outcomes to align with state priorities.
6-Month Agency Response
AADUSD has a principal point of contact between the district and its charter schools to handle both routine and formal communications. A representative physically visits all district charter school sites at least once during the school year. AADUSD is in its first year of implementing Epicenter, an online resource used to collect all charter school reporting requirements. Charter schools prepare an Annual Charter School Review Document to compare data year over year, a yearly meeting is conducted with charter staff to review the FCMAT annual oversight checklist, and a report is taken to the district's governing board to review the charters' program and progress.
- Completion Date: August 2017
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Although Acton-Agua Dulce Unified stated that it fully implemented our recommendation, the district did not provide any new evidence to support its assertion.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
District Staff has continued to implement a rigorous review process for all charter petitions submitted for approval, renewal, or material revision. A Charter Review Matrix is used which covers all elements of Education Code 47605 and incorporates the State Board of Education's standards for assessing charter petitions contained at Title 5 of the California Code of Regulations, Section 11967.5.1. The Staff's recommendation and the completed Matrix are submitted to the Board for its review and consideration before the Board takes action.
The District's existing policy and practice is to provide charter schools with timely feedback and recommendations regarding academic performance. The District's annual charter school oversight report addresses academic performance. The District visits sites or participates in online classes at least annually for each charter, as well as, looks at state and benchmark data. The District is incorporating steps for working with charter schools with poor performance results.
- Completion Date: August 2017
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, our audit determined that the district's charter school policy did not fully address several of the elements required by the State Education Board's criteria for evaluating petitions. In addition, the referenced Charter Review Matrix does not make any reference to the State Education Board's criteria nor does it require petitions to include all of the elements listed within the matrix. Further, the district did not provide any new evidence to support its assertion.
Recommendation #12 To: Acton-Agua Dulce Unified School District
To ensure compliance with state law, Acton-Agua Dulce Unified should immediately establish a procedure to periodically review and update its charter school policy to include all of the requirements in state law.
Annual Follow-Up Agency Response From October 2021
The District regularly reviews changes in the laws governing charter schools and updates its policies and procedures accordingly. The District's Board is set to adopt an updated charter school policy this Fall. A problem with this recommendation is that updated responses are always required in October just as the Legislature has completed its session and before the District has had an opportunity to review recent legislation and consider amending and revising its policies and procedures to reflect changes.
- Completion Date: November 2019
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Acton-Agua Dulce Unified provided documents demonstrating that it has periodically reviewed and updated its charter school policy to address changes in state law.
Annual Follow-Up Agency Response From October 2020
Recommendation 12 was to periodically review and update the District's Charter School Policy as charter school law changes. The District continues to set periodic reviews of needed policy changes, based on changes in state law. Our next review will take place November 12, 2020 This Recommendation has been fully implemented.
- Completion Date: October 2018
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district failed to provide evidence supporting its assertions.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From November 2019
The District refers the State Auditor to its 2019 response to Recommendation 11.
Recommendation 12 was to periodically review and update the District's Charter School Policy as charter school law changes. The District has done that and will continue to do that. This Recommendation has been fully implemented.
- Completion Date: October 2018
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district did not provide any new evidence to support its assertions. As we noted in our 2018 response, the district's revised charter school policy includes amended language regarding student outcomes, but the charter review matrix does not contain this language. According to the district's policy, "district staff will use the Board-approved Acton-Agua Dulce Charter Review Matrix as the tool for the evaluation and recommendation" of petitions. Because the matrix is the district's primary tool for authorizing charter schools, we believe that it should be updated to reflect changes in state law.
Moreover, although the district provided evidence that it updated its policy in October 2018, it has provided no assurances that it will continue to update its policies regularly. As we noted on page 33 of our audit report, the district adopted its previous charter school policy in December 2013, but it did not update its policy to include the missing language pointed out in our report until after we published our report in October 2017. The district's current policy does not establish how it will periodically review and update its charter school policy.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
1-Year Agency Response
- The Charter School Policy and Matrix have been updated to reflect current law and best practices. The Board of Trustees approved the AADUSD Charter School Policy and Matrix. The district is fully implementing the revised charter school policy. The charter school policy and Matrix will be reviewed annually for compliance with state law per the charter school policy. (See policy, page 1.)
Implementation Date: October 11, 2018.
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Partially Implemented
Although the revised charter school policy includes the new language regarding student outcomes that was amended in 2013, the charter review matrix does not contain this language.
6-Month Agency Response
The Charter School Policy and Matrix have been updated to reflect current law and best practices. The Board has completed the first read and it will be placed on the Board Agenda for June 2018. The Charter School Policy will be reviewed annually per the policy.
- Estimated Completion Date: June 2018
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The District has revised its charter school policy to reflect recent changes and clarifications of state law, Board approval is expected this school year. Going forward AADUSD staff will annually review its policy to make any necessary updates.
- Estimated Completion Date: Annually by July 1st
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
Recommendation #13 To: Acton-Agua Dulce Unified School District
To ensure compliance with state law, Acton-Agua Dulce Unified should immediately review petitions to ensure they include all of the requirements in state law at the time of their approval.
Annual Follow-Up Agency Response From October 2021
The District has always thoroughly reviewed charter petitions to determine whether they contain all of the requirements in state law.
This recommendation arose from a filing error during the State Audit that was brought to the Auditors attention before the Audit Report was finalized and released. As the District supplied the Auditors with many thousands of pages of records, the signature page to one charter petition approved four years earlier had become attached to another charter petition approved four years earlier. The Auditors incorrectly concluded that years earlier (in 2013) the District had approved a charter petition without any signatures - a "requirement in state law" at the time of approval.
The mistake was caught and quickly explained to the Auditors. Nonetheless, the draft Audit Report still incorrectly stated that the District had approved a charter petition without signature pages, and expanded on that to explain that this was also a 'failure to obtain community support." This was the only instance in which the Auditors alleged that the District approved a charter petition without "all of the requirements in the state law at the time of approval." This was again explained to the Auditors before the Report was finalized and published, but they declined to correct the Report.
In any event, the mixed-up signature page involved two charter schools that closed in 2015 and 2018. None of the operative charter petitions in effect in the summer fo 2017 when the State Audit was conducted are still in effect. Those charter schools either subsequently closed or submitted new renewal petitions which were reviewed by the District. Copies of operative charter petitions are being submitted with this response. However, the District will not go back and re-review expired charter petitions as this recommendation seems to suggest.
- Completion Date: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: Not Currently Feasible
We disagree with the district's description of the finding. The district's previous director of charter schools provided a signature page that was filed under a different charter school location. Because the document did not explicitly identify the charter school location for which the signatures were collected, we could not accept the signature page as evidence that the charter school had obtained the required signatures. Moreover, the signatures on that document were dated one month after the district received the charter petition on January 1, 2014. As a result, the district provided no evidence that it had reviewed its petitions to ensure they included all requirements in state law.
Because the involved charter schools have since been closed, we will close this recommendation as it is no longer feasible.
- Auditee did not substantiate its claim of full implementation
Annual Follow-Up Agency Response From October 2020
The District refers the State Auditor to its 2019 response to Recommendation 11.
The District refers the State Auditor to its 2020 response to Recommendation 11
Recommendation 13 was to "immediately review petitions to ensure they include all of the requirements in state law at the time of their approval."
This Recommendation arose from a filing error during the State Audit that was brought to the Auditors attention before the Audit Report was finalized and released. As the District supplied the Auditors with many thousands of pages of records, the signature page to one charter petition approved four years earlier had become attached to another charter petition approved four years earlier. The Auditors incorrectly concluded that years earlier the District had approved a charter petition without any signatures - a "requirement in state law" at the time of approval. The mistake was caught and quickly explained to the Auditors. Nonetheless, the draft Audit Report still incorrectly stated that the District had approved a charter petition without signature pages, and expanded on that to explain that this was also a "failure to adequately consider . . . failure to obtain community support." This was the only instances in which the Auditors alleged that the District approved a charter petition without "all of the requirements in the state law at the time of approval." This was again explained to the Auditors before the Report was finalized and published, but they declined to correct the Report.
As demonstrated in previous responses and as acknowledged by the State Auditor, the District's Charter School Policy incorporates the 2013 revisions to the Charter Schools Act regarding measurable pupil outcomes.
The District has and continues to review charter petitions for all of the requirements in state law. The District has also voluntarily incorporated the SBE criteria.
- Completion Date: May 2018
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district failed to provide evidence supporting its assertions.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From November 2019
The District refers the State Auditor to its 2019 response to Recommendation 11.
Recommendation 13 was to "immediately review petitions to ensure they include all of the requirements in state law at the time of their approval."
This Recommendation arose from a filing error during the State Audit that was brought to the Auditors attention before the Audit Report was finalized and released. As the District supplied the Auditors with many thousands of pages of records, the signature page to one charter petition approved four years earlier had become attached to another charter petition approved four years earlier. The Auditors incorrectly concluded that years earlier the District had approved a charter petition without any signatures - a "requirement in state law" at the time of approval. The mistake was caught and quickly explained to the Auditors. Nonetheless, the draft Audit Report still incorrectly stated that the District had approved a charter petition without signature pages, and expanded on that to explain that this was also a "failure to adequately consider . . . failure to obtain community support." This was the only instances in which the Auditors alleged that the District approved a charter petition without "all of the requirements in the state law at the time of approval." This was again explained to the Auditors before the Report was finalized and published, but they declined to correct the Report.
As demonstrated in previous responses and as acknowledged by the State Auditor, the District's Charter School Policy incorporates the 2013 revisions to the Charter Schools Act regarding measurable pupil outcomes.
The District has and continues to review charter petitions for all of the requirements in state law. SBE criteria are not law and are only self-imposed criteria that the SBE uses to guide its charter petition review. The District has also voluntarily incorporated the SBE criteria, and go far beyond what is required by state law.
- Completion Date: May 2017
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
We disagree with the district's description of the finding. The district's previous director of charter schools provided a signature page that was filed under a different charter school location. Because the document did not explicitly identify the charter school location for which the signatures were collected, we could not accept the signature page as evidence that the charter school had obtained the required signatures. Moreover, the signatures on that document were dated one month after the district received the charter petition on January 1, 2014. As a result, the district provided no evidence that it had reviewed its petitions to ensure they included all requirements in state law.
Because the district did not provide any new evidence to support its assertions, we conclude that it has taken no action.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
1-Year Agency Response
- District Staff continues to implement a rigorous review process for all charter petitions submitted for approval, renewal, or material revision. The Charter Review Matrix has been revised and is fully implemented. The Charter Review Matrix covers all elements of Education Code 47605 and incorporates the State Board of Education's standards for assessing charter petitions contained at Title 5 of the California Code of Regulations, Section 11967.5.1. The Staff's recommendation and the completed Matrix are submitted to the Board for its review and consideration before the Board takes action.
Implementation Date: approximately May 2012.
