Charter

July 29, 2009 by  
Filed under News

Fresno Academy for Civic and
Entrepreneurial Leadership (ACEL)

Petition to Establish a Charter High School

Initial draft submitted November 14, 2006
Revision submitted January 19, 2007

Presented to the Board of Trustees
of the Fresno Unified School District

Founding Group

Richard Schorske, CEO, Design Sciences Network, Developer of Fresno Design Science H.S.
Deborah Nankivell, Executive Director, Fresno Business Council
Tim Stearns, Director, Lyles Center for Innovation and Entrepreneurship, CSUFresno
Genelle Taylor, Associate Director, Lyles Center for Innovation and Entrepreneurship
Kim Cole, Director, Center for Multicultural Cooperation, Fresno
Joy Uyeki, Instructor (retired), ROP, Fresno County office of Education
Kathleen O’Sullivan, Director of School Development, EdVisions

Respectfully submitted by John Minkler, Co-Founder and lead petitioner
2086 E. Skyview Ave. Fresno CA, 559-434-0645, johnminkler@comcast.net
Fresno Academy for Civic and Entrepreneurial Leadership (ACEL Fresno)

Contents of Petition

1. Element One (A): Educational Program
2. Element Two (B) – Measurable Pupil Outcomes
3. Element Three (C) – Method of Measuring of Pupil Progress
4. Element Four (D) – Corporate Structure
5. Element Five (E) – Employee Qualifications
6. Element Six (F) – Health and Safety Procedures
7. Element Seven (G) – Achieving Racial and Ethnic Balance
8. Element Eight (H) – Student Admissions
9. Element Nine (I) – Annual Financial Audits
10. Element Ten (J) – Student Suspensions and Expulsions
11. Element Eleven (K) – STRS, PERS and Other Retirement Coverage
12. Element Twelve (L) – Attendance Alternatives
13. Element Thirteen (M) – Employee Return Rights
14. Element Fourteen (N) – Dispute Resolution with Fresno Unified School District
15. Element Fifteen (O) – Public School Employer
16. Element Sixteen (P) – Procedures to be used if the charter school closes
17. Operating Principles
18. Legal Status and Liability
19. Staff Employment
20. Internal Dispute Resolution
21. Funding
22. District Services
23. Special Education
24. External Grants
25. Mandated Cost Recovery
26. Information Exchange
27. Charter Term and Renewal
28. Charter Amendments
29. Charter Petition Signature
The Fresno Academy for Civic and Entrepreneurial Leadership: Charter School Proposal

Mission: The mission of the Fresno Academy for Civic and Entrepreneurial Leadership (ACEL Fresno) is to develop diverse leaders with the knowledge and skills to achieve their career and education goals, and the character and commitment to develop healthy, sustainable, and delightful communities.

The Sixteen Required Charter Elements (A-P)

Element One (A): Educational Program

1.1. Responsiveness to Community and Student Needs: The Academy for Civic and Entrepreneurial Leadership (ACEL) responds to four high-priority needs articulated by Fresno’s business, education, and civic leaders:
§ To provide Fresno youth with opportunities to attend a small, personalized high school that successfully prepares them for college and family-supporting careers
§ To deeply connect diverse youth with the city’s many civic and entrepreneurial leadership opportunities – and thereby help to reverse the “brain drain” that is one of Fresno’s key sustainability challenges
§ To provide young people with an opportunity—through hands-on projects—to create meaningful and measurable improvements in community well-being & sustainability
§ To develop model curricula, assessments, and programs that can be shared with other high schools in Fresno and beyond.

Students to Be Served: ACEL plans to open with approximately 80 students in grade 9, building to an ultimate size of approximately 200 – 250 students in grades 9-12. ACEL will serve students from all social and economic groups within Fresno Unified School District and beyond; targeting youth who are:
§ interested in civic and entrepreneurial leadership and in project-based and service learning approaches;
§ who would benefit from a personalized learning plan and a small learning environment;
§ and who may be underperforming or experiencing suboptimal results in larger educational settings.
ACEL will not simply be a “smaller version” of existing offerings within Fresno Unified School District, it will be a fundamentally different offering in educational approach (featuring project-based and student-centered pedagogies), curriculum (focusing on real-world challenges in civic and organizational leadership as an integrating context for standards-based learning), and school culture (featuring intensive use of student advisories, public exhibition of learning results, and close integration with the servant-leadership culture of the Fresno Boys and Girls Club). Most importantly, with its very small size (1/10th as big as most existing FUSD high schools), ACEL will be able to deliver on this core attribute of effective education for all: “no child left unknown.”

Educational Philosophy: Every student has an academic and personal story. In large, impersonal secondary schools there is rarely an adult on campus who knows that story. And if someone on staff does have such information, the inflexibility of the school systems and practices do not allow for an educational plan to be tailored to the student’s individual needs. ACEL’s Individual Career, Education, and Service
(i-CES) Plans will ensure: 1) academic success through a variety of teaching and learning strategies designed to support project-based learning and civic-entrepreneurial experiences in the world beyond the classroom walls. ACEL is designed to reflect the “new three R’s” of “rigor, relevance, and relationships” that is considered to be essential hallmarks of the “reinvented” high school of the 21st century.

RIGOR – The Fresno Academy of Civic & Entrepreneurial Leadership will set rigorous expectations for the knowledge and skill mastery, career preparation, community service, and life success of each student. Students at ACEL will own their learning and leadership development process by constantly monitoring their own individual career, education, and service goals through the use of a student achievement data management and project management tool (described in detail later in this petition). This tool will track completion of all “A-G” requirements for entrance to University of California and CSU campuses, and the assessments needed to continue with their post-secondary education and training. Students will meet these requirements by completing high-quality group and individual projects, completing required core content standards and graduation requirements, receiving specialized assistance to address academic gaps, and electing enrichment opportunities of interest.

RELATIONSHIPS – ACEL will assign academic and community advisors to ensure students have the adult mentoring (relationships) needed to guide their academic and personal success. Students at ACEL will have an Academic Advisor supported by community-based project liaisons consistently teaching and mentoring on academic achievement, civic and entrepreneurial leadership, and healthy personal, social, and life practices. Academic Advisors, Project Managers and parents will assist students in developing personally tailored goals for post-secondary education and training, career preparation, and a successful transition from school to college and careers.

RELEVANCE – ACEL will provide students with the knowledge, skills, experience, and connections to master learning and leadership development tasks aligned to both personal interests and the needs of the “global/local” community through project work. Initially, Academic Advisors will guide students through more prescriptive projects. After exhibiting mastery of essential knowledge and skills, students will be given additional freedom and responsibility to develop and implement their own projects. Projects meeting state academic standards will reflect the passion and interests of the students. Through rigorous, standards-based projects students will also learn about business, entrepreneurship and social responsibility to their community.

1.2. Student Outcome Goals: ACEL Fresno will embrace the same foundational goals as the Fresno Unified School District. Academy teachers will partner with students and the extended school community to ensure that students:
1) Demonstrate proficiency in English language arts, math, history/social science, and science
2) Communicate effectively in writing, speech, and multimedia presentations
3) Demonstrate the capacity and commitment to effectively follow, lead, and work in a team
4) Master the skills required for further education and employment in family-supporting careers
In addition to these goals shared with the District, the Academy will enable its graduates to:
5) Develop the leadership skills and commitment to measurably advance civic prosperity, well-being, and sustainability
6) Effectively manage personal and organizational finances
7) Apply best practices in continuous quality improvement
8) Develop the “eight habits” of principle-centered leadership (articulated by Stephen Covey)
Be proactive
Begin with the end in mind
Put first things first
Think win-win
Seek first to understand, then to be understood
Synergize
Sharpen the saw [continuously improve one’s skills]
Find your voice and inspire others to find theirs
9) Develop a well-grounded plan for post-secondary education, training, and career development
10) Understand and apply principles and practices of healthy personal, social, and physical development
11) Demonstrate a positive attitude, and progressively develop the other values and virtues of great individuals who have embodied the enlightened human spirit.

