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Special Meeting of the Board of Education
Newport-Mesa USD
November 15, 2018 4:00PM
District Education Center - Roderick H. MacMillian Board Room 2985 A Bear Street Costa Mesa, California 92626

1. Roll Call - 2:00 p.m.
1.a. Board of Education/Superintendent
Minutes:
The Board of Education and Superintendent roll call was taken and the following were present:

Vicki Snell, President
Charlene Metoyer, Vice President
Martha Fluor, Clerk
Walt Davenport, Member
Judy Franco, Member
Dana Black, Member
Karen Yelsey, Member
Dr. Frederick Navarro, Superintendent
2. Community Input on Closed Session Agenda Items
2.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
Quick Summary / Abstract:

This is an opportunity for the public to address the Board regarding items on the Closed Session agenda only. Each speaker has 3 minutes to address the Board and speakers may not cede unused time to other speakers. Per BB 9323, there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. 

Depending upon the nature of the comments, the Board President or Superintendent may respond or the President may call upon Board members for brief comments, questions of clarification, provide a reference to staff or other resources for factual information, or request the Superintendent to report back to the Board at a subsequent meeting concerning the matter. All comments are recorded in full on the meeting video record and DVD copies of the complete meeting are available to check out from the Superintendent's office for three business days or for purchase for $1.00. When addressing the Board, it is helpful if you state your name and address for the record.

Minutes:
There were no public comments on closed session items.
3. Closed Session
Minutes:
The Board of Education met in closed session from 2:02-3:54 p.m. to discuss item 3.a.
President Snell read the following statement into the record:
"One case is the recommended denial of the International School for Science and Culture Charter."
3.a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 2 cases
4. Open Session 4:00 p.m.
5. Call to Order
5.a. Call to Order - Presiding Chairperson
Minutes:
President Snell called the meeting to order at 4:01 p.m.
6. Opening Ceremonies
6.a. Silent Invocation/Pledge of Allegiance to the Flag
Minutes:
President Snell opened the meeting with a moment of reflection and the Pledge of Allegiance to the Flag.
7. Adoption of Agenda
7.a. Adoption of Agenda
Recommended Motion:
It is recommended that the Board of Education adopt the special meeting agenda as presented.
Actions:
Motion
It is recommended that the Board of Education adopt the special meeting agenda as presented.
Passed with a motion by Martha Fluor and a second by Walt Davenport.
Vote:
Yes Dana Black.
Yes Walt Davenport.
Yes Martha Fluor.
Yes Judy Franco.
Yes Charlene Metoyer.
Yes Vicki Snell.
Yes Karen Yelsey.
8. Community Input on Special Agenda Items Only
8.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
Quick Summary / Abstract:
This is an opportunity for the public to address the Board regarding items on the Special Meeting agenda.  Each speaker has 3 minutes to address the Board and speakers may not cede unused time to other speakers. Per BB 9323, there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. 

Depending upon the nature of the comments, the Board President or Superintendent may respond or the President may call upon Board members for brief comments, questions of clarification, provide a reference to staff or other resources for factual information, or request the Superintendent to report back to the Board at a subsequent meeting concerning the matter. All comments are recorded in full on the meeting video record and DVD copies of the complete meeting are available to check out from the Superintendent's office for three business days or for purchase for $1.00. When addressing the Board, it is helpful if you state your name and address for the record.

The Board may hold comments on Discussion/Action Calendar items to be heard during the Board's consideration of that item.

Minutes:
All comments are recorded in full on the meeting video record that is available on a DVD to check out from the Superintendent's office for three business days or for purchase for $1.00.

President Snell read the following, "Public comments on Item 9.a. Action on Request for Approval of Charter for International School for Science and Culture and Adopt Resolution No. 11-11-18, will be held for consideration during that item, after the district administration and the charter petitioners have been given the opportunity to make presentations on this item, but before the board acts."