- Completion Date: May 2016
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, our audit determined that the district's charter school policy did not fully address several of the elements required by the State Education Board's criteria for evaluating petitions. Further, the district's revised Charter Review Matrix does not contain requirements in the 2013 amendments to state law regarding measurable student outcomes. Specifically, state law requires that pupil outcomes include outcomes that address increases in pupil academic achievement, both schoolwide and for all groups of pupils served by the charter school. In addition, the matrix does not address the requirement that pupil outcomes align with state priorities,
6-Month Agency Response
The District continues to implement a rigorous review process for all charter petitions submitted for approval, renewal, and material revisions. The district matrix is followed to check that all elements are met. All petitions to date have been reviewed for compliance.
- Completion Date: January 2016
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Although Acton-Agua Dulce Unified stated that it fully implemented our recommendation, the district did not provide any new evidence to support its assertion.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
District Staff has continued to implement a rigorous review process for all charter petitions submitted for approval, renewal, or material revision. A Charter Review Matrix is used which covers all elements of Education Code 47605 and incorporates the State Board of Education's standards for assessing charter petitions contained at Title 5 of the California Code of Regulations, Section 11967.5.1. The Staff's recommendation and the completed Matrix are submitted to the Board for its review and consideration before the Board takes action.
- Completion Date: January 2016
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, our audit determined that the district's charter school policy did not fully address several of the elements required by the State Education Board's criteria for evaluating petitions. In addition, the referenced Charter Review Matrix does not make any reference to the State Education Board's criteria nor does it require petitions to include all of the elements listed within the matrix. Further, the district did not provide any new evidence to support its assertion.
Recommendation #14 To: Acton-Agua Dulce Unified School District
To ensure compliance with state law, Acton-Agua Dulce Unified should immediately require its charter schools to submit material revisions when they add new locations.
1-Year Agency Response
The Memorandum of Understanding between charter schools and the District, and the District's charter school policy clearly outline when changes to a charter are deemed to be a material revision and may not be made without prior approval by the District's Board. This includes the addition of new locations. (See policy, page 13.) This has been fully implemented and all charters are submitting a material revision when a new location is added or a location change is made.
Implementation Date: approximately Summer 2015.
- Completion Date: January 2016
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Although the district asserts that it implemented this recommendation before the publication of our audit, we noted that the district's MOU with Assurance Learning Academy did not have these requirements at the time of our audit. Accordingly, we note on page 25 of the audit report that Assurance Academy opened a resource center in fiscal year 2014-15 without the prior approval of its authorizing district. However, the district provided an updated charter school policy that includes this language and it also provided copies of recent material revisions for Assurance Learning Academy, which included updates to its operating locations.
6-Month Agency Response
The Memorandum of Understanding between the charter school and AADUSD district charter policy clearly outlines when changes to the charter are deemed to be a material revision and may not be made without prior approval by the District's Superintendent
- Completion Date: June 2016
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Although Acton-Agua Dulce Unified stated that it fully implemented our recommendation, the district did not provide any new evidence to support its assertion.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
The Memorandum of Understanding between the charter school and AADUSD district clearly outlines when changes to the charter are deemed to be a material revision and may not be made without prior approval by the District's Superintendent. Revisions to the charter considered to be material changes include, changes to location of facilities or lease agreements for the Charter School sites, resource centers, meeting space, or other satellite facility including the opening of a new facility; temporary locations rented for annual student testing purposes shall be exempted from this provision.
- Completion Date: June 2016
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: No Action Taken
The district asserts that its Memorandum of Understandings (MOU) with its charter schools align with the recommendation. However, the district's MOU with Assurance Learning Academy did not have these requirements at the time of our audit and the district did not provide evidence that its current MOU has such language. Accordingly, we note on page 25 of the audit report that Assurance Academy opened a resource center in fiscal year 2014-15 without the prior approval of its authorizing district.
Recommendation #15 To: Acton-Agua Dulce Unified School District
To ensure compliance with state law, Acton-Agua Dulce Unified should immediately track its actual costs for providing oversight and verify that its oversight fees do not exceed legal limits.
Annual Follow-Up Agency Response From October 2021
The District tracks its actual costs for providing oversight and its oversight fees do not exceed legal limits. A copy of the District's procedures for tacking oversight costs and charging charter schools for direct costs or their share of indirect costs is being provided with these responses. The Superior Court considered these procedures, concluded that they satisfy state law, and approved them for the District's use.
- Completion Date: August 2021
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Acton-Agua Dulce Unified provided a copy of the referenced settlement agreement, which allows the district to charge its oversight costs as direct costs and/or as a percentage of Average Daily Attendance (ADA). The district also provided a copy of a completed Fiscal Crisis & Management Assistance Team "Charter School Annual Oversight Checklist," which demonstrates that the district is ensuring that its charter schools' have the ability to track ADA for this purpose. If it follows this process for tracking costs, the district will be able to ensure its oversight fees do not exceed legal limits.
Annual Follow-Up Agency Response From October 2020
Revisions to current policy to be fully implemented following Board review.
- Completion Date: December 2020
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district failed to provide evidence supporting its assertions.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From November 2019
Per the District's MOUs and the Education Code, the District charges up to the equivalent of 1% of a charter school's ADA revenue for the costs of oversight. The District separately tracks salaries and benefits for District staff when they are engaging in charter school oversight. The District also separately tracks expenditures on third-party services like professional consultants and auditors for the purposes of charter school oversight. The District pays these oversight costs out of the District's general fund over the course of the school year as the costs are incurred and then receives oversight fees from charter schools at the end of the school year or shortly after the close of the school year.
- Completion Date: September 2017
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district did not provide any new evidence to support its assertions, as a result, we stand by our previous assessment:
We note on page 27 of our audit report that none of the three school districts we visited tracked their actual costs of providing oversight. Although the district is now asserting that it fully implemented this recommendation in September 2017, before the publication date of our audit, it has not provided any evidence to support its assertion. Moreover, the district stated in its 60-day and 6-month responses that its implementation of the recommendation was still in progress. Specifically, the district noted that its "Assistant Superintendent of Business Services continues to review the district's financial oversight practices and is developing procedures to track oversight expenses".
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
1-Year Agency Response
The District tracks salaries and benefits for staff or staff time related to charter school oversight as a separate account code. Other charter oversight-related expenses, like third-party consultants, are identified as charter oversight expenditures. This allows the District to track its actual costs for providing oversight and verify that its oversight fees are legally compliant.
- Completion Date: September 2017
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
We note on page 27 of our audit report that none of the three school districts we visited tracked their actual costs of providing oversight. Although the district is now asserting that it fully implemented this recommendation in September 2017, before the publication date of our audit, it has not provided any evidence to support its assertion. Moreover, the district stated in its 60-day and 6-month responses that its implementation of the recommendation was still in progress. Specifically, the district noted that its "Assistant Superintendent of Business Services continues to review the district's financial oversight practices and is developing procedures to track oversight expenses."
6-Month Agency Response
The Assistant Superintendent of Business Services continues to review the district's financial oversight practices and developing procedures to track oversight expenses.
- Estimated Completion Date: June 2018
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
Our new Assistant Superintendent of Business Services is reviewing financial oversight practices and determining the best way to track oversight expenses. Once new procedures are developed, we will include the updates in the charter school policy.
- Estimated Completion Date: May 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
Recommendation #16 To: Acton-Agua Dulce Unified School District
To better ensure effective oversight of their charter schools' finances, Acton-Agua Dulce Unified should develop written procedures for reviewing charter schools' financial information and conducting annual oversight visits. These procedures should include relevant requirements from memorandums of understanding with the charter schools and best practices.
1-Year Agency Response
Procedures for reviewing charter schools' financial information and conducting annual oversight visits are contained in the District's charter school policy. AADUSD has a uniform budget and ADA analysis tool, and provides a detailed written response letter to the CEO and Charter Board President for each budget and ADA reporting period. Written letters include a requirement for the development of a detailed Fiscal Solvency Plan if charters meet "qualified" or "negative" status. (See policy, pages 9-12.)
Implementation Date: October 11, 2018.
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
The district provided a copy of its revised policy and of the spreadsheets that it uses to assess its charter schools' financial information. The spreadsheets contain instructions for assessing various financial indicators for the charter schools and it includes a sheet that summarizes the school's overall financial condition.
6-Month Agency Response
The District has developed a fiscal calendar that outlines dates for financial submissions and provides feedback at least twice a year. In addition, the District continues to work on developing a formal procedures outlining the District's practices for reviewing charter schools' financial information, presenting petitioners with any financial concerns, and conducting annual oversight visits. The District is in the first year of implementing Epicenter, an online program developed by the National Charter Schools Institute, to help streamline and standardize charter schools' reporting of financial information to the District, and to create consistency in the metrics the District uses to analyze charter schools' financial health.
- Estimated Completion Date: November 2018
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The District has initiated the process of developing a formal written document outlining the District's practices and procedures for reviewing charter schools' financial information, presenting petitioners with any financial concerns, and conducting annual oversight visits. These procedural guidelines align with the District's charter school policies regarding academic and financial oversight. The District is also in the process of implementing Epicenter, an online program developed by the National Charter Schools Institute, to help streamline and standardize charter schools' reporting of financial information to the District, and to create consistency in the metrics the District uses to analyze charter schools' financial health.
- Estimated Completion Date: May 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
Recommendation #17 To: Acton-Agua Dulce Unified School District
To better ensure effective oversight of its charter schools' finances, Acton-Agua Dulce Unified should develop written procedures for addressing financial concerns, such as a charter school's failure to meet the minimum reserve requirement established in the district's memorandum of understanding with the charter school.
1-Year Agency Response
Procedures for reviewing charter schools' financial information are contained in the District's charter school policy. All budget and financial reports are reviewed using a uniform budget and ADA analysis tool. Staff's review of charter school finances incorporates the practices and procedures in FCMAT's "California Charter School Accounting and Best Practices Manual." Staff findings are included in a written response letter to each charter school. If warranted, follow-up actions to ensure solvency include the development and implementation of a Fiscal Solvency Plan to meet the minimum reserve requirements and address cash flow issues. (See policy, pages 9-12.)
Implementation Date: October 11, 2018 (adoption of updated policy).
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
The district's updated charter school policy describes steps that the district will take when a charter school faces financial issues. Specifically, the policy describes a process through which the district will require a charter school with financial issues to submit a Financial Stability Plan. If the charter school fails to provide a detailed plan outlining steps that could realistically resolve fiscal issues, the policy says that the district will issue a notice of violation to the charter school and ultimately may revoke the school's charter.
6-Month Agency Response
The District's Assistant Superintendent of Business continues to provide District-authorized charter schools with written feedback after completing their financial reviews, noting any areas of concern and requesting financial plans that address any projected shortfalls.
- Completion Date: January 2016
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Although Acton-Agua Dulce Unified stated that it fully implemented our recommendation, the district did not provide any new evidence to support its assertion.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
The District's Assistant Superintendent of Business provides District-authorized charter schools with written feedback after completing their financial reviews, noting any areas of concern and requesting financial plans that address any projected shortfalls. The District has implemented the Auditors' recommendation to provide charter schools with more detailed recommendations to address any identified financial concerns. The District's Staff believes that it is first and foremost an independently operated charter school's responsibility to develop and present a sound financial plan for addressing any of the District's financial concerns.
- Completion Date: January 2016
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, it did not provide evidence to support its assertion.