1.3. Leadership Development Strategies: To empower students to grow in their leadership skills and abilities, ACEL/Fresno students will be intensively engaged in both school and community-based leadership and career development activities. These include:
Fresno 101: Students will engage in in-depth investigation of issues vital to the future of the city & region—including economic development, land use, environmental policy (air, water, food systems, etc.), public health, immigration, crime and social policy, youth development, education, and more.
Youth-to-youth service: Students will engage in serving other youth through such activities as mentoring and tutoring younger students in reading and math.
Participation in civic improvement efforts: Students will work with an established public sector or service organization of their choice to gain a first-hand experience of the rigors and rewards of community service.
Electoral campaign experience: Students will participate as a campaign volunteer in at least one local election (for a candidate or cause of their choice.)
Job shadowing with business and civic leaders: Students will job shadow business & civic leaders to gain an understanding of key leadership roles and opportunities in Fresno.
Develop and implement a venture plan: Students will work with at least one other Academy student and a college & community mentor team on a civic or entrepreneurial venture plan of their own design.
Public speaking on issues of the day: Students will research key issues and candidates on the ballot, and engage in public speaking & debate to refine their views
Participation in youth media: Students will be engaged in an Academy-produced television show on issues of local, national, & global significance.
Through these initiatives, Academy students will experience the close-knit quality of the Fresno business and civic community; and gain a first-hand understanding of the enormous opportunities for personal involvement in business and economic growth, civic improvement, and public service.

1.4. Educational Principles & Strategies: ACEL Fresno will help students achieve the Academy’s student outcome goals through an educational program that integrates civic and entrepreneurial projects with rigorous academic expectations. To build on a solid base of research and implementation of effective school models, ACEL Fresno is a partner in the EdVisions school network. This nationally recognized network of 35 schools (established in nine states) has been supported by the Bill and Melinda Gates Foundation because of the outstanding student learning results achieved, and its effective framework for developing the “Seven Attributes of Highly Effective Schools” – as validated by studies by the American Institute of Research (AIR) and the Stanford Research Institute (SRI). The Seven Attributes include: High Expectations, Personalized Environment, Respect and Responsibility, Time to Collaborate, Technology Used as a Tool, and Performance Based student assessment. ACEL’s implementation of these same elements will be consistent with the EdVisions model, and is described below:

Personalized Environment – A personalized educational environment requires a well-designed process to be effective. Key strategies for personalization at ACEL include: individual and small-group student advisories where there is a significant amount of staff interaction with students; progressively granted autonomy for students to develop projects of their own design; data-driven Individualized Career, Education, and Service Plans; and opportunities for mentoring by university students from Fresno State and professionals in the broader community.

Time to Collaborate – Sufficient time and a systematic process is needed to promote effective student/student, student/teacher, and teacher/teacher collaboration in a personalized learning environment. To support collaboration, ACEL’s Academic Advisors will schedule time to collaborate and develop skills and plans to meet every student’s needs. Parents will be recognized as partners in education and will be part of the planning as appropriate. ACEL will continually add to the existing “strategic ecosystem” of collaborations already established with community organizations (beginning with the Center for Multicultural Cooperation), businesses (beginning with Fresno Business Council), government (beginning with the City of Fresno), universities (beginning with CSU Fresno), and local schools (beginning with Tehipite Middle School). These partnerships will support personalized learning by connecting students with mentors, internships, and experts who can advise them in their project work. Additionally, these partnerships will allow students to present their work to audiences made up of leaders from the community.

Common Focus – All students at ACEL will share a common focus of developing civic and entrepreneurial leadership skills, with a specific focus on “global/local” service projects in Fresno and surrounding communities. ACEL students will engage in community projects and business ventures that provide appropriate levels of autonomy for students and rigorous frameworks for performance assessment that align to both state content standards and students’ own Individual Career, Education, and Service Plans. Students will learn to make their own connections in the community, and apply the content and skills they are learning to projects with “real-world” customers, who are counting on students’ demonstration of skill and responsibility.

High Expectations – The ACEL founders, board, and faculty members intend and expect that all of its students will succeed in learning and leadership, thanks to the right combination of high-quality teaching and learning strategies in a meaningful and relevant context, with personalized support. Moreover, the adults engaged in ACEL expect and intend that students will quickly adopt this core conviction as their own. A distinguishing feature of ACEL is that students will co-create this “culture of expectation and inspiration” at both the individual and school/community level. Rather than the staff alone having high expectations of students, students will actively participate in setting those high expectations, with the appropriate engagement of parents and other adult guides. Specifically, these high expectations will manifest as: student mastery of essential state academic standards; the development of the necessary life skills to progress to post-secondary education, training, and a meaningful career; a life of active and effective citizenship; and healthy personal, social, and life skills.

Respect & Responsibility – ACEL will utilize Stephen Covey’s “eight habits of success” (with its substantial infrastructure of learning materials and experiential training) to help cultivate a school atmosphere of mutual respect and responsibility to the larger community. By pro-actively creating their own personalized learning plans, students will understand that education is not something being “done to” them – that education is an opportunity that they (and only they themselves) can seize as a uniquely powerful vehicle for achieving their own dreams and visions, and for bettering their own communities and organizations through responsible servant-leadership.

Performance Based – A performance-based educational program promotes learning mastery by placing engaging learners as active participants in the assessment of their own work and that of their peers, and by drawing on higher order thinking skills (such as root cause analysis and systems thinking) as they apply their skills in public demonstrations of learning. ACEL will promote students based on demonstration (performance) of their mastery of essential knowledge aligned with California state standards, and essential leadership and life skills. Through the use of project management software, ACEL will utilize rubrics and checklists pertaining to leadership skill development; project management; and California standards-aligned essential knowledge. In addition, students will have performance portfolios of their work. Performance-based assessment prepares students for post-secondary education and job opportunities in an increasingly competitive global market because it resembles real world contexts much more than traditional tests.

Technology Used as a Tool – Research indicates that technology supports student skill-building and productivity only when students have consistent access to computers, the kinds of software applications used in high-performance workplaces, opportunities for exploration, and meaningful tasks focused on real-world results. ACEL will seek to ramp up a technology infrastructure that enables 1 to 1 student to computer access as quickly as possible given available funding. All students will be expected to master standard office productivity applications in their first year at ACEL. In addition, ACEL will deploy a project management software application that enables both students and staff to access student project work, to demonstrate alignment of student work with relevant standards, to display student assessment results, and to report to parents and the charter authorizer. Students will use this project management software on a daily basis to plan and organize their learning, to record and monitor their progress, to document their instructional minutes and to evaluate their own work and (as appropriate) the work of their team members and colleagues. In addition to computer hardware and software access, students will have appropriately supervised access to other office technologies, such as printers, cameras, fax machines, and video production equipment.

Summary of Learning Strategies Applied at ACEL – How Learning Best Occurs: The following table summarizes the key educational strategies that will be deployed at the Fresno Academy for Civic and Entrepreneurial Leadership. In addition to its close alignment with the 7 Attributes of Effective Schools identified by AIR and SRI (referenced above), ACEL has carefully integrated the research-validated framework developed by the National Center for Accountability in Education Best Practices Framework (which is also used by the Eli Broad Foundation to identify winners of the Broad Prize in Urban Education). The results of this synthesis, as well as ACEL’s unique elements — such as the emphasis on student leadership in alignment with the Covey Principles, and the emphasis on contemporary and future challenges in organizational and community sustainability — are described in the table below.