The following individuals shared comments with the Board on Item 9.a.
1. Michelle Anderson, from CA Charter School Association in favor of the charter petition.
2. Tho Tran, parent in favor of charter petition
3. Ruth Kobayashi, NMUSD parent asks for denial of charter petition
4. Britt Dowdy, President of NMFT asks for denial of charter petition
5. Jane Hartley, NMUSD teacher asks for denial of charter petition
6. Peggy Lenhart, NMUSD teacher asks for denial of charter petition
7. Cheryl Sikes, NMUSD teacher asks for denial of charter petition
8. Sandee Gordon, NMUSD teacher asks for denial of charter petition
9. Charlotte Zaremba, NMUSD teacher asks for denial of charter petition
10. Sarah Awwarter, NMUSD teacher asks for denial of charter petition
11. Aimee Gealer, NMUSD teacher asks for denial of charter petition
9. Discussion/Action Calendar
9.a. Action on Request for Approval of Charter for International School for Science and Culture and Adopt Resolution No. 11-11-18
Recommended Motion:
It is recommended that the Board of Education deny the Charter for the International School for Science and Culture by adopting the attached proposed Board Resolution No. 11-11-18 denying the Charter and making written factual findings in support of the denial.
Actions:
Motion
It is recommended that the Board of Education deny the Charter for the International School for Science and Culture by adopting the attached proposed Board Resolution No. 11-11-18 denying the Charter and making written factual findings in support of the denial with a roll call vote. Passed with a motion by Dana Black and a second by Martha Fluor.
Vote:
Yes Dana Black.
Yes Walt Davenport.
Yes Martha Fluor.
Yes Judy Franco.
Yes Charlene Metoyer.
Yes Vicki Snell.
Yes Karen Yelsey.
Financial Impact:
Financial impact is dependent upon action taken by the Board of Education.
Comments:
Background:
Pursuant to the Charter Schools Act of 1992 (Ed. Code § 47600 et seq.) a charter school petition proposing to operate a single charter school that will operate within the geographic boundaries of the Newport-Mesa Unified School District may be submitted to the District’s Board of Education after meeting certain signature requirements.  The Board of Education shall then receive the charter petition, hold a public hearing, and either take action to grant or deny the charter petition within specified timelines from that receipt.

Pursuant to Education Code Section 47605(b), the Board of Education may not deny a charter school petition unless it is not satisfied that granting the charter is consistent with sound educational practice.  Further, the Board of Education shall not deny a charter petition unless it makes written factual findings specific to the particular charter to support one or more of the following findings:

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

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

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

4. The petition does not include required affirmations.

5. The petition does not contain reasonably comprehensive descriptions of all of the 15 required charter elements.

6. The petition does not contain a declaration of whether the charter school will be deemed the exclusive public employer of employees of the charter school for purposes of the Educational Employment Relations Act.

On September 25, 2018, the Board of Education received the ISSAC Charter during an open, public meeting, thereby commencing the timelines for the action on the Charter.  In accordance with the Charter Schools Act, the Board of Education held a hearing on the provisions of the Charter on October 25, 2018, at which time the Board of Education considered the level of support for this Charter by teachers employed by the District, other employees of the District, and parents.  During that hearing, the lead petitioner, an ISSAC Board member, and two parents spoke in favor of the petition.  No District teachers and no other District employees or parents spoke in favor of the Charter, but the President of the Newport-Mesa Federation of Teachers as well as other District residents and community members spoke in opposition to the Charter.

The District administration and legal counsel conducted a comprehensive analysis of the ISSAC Charter petition and assessed it against the standards and requirements set forth in the Charter Schools Act of 1992 in order to develop final recommendations.  District administrative staff noted a large number of issues and concerns with the proposal set forth in the Charter, including issues/deficiencies supporting four of the legal findings for denial of a charter petition.  Several of the most significant of the concerns noted by the District administrative team and legal counsel are included as proposed factual findings in the recommended Resolution of Denial (attached).

Current Consideration:
Based on its review and analysis of the ISSAC Charter Petition, the District administrative staff believes that approving the ISSAC Charter is not consistent with sound educational practice and recommends that the Board of Education deny the Charter and make written factual findings supporting the denial.

Approved by:
Navarro/Lee-Sung/Legal
Board Agenda
November 13, 2018

Minutes:
President Snell made note that the Board just received a response document that was hand delivered at 3:55 p.m. by Patricia Gould, the charter petitioner. The Board took a few moments to read the document before proceeding.

Russell Lee-Sung presented a review of key concerns with the charter petition that is addressed in the resolution.

Patricia Gould shared disappointment in the district's Resolution 11-11-18 to recommend denial of the charter.

Community input was taken at this time.
1. Michelle Anderson, from CA Charter School Association, is in favor of the charter school
2. Tho Tran, in favor of the charter school
3. Ruth Kobayashi, NMUSD parent favors denial of charter petition
4. Britt Dowdy, NMFT President, favors denial of charter petition
5. Jane Hartley, NMUSD teacher favors denial of charter petition
6. Peggy Lenhart, NMUSD teacher favors denial of charter petition
7. Cheryl Sikes, NMUSD teacher favors denial of charter petition
8. Sandee Gordon, NMUSD teacher favors denial of charter petition
9. Charlotte Zaremba, NMUSD teacher favors denial of charter petition
10. Sarah Zaremba, NMUSD teacher favors denial of charter petition
11. Aimee Gealer, NMUSD teacher favors denial of charter petition

Following the community input, there were no questions from the Board members and they took action.
Attachments:
Resolution No. 11-11-18 - Resolution of Denial of ISSAC Charter
10. Adjournment
Minutes:
Meeting was adjourned at 4:47 p.m.
11/15/2018 2:00:00 PM ( Original )
PresentDana Black
PresentWalt Davenport
PresentMartha Fluor
PresentJudy Franco
PresentCharlene Metoyer
PresentVicki Snell
PresentKaren Yelsey

The resubmit was successful.