In addition, we stand by our recommendation that Acton-Agua Dulce Unified should develop written procedures for addressing financial concerns to better ensure effective oversight of its charter schools' finances. As we note on page 49 of the audit report, Acton-Agua Dulce Unified demonstrated that it generally reviewed Assurance Academy's financial reports and assessed Assurance Academy's financial condition. However, we noted that Acton-Agua Dulce Unified does not have written procedures for reviewing charter schools' financial reports. Without robust oversight processes, districts cannot ensure the consistent quality of their reviews of charter schools' financial reports. In addition, without written procedures, district staff may not always take appropriate or prompt action if charter schools' financial reports start exhibiting indicators of financial distress. Therefore, we look forward to the district's six-month response.
Recommendation #18 To: Acton-Agua Dulce Unified School District
To better ensure effective oversight of its charter schools' finances, Acton-Agua Dulce Unified should place a district representative as a nonvoting member on each charter school's governing board.
Annual Follow-Up Agency Response From October 2021
The District has consistently pointed out that Recommendation 18 is illegal - nonvoting members cannot serve on non-profit public benefit corporation boards and all District-authorized charter schools are governed by non-profit public benefit corporations.
The District has consistently declined to place a voting member on the boards of independently operating charter schools. Under state law, charter schools are supposed to exist independently from their authorizers. Entangling the two entities could undermine independence, accountability, and oversight. Additionally, given that the law has been clarified to state that charter school board members are unequivocally subject to California's various conflict of interest laws, the District is concerned that any potential benefit to District oversight would be offset by the conflicts of interest that could arise for the District-appointed charter board member.
- Completion Date: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We stand by our recommendation that Acton-Agua Dulce Unified should exercise its right to place a district representative as a nonvoting member on each charter school's governing board. As noted in Figure 3 of the audit report, a school district we reviewed waited nine months for its district representative to be appointed to the governing board of one of its charter schools. During that time, the charter school's governing board entered into a questionable lease and did not report that lease to the district, thus exacerbating the charter school's financial issues. Therefore, we believe that Acton-Agua Dulce Unified could ensure timely oversight of its charter schools by placing a district representative on each charter school's governing board.
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From October 2020
The District has consistently pointed out that Recommendation 18 is illegal - nonvoting members cannot serve on non-profit public benefit corporation boards and all District-authorized charter schools are governed by non-profit public benefit corporations.
The District has consistently declined to place a voting member on the boards of independently operating charter schools. Under state law, charter schools are supposed to exist independently from their authorizers. Entangling the two entities could undermine independence, accountability, and oversight. Additionally, given that the law has been clarified to state that charter school board members are unequivocally subject to California's various conflict of interest laws, the District is concerned that any potential benefit to District oversight would be offset by the conflicts of interest that could arise for the District-appointed charter board member.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We stand by our recommendation that Acton-Agua Dulce Unified should exercise its right to place a district representative as a nonvoting member on each charter school's governing board. As noted in Figure 3 of the audit report, a school district we reviewed waited nine months for its district representative to be appointed to the governing board of one of its charter schools. During that time, the charter school's governing board entered into a questionable lease and did not report that lease to the district, thus exacerbating the charter school's financial issues. Therefore, we believe that Acton-Agua Dulce Unified could ensure timely oversight of its charter schools by placing a district representative on each charter school's governing board.
Annual Follow-Up Agency Response From November 2019
The District has consistently pointed out that Recommendation 18 is illegal - nonvoting members cannot serve on non-profit public benefit corporation boards and all District-authorized charter schools are governed by non-profit public benefit corporations.
More recently, the State Auditor has suggested that the District could use Education Code section 47604(b) to place a voting representative on each charter school's board. While that authority exists, the District has consistently declined to place a voting member on the boards of independently operating charter schools. Under state law, charter schools are supposed to exist independently from their authorizers. Entangling the two entities could undermine independence, accountability, and oversight. Additionally, given that the law has been clarified to state that charter school board members are unequivocally subject to California's various conflict of interest laws, the District is concerned that any potential benefit to District oversight would be offset by the conflicts of interest that could arise for the District-appointed charter board member.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We stand by our recommendation that Acton-Agua Dulce Unified should exercise its right to place a district representative as a nonvoting member on each charter school's governing board. As noted in Figure 3 of the audit report, a school district we reviewed waited nine months for its district representative to be appointed to the governing board of one of its charter schools. During that time, the charter school's governing board entered into a questionable lease and did not report that lease to the district, thus exacerbating the charter school's financial issues. Therefore, we believe that Acton-Agua Dulce Unified could ensure timely oversight of its charter schools by placing a district representative on each charter school's governing board.
1-Year Agency Response
District-authorized charter schools operate as, or are operated by, non-profit public benefit corporations. California Corporations Code section 5047 prohibits non-voting directors on boards of non-profit public benefit corporations. Therefore, it would be illegal for the District to place non-voting directors on the charter schools' boards.
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
The district notes that California Corporations Code section 5047 prevents it from implementing this recommendation with regard to nonvoting board members. However, California Education Code section 47604(b) also allows districts to place a representative on the board of directors of their charter schools' nonprofit public benefit corporations. Thus, we believe that districts can still place a district representative on a charter school's board.
6-Month Agency Response
The District's authorized charter schools operate as, or are operated by, non-profit public benefit corporations. The District believes that California Corporation section 5047 prohibits non-voting directors on boards of non-profit public benefit corporations. The District continues to consider alternatives to non-voting directors.
- Estimated Completion Date: October 2018
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The District's Administration will present the District's Board with the Auditor's recommendation that the District place a non-voting member on each authorized charter school's governing board. However, the District's authorized charter schools operate as, or are operated by, non-profit public benefit corporations. The District believes that California Corporation section 5047 prohibits non-voting directors on boards of non-profit public benefit corporations. The District continues to consider alternatives to non-voting directors.
- Estimated Completion Date: June 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
Recommendation #19 To: Acton-Agua Dulce Unified School District
To ensure that charter schools work toward the academic goals established in their charters, Acton-Agua Dulce Unified should adopt a policy requiring it to provide its charter schools with timely feedback and recommendations regarding academic performance.
1-Year Agency Response
The District's revised and approved charter school policy includes a section requiring the District to provide charter schools with timely feedback and recommendations regarding academic performance. The District's annual charter school oversight report addresses every charter school's academic performance, and all charter schools are required to develop and submit a plan to address any academic performance concerns that are identified through the annual review process. (See policy, pages 9-12.)
Implementation Date: October 11, 2018
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
The district provided a copy of its revised charter school policy, which notes that it will visit each charter school annually and provide charter schools with timely feedback and recommendations regarding academic performance.
6-Month Agency Response
The District's existing policy and practice is to provide charter schools with timely feedback and recommendations regarding academic performance. The District's annual charter school oversight report addresses academic performance.
- Completion Date: January 2016
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Although Acton-Agua Dulce Unified stated that it fully implemented our recommendation, the district did not provide any new evidence to support its assertion.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
The District's existing policy and practice is to provide charter schools with timely feedback and recommendations regarding academic performance. The District's annual charter school oversight report addresses academic performance.
- Completion Date: January 2016
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, it did not provide evidence to support its assertion. As we note on page 59 of the audit report, Acton-Agua Dulce Unified was not able to demonstrate that it regularly assessed whether its charter schools were achieving the measurable student outcomes identified in their charters and thus were on track for renewal.
Recommendation #20 To: Acton-Agua Dulce Unified School District
To ensure that charter schools work toward the academic goals established in their charters, Acton-Agua Dulce Unified should adopt an academic oversight policy that includes steps for working with charter schools with poor performance results.
Annual Follow-Up Agency Response From October 2021
The District annually reviews charter schools' academic performance when testing data and Dashboard results become available, but the COVID-19 pandemic led to the suspension of standardized academic testing. Academic performance reviews will resume in Spring 2022. The District monitors charter schools' academic progress, requires them to submit academic improvement plans when warranted, and reviews proposed plans from effectiveness, but the District does not tell charter schools what they must do or how they must improve academic performance. That is up to each charter school because they are independent local education agencies and they are ultimately responsible for delivering academic results for their own students.
- Completion Date: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Although the District did not adopt an academic oversight policy that includes the steps it takes to work with charter schools with poor performance results, it provided a copy of a settlement agreement where it describes its process for providing academic oversight and the steps it may take if it identifies performance issues. In addition, the district provided evidence demonstrating how it followed up with a charter school as part of its academic oversight process.
Annual Follow-Up Agency Response From October 2020
The District refers the State Auditor to its 2018 response: "The District charter school policy requires that charters with poor performance results be notified of the results of the performance review. Charters with poor performance are required to submit additional benchmark testing results and a detailed plan for improving student performance. (See policy, pages 9-12.)"
The District requires much the same of charter schools with insufficient academic results as the District requires from charter schools with financial concerns. In the last year, multiple charter schools have been required to develop academic improvement plans with clear, measureable goals to increase pupil academic performance. Failure to successfully implement the plan could lead to revocation or non-renewal.
Academic performance is most critical when a charter school seeks renewal of its petition. Several charter schools that were required to create and implement academic performance plans, or were told to begin preparing an academic performance plan, ultimately chose not to seek renewal of their charter petitions; had their plans or results been insufficient, staff most likely would have recommended non-renewal of their petitions.
The District will be updating its Charter School Policy soon to reflect recent, significant changes in the law. It will consider incorporating more information on academic performance plans in the Policy.
- Completion Date: October 2018
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district failed to provide evidence supporting its assertions.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From November 2019
The District refers the State Auditor to its 2018 response: "The District charter school policy requires that charters with poor performance results be notified of the results of the performance review. Charters with poor performance are required to submit additional benchmark testing results and a detailed plan for improving student performance. (See policy, pages 9-12.)"
The District requires much the same of charter schools with insufficient academic results as the District requires from charter schools with financial concerns. In the last year, multiple charter schools have been required to develop academic improvement plans with clear, measureable goals to increase pupil academic performance. Failure to successfully implement the plan could lead to revocation or non-renewal.
Academic performance is most critical when a charter school seeks renewal of its petition. Several charter schools that were required to create and implement academic performance plans, or were told to begin preparing an academic performance plan, ultimately chose not to seek renewal of their charter petitions; had their plans or results been insufficient, staff most likely would have recommended non-renewal of their petitions.
The District will be updating its Charter School Policy and Matrix soon to reflect recent, significant changes in the law. It will consider incorporating more information on academic performance plans in the Policy.
- Completion Date: October 2018
California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented
The district did not provide any new evidence to support its assertions, as a result, we stand by our previous assessment:
Although the district's updated charter school policy notes that it will work with charters that have poor performance results, it does not outline the additional steps that the district noted in its response. During a follow-up conversation, the district stated that it is currently drafting administrative guidelines that will be compiled into a AADUSD Charter School Process and Procedure Manual.
- Auditee did not substantiate its claim of full implementation
1-Year Agency Response
The District charter school policy requires that charters with poor performance results be notified of the results of the performance review. Charters with poor performance are required to submit additional benchmark testing results and a detailed plan for improving student performance. (See policy, pages 9-12.)
Implementation Date: October 11, 2018
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Partially Implemented
Although the district's updated charter school policy notes that it will work with charters that have poor performance results, it does not outline the additional steps that the district noted in its response. During a follow-up conversation, the district stated that it is currently drafting administrative guidelines that will be compiled into a AADUSD Charter School Process and Procedure Manual.