Student learning is optimized when…
Application in the ACEL Academy
A. Content and performance standards and goals are specifically identified, integrated across the curriculum and grade levels, and assessed in ways consistent with high-performance workplaces and colleges
1. Curricular content and performance standards are clearly identified, and there is adequate scaffolding of knowledge and skills. Students are clearly informed regarding what knowledge is “essential” vs. “good to know about”. Multiple means of assessment are utilized that reflect the rigor and diversity of assessment practices students will encounter in college and in high-skill careers. Assessment of essential knowledge is cumulative, so that students progressively develop a common core of knowledge specifically identified as important for long-term retention. The public exhibition of knowledge and skills is integrated into regular school practice.
B. Learning addresses the needs and challenges of real-world communities and organizations.
2. Students will identify important local community and organizational challenges (in both business and service-learning settings), and partner with external stakeholders to develop projects that address these challenges.
3. Students will learn project management skills (including financial and supervisory skills) as a component of the ACEL core curriculum.
C. Students have time to gain mastery of essential skills and knowledge before proceeding to the next challenge; and there is a “pyramid” of interventions in place
4. Differentiated learning opportunities will be provided to enable students to develop mastery of essential material at a pace that works for each individual; and multiple intervention strategies will be identified to address students whose learning pace is slower or faster than the norm.
D. Students and teachers are both committed to systematic and continuous quality improvement
5. Student engagement and work quality are enhanced when students and teachers understand and deploy the methods of continuous quality improvement, so that students are “drivers” of work quality. To gain access to powerful tools of continuous quality improvement (CQI), students will learn industry-standard CQI processes, such as those taught by W. Edwards Deming and promoted through the Malcolm Baldrige National Quality Award of the National Institute for Standards and Technology and the American Society for Quality’s “Baldrige in Education” initiative.
E. Students have substantive leadership roles in the learning environment
6. Students will help lead school planning, assessment, and improvement processes. Students will develop a common approach to leadership and organizational culture, as defined by the “Principle-Centered Leadership” design of Stephen Covey, and help implement these principles daily.
F. Customization of Learning Based on Student Goals, Interests, Post-Secondary Plans
7. All ACEL Fresno students will complete an Individual Career, Service, and Education Plan and continuously update that plan to reflect evolving career, learning, and leadership development goals. Students will pro-actively link their learning and service projects to reflect personally meaningful goals.
G. Early College & Concurrent Enrollment Options
9. Students will have the opportunity to gain concurrent credit toward their high school and college degrees by enrolling in developmentally appropriate courses at partner institutions of higher education.
H. Service to Peers and the Community
10. Academy students will regularly engage in teaching, tutoring, or service to other students and the community.
I. Teachers and staff access professional development based on proven best practices in teaching and learning
11. Staff development will focus on effective reading, writing, and higher-order thinking strategies and in developing coherent and engaging teaching and learning strategies and assessments. ACEL will engage staff developers with a track record of working effectively with high-performance high schools.

What it Means to be an Educated Person in the 21st Century: Educating effective leaders for the 21st century – young people who can design and build healthy communities and organizations in the face of this century’s rapidly accelerating pace of change and increasing threats of social, economic, and environmental collapse — requires that schools focus on the future and on the specific requirements for achieving sustainability. According to the UN Commission on Sustainable Development, sustainability is defined as a society that meets the needs of the present generation without compromising the ability of future generations to meet their own needs. The components of a sustainable society are further defined in terms of three “E’s” – a healthy environment, a prosperous economy, and an equitable society. To prepare for their role in building this sustainable future, students at ACEL will receive a solid foundation in the sciences, quantitative skills, social sciences, written and oral communication skills, and multimedia skills that are most needed by civic and entrepreneurial leaders committed to the principles and practices of sustainability.
Through their academic studies and project work, students will progressively develop an understanding of the ecological, economic, and social conditions that characterize a sustainable society. Students will apply this essential knowledge, along with their discipline-based knowledge and problem-solving skills, to challenges identified in the real world of organizations and communities in the Fresno area and beyond. By means of this application of knowledge, students will fully develop the skills of analysis, synthesis, and original problem solving that are at the pinnacle of “Bloom’s taxonomy” and other models of higher-order thinking.
In the course of their development as effective learners and leaders, students will be expected to pose insightful questions, identify and prioritize relevant information, set up processes for finding solutions, and express their findings and points of view in a manner that catalyzes understanding and action in others. In this process of learning, communication, and leading collaborative action, students will be developing their knowledge of key contemporary issues as they pertain to the local and global economy, society (including religious and spiritual developments), science, politics, and technology.
As important as their developing “content knowledge” – students will be developing their self-awareness and competence as leaders. These qualities – described by Daniel Goleman and others as “leadership EQ” (or emotional intelligence) is considered by researchers who have studied successful leaders to be as or more important than academic knowledge and technical skills in and of themselves. Thus, at ACEL, successful civic and entrepreneurial leadership in the 21st century is understood as inherently multi-dimensional. Successful leaders must develop both the core knowledge essential to an understanding of sustainable organizations and communities – and the emotional awareness and leadership skills to move people to effective collaborative action based on a compelling vision of a sustainable future.
To guide the leadership development process, students at ACEL will work with Stephen Covey “eight habits of successful people” framework (which focuses on leadership strategies and principles) and on the intra-personal awareness and inter-personal skills that effective leadership requires in its relational context. The developmental model that ACEL will utilize to help students and staff in this ongoing process is the Goleman emotional intelligence model, as described below.

In the Self-Awareness quadrant, students will be assisted to develop their emotional acuity and accurate self-assessment through appropriately guided “360 degree assessment” of their project management and personal leadership skills. In the Social Awareness quadrant, students will be assisted to develop empathy, organizational awareness, and service orientation by specific service projects undertaken in the context of nearby schools, community organizations, and businesses. ACEL will help develop students’ Self-Management skills through the individualized student learning plan development process and the significant responsibility that students will have to continuously improve their work to meet professional standards, and to participate in the assessment of their own work. Finally, students’ Social Skills – including their ability to catalyze change, manage conflict, and build teams, will be developed and assessed through the core process of developing and managing their own projects. Ultimately, the demands of the 21st century can only be met by leaders who have developed their knowledge, empathy, and leadership skills to a high level; and who have developed such a momentum or “habit” of self-motivated learning that it will be steadily magnified through a lifetime of learning-and-doing. ACEL’s emphasis on rigorous academic learning situated in the context of our global/local sustainability challenges, combined with student-driven projects that deliver positive results for real communities and organizations, will prepare effective transformational leaders for the 21st century.

1.5. Standards and the ACEL Course of Study: The ACEL Fresno curriculum will be closely aligned to the California state content standards. Course completions, including UC “A to G” requirements, will be tracked through a personalized learning plan that enables each student to meet the required course work while addressing the student’s strengths and interests. The components of a student’s Individualized Career, Education, and Service Plan consist of core courses, known as content seminars, special topical workshops, projects, interventions, and enrichment activities – and all components of the Plan will be supervised by a qualified teacher.

Content Seminars: The content seminar format calls for uninterrupted blocks of time, and are responsive to students’ needs identified in their Individualized Career, Education, and Service plan. Students participate in content seminars to learn and exhibit mastery of focused California content standards. Credentialed, highly qualified teachers, will teach the seminars in core subject areas of English, Language Arts, Math, Social Science and Science, and these content areas will be considered core, college prep for teacher credentialing purposes. Faculty will utilize research-based core content aligned to student interests and current and emerging challenges evident in specific global and local community and organizational contexts. Instructional strategies will include direct, explicit instruction and instruction in learning, thinking, and problem-solving strategies. Significant emphasis will be placed in writing across the curriculum, including iterative processes of revision and improvement (so that professional workplace standards are progressively achieved) and in Socratic seminars.

While some students are in their seminars, other students will be engaging in independent practice, working on projects, participating in internships, or pursuing independent study. Content seminars for each core area will stand alone or, as warranted, be interdisciplinary. Course credits will be achieved through a combination of assessments of learning mastery in content seminars and project work aligned to standards. To accommodate differences in academic proficiency of students entering ACEL, some students may spend somewhat more time in content seminars, while others may demonstrate the skills and knowledge necessary to meet standards and undertake more independent work at an earlier point in the educational program. In all cases, state requirements for coursework will be documented and tracked through the project management software, outcome assessments, and under the supervision of faculty members.

English Language Arts: Emphasis will be placed on providing students with the necessary skills and strategies to be competent readers, writers, and speakers. Students will acquire these strategies through direct skills instruction and through a process of planning and completing projects, recording and monitoring progress, and evaluating work. ELA content seminars will utilize rigorous, high quality primary materials, such as presented in the Great Books curriculum, to anchor the core content. Great Books publishes collections of classic and modern texts for children and adults (appropriate to widely varying grade levels – but always utilizing the highest-quality literature) and utilizes the Shared InquiryTM method of discussion. Through text-based discussion, shared inquiry strengthens critical thinking and civil discourse, promotes reading and the appreciation of literature, and provides people of all ages with a powerful instrument for social engagement and lifelong learning. This method provides opportunities for: critical readings of texts; teaching respect for diverse ideas, people, and practices; enhancing students’ knowledge and research base; creating a community of inquiry; developing strategies for critical thinking skills, problem solving and clarification of one’s ideas, ethics and values, and putting the student in the center of the learning as an active and engaged participant. Explicit instruction in writing will take place in the ELA content seminars and any other seminar requiring a specific form of writing, such as technical reports in the hard sciences. Additionally, student-driven projects will have a writing component that aligns with writing instruction in ELA.

Mathematics: Faculty will use core content text books with a performance-based experience by using programs like Exemplars. Exemplars is a 6-12 core math instructional program with performance-based assessments in algebra, functions, synthetic geometry, algebraic geometry, trigonometry, statistics, discrete math, pre-calculus, problem solving and connections. The curriculum will provide all students the opportunity to show mastery of Algebra I and build on the success in algebra to transition to completing higher level math courses. The combination of instructional materials and learning activities may vary according to students’ needs (see below for additional discussion of textbook options at varying levels of academic mastery.)

Integrated Math, Science, and Technology: For students to succeed as civic and entrepreneurial leaders, strong science, technology, and quantitative reasoning skills must be applied to real-world challenges in an integrated way. Accordingly, ACEL will: 1) Provide a California standards-aligned, inquiry-based, and application-driven curriculum; 2) Projects focused on public health and the environment as the integrating context for science and math learning; 3) Provide opportunities for students to master Microsoft Word, Excel, Powerpoint, Project, and internet accessible science-related applications; and, 4) the best pedagogical practices identified by the National Research Council (the operating arm of the National Academy of Sciences and the National Academy of Engineering) in America’s Lab Report: Investigations in High School Science (a definitive compendium of research-validated practices, published in 2005.)

In alignment with the Council’s recommendations, ACEL’s math content will enable students to: 1) Engage lab activities to verify scientific concepts [in the context of real-world challenges], 2) Pose research questions, 3) Conceive their own investigations, and 4) Create models of natural phenomena. This inquiry-driven approach has been demonstrated to consistently outperform traditional, textbook-only strategies in promoting science mastery (RAND, 2003). With regard to textbook selection, ACEL will choose texts that have demonstrated superior outcomes on standards-aligned state assessments and other measures. These include such examples as BSCS: An Inquiry Approach; a year-long supplemental curriculum called WorldWatcher/Learning About the Environment Curriculum (LATE), published by Northwestern University, which focuses on these issues as the hub of science learning: population growth and resource availability; energy generation and demand; and managing water resources. The LATE curriculum also incorporates scientific visualizations.

ACEL plans to deploy resources such as BSCS and LATE in an integrated sequence, with supplemental instructional materials available for students preparing for science-related AP examinations. Through partnerships with local public health and environmental organizations, all students will have the opportunity to undertake science-focused projects that will “go deep” on highly visible challenges in the community; in alignment with the integrated instructional unit approach recommended by the National Research Council.

In math, ACEL strategies include: a) direct instruction based on research-validated curricula; b) computer-aided skill-building for individual, differentiated practice; and c) CDE standards-aligned project and problem-based approaches wherever feasible. Extensive research supports the efficacy of direct instruction in math, combined with the skill-building successfully utilized by supplementary providers such as SCORE and Kumon. Software products with a good track record for skill-building may also be deployed, such as: Riverdeep, BoxerMath, and Accelerated Math.

For integrating math via project and problem-based strategies, ACEL will utilize high-quality, research-validated materials, such as those identified by the Center for Innovation in Engineering and Science Education, which addresses NCTM and state standards via topics in health, the environment, and engineering. For textbooks, ACEL will likewise identify research-validated materials, such as those identified in the 2005 Urban Institute study, entitled “What Do We Know? Seeking Effective Math and Science Instruction, which singled out Prentice-Hall (Tools for Success) at the Middle Grades level (appropriate for students who may need remediation), as well as Saxon, Cognitive Tutor, and Connected Math (CMP.) For students at grade level, among the recommended texts identified are: University of Chicago School Math Project and Interactive Math Project (IMP.) Final selection will be made by faculty based on specific student needs.

Civic Education, US History, & Economics: In 1999, the National Assessment of Educational Progress (NAEP) revealed that only one fourth of U.S. students are proficient in the skills of effective citizenship, and fewer than 25% of 18 – 24 year-old Americans voted in the most recent national election. To civically engage students, ACEL Fresno will integrate a year-long Civic Education course with U.S. History and Economics. The curriculum utilized will be Active Citizenship: Empowering America’s Youth. Developed by the ACEL Fresno Co-Founder and Executive Director, John Minkler, this curriculum teaches the rights, responsibilities, and civic values of U.S. citizenship, and includes a service learning project framework in which students develop a solution for a real problem in their community. The 17 lessons address political problem-solving, research methods, civic values, religious freedom, civic dialogue, and a civic education approach to ”hot-button” issues, including youth violence, hate crimes, and economic & environmental conflicts. This curriculum won the Program of Excellence Award from the State Council for the Social Studies, and the Golden Bell Award from the CSBA.

World Languages: Spanish will be offered. Students will also be able to study other languages through distance learning, self-paced programs, or by attending courses at nearby colleges.

Workshops: In order for students to be successful in an individualized approach to learning, ACEL students will attend skill-building workshops. Workshops will focus on the development of life skills and study skills. Topics will include: personal organization, research, addressing standards, time management, presentation skills and technology tools. Workshops will focus on specific skills students need to be successful in school and beyond. Advisors will work with students to identify the topics to support their personal learning plan. Until students demonstrate proficiency, workshops will be required to develop the skills necessary to design, manage, and meet the expectations of personal learning plans, particularly managing individual projects.

Projects: Project-based learning is central to the educational program at ACEL, not peripheral, and will focus on problems that “drive” students to encounter (and address) the central challenges of organizational and community sustainability. Projects will involve students in a constructive investigation (a goal-directed process that involves inquiry, knowledge building, and resolution). They will be student driven, Academic Advisor supported, and realistic. Projects will have authenticity for students as they spring from student interests. Individualized Career, Education, and Service Plans, designed and monitored by the student in constant communication with the Advisor, will be the vehicle for project-based learning — moving students beyond dependency in learning to become independent learners. History & Social Sciences and Science & Technology will be at the center of student designed projects, which will be the nexus for integrating all of the other content and skill areas. All projects will culminate in a presentation of student work, learning, findings, and outcomes.

Interventions: When student data shows gaps in performance, intervention time will be scheduled into the instructional day for that student. The instructional minutes of the day must be “stacked vertically” for some students so they can catch-up faster with their peers horizontally over time. Intervention time will include basic skills instruction based on diagnostic assessments for each student. Intervention will be provided in reading, writing and math, and will be specifically designed to meet each student’s need in order to close the achievement gap. Academic Advisors will identify what type of intervention is necessary, based on the work the students are producing. In some cases, they may ask another Academic Advisor to help determine the best support for the student. Assessments for identifying students for intervention may include writing samples, math or reading tests, and student test results from content seminars, project work, and teacher observation. Interventions will be provided during the school day for students who are up to 2 grade levels below norms. Additional time will be provided for students more than 2 grade levels below.