6-Month Agency Response
The District continues to notify charters with poor performance results and asks the charter to submit additional benchmark testing results and a detailed plan for improving student results.
- Estimated Completion Date: October 2018
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The District is incorporating steps for working with charter schools with poor performance results into the District's written policies and procedures.
- Estimated Completion Date: May 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per Acton-Agua Dulce Unified's response, its implementation of this recommendation is currently pending.
Recommendation #21 To: Acton-Agua Dulce Unified School District
To ensure that charter schools work toward the academic goals established in their charters, Acton-Agua Dulce Unified should provide its charter schools with annual oversight reports on their academic performance.
1-Year Agency Response
The District's charter school policy and practice is to provide charter schools with timely feedback and recommendations regarding academic performance. The District annually presents oversight reports to charter schools and requires a plan to address any identified academic performance issues. (See policy, pages 9-12.)
Implementation Date: approximately October 11, 2018
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
The district policy says that it will provide each charter with an annual oversight report on academic progress. The district sent us an example of such an annual oversight report, which included observed strengths, concerns, and recommendations for the charter school.
6-Month Agency Response
The District's existing policy and practice is to provide charter schools with timely feedback and recommendations regarding academic performance. The District annually presents oversight reports to the AADUSD school board and charter schools that address academic performance.
- Completion Date: January 2016
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Although Acton-Agua Dulce Unified stated that it fully implemented our recommendation, the district did not provide any new evidence to support its assertion.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
The District's existing policy and practice is to provide charter schools with timely feedback and recommendations regarding academic performance. The District annually presents oversight reports to the AADUSD school board and charter schools that addresses academic performance.
- Completion Date: January 2016
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, it did not provide evidence to support its assertion that it provided charter schools with timely feedback regarding academic performance after our audit period. As we note on page 60 of the audit report, Acton-Agua Dulce Unified could not demonstrate that it assessed Assurance Academy's academic performance for one of the years in our audit period.
Recommendation #22 To: Acton-Agua Dulce Unified School District
Acton-Agua Dulce Unified should maintain active memorandums of understanding with its charter schools that describe the district's oversight responsibilities and ensure the schools meet the measurable student outcomes to which they have agreed.
Annual Follow-Up Agency Response From October 2021
The District has always maintained MOU's with District-authorized charter schools. The District is in the midst of the annual MOU review and renewal process. Recently renewed MOU's are provided along with operative MOU's that are presently being renegotiated for renewal.
- Completion Date: August 2021
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
The district provided copies of its updated MOUs and evidence demonstrating that it has worked with a charter school to ensure that it is meeting its measurable student outcomes.
Annual Follow-Up Agency Response From October 2020
All charter schools authorized by the District have active memorandums of understanding (MOUs).
Revisions, and/or updates, to current MOU's will be addressed during upcoming board meetings.
- Completion Date: October 2018
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
The district failed to provide evidence supporting its assertions.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From November 2019
All charter schools authorized by the District have active memorandums of understanding (MOUs). The District customizes MOUs as the request of charter schools to address their specific programs and describe the District's oversight responsibilities. Oversight includes monitoring the academic performance of pupils based on annual assessments and reports to the District, school finances, and operations.
- Completion Date: October 2018
California State Auditor's Assessment of Annual Follow-Up Status: Pending
In its previous response, the district noted that it was in the process of executing new MOUs. However, the district did not provide any evidence to demonstrate that it has since executed those MOUs.
- Auditee did not substantiate its claim of full implementation
1-Year Agency Response
All charters authorized by AADUSD have active memorandums of understanding. AADUSD has a standard Memorandum of Understanding which is then customized to address the specific charter program and describe the district's oversight responsibilities. The annual oversight responsibilities include monitoring student outcomes, finances and operations.
Implementation Date: October 11, 2018 (adoption of updated policy)
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Pending
In response to our request for the district's latest memorandums of understanding with its charter schools, the district noted that it is currently executing new MOUs.
6-Month Agency Response
All charters authorized by AADUSD have active memorandums of understanding, These Memorandums of understanding describe the district's oversight responsibilities. The annual oversight process monitors student outcomes.
- Completion Date: January 2016
- Response Date: June 2018
California State Auditor's Assessment of 6-Month Status: Pending
Although Acton-Agua Dulce Unified stated that it fully implemented our recommendation, the district did not provide any new evidence to support its assertion.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
All charters authorized by AADUSD have active memorandums of understanding, These Memorandums of understanding describe the district's oversight responsibilities and monitor student outcomes to ensure students are making educational gains.
- Completion Date: January 2016
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although Acton-Agua Dulce Unified states that it fully implemented our recommendation, it did not provide evidence to support its assertion. As we note on page 59 of the audit report, Acton-Agua Dulce Unified was not able to demonstrate that it regularly assessed whether its charter schools were achieving the measurable student outcomes identified in their charters and thus were on track for renewal.
Recommendation #23 To: Antelope Valley Union High School District
To ensure that it has a method to hold charter schools accountable for their educational programs, Antelope Valley Union should, as a best practice, strengthen its authorization process by using the State Education Board's criteria for evaluating petitions.
6-Month Agency Response
The AVUHSD has a method in place to hold charter schools accountable for their educational programs, and has revised its petition evaluation form to align with the State Education Board's criteria for evaluating petitions. (See Attachment-23) For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs-jvela@avhsd.org -(661) 952-2249
- Completion Date: March 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
The district provided us with a copy of its Charter School Petition Review Form, which the district aligned with the State Education Board's criteria for evaluating petitions.
60-Day Agency Response
The AVUHSD has implemented two primary internal documents, created by California Authorizer's Regional Support Network (CARSNet) and aligned to the State Education Board's (SBE's) criteria for evaluating petitions. Document 1- The Preliminary Review Checklist, updated January of 2016, is used by the Director who oversees charters to determine whether the petition submitted is complete according to state and federal requirements before organizing the District Team Review.
Document 2-The Charter School Petition Review Checklist also updated in 2016, is used by the District Charter Review Team (DCRT) and helps organize the review by departmental areas of expertise. This document includes timelines for review and a rubric to measure how each component of the petition, either exceeds, meets or fails to meet standard, and where the component is addressed in the petition. Within the document are areas for the DCRT to document questions that can be utilized in the Capacity Interview to further determine if the Petitioners have the capacity to implement the intent of the charter. Both documents are tools the AVUHSD began using in 2016 to strengthen the authorization process and to evaluate the strength of the educational programs of the charter petitions it receives and reviews, as it pertains to Educational Programs, Measurable student outcomes, : targeted school populations, attendance, instructional minutes, what it means to be an educated person in the 21st Century, how learning best occurs, annual goals, for all pupils and for each subgroup of pupils identified, as it pertains to the state priorities, transferability of courses, measurable student outcomes, and student progress measurements. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Completion Date: May 2017
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although the district provided us with copies of the two checklists it uses, it did not provide any evidence that it had aligned those documents with the State Board of Education's criteria. In addition, the provided checklists do not fully align with the State Board of Education's criteria. Whereas the State Board of Education requires that certain criteria be included at a minimum to ensure that charter elements are reasonably comprehensive, the district's checklist indicates that those criteria are optional.
Recommendation #24 To: Antelope Valley Union High School District
To ensure compliance with state law, Antelope Valley Union should immediately establish a procedure to periodically review and update its charter school policy to include all of the requirements in state law.
6-Month Agency Response
District staff in collaboration with Educational Services and the Superintendent reviewed and updated its Charter School board policy in December of 2018. These updates and revisions were aligned with the California School Board Association's (CSBA's) recommendations and were approved and adopted by the Board on February 7, 2018. (See Attachments-24) District staff, in collaboration with Educational Services and the Superintendent established written procedures to periodically review and update its charter school policy to include all of the requirements in state law. (See Attachment- 24) District staff, in collaboration with Educational Services and the Superintendent, will review and update its Charter School Board policies as policy updates and guidance from CSBA are received and annually to ensure that Charter School Board Policies are current, compliant and include all of the requirements in state law. District staff, in collaboration with Educational Services and the Superintendent will make revisions, as appropriate, and offer recommendations to the Board of Trustees for their review, approval and adoption. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs-jvela@avhsd.org -(661) 952-2249.
- Completion Date: March 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
Antelope Valley Union provided a copy of its board-approved revisions to its charter school policies and a document describing its plans for the periodic review and revision of its charter school board policies. The district's documents indicate that it updated its board policy in December of 2017 and that its board reviewed the proposed changes on January 17, 2018 before subsequently adopting the policies on February 7, 2018.
60-Day Agency Response
We are currently in the process of reviewing our Board Policies on Charter Schools to align with the California School Board Association (CSBA) sample policy language on Charter School Authorization, Charter Oversight, and Charter Renewal. District staff will conduct reviews periodically to compare AVUHSD Board Policies to CSBA, and other current resources, to ensure they are current, compliant and include all of the requirements in state law. District Staff will make revisions, as appropriate, and offer recommendations to the Board of Trustees for their review and approval. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/2018
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #25 To: Antelope Valley Union High School District
To ensure compliance with state law, Antelope Valley Union should immediately review petitions to ensure they include all of the requirements in state law at the time of their approval.
6-Month Agency Response
Currently, the AVUHSD oversees two charters, the Academies of the Antelope Valley (AAV) and Desert Sands Charter High School (DSCHS). The AAV renewal petition was Board approved on May 3, 2017. (See Attachment-25) DSCHS was Board approved for renewal on September 3, 2014. (See Attachment-25) District Staff in collaboration with Educational Services and the Superintendent recently reviewed both petitions using a Charter School Petition Review Form created by the California Department of Education that aligns with the State Education Board's criteria for evaluating petitions. The AAV renewal petition, was found to include all of the requirements in state law at the time of its most recent approval. (See Attachment-25). The DSCHS renewal petition was not found to include all of the requirements in state law, specifically, the DSCHS 2014 renewal petition did not identify goals and outcomes for each significant subgroup of students, the DSCHS renewal petition only identifies measurable student outcomes for students schoolwide. (See Attachment-25) At this time, District staff, in collaboration with Educational Services and the Superintendent have consulted with DSCHS and have determined that DSCHS will submit a five year term renewal petition to the AVUHSD Board of Trustees at the beginning of the 18-19 school year that will align to all of the requirements in state law, including goals and outcomes for like student groups. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs-jvela@avhsd.org -(661) 952-2249.
- Completion Date: March 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
Antelope Valley Union provided us with a copy of the petition evaluation forms it completed when reviewing the two charter schools' petitions. The district's review shows that the Desert Sands Charter High School's petition did not include all of the requirements in state law at the time of its approval.