Promoting Content Mastery at Varying Levels of Literacy and Accelerating English Language Learning: ACEL Fresno will utilize research-validated literacy strategies, such as the Strategic Instruction Model (SIM) developed by the University of Kansas Center for Research on Learning. This model (highlighted in the 2006 report of the National Literacy Project as the only “extensively researched” best practice for adolescent and ELL readers, including Special Ed students) has been developed and validated over a 25 year period and is deployed in 3,500 districts. The model is designed to enable teachers in multiple subjects to address limited literacy levels without extensive “pull-out.” The SIM “Content Literacy Continuum of Action” involves these six levels:
Level 1 is Enhanced Content Instruction in which teachers systematically deploy research-validated practices to ensure basic mastery of critical content. These include explicit teaching strategies, adaptations of technology to promote mastery, such as unit organization routines demonstrated to be effective in promoting mastery across literacy levels, use of Learning Journals that identify the knowledge, skills, and performance will be responsible for, and use of Bloom’s taxonomy to ensure that students at all literacy levels apply and construct knowledge at high levels of conceptual rigor.

Level 2 implements Embedded Learning Strategies throughout core content via direct explanation, modeling, and application in assignments. The strategies include: a) Word Identification Strategies that help students decode unknown words, predict meaning from context and use word analysis. ; b) a Paraphrasing Strategy teaches students to determine main idea and details, and to express meaning in their own words; c) the Self-Questioning Strategy teaches students to construct questions about key information in a passage and read for answers; d) the Visual Imagery Strategy teaches students to visualize the scene that is described, incorporating actors, action, and details. These strategies can be used to reinforce both comprehension and spoken fluency.

Level 3 Supports Mastery of Strategies Through Targeted Instruction by support personnel (e.g., student teachers from Fresno State) who will provide intensive instruction in core strategies such as paraphrasing (typically while serving as classroom aides).
Level 4 is Strategic Tutoring, whereby qualified personnel assess specific reading challenges and develop a plan for targeted instruction in literacy, while helping the student complete assignments. Under the supervision of a credentialed teacher, strategic tutoring can be conducted by a student teacher.

Level 5 is Basic Skill and Strategy Instruction for Those Below a Fourth Grade Level: This involves more intensive intervention through a specialized reading program such as the Science Research Associates (SRA) Corrective Reading Program. Level 6 is Therapeutic Intervention, whereby students with underlying language disorders learn the linguistic, cognitive, meta-cognitive, and meta-linguistic underpinnings they need to acquire content literacy skills and strategies. This approach may require teachers with specialized training in areas such as Speech Pathology.

In addition, ACEL may deploy a cross-age tutoring model, such as the model endorsed by the National Literacy Project — the Succeeding in Reading: Complete Cross-Age Tutoring Program, published by Maupin House. This program incorporates the state-of-the-art in current research knowledge in both instructional design and content. The overall goal of the reading interventions above is to fully develop phonemic awareness, phonics, fluency, vocabulary, and comprehension.

For intervention and individualized skill development in core content areas as well as preparation for passing the CAHSEE, students will use a standards-based, self-paced program to provide intervention, enrichment, and support, such as K-12 Curriculum, PLATO, or Odyssey Ware. Selection of the program(s) will be reviewed and updated based on the ability of the program to provide a continuing cycle of diagnostics, tutorial, practice problems, and progress monitoring assessments.

Plan for Students who are Academically Low Achieving: ACEL will take a systematic approach towards closing the achievement gap by allocating multiple resources and interventions towards academically low-performing students. The school will identify students who are performing below grade level through the results of the state STAR assessment as well as from diagnostic, benchmark assessments and student work products. Staff will also be trained to identify students who are struggling to stay at grade level. Services for academically low-achieving students will begin with an assessment of student abilities and needs. Depending on identified needs, students will receive one or more of the following interventions:

1) Content Seminars: Instructional activities will be modified to accommodate different learning styles to draw out students’ various strengths and needs.

2) Students needing additional assistance in particular subjects or skill areas may obtain additional help from peers, staff, and volunteer tutors.

3) A Student Success Team meeting will be conducted with a student’s parent/guardian and school personnel if a student is still not achieving at grade-level standards after the above two strategies have been attempted. More information about the Student Success Team can be found in the following section on Special Education Students.

4) ACEL will provide additional interventions during the school day by arranging the students’ schedules to meet their academic needs. For example, a 9th grade student needing additional support in writing will dedicate time for an intervention writing workshop leaving a little less time for enrichment activities. Once the student is achieving on grade level, he/she will be able to add more enrichment into his/her schedule.

Plan for Students who are Academically High Achieving: ACEL’s individualized curriculum also makes it easy to ensure that high-achieving students are engaged and challenged. The process for identifying students who are academically high achieving is similar to the process for identifying academically low-performing students. The student will engage in content seminars and Individual projects which are more challenging with accelerated levels of content and skills.

Due to the personalized approach to learning at ACEL, high achieving students will have multiple opportunities to do more advanced work and to excel at their individual rates. For example, a student taking math at an advanced level may be assigned to a higher level math content seminar. Alternatively, a high achieving student may choose to actually take the college course at a local college or through distance learning. The nature and details of the increased academic challenge will be determined by the student, Academic Advisor and parent.

Individualized projects allow for advanced students to achieve high levels of rigor and learning. For example, a student might create a multidisciplinary project on the settlement of California which would include the history of immigration into the United States, address California’s multicultural history; find ways to integrate history, literature, and art; and include a focus on the changing nature of workplace skills. More challenging activities will enable high performing students to find intellectual satisfaction and growth at ACEL. High performing students will also have more opportunity to do extra projects, interest study groups, on-line courses and internships.

Plan for English Language Learners: English Language Learners (ELLs) will have full access to ACEL’s educational program. To identify ELL students, at registration we will give the state-required home language survey to determine whether English is the student’s native language. Within 30 days of enrollment, all students whose home language is other than English and who have not been previously designated as Fluent English Proficient will be given the California English Language Development Test (CELDT) to determine their English language proficiency level. These students will also be administered a primary language assessment in their native language within 90 days of enrollment. Based on the CELDT results, we will determine which students are English Language Learners. ACEL will use annual CELDT data, Academic Advisor assessments, and the results of the California Standards Test in English/Language Arts to determine ELD student levels and will reclassify English Language Learner students as Fluent English Proficient when appropriate.

Strategies: ELL students will be served through a Sheltered English Immersion program utilizing SDAIE (Specially Designed Academic Instruction in English) and English language development interventions to develop English language proficiency and provide access to the core content. Academic Advisors will be trained and supported to use SDAIE techniques in content seminars, workshops, and in one-on-one advising with students. Part of the SDAIE approach will include ensuring availability of text that is comprehensible to ELL students (this includes text in the students’ native language for students with ELD levels of 1 and 2, and text with simpler vocabulary in English for students with higher ELD levels). The school will provide accessible materials for content seminars and for projects focused on topics of student interest and community/organizational need, so that ELL students will have full access to project-based learning.

In addition to the SDAIE approach, ACEL will offer supplemental English instruction for ELL students that focuses exclusively on English language development skills, either during the school day in a “pull-out” program and/or integrated within the classroom and if needed, as a program outside of school hours. ACEL will include on its faculty CLAD certified, experienced instructors who can ensure a quality ELD instructional program that enables ACEL’s ELL students to attain English proficiency, and to have access to the range of educational opportunities that ACEL envisions for all of its students.

Values: ACEL Fresno will emphasize the development of core values including: caring, respect, responsibility, cooperation, tolerance, fairness, courage, trustworthiness, humility, happiness, citizenship, love, peace, and freedom.