60-Day Agency Response
Currently, the AVUHSD oversees two charters, the Academies of the Antelope Valley (AAV) and Desert Sands Charter High School (DSCHS). In October of 2017, the Department of Educational Services reviewed both petitions to ensure compliance and inclusion of all requirements in state law. The AAV petition includes all requirements in state law. The DSCHS petition, approved in 2014, identifies academic goals and outcomes schoolwide, but does not sufficiently identify goals and outcomes for significant student groups or (subgroups), as required in state law. On October 25, 2017, the AVUHSD-Director of Categorical and Special Programs had a consultation meeting with Desert Sands Charter Administration to review the current petition language and to address the need to identify goals and outcomes for significant student groups as well as schoolwide in their renewal petition scheduled for submission in 18-19.(See attachments agenda and follow up). It was noted at the consultation meeting that, in practice, DSCHS has Individual Learning Plans for each student enrolled that are progress monitored monthly with targeted tutoring interventions provided based on student outcomes. A follow-up meeting with Desert Sands is scheduled for January 25, 2018 in which Desert Sands will share the most recent academic results with district representatives pertaining to goals, outcomes and academic indicators identified for each individual student group. Additionally, Desert Sands Charter High School's Local Control and Accountability Plan identifies goals and outcomes for student groups through its annual Performance gap analysis that compares "all student" data with student group data. (See attachment Desert Sands LCAP). For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Completion Date: October 2017
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although the district provided documentation demonstrating that it had consulted with the principal of Desert Sands Charter High School, it did not provide evidence to supports its assertion that it reviewed its charter schools' petitions to ensure compliance and inclusion of all requirements in state law.
- Auditee did not substantiate its claim of full implementation
Recommendation #26 To: Antelope Valley Union High School District
To ensure compliance with state law, Antelope Valley Union should immediately require its charter schools to submit material revisions when they add new locations.
6-Month Agency Response
District staff, in collaboration with Educational Services and the Superintendent updated and revised its Charter School Board Policy regarding material revisions to include the following language:
Material revisions to a charter may only be made 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 Code 47605 and shall include, but not be limited to, a reasonably comprehensive description of any new requirement for charter school enacted into law after the charter was originally granted or last renewed. (Education Code 47607) (See Attachment-26)
If an approved charter school proposes to establish or move operations to one or more additional sites, the charter school shall request a material revision to its charter and shall notify the Board of those 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 of the approved charter.(AVUHSD Board Policy, BP/E 0420.41, adopted on February 7, 2018)
Both Charters were notified of this policy revision in writing. (See Attachment-26)For all future petition submissions, including the DSCHS petition renewal in September of 2018, the following MOU language will be required as a condition of approval:
In the event that the Charter School seeks to open an additional school site or resource center, (whether to serve a classroom or non-classroom program), Non-Profit, and (whether the location is inside or outside of the district's boundaries, the charter school will submit a request for a material revision of its Charter to the District Board for approval, pursuant to Section ____ of this MOU.
For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs-jvela@avhsd.org -(661) 952-2249.
- Completion Date: March 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
Antelope Valley Union provided a copy of its revised board policy and a copy of the notices it sent to its charter schools.
60-Day Agency Response
AVUHSD's Board Policy-Administrative Rules and Regulations language-approved May,2007, currently requires its charter schools to submit material revisions when adding new locations within the district's boundaries. AVUHSD current Charter Board Policy states the following: "If, after receiving approval of its petition, a charter school proposes to establish operations at 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. (See attachment-AVUHSD Charter Board Policy and AR's) The Board shall consider approval of the additional locations at an open meeting." For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Completion Date: October 2017
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: No Action Taken
Although the district's policies require charter schools to submit material revisions when establishing operations at one or more additional sites within the district's boundaries, it does not explicitly require a material revision when a charter school establishes a new location outside of the district's boundaries. In addition, the district did not require LA Online to submit a material revision when it became aware of the charter school's lease agreements for five resource centers in fiscal year 2015-16, as we note on page 25 of our report.
- Auditee did not address all aspects of the recommendation
Recommendation #27 To: Antelope Valley Union High School District
To ensure compliance with state law, Antelope Valley Union should immediately track its actual costs for providing oversight and verify that its oversight fees do not exceed legal limits.
6-Month Agency Response
In accordance with Ed.Code 47613, and AVUHSD Board Policy BP 0420.41 under Charter School Oversight, the AVUHSD's annual oversight fee is capped at 1% of the general purpose revenue received by the Charter School, as defined in Ed. Code 47632. The AVUHSD invoices its independent charter annually for payments due and has created an "oversight costs log template," to track oversight costs weekly that involve monitoring and oversight of charters. (See Attachment-27) For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Completion Date: March 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
Antelope Valley Union provided a copy of its charter school oversight costs log, which track the weekly oversight hours that the district's director of categorical and special programs spends.
60-Day Agency Response
In accordance with Ed.Code 47613, the AVUHSD's annual oversight fee is capped at 1% of the general purpose revenue received by the Charter School, as defined in Ed. Code 47632 and indicated in the AVUHSD Charter Board Policy -Administrative Rules and Regulations, "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. "The AVUHSD is in the process of Charter Board Policy review that will include language in Board Policy-Administrative Rules and Regulations addressing oversight fees. Items to be addressed will include the 1% cap, the timeline for district invoicing with payments due, and the "oversight costs log template," to track oversight costs that involve monitoring and oversight of charters. The oversight costs log template sections will align with revised Board Policy and MOU Charter requirements for oversight(see attachment). For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/18
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #28 To: Antelope Valley Union High School District
To better ensure effective oversight of its charter schools' finances, Antelope Valley Union should develop written procedures for reviewing charter schools' financial information and conducting annual oversight visits. These procedures should include relevant requirements from memorandums of understanding with the charter schools and best practices.
1-Year Agency Response
AVUHSD staff in collaboration with Educational Services, Business Services and the Superintendent have developed written procedures for reviewing charter schools' financial information and conducting annual oversight visits using the FCMAT checklist. See attachments (Charter School Fiscal Oversight Procedures, FCMAT-DSPCS 2018 Board Report and Board Report Agenda item). The written procedures are associated with current, active MOU language with DSPCS under Pg 3, Section B, subsections 7 and 9- Supervisorial Oversight. See attachments (DSPCS MOU w Board Approval Agenda item). The DSPCS MOU was approved by the Board, as part of their Petition renewal on October 10, 2018. See attachment (DSPCS Board Resolution to Renew).
- Completion Date: September 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Antelope Valley Union provided us a copy of its written procedures for reviewing charter schools' financial information and conducting annual oversight visits.
6-Month Agency Response
District staff in collaboration with Educational Services, Business Services and the Superintendent are in the process of developing written procedures for reviewing charter school's financial information and conducting oversight visits using the FCMAT checklist. These written procedures will be incorporated into corresponding MOU language with the charters that include relevant requirements and best practices.
- Estimated Completion Date: 10/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The AVUHSD will develop written procedures for reviewing charter schools' financial information and conducting annual oversight visits. These written procedures will be referenced in the proposed revision of the AVUHSD Board Policy-Administrative Rules and Regulations and in the AVUHSD's subsequent MOU's. The written procedures will correspond to the following documentation tools: The "Annual Oversight Checklist," aligned with Fiscal Crisis Management Assistance Team (FCMAT)-which includes sections that address fiscal and business operations as well as academics that will be used during the annual visit to the charter school; and the "Report Submission Timeline Form,"- which calendars due dates in four major categories including academics, attendance, governance and finances. The "Annual Oversight Checklist," the "Report Submission Timeline Form," along with the subsequent "MOU," language will be communicated to our respective district departments as well as the charters during regular consultations in order to share expectations for report submission, feedback and corrective action plans. Additionally, the AVUHSD will use a "Charter Budget Review Sheet," and the "California Charter School Financial Performance Measures," as additional internal district tools to guide ongoing reviews, feedback and corrective actions steps with charters. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/18/2018
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #29 To: Antelope Valley Union High School District
To better ensure effective oversight of its charter schools' finances, Antelope Valley Union should develop written procedures for addressing financial concerns, such as a charter school's failure to meet the minimum reserve requirement established in the district's memorandum of understanding with the charter school.
1-Year Agency Response
AVUHSD staff in collaboration with Educational Services, Business Services and the Superintendent have developed written procedures for addressing financial concerns, including but not limited to a charter's failure to meet the minimum reserve requirement. These written procedures correspond to current MOU language that includes relevant requirements regarding minimum reserve requirements and follow-up procedures. See Attachments ( Charter School Fiscal Oversight Procedures- section 3 subsection c., and MOU pgs. 10-11).
- Completion Date: September 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Antelope Valley Union provided a copy of its written procedures for addressing financial concerns, such as a charter school's failure to meet the minimum reserve requirements.
6-Month Agency Response
District staff in collaboration with Educational Services, Business Services and the Superintendent are in the process of developing written procedures for addressing financial concerns, including but not limited to a charter's failure to meet the minimum reserve requirement. These written procedures will be incorporated into corresponding MOU language with the charters that include relevant requirements and best practices.
- Estimated Completion Date: 20/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The AVUHSD's is in the process of developing a standard MOU with charters as a condition of approval for new petitions and renewal petitions. The revised charter MOU, once Board approved, will include written procedures for addressing financial concerns, such as failure to meet the minimum reserve requirement and significant changes in budget and enrollment that represent significant changes from assumptions and projections to actuals. The AVUHSD may include the internal use of supplementary financial tools such as the "Charter Budget Review Sheet," and the "California Charter School Financial Performance Measures," to guide financial reviews and develop timely feedback processes to charters that include corrective actions and next steps. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/18/2017
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #30 To: Antelope Valley Union High School District
To better ensure effective oversight of its charter schools' finances, Antelope Valley Union should place a district representative as a nonvoting member on each charter school's governing board.
Annual Follow-Up Agency Response From October 2022
The AVUHSD staff in charge of charter oversight attends Charter Board meetings whenever possible, and feels that this practice, in addition to receiving all Board agendas, Board minutes and Board attachments of the charter, as well as Board Member information relating to Experience and Conflict of Interest, provides our district with sufficient transparency and oversight of Charter School Governance, as it pertains to Charter Finances.
The Director of Fiscal and Business services as well as the Director of Categorical and Special Programs in charge of Charter School oversight attended the Desert Sands Board Mtg on June 24, 2019, where we received a schedule of all Desert Sands' Board Mtgs., scheduled for 2019-20. Desert Sands' Board members meet four times per year, with the next Board meeting scheduled for November 14, 2019, which will be attended by AVUHSD staff. We currently receive and review all Board Agendas, Minutes and corresponding attachments. Desert Sands' Board Meetings, Agendas and Minutes are posted on their Website as well.
Additionally, AVUHSD staff members visit the charter school as part of the consultation, feedback and oversight process and conclude the year with an annual visit that includes a comprehensive FCMAT analysis of the charter in all areas including but not limited to Fiscal and Business Operations. The results of the FCMAT analysis is shared annually with the AVUHSD Board of Trustees. Throughout the year, Charter Financial reports are submitted to the Director of Fiscal and Business Services, who conducts a fiscal analysis and provides feedback to the Charter as needed.
In respect to the actions referenced in this response, the AVUHSD believes that it ensures effective oversight of its charter school's finances by implementing a variety of checks and balances throughout the year in addition to attending the charter school's Board meetings.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We stand by our recommendation that the district should exercise its right to place a district representative as a nonvoting member on each charter school's governing board. As noted in Figure 3 of the audit report, a school district we reviewed waited nine months for its district representative to be appointed to the governing board of one of its charter schools. During that time, the charter school's governing board entered into a questionable lease and did not report that lease to the district, thus exacerbating the charter school's financial issues. Therefore, we believe that Antelope Valley Union could ensure timely oversight of its charter schools by placing a district representative on each charter school's governing board.