Plan for Students with Disabilities: ACEL will comply with all applicable State and Federal Laws in serving students with disabilities, including, but not limited to, Section 504 of the Rehabilitation Act (“Section 504”), the Americans with Disabilities Act (“ADA”) and the Individuals with Disabilities in Education Improvement Act (“IDEIA”).

At least for the first year of the charter operation, ACEL shall be categorized as a “public school” within FUSD in conformity with Education Code Section 47641(b). ACEL shall comply with a Memorandum of Understanding (“MOU”) between the District and ACEL related to the delineation of duties between the District and the Charter School. ACEL shall comply with all state and federal laws related to the provision of special education instruction and related services and all SELPA policies and procedures; and shall utilize appropriate SELPA forms. The School shall be solely responsible for its compliance with Section 504 and the ADA. The facilities to be utilized by the School shall be accessible for all students with disabilities.

Section 504 of the Rehabilitation Act: The School recognizes its legal responsibility to ensure that no qualified person with a disability shall, on the basis of disability, be excluded from participation, be denied the benefits of, or otherwise be subjected to discrimination under any program of the School. Any student, who has an objectively identified disability which substantially limits a major life activity including but not limited to learning, is eligible for accommodation by the School.

A 504 team will be assembled by the Executive Director and shall include the parent/guardian, the student (where appropriate) and other qualified persons knowledgeable about the student, the meaning of the evaluation data, placement options, and accommodations. The 504 team will review the student’s existing records; including academic, social and behavioral records, and is responsible for making a determination as to whether an evaluation for 504 services is appropriate. If the student has already been evaluated under the IDEIA but found ineligible for special education instruction or related services under the IDEIA, those evaluations may be used to help determine eligibility under Section 504. The student evaluation shall be carried out by the 504 team who will evaluate the nature of the student’s disability and the impact upon the student’s education. This evaluation will include consideration of any behaviors that interfere with regular participation in the educational program and/or activities. The 504 team may also consider the following information in its evaluation:

§ Tests and other evaluation materials that have been validated for the specific purpose for which they are used and are administered by trained personnel.

§ Tests and other evaluation materials include those tailored to assess specific areas of educational need, and not merely those which are designed to provide a single general intelligent quotient.

§ Tests are selected and administered to ensure that when a test is administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student’s aptitude or achievement level, or whatever factor the test purports to measure, rather than reflecting the student’s impaired sensory, manual or speaking skills.

The final determination of whether the student will or will not be identified as a person with a disability is made by the 504 team in writing and notice is given in writing to the parent or guardian of the student in their primary language along with the procedural safeguards available to them. If during the evaluation, the 504 team obtains information indicating possible eligibility of the student for special education per the IDEIA, a referral for assessment under the IDEIA will be made by the 504 team.

If the student is found by the 504 team to have a disability under Section 504, the 504 team shall be responsible for determining what, if any, accommodations or services are needed to ensure that the student receives the free and appropriate public education (“FAPE”). In developing the 504 Plan, the 504 team shall consider all relevant information utilized during the evaluation of the student, drawing upon a variety of sources, including, but not limited to, assessments conducted by the School’s professional staff.

The 504 Plan shall describe the Section 504 disability and any program accommodations, modifications or services that may be necessary. All 504 team participants, parents, guardians, teachers and any other participants in the student’s education, including substitutes and tutors, must have a copy of each student’s 504 Plan. The site administrator will ensure that teachers include 504 Plans with lesson plans for short-term substitutes and that he/she review the 504 Plan with a long-term substitute. A copy of the 504 Plan shall be maintained in the student’s file. Each student’s 504 Plan will be reviewed at least once per year to determine the appropriateness of the Plan, needed modifications to the plan, and continued eligibility.

Services for Students under the IDEIA: The developers of ACEL understand that the school will have the obligation to serve students with exceptional needs and that the school, pursuant to applicable state and federal law, must ensure that all of its students have access to a free and appropriate public education. Under these laws, the school has various options on how to deliver special education and related services either as (1) public school of the charter-granting agency under Education Code Section 47641(b), (2) an independent local education agency under Education Code Section 47641(a), or (3) as a charter SELPA.

At a minimum, during its first year of operations, the school intends to function as a “public school of the local education agency that granted the charter” for purposes of providing special education and related services pursuant to Education Code Section 47641(b). During each school year during which the school operates as a public school of FUSD for special education purposes, the school understands that it is required to contribute an equitable share of its charter block grant funding to support district wide special education instruction and service costs pursuant to Education Code Section 47646(c). Pursuant to Education Code Section 47646(b), the District shall provide the school with funding and/or services reasonably necessary to ensure that all students with exceptional needs who attend the school are provided a free and appropriate education in accordance with their Individualized Education Program (“IEP”) and in the same manner as any other student of the District. As a public school of the District, for special education purposes, ACEL will adopt and comply with the SELPA policies and procedures and forms, and all of the policies and procedures and forms of the District related to special education unless explicitly stated and authorized by the District.

Provision of Services: The Charter School will follow the District and SELPA policies and procedures, and shall utilize SELPA forms in seeking out and identifying and serving students who may qualify for special education programs and services and for responding to record requests and maintaining the confidentiality of pupil records. The Charter School will comply with District protocol as to the delineation of duties between the District central office and the local school site in providing special education instruction and related services to identified pupils. An annual meeting between ACEL and the District to review special education policies, procedures, protocols, and forms of the District and the SELPA and District protocol, will ensure that the Charter School and the District have an ongoing mutual understanding of District protocol and ensure ongoing compliance.

As long as the Charter School functions as a public school of the District solely for purposes of providing special education and related services under the IDEIA pursuant to Education Code Section 47641(b), then we would anticipate that a Memorandum of Understanding (“MOU”) would be developed between the District and the Charter School which spells out in detail the responsibilities for provision of special education services and the manner in which special education funding will flow to the students of the Charter School. We envision an ideal relationship for special education to follow the language and intent of Education Code Section 47646 and 20 U.S.C. 1413 as follows:

§ The District retains the special education funds for the students of the Charter School;
§ The District provides services to the students of the Charter School in the same manner as other students of the District;
§ The Charter School pays the District, a pro-rata share of the overall District encroachment for special education.

Child Find: Students requiring special services will, in most cases, be identified by their originating school district or IEP (prior to enrollment) such that a determination can be made if the charter can meet their special education needs. For students who are not thus identified, the school plans to participate in a comprehensive “child find” system to identify students who have or may have exceptional needs not otherwise addressed. The school anticipates that these systems will include various policies and practices, including, but not limited to the following:

Post-matriculation in-take practices that identify students with exceptional needs to help ensure that the school is aware of all students who have identified special needs;
Seeking to develop relationships with all feeder local education agencies to request and obtain cumulative files and other documents in a timely fashion;
Staff development and training for school staff, to ensure that they possess an understanding of tools and techniques to identify students who may have exceptional needs; and,
Review of student assessment data, including but not limited to state-mandated testing, to identify students who may be falling behind expectations in their academic progress and are in need of additional support or services.
Collection of comprehensive data on enrollment forms.
Any and all requirements of applicable SELPA and District (as long as ACEL remains a public school of the District) policy and procedure.

ACEL will notify each school district of the students enrolled at ACEL that formerly attended the district and ensure that ACEL receives in a timely fashion any active IEPs for students that used to attend its schools and are currently enrolled at ACEL. ACEL will notify the home district when a student becomes eligible or becomes ineligible or leaves the charter school. These processes will occur by mailing these lists and notices to each district’s special education director and via phone calls for follow up as necessary.

Student Success Team: The school also plans to implement a “student success team” (SST) model to the maximum extent feasible under the law and SELPA and District policy to attempt to meet all student needs within the regular instructional setting prior to referral for formal assessment for special education purposes. Such teams will typically consist of the student’s teacher(s), a school administrator, the student’s parent/guardian, and others. The team will oversee development of plans to meet students’ needs, if possible, without referral to assessment for special education needs. The team will monitor students’ progress.

A SST uses a systematic problem solving approach to assist students with concerns that are interfering with success. The SST clarifies problems and concerns; develops strategies and organizes resources; provides a system for school accountability; and serves to assist and counsel the parent, teacher and student. A SST is a general education function. All students can benefit form an SST, including but not limited to, those students achieving below or above grade level and students who have experienced emotional trauma, behavioral issues, or language issues.

Anyone who has a concern for a student can refer that student to SST for consideration. Anyone who is connected with that student can be included in the SST to provide information to share about the student’s strengths, concerns and strategies that have been used in the past. These people may include, but are not limited to, teachers, parents, counselors, doctors, administration, social workers and law enforcement. The meeting is designed to bring out the best in the people involved.

The ACEL SST meeting steps shall include:

1. Team members introduce themselves and their roles
2. Purpose and process of the meeting are stated
3. Timekeeper is appointed
4. Strengths are identified
5. Concerns are discussed, clarified and listed
6. Pertinent information and modifications are listed
7. Concerns are synthesized with one or two chosen for focus
8. Strategies to deal with are chosen; concerns are brainstormed
9. Team chooses best strategies to carry into actions
10. Individuals make commitments to actions
11. Person responsible and timelines for actions are recorded
12. Follow-up date is set

After implementation of a SST plan and follow up, if the problem continues, revisions to the plan may be discussed, or if necessary, a referral for special education or Section 504 assessment might be deemed necessary by the SST.

Right to Pursue LEA Status: As noted above, the school initially anticipates functioning as a public school of the district for purposes of special education. The school shall also retain the right to pursue independent local education agency (LEA) and/or special education local plan area (SELPA) status pursuant to Education Code Section 47641(a In the event that the school opts not to establish independent LEA and/or SELPA status, it shall remain, by default a public school of the district for special education purposes as required by Education Code Section 47641(b), and shall continue to receive funding and services pursuant to the terms of this section and any related annual agreements between the District and the Charter School.

Grade Levels Served and Teachers to be Hired: ACEL Fresno will start with a ninth grade cohort of approximately 80 students and expand to a 9th through twelfth grade program. ACEL Fresno estimates that the school will enroll between 200 and 250 students at full design size, depending on facility opportunities and program effectiveness factors. The initial facility is proposed to be co-located with the Zimmerman Center of the Fresno Boys and Girls Club, which is located next to Tehipite Middle School. An initial cohort of four teachers/advisors is anticipated to be hired for the first year of operation, and students will be assigned to teachers based on students’ assessed academic needs and teachers’ competence to meet that need.

Information on College Eligibility: At the time that a parent submits an application to enroll their child in the charter school, the charter school will provide written information to parents of students in grades 9-12 regarding the eligibility of ACEL Fresno courses to meet college entrance admissions requirements. As described above, the extensive and intensive process of developing and refining Individualized Career, Education, and Service Plans will apprise all students and their parents and guardians of their college opportunities, relevant timelines, financial requirements, and the tasks and performance levels required to enhance the chances of admission to colleges or other post-secondary training and employment opportunities of their choice.

College Entrance and Transferability of Credits: ACEL will enable students to meet the “A-G” requirements necessary for the entrance to the UC and CSU systems. Parents will be given written notification about the availability of “A-G” college required courses, information on the transfer of courses to other public schools, and the ACEL’s accreditation status. Parents will be notified in writing within 30 days should any issues or problems arise regarding the eligibility of the charter school’s courses to meet college entrance requirements. ACEL will submit its courses to the University of California and the California State University with the goal of meeting their “A-G” course requirements for college entrance eligibility into UC or CSU. Entrance into other higher education institutions will be negotiated with the appropriate admissions staff. Parents will understand the course requirements, admission criteria, and even accompany their students on college visitation field trips. The information will also be provided in student/parent handbooks that are provided to parents upon enrollment. The A-G graduation requirements will be addressed at every school orientation meeting and at monthly presentations of student learning.

Information on Other High Schools: Students will also be provided with information on options to transfer to other public or private high schools as part of their regular development and review of the i-CES individual learning plans.

WASC Accreditation: ACEL will complete a “Request for Affiliation” form and submit it to WASC during the beginning of the first year of operation. ACEL will complete the “Initial Visit Application” form that describes the purposes and operation of the school and proper documentation regarding the condition of eligibility. ACEL expects to earn candidacy or interim status indicating that it is progressing toward accreditation. Within three years of this designation, the academy expects to achieve full accreditation.

ELEMENT TWO (B): Measurable Student Outcomes

ACEL is committed to ensuring that each student progresses academically and personally. Whether students are low achieving, high achieving, special education, or English Language Learners, a student’s progress toward expected outcomes depends on a continual monitoring of individual student growth.
Specific, measurable student outcomes include:

Academic Outcomes
All ACEL students will demonstrate proficiency in English/Language Arts, mathematics, history/social science, and science, in alignment with the California state content standards.
English Language Learner students will achieve fluency or make substantial progress toward fluency in English.
Special education students will achieve or make progress toward the learning goals as outlined in their Individualized Education Plans.
All students will master standards and develop personal interests and skills in areas such as the arts, technology, and physical education.
All students will develop critical thinking, project management, and leadership skills that will enable them to analyze and problem-solve both within and outside the classroom, especially in settings of civic and entrepreneurial leadership, and in teams.

Leadership, Management, & Character Skills & Attributes
Develop the leadership skills and commitment to work in and lead a team, and to advance community sustainability
Effectively manage personal and organizational finances
Apply best practices in continuous quality improvement
Develop the habits of principle-centered leadership
Develop a well-grounded plan for post-secondary education, training, and career development
Understand and apply principles and practices of healthy personal, social, and physical development
Demonstrate a positive attitude, and develop the values and virtues of great individuals who have embodied the enlightened human spirit.

ELEMENT THREE (C). Methods of Assessment

Academic Performance Index and State-Mandated Tests

As is required by the state charter law, ACEL will conduct the state pupil assessments required pursuant to Section 60602.5, including the California Standards Tests; California Achievement Tests; the Physical Fitness Test, California High School Exit Exam; Aprenda 3 or the new Spanish Test of Standards, and the California English Language Development Test. Proficiency for our English Learners will be determined using the CELDT, STAR test data, teacher observations, and parent input (optional).

ACEL, like other public schools, will be subject to the state and federal accountability system, including the Academic Performance Index (API) and Adequate Yearly Progress (AYP). ACEL will include standardized test results as one of multiple assessment methods to chart and document student performance and assessment. API growth goals will be made clear to the staff. Academic Advisors will review the STAR test scores, API results, and AYP results as part of their overall assessment data analysis and will use this information to improve instruction. This analysis will include examining numerically significant subgroups to determine where the school needs to concentrate efforts so that all students achieve academically. The staff will modify teaching techniques and explore professional development opportunities as necessary to target any gaps in the instructional program and student achievement.

School-Developed Assessments: To measure student progress in achieving the learning objectives on their individual learning plans, ACEL Academic Advisors will develop and utilize such school-based assessments as portfolios and evaluations, including seminar quizzes and tests and narrative reports. Assessments will include curriculum embedded assessments which accompany any core programs utilized during content seminars. Portfolios will be used by Academic Advisors to make recommendations about which seminars and workshops are appropriate for students. Portfolios will be standards-based, providing authentic student work samples aligned to state standards. Parents and students will use portfolios to set goals, measure progress, and showcase areas of personal interest. Included in the portfolio will be standardized test results; uniform measures such as rubrics and tests; as well as work chosen solely by the student based on personal preferences.