Annual Follow-Up Agency Response From October 2019
The AVUHSD staff in charge of charter oversight attends Charter Board meetings whenever possible, and feels that this practice, in addition to receiving all Board agendas, Board minutes and Board attachments of the charter, as well as Board Member information relating to Experience and Conflict of Interest, provides our district with sufficient transparency and oversight of Charter School Governance, as it pertains to Charter Finances.
The Director of Fiscal and Business services as well as the Director of Categorical and Special Programs in charge of Charter School oversight attended the Desert Sands Board Mtg on June 24, 2019, where we received a schedule of all Desert Sands' Board Mtgs., scheduled for 2019-20. Desert Sands' Board members meet four times per year, with the next Board meeting scheduled for November 14, 2019, which will be attended by AVUHSD staff. We currently receive and review all Board Agendas, Minutes and corresponding attachments. Desert Sands' Board Meetings, Agendas and Minutes are posted on their Website as well.
Additionally, AVUHSD staff members visit the charter school as part of the consultation, feedback and oversight process and conclude the year with an annual visit that includes a comprehensive FCMAT analysis of the charter in all areas including but not limited to Fiscal and Business Operations. The results of the FCMAT analysis is shared annually with the AVUHSD Board of Trustees. Throughout the year, Charter Financial reports are submitted to the Director of Fiscal and Business Services, who conducts a fiscal analysis and provides feedback to the Charter as needed.
In respect to the actions referenced in this response, the AVUHSD believes that it ensures effective oversight of its charter school's finances by implementing a variety of checks and balances throughout the year in addition to attending the charter school's Board meetings.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We stand by our recommendation that the district should exercise its right to place a district representative as a nonvoting member on each charter school's governing board. As noted in Figure 3 of the audit report, a school district we reviewed waited nine months for its district representative to be appointed to the governing board of one of its charter schools. During that time, the charter school's governing board entered into a questionable lease and did not report that lease to the district, thus exacerbating the charter school's financial issues. Therefore, we believe that Antelope Valley Union could ensure timely oversight of its charter schools by placing a district representative on each charter school's governing board.
1-Year Agency Response
As per AVUHSD Board Policy revised February 7, 2018, the Superintendent or designee shall attend meetings of the charter school board whenever possible and shall periodically meet with a representative of the charter school. See attachment (Charter Oversight BP 0420.41). As per current Board approved MOU language, the AVUHSD Superintendent or designee reserves the right to place a district representative as a non-voting member on each charter school's governing board. See Attached (MOU section VII subsection B).
At this time, the AVUHSD ensures effective oversight of its charter schools' finances by collaborating and meeting regularly with charter representatives and attending Board meetings whenever possible throughout the school year.
- Completion Date: September 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Partially Implemented
The district's memorandum of understanding states that it reserves the right to appoint a voting member to the Board of Directors of the nonprofit public benefit corporation to represent its interests. However, we believe that the district should exercise its right to place a district representative in order to ensure the representative's ability to attend all charter schools board meetings, including those that are not public. As noted in Figure 3 of the audit report, a school district we reviewed waited nine months for its district representative to be appointed to the governing board of one of its charter schools. During that time, the charter school's governing board entered into a questionable lease and did not report that lease to the district, thus exacerbating the charter school's financial issues.
6-Month Agency Response
The AVUHSD's Board of Trustees adopted proposed updates and revisions to Board Policy/Administrative Regulations for Charter oversight, authorization, renewal, and revocation on February 7, 2018. (See Attachments). These revisions align with the California School Board Association's recommendations and include the following language regarding oversight of finances pertaining to the charter governing board.
The Superintendent or designee shall attend meetings of the charter school board whenever possible and shall periodically meet with a representative of the charter school. (AVUHSD Board Policy, 0420.41(a) adopted on February 7, 2018)
District staff in collaboration with Educational Services and the Superintendent have consulted with Desert Sands three times so far this school year (See attachments) and has scheduled an annual oversight visit on April 18, 2018 using a checklist aligned to FCMAT. District staff in collaboration with Educational Services and the Superintendent will create a schedule to attend DSCHS Board Meetings. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 10/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The AVUHSD is considering an alternative option to placing a district representative as a non-voting member on the charter schools governing board. The AVUHSD may adopt similar protocol and Board Policy/ MOU language that resembles the policy and MOU language of the Los Angeles County Office of Education's Governing Board. "For all regular and special meetings of the governing board and all standing committee meetings, the Charter School shall provide the AVUHSD with written notification of the meeting, including a copy of the posted agenda, which shall be posted on the Charter School's website no less than 72 hours prior to a regular meeting and no less than 24 hours prior to a special meeting, in compliance with the Americans with Disabilities Act." Within ten (10) working days of board meetings, the Charter School shall provide the AVUHSD with an audio recording of the meeting and all materials provided to the governing board by its administration, contractors, or the public including approved previous meeting minutes. Once approved by the Charter School's governing board, the Charter School shall provide the AVUHSD with a copy of the minutes of the meeting within ten (10) calendar days. All policies, policy changes, and approved meeting minutes shall be posted on the Charter School's website no more than 30 days after each meeting." For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/18
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #31 To: Antelope Valley Union High School District
To better ensure effective oversight of its charter schools' finances, Antelope Valley Union should provide charter schools with written feedback and recommendations for improving their financial operations after completing its financial reviews and annual oversight visits.
1-Year Agency Response
The AVUHSD staff, in collaboration with Educational Services, Business Services, Facilities, Personnel Services, Student Services and the Superintendent conducts annual charter onsite visits, and interviews charter staff using the Fiscal Crisis & Management Team (FCMAT) checklist. After the visit, the AVUHSD staff,in collaboration with Educational Services, Business Services, Facilities, Personnel Services, Student Services and the Superintendent provides its charter schools and its Board with a FCMAT Report that includes written findings and recommendations for improving financial and academic operations as needed. See Attachments- (AVUHSD Charter School Annual Oversight Checklist-DSPCS-FCMAT and DSPCS Annual Board Report).
Board Policy 0420.41 revised (February 7, 2018) on Charter Oversight states the following:
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, annual update of the school's LCAP, first and second interim financial reports, and final unaudited report for the full prior year. See Attachment (BP 0420.41 Pg 2 highlighted text, DSPCS Petition- Appendices A and D and DSPCS Renewal Staff Report, Pg 10).
Current MOU language with AVUHSD approved charters include oversight sections that address financial monitoring and timely response to the Charter School's finances. See attachment (DSPCS MOU) Pg 4, section B Oversight, subsections 2,5,9.
The AVUHSD staff in collaboration with Business Services developed written Fiscal Oversight Procedures that correspond to current BP and MOU language to further shore up fiscal oversight of its charter schools. See attachment (Charter School Fiscal Oversight Procedures).
- Completion Date: May 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Antelope Valley Union provided a copy of a completed Fiscal Crisis & Management Team (FCMAT) checklist that it provided to one of its charter schools and its Board.
6-Month Agency Response
District staff in collaboration with Educational Services, Business Services and the Superintendent will provide charter schools with written feedback and recommendations for improving their financial operations as needed after completing its financial reviews from the FCMAT aligned checklist during annual oversight visits, and also from financial reports received throughout the school year. Newly adopted Board policy (February 7, 2018) on Charter Oversight states the following:
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, annual update of the school's LCAP, first and second interim financial reports, and final unaudited report for the full prior year. (Education Code 47604.32, 47604.33, 47606.5)
Future MOU language with AVUHSD approved charters will include sections that address written feedback with recommendations for improving financial operationsas needed. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs-jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 10/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The AVUHSD will develop written procedures expressed in proposed Board Policy-Admin Rules and Regulations and subsequent MOU's that include written feedback and recommendations for improving financial operations that may include a timeline for the internal use of supplementary financial tools such as the "Annual Oversight Checklist," the "Charter Budget Review Sheet," and the "California Charter School Financial Performance Measures," to guide financial reviews and to guide the development of timely feedback communications and processes that include timelines for corrective actions and next steps for charters. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/18
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #32 To: Antelope Valley Union High School District
To ensure that charter schools work toward the academic goals established in their charters, Antelope Valley Union should adopt a policy requiring it to provide its charter schools with timely feedback and recommendations regarding academic performance.
1-Year Agency Response
The AVUHSD staff in collaboration with Educational Services and the Superintendent, revised Board Policy 0420.41 (Charter Oversight) on February 7, 2018. BP 0420.41 states the following:
The Board shall monitor each charter school to determine whether it is achieving, both schoolwide and for all groups of students served by the school, the measurable student outcomes set forth in the charter. This determination shall be based on the measures specified in the approved charter and on the charter school's annual review and assessment of its progress toward the goals and actions identified in its local control and accountability plan (LCAP). See Attachment- (BP 0420.41 Pg 2 highlighted text and Exhibit A- LCAP DSPCS- Annual Update).
Additionally, AVUHSD, now requires its Charter Schools to submit their LCAP Annual Update to Board for academic review in the Spring of each year. See attachment (Charter School Fiscal and Academic Oversight Procedures).
The results of the LCAP Annual Update will be incorporated into the Annual Oversight process to provide charter schools with timely feedback and written recommendations regarding academic performance as per AVUHSD Charter School Academic Oversight Procedures.
Current MOU language with AVUHSD approved charters include oversight sections that address academic monitoring and timely response to the Charter School's academic outcomes in relation to their LCAP AMO's. See attachment- (DSPCS MOU) Pg 4, section B Oversight, subsections 1,4,7.
- Completion Date: March 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Antelope Valley Union provided a copy of its oversight procedures that require it to provide its charter schools with timely feedback and recommendations regarding academic performance.
6-Month Agency Response
District staff, in collaboration with Educational Services and the Superintendent, has developed the "Annual Oversight Checklist," aligned with FCMAT that is now being incorporated into the annual oversight visits and covers all areas of the charters including academics as it relates to the Charter's LCAP and petition goals, and the California School Dashboard. This tool includes narrative boxes for timely feedback and recommendations, which will be used periodically throughout the next school year during consultation visits and also this year, April 18, 2018 for the DSCHS annual oversight visit. The same document and feedback process will be used for the Academies of the Antelope Valley.Newly adopted Board policy (February 7, 2018) on Charter Oversight states the following:
The Board shall monitor each charter school to determine whether it is achieving, both schoolwide and for all groups of students served by the school, the measurable student outcomes set forth in the charter. This determination shall be based on the measures specified in the approve charter and on the charter school's annual review and assessment of its progress toward the goals and actions identified in its local control and accountability plan (LCAP).
Future MOU language with AVUHSD approved charters will include sections that address timely feedback and recommendations regarding academic performance. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs-jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 06/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The AVUHSD will develop written procedures expressed in Board Policy-Admin Rules and Regulations that include a timeline for the internal use of supplementary tools and processes such as the "Annual Oversight Checklist," and district /charter consultation visits. These tools and processes will help guide the academic progress reviews addressing the goals and outcomes of all student groups. The "annual oversight checklist," can also be used throughout the year along with the LCAP update and revision process during regularly scheduled consultation visits to guide the development of district/charter collaboration that offers timely feedback and recommendations to charters regarding academic goals and performance, in order to ensure that charter schools work toward the academic goals established in their charters.
For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/2018
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #33 To: Antelope Valley Union High School District
To ensure that charter schools work toward the academic goals established in their charters, Antelope Valley Union should adopt an academic oversight policy that includes steps for working with charter schools with poor performance results.
1-Year Agency Response
The AVUHSD staff in collaboration with Educational Services and the Superintendent, adopted Board Policy 0420.41 (Charter Oversight) on February 7, 2018. BP 0420.41 states the following:
If, in three out of four consecutive school years, a charter school fails to improve outcomes for three or more student subgroups identified in Education Code 52052, or for all of the student subgroups if the school has fewer than three, in regard to one or more state or school priorities identified in the charter, the district: (Education Code 47607.3)
1. Shall provide technical assistance to the charter school using an evaluation rubric adopted by the SBE pursuant to Education Code 52064.5
2. May request that the Superintendent of Public Instruction (SPI), with SBE approval, assign the California Collaborative for Educational Excellence to provide advice and assistance to the charter school pursuant to Education Code 52074
See Attachment- (BP 0420.41 Pg 3 Technical Assistance/Intervention).
Additionally, AVUHSD, now requires its Charter Schools to submit their LCAP Annual Update to Board for academic review in the Spring of each year. See attachment (Exhibit A- LCAP Desert Sands and Charter School Fiscal and Academic Oversight Procedures).
The results of the LCAP Annual Update will be incorporated into the Annual Oversight and consultation process to provide charter schools with timely feedback and written recommendations regarding academic performance as per AVUHSD Charter School Academic Oversight Procedures.
Current MOU language with AVUHSD approved charters include oversight sections that address academic monitoring and timely response to the Charter School's academic outcomes in relation to their LCAP AMO's. See attachment- (DSPCS MOU) Pg 4, section B Oversight, subsections 1,4,7.
- Completion Date: September 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Antelope Valley Union provided a copy of its oversight procedures that include steps for working with charter schools with poor academic performance.
6-Month Agency Response
Future MOU language with AVUHSD approved charters will correspond with Charter School Board policy and include language that includes steps for working with charter schools with poor academic performance results, throughout the year. Newly adopted Board policy (February 7, 2018) on Charter Oversight states the following:
If, in three out of the four consecutive school years, a charter school fails to improve outcomes for three or more student subgroups identified in Education Code 52052, or for all of the student subgroups if the school has fewer than three, in regard to one or more state or school priorities identified in the charter the district: (Education Code 47607.3)
1.Shall provide technical assistance to the charter school using an evaluation rubric adopted by the SBE pursuant to Education Code 52064.5
2.May request that the Superintendent of Public Instruction (SPI), with SBE approval, assign the California Collaborative for Educational Excellence to provide advice and assistance to the charter school pursuant to Education Code 52074
- Estimated Completion Date: 10/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The AVUHSD is currently reviewing its Charter Board Policy to include academic oversight written procedures that utilize quarterly district/charter school consultation practices to address academic goals, outcomes and performance indicators for charter schools. The performance tools (Dashboard) and academic review checklists(see attachment Annual Review Checklist)used in district/charter consultation visits will help to ensure that AVUHSD provides the necessary guidance to support charter schools in working toward their academic goals and will also help foster district collaboration processes with charters on creating next steps and recommendations when their performance results are less than anticipated. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/2018
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #34 To: Antelope Valley Union High School District
To ensure that charter schools work toward the academic goals established in their charters, Antelope Valley Union should provide its charter schools with annual oversight reports on their academic performance.
1-Year Agency Response
AVUHSD staff in collaboration with Educational Services and the Superintendent provides its Board and charters with annual oversight reports using the FCMAT aligned Annual Oversight Checklist and the charter school's petition, as it pertains to Measurable Pupil Objectives (MPOs) and LCAP Annual Measurable Objectives (AMOs). See Attachment- (AVUHSD Charter School Annual Oversight Checklist Desert Sands, Feedback sections on Pg. 13, pg. 36, pg. 44, pg. 57, pg. 64, pg. 75, pg. 83, pg. 91 and Appendix A-list of documents reviewed).
- Completion Date: May 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Antelope Valley Union provided a copy of a completed Fiscal Crisis & Management Team (FCMAT) checklist that it provided to one of its charter schools and its Board. The checklist section specific to the charter school's educational program notes that the school has implemented an ongoing cycle of continuous improvement. It also notes other efforts that the school has taken to improve the academic performance of its students.
6-Month Agency Response
District staff, in collaboration with Educational Services and the Superintendent provides charter summary reports, which include academic performance, to the Board annually based on consultation and annual oversight visits. District staff, in collaboration with Educational Services and the Superintendent will also share those reports with their respective charters. Additionally, the academic portion of the Annual Oversight Checklist-aligned with FCMAT, will be incorporated into the Board reports and used to address progress made toward academic goals and student performance as they relate to the Charter's LCAP goals and the California School Dashboard upon availability. District staff in collaboration with Educational Services and the Superintendent will provide its charter with an annual written report using the results gathered from the Annual Oversight Checklist- aligned with FCMAT.
- Estimated Completion Date: 10/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
AVUHSD presents Charter summary reports to the Board annually and may also share those reports with their respective Charters. Proposed Charter Board Policy-Administrative Rules and Regulations as well as subsequent MOU proposed language will address the need for the AVUHSD to collaborate with charters on their performance as indicated in state and local academic reports that compare all students as well as student groups with students attending the AVUHSD. The AVUHSD will provide charters with assistance as needed for creating academic reports that help to compare how their students are performing in comparison to the students of AVUHSD. Additionally, AVUHSD may adopt written procedures aligned with proposed Board Policy and subsequent proposed MOU language that standardizes the use of tools such as the "Annual Oversight Checklist," (see attachment) aligned with FCMAT to address the charter's education program, ongoing assessment, and LCAP requirements for academic progress. The use of electronic checklists that include sections for feedback will support AVUHSD in the process of providing timelyfeedback with recommendations to ensure that charter schools work toward academic goals established in their charters. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/2018
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #35 To: Antelope Valley Union High School District
Antelope Valley Union should maintain active memorandums of understanding with its charter schools that describe the district's oversight responsibilities and ensure the schools meet the measurable student outcomes to which they have agreed.
1-Year Agency Response
AVUHSD staff in collaboration with Educational Services, Desert Sands Public Charter School staff and the Superintendent developed an MOU that was submitted to the AVUHSD Board with their renewal petition on October 10, 2018. The MOU aligns with BP 0420.41 and AVUHSD Internal Written procedures for Academic Oversight that include internal controls and procedures for written feedback, recommendations and steps for assisting charters who do not make outcomes schoolwide and for all student groups as indicated in their petition as it pertains to Measurable Pupil Outcomes (MPO's) and LCAP Annual Measurable Objectives (AMO's). See Attachments- (Charter Oversight BP 0420.41, DSPCS MOU 10-10-18 and Charter School Fiscal and Academic Oversight Procedures.
- Completion Date: October 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
Antelope Valley Union provided a copy of its current memorandum of understanding that references the district's board policy for oversight monitoring of its independent charter school's educational program. The district's oversight procedures provide additional details on the district's responsibility for ensuring that the charter school meets its measurable student outcomes.
6-Month Agency Response
District staff, in collaboration with Educational Services and the Superintendent are in the process of creating MOU's that align with the AVUHSD newly adopted Board policies (February 7, 2018) on Charter School Authorization, Oversight, Renewal and Revocation.
- Estimated Completion Date: 10/2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The AVUHSD is currently in the process of reviewing our Board Policies and MOU's on Charter Schools to align with the California School Board Association (CSBA) sample policy language on Charter School Authorization, Charter Oversight, and Charter Renewal. Additionally, the AVUHSD has access to several template resources from CARSNet, FCMAT, LACOE and the National Association of Charter School Authorizers (NACSA), to create a standard MOU that helps to establish and foster best practices for effective charter oversight, between the charters and the AVUHSD. For new charters and all charters submitting renewal petitions, the proposed, revised MOU will be signed by the charter as a condition of approval upon petition submission. Proposed MOU language will address the annual review of compliance to the MOU in the district's annual charter report to the Board. For any follow-up questions, contact Julianne Vela- Director of Categorical and Special Programs- jvela@avhsd.org -(661) 952-2249.
- Estimated Completion Date: 4/17/2018
- Response Date: December 2017
California State Auditor's Assessment of 60-Day Status: Pending
Per Antelope Valley Union's response, its implementation of this recommendation is currently pending.
Recommendation #36 To: New Jerusalem Elementary School District
To make certain that it authorizes only qualified petitions, New Jerusalem should revise its charter school authorization policy to require the documentation of its evaluation of charter school petitions. The district should present this documentation to its governing board for its consideration.
6-Month Agency Response
The governing board has approved changes to the district's policies which will require the documentation of its evaluation of charter school petitions.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now requires the district to document its evaluation of charter school petitions and to provide that documentation to its governing board for consideration.
60-Day Agency Response
The district will revise its charter school authorization policy to require further documentation of its evaluation of the charter school petitions. This additional documentation will be presented to the governing board.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #37 To: New Jerusalem Elementary School District
To ensure that it has a method to hold charter schools accountable for their educational programs, New Jerusalem should, as a best practice, strengthen its authorization process by using the State Education Board's criteria for evaluating petitions.
6-Month Agency Response
The governing board has adopted policies which ensure utilization of the State Board of Education's criteria for evaluating charter petitions.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now requires the district to use the State Board of Education's criteria for evaluating petitions.
60-Day Agency Response
The district will revise its authorization matrix to include all the criteria which is used by the SBE for evaluating petitions.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #38 To: New Jerusalem Elementary School District
To ensure compliance with state law, New Jerusalem should immediately establish a procedure to periodically review and update its charter school policy to include all of the requirements in state law.
6-Month Agency Response
The governing board has approved a procedure by which the district will periodically review and update its charter school policies to include all of the requirements in state law.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now requires the district to review and update its charter school authorization policy and administrative regulation in January of each year, and periodically as necessary, to incorporate changes in the law.
60-Day Agency Response
The district will establish a procedure to periodically review and update its charter school policy to ensure it includes all of the requirements in state law. This review will be submitted to legal counsel for their review.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #39 To: New Jerusalem Elementary School District
To ensure compliance with state law, New Jerusalem should immediately review petitions to ensure they include all of the requirements in state law at the time of their approval.
6-Month Agency Response
The governing board has approved policies to ensure petitions include all of the requirements in state law at the time of approval.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now includes the requirements in state law that were missing from its previous board policy.
60-Day Agency Response
The district will update its review petition policies and practices to ensure any petitions include all of the requirements in state law at the time of their approval.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #40 To: New Jerusalem Elementary School District
To ensure compliance with state law, New Jerusalem should immediately require its charter schools to submit material revisions when they add new locations.
6-Month Agency Response
The governing board has approved procedures which will require charter schools to submit material revision when they add new locations.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now requires its charter schools to submit material revisions when they add new locations.
60-Day Agency Response
The district will require its charter schools to submit material revisions when adding new locations. Our policies and MOU's will reflect this requirement.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #41 To: New Jerusalem Elementary School District
To ensure compliance with state law, New Jerusalem should immediately track its actual costs for providing oversight and verify that its oversight fees do not exceed legal limits.
1-Year Agency Response
Beginning with the 2018-2019 school year, the District is tracking its actual costs of oversight, including the value of staff time spent on oversight, and will verify at the end of the school year that the annual oversight fees do not exceed the actual costs of oversight.
- Completion Date: August 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
New Jerusalem provided examples of documents that it is using to track actual costs of oversight, such as a spreadsheet that tracks the time district representatives attend charter school board meetings. It also stated that it will conduct a review of email exchanges and invoices toward the end of the school year to identify other resources devoted to charter school oversight.
6-Month Agency Response
The district will begin to track its actual costs for providing oversight and verify that its oversight fees do not exceed legal limits begin with Fiscal year 2018/2019.
- Estimated Completion Date: July 1, 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The district will begin tracking actual costs for providing oversight to ensure they do not exceed legal limits.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #42 To: New Jerusalem Elementary School District
To better ensure effective oversight of its charter schools' finances, New Jerusalem should develop written procedures for reviewing charter schools' financial information and conducting annual oversight visits. These procedures should include relevant requirements from memorandums of understanding with the charter schools and best practices.
6-Month Agency Response
The governing board has approved written procedures for reviewing charter schools' financial information and conducting oversight visits. These will be fully implemented beginning with Fiscal Year 2018/2019.
- Completion Date: July 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now describes the district process for monitoring the fiscal condition of its charter schools. Specifically, the district will use a financial oversight matrix that incorporates any applicable financial requirements identified in the charter school's charter document or any memorandum of understanding with the district.
60-Day Agency Response
The district will develop written procedures for reviewing charter schools' financial information when submitted. In addition, the district will make this part of the existing annual oversight visit process.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #43 To: New Jerusalem Elementary School District
To better ensure effective oversight of its charter schools' finances, New Jerusalem should develop written procedures for addressing financial concerns, such as a charter school's failure to meet the minimum reserve requirement established in the district's memorandum of understanding with the charter school.
6-Month Agency Response
The district has developed written procedures for addressing financial concerns.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now describes the district process for addressing financial concerns related to its charter schools.
60-Day Agency Response
The district will develop written procedures for addressing financial concerns.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #44 To: New Jerusalem Elementary School District
To better ensure effective oversight of its charter schools' finances, New Jerusalem should place a district representative as a nonvoting member on each charter school's governing board.
Annual Follow-Up Agency Response From October 2022
We have placed a district representative, Alpana Carey onto the last remaining charter board, Pacific Charter Institute.
- Completion Date: December 2021
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
New Jerusalem provided meeting minutes showing that one of its district representatives was voted to the board of its charter school, Pacific Charter Institute.
Annual Follow-Up Agency Response From October 2021
Due to covid, we had delays in getting a board member seated on the final independent school board, Valley View. We have identified two candidates, one of which will be selected by Valley View next month and be seated in December.
- Estimated Completion Date: December 2021
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Per New Jerusalem Elementary School District's response, it will not fully implement this recommendation until December 2021.
Annual Follow-Up Agency Response From October 2020
The district will be placing a representative on the only remaining board for which it does not have a current representative; Valley View Charter Prep. The representative will be placed at their December board meeting.
- Estimated Completion Date: 12/19/2020
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Per the district's response, it will not fully implement this recommendation until December 2020.
Annual Follow-Up Agency Response From October 2019
The District is monitoring the agendas of the governing boards of the independent charter schools it authorized. The operating memorandums of understanding between the District and each independent charter school require the charter school to provide the agenda and board packet to the District in advance of the meeting, and the District ensures it receives and reviews the agendas prior to the meeting. When questions arise regarding agenda items, the District contacts the charter school directly. At this time, the District has not placed a district representative as a nonvoting member on each independent charter school's governing board upon the advice of its legal counsel. California law does not permit nonvoting members on the governing boards of nonprofit corporations, pursuant to Corporations Code section 5047. There are also concerns regarding potential conflicts of interest when a District representative serves on the governing board of an organization over which the District exercises oversight authority.
The District's Board of Trustees is the governing board of the dependent charter schools supported by District.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We stand by our recommendation that New Jerusalem should exercise its right to place a district representative as a nonvoting member on each charter school's governing board. As noted in Figure 3 of the audit report, New Jerusalem waited nine months for its district representative to be appointed to the governing board of one of its charter schools. During that time, the charter school's governing board entered into a questionable lease and did not report that lease to the district, thus exacerbating the charter school's financial issues. Therefore, we believe that New Jerusalem could ensure timely oversight of its charter schools by placing a district representative on each charter school's governing board.
1-Year Agency Response
The District is monitoring the agendas of the governing boards of the independent charter schools it authorized. The operating memorandums of understanding between the District and each independent charter school require the charter school to provide the agenda and board packet to the District in advance of the meeting, and the District ensures it receives and reviews the agendas prior to the meeting. When questions arise regarding agenda items, the District contacts the charter school directly. At this time, the District has not placed a district representative as a nonvoting member on each independent charter school's governing board upon the advice of its legal counsel. California law does not permit nonvoting members on the governing boards of nonprofit corporations, pursuant to Corporations Code section 5047. There are also concerns regarding potential conflicts of interest when a District representative serves on the governing board of an organization over which the District exercises oversight authority.
The District's Board of Trustees is the governing board of the dependent charter schools supported by District.
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
The district notes that California Corporations Code section 5047 prevents it from implementing this recommendation with regard to nonvoting board members. However, California Education Code section 47604(b) also allows districts to place a representative on the board of directors of their charter schools' nonprofit public benefit corporations. Thus, we believe that districts can still place a district representative on a charter school's board.
6-Month Agency Response
The district has developed policies which will allow for the placement of a district representative on each charter school's governing board.
- Estimated Completion Date: July 1, 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The district currently has a member on the board of most of the charter schools they have approved. The district will work with the remaining charter schools to place a member on their board.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #45 To: New Jerusalem Elementary School District
To better ensure effective oversight of its charter schools' finances, New Jerusalem should provide charter schools with written feedback and recommendations for improving their financial operations after completing its financial reviews and annual oversight visits.
1-Year Agency Response
The District has incorporated written feedback and recommendations into its annual oversight review, and its review of financial reports as they are received. Beginning with the 2018-2019 school year, the District is providing written feedback and recommendations regarding financial operations.
- Completion Date: August 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
The district provided an example of one charter school's unaudited actual financial data report and the accompanying feedback that it prepared for the charter school.
6-Month Agency Response
The district will provide charter schools with written feedback and recommendations for improving their financial operations after completing its financial reviews and annual oversight visits beginning with Fiscal Year 2018/2019.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Because the district has not yet provided its charter schools with written feedback and recommendations for improving their financial operations, we will continue monitoring this recommendation through fiscal year 2018-19.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
The district will provide written feedback and recommendations if financial issues or concerns are discovered while completing its financial reviews and/or annual oversight visits.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #46 To: New Jerusalem Elementary School District
To ensure that charter schools work toward the academic goals established in their charters, New Jerusalem should adopt a policy requiring it to provide its charter schools with timely feedback and recommendations regarding academic performance.
6-Month Agency Response
The governing board has adopted a policy which will require the district to provide its charter schools with timely feedback and recommendations regarding academic performance beginning in academic year 2018/2019.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now requires the district to provide its charter schools with timely feedback and recommendations regarding academic performance.
60-Day Agency Response
The district will adopt a policy which will ensure timely feedback and recommendations regarding the charter schools' academic performance.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #47 To: New Jerusalem Elementary School District
To ensure that charter schools work toward the academic goals established in their charters, New Jerusalem should adopt an academic oversight policy that includes steps for working with charter schools with poor performance results.
6-Month Agency Response
The governing board has adopted an academic oversight policy that includes steps for working with charters with poor performance results. This will be utilized beginning in academic year 2018/2019.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Fully Implemented
New Jerusalem provided a copy of its revised board policy, which now describes the district's process for working with charter schools with poor performance results.
60-Day Agency Response
The district will adopt an academic oversight policy which will include steps for working with charter schools which show poor academic performance.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #48 To: New Jerusalem Elementary School District
To ensure that charter schools work toward the academic goals established in their charters, New Jerusalem should provide its charter schools with annual oversight reports on their academic performance.
Annual Follow-Up Agency Response From October 2019
The district provides each charter with an annual report on their academic performance. We will be sending you one such report via email. The data used is from the California Assessment of Student Performance and Progress.
- Completion Date: October 2019
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
New Jerusalem provided an example of an annual report on academic performance that it provided to one of its charter schools. The district also provided a copy of the accompanying letter that describes the charter school's performance and requests an improvement plan for improving the school's English and Language Arts scores.
1-Year Agency Response
The District has incorporated reports and recommendations into its annual oversight review, and its review of CAASPP scores and other assessments. Beginning with the 2018-2019 school year, the District is providing annual oversight reports on charter schools' academic performance.
- Completion Date: August 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Pending
The district noted that it is currently in the process of reviewing its charter schools' CAASPP scores, which were made public in October. The district plans to complete its review by December 2018 and share the reviews with each charter and the district's board of trustees to provide feedback and recommendations.
6-Month Agency Response
The district will provide its charters with annual oversight reports on their academic performance beginning in academic year 2018/2019.
- Completion Date: April 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Because the district has not yet provided its charter schools with annual oversight reports, we will continue monitoring this recommendation through the 2018-19 academic year.
- Auditee did not substantiate its claim of full implementation
60-Day Agency Response
Annually the district will compare actual academic performance with what the goals indicated in the original charter. A report will be developed from that analysis and sent to the charter schools.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
Recommendation #49 To: New Jerusalem Elementary School District
New Jerusalem should maintain active memorandums of understanding with its charter schools that describe the district's oversight responsibilities and ensure the schools meet the measurable student outcomes to which they have agreed.
1-Year Agency Response
The District has memorandums of understanding with each independent charter school and will review and update the agreements upon charter renewal, or more frequently as necessary to reflect changes in law and charter school conditions. Beginning in the 2018-2019 school year, the District will review the memorandum of understanding with the charter school as part of its annual oversight review.
- Completion Date: August 2018
- Response Date: October 2018
California State Auditor's Assessment of 1-Year Status: Fully Implemented
The district provided its latest memorandum of understanding template, which outlines district monitoring and the process that charter schools will follow when they fail to meet their measurable student outcomes.
6-Month Agency Response
The district will maintain active MOU's with its charter schools that describe the district's oversight responsibilities to ensure the schools meet the measurable student outcomes to which they have agreed.
- Estimated Completion Date: July 1, 2018
- Response Date: April 2018
California State Auditor's Assessment of 6-Month Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
60-Day Agency Response
The district will ensure all of the MOU's in place are thoroughly written to include the district's oversight responsibilities; including measurable student outcomes.
- Estimated Completion Date: April 2018
- Response Date: February 2018
California State Auditor's Assessment of 60-Day Status: Pending
Per New Jerusalem's response, its implementation of this recommendation is currently pending.
All Recommendations in 2016-141
Agency responses received are posted verbatim.