Attendance, API, CAHSEE, and Graduation Goals: ACEL will meet for 180 days and provide 64,800 instructional minutes, in conformance with state requirements. ACEL anticipates an average class size in the range of 25 to 1. ACEL will seek to exceed District dropout, CAHSEE, and graduation rates. Our attendance rate target will be at least 94%, the dropout percentage goal is less than 5%, the graduation rate goal is at least 90%, and the CAHSEE pass rate goal is 95%. We recognize that some of our students may come to ACEL two or more grade levels below grade in basic reading and math skills, and may therefore require additional time and remedial services. Once an API baseline is achieved, ACEL will strive to meet or exceed mandated benchmark growth rates for all subgroups.

Graduation Requirements: A total of 230 credits are required for graduation, with five credits granted for completing each course of study. Credits may be earned by means of Content Seminars, Projects overseen by ACEL teachers (which may involve community and work-based activities), and developmentally appropriate college classes at CSU Fresno and Fresno City College. Credits are granted for each course in which a student receives a “D” or better.

Fresno Academy for Civic & Entrepreneurial Leadership

STUDENT NAME:

Total Credits for Graduation: 230 Means of Achieving Credits: Five credits are granted for completing each semester of each course of study. Credits may be earned by means of Content Seminars, Projects overseen by ACEL teachers (which may involve community and work-based activities), and developmentally appropriate College Classes at CSU Fresno and Fresno City College. Credits are granted for each course in which a student receives a “D” or better. The following courses are required for graduation.

Seminar Credits
Project Credits
College Credits
ENGLISH: (40 Credits)

Reading and Literature

Writing

Speaking, Listening, and Media Studies

VISUAL & PERFORMING ART: (10 Credits)

Dance

Media Art

Music

Theater

Visual Arts

MATHEMATICS: (30 Credits)

Patterns, Functions, Algebra

Data Analysis, Statistics, and Probability

Spatial Sense, Geometry, and Measurement

SCIENCES: (20 Credits)

Physics & Technology

Chemistry

Biology

SOCIAL STUDIES: (40 Credits)

US History (10 Units)

World History (10 units)

US Government and Politics (5 units)

Economics (5 units)

CIVIC & ENTREPRENEURIAL LEADERSHIP (40 credits)

Fresno 101 (Community Needs and Civic Improvement)

Entrepreneurial Leadership Development (CSUF Lyles Center)

HEALTH and PHYSICAL EDUCATION: (30 Credits)

Individual and Community Health (10 units)

Physical Education and Fitness (20 units)

LANGUAGE (20 units)

Spanish

Spanish II

Pre and Post Tests: As stated above, students will be pre- and post-tested using formal and informal assessments to determine their progress in individual subjects for the duration of their time at ACEL. Measures will include tests, standardized measures, and teacher and student-designed assessments, including teacher-and-student-generated rubrics. The following is a table that aligns each of the pupil outcomes to multiple assessment measures. The matrix includes the currently required state assessments. Behavioral expectations will be measured by a combination of Academic Advisor narrative observations, student self-assessments, and parent feedback. The school intends to use all of the measures listed below (though the exact combination may evolve with experience), but not all of the assessments below will be used with every student in any given year. Specific assessment types will be identified at the beginning of the first semester of ACEL operations (for that semester), so that students are apprised of the end-of-term expectations for knowledge acquisition and performance mastery. All pupil outcomes will have a corresponding performance-based assessment addressing relevant skills, knowledge, and attitudes. Exit outcomes and performance goals will be reevaluated on at least an annual basis to ensure that they accurately reflect current workplace and college standards, and student aspirations and capabilities. For special education students, appropriate accommodations will be addressed for all assessments, consistent with each students’ IEP.

ACEL Student Outcome and Assessment Matrix: Knowledge, Skills, and Attitudes
Outcomes
Instructional Strategies
Portfolios
Academic
Advisor
Reports
Individual Education Plan
STAR
Additional Assessments

Proficiency in math
§ Direct Instruction
§ Skill-specific, small group instruction
§ Applications to real-world problems & projects
X
X
X
X
§ Diagnostic assessments
§ Benchmark standards tests
§ Grade reports
§ Project presentations

Proficiency in English/
Language Arts
§ Independent & cooperative group projects
§ Direct Instruction
§ Skill-specific, small group instruction
§ Creative & expository writing assignments
X
X
X
X
§ Diagnostic assessments
§ Benchmark standards tests
§ Course grade reports
§ Project presentation

Proficiency in science
§ Science labs
§ Research papers
§ Independent & cooperative group projects
X
X
X

§ Cumulative assessment
§ Performance tasks
§ Project presentations
§ End of course assessments

Proficiency in history/
social sciences
§ Research papers
§ Independent/cooperative group projects
X
X
X

§ Cumulative assessment
§ Performance Tasks
§ Project Presentations
§ End of term assessments

(For EL students):
Progress toward fluency in English
§ Sheltered Instruction
§ Supplemental English Language
X
X
X
X
§ Benchmark assessments
§ Diagnostic assessments
§ Portfolios & other authentic assessments
§ Project presentations

Proficiency with technology
§ Interdisciplinary use of information technology for papers/projects
X
X
X

§ Performance Tasks
§ Project Presentations

Demon- stration of leadership skills, ethical values, positive attitude, and healthy personal, social, and physical develop- ment

§ Participation in student-led projects as a follower and leader

§ School and community-based fitness activities and sports
X
X
X

§ Student self-evaluations
§ Project presentations graded according to school-developed rubrics
§ Physical fitness assessment based on performance on state benchmark tests
§ End of term assessments in Health & Leadership courses

Critical thinking & problem-solving skills.
§ Socratic seminars
§ Writing assignments
§ Problem-solving activities
X
X
X

§ Performance Tasks
§ Project Presentations

Become competent, self-motivated, learners with well well-grounded post-secondary plans
§ Student-initiated projects
§ Individualized student planning process, updated every semester
X

X

§ Performance Tasks
§ Project Presentations
§ Successfully completed components of individual student plans
§ Successful performance on relevant college or post-secondary training admissions tests linked to personal plans

Finance (Personal and Organiza-tional)
§ Direct Instruction
§ Skill-specific, small group instruction
§ Applications to real-world problems & projects
X
X
X

§ Cumulative assessment
§ Performance Tasks
§ Project Presentations
§ Successfully completed components of individual student plans

Project Manage-ment and Quality Improve-ment
§ Direct Instruction
§ Skill-specific, small group instruction
§ Applications to real-world problems & projects
X
X
X

§ Performance Tasks
§ Project Presentations
§ Successfully completed components of individual student plans

Community Sustain-ability
§ Direct Instruction
§ Skill-specific, small group instruction
§ Applications to real-world problems & projects
X
X
X

§ Cumulative assessment
§ Performance Tasks
§ Project Presentations
§ Successfully completed components of individual student plans

Reliability and validity of assessments – including performance tasks, portfolios, and project presentations: ACEL is concerned to optimize reliability and validity throughout its assessment regime, while also providing contextually authentic, performance-based assessments in those domains where such assessment strategies are essential to identify student strengths and areas of improvement. Thus, ACEL will administer benchmark standards tests (e.g., California Standards Tests) per CDE requirements at the appropriate grade levels and subject areas. In addition, for all content areas where substantial codified knowledge is involved (e.g., math, science, history, finance, and community sustainability), cumulative (end of semester and/or end of year) assessments are provided in a standardized format, with a balance of short answer, multiple choice, and essay responses typically required.
Inter-rater reliability will be strengthened by developing rubrics for each essay or exhibition/performance type, and ensuring that relevant faculty come to agreement on the scoring of a sufficient number of work products to establish clearly differentiated exemplars relative to each identified performance level. Standard descriptors within each rubric will be utilized based on the work of relevant professional associations, such as NCTE for English. Where “soft skills” are being assessed – as in the case of leadership tasks, project management tasks, or abilities in the affective domain – such as motivating and organizing a team as a leader, or maintaining a positive attitude as a team member — ACEL will rely on an observational rubric with clearly defined examples of behavior at each performance level. Use of confidential peer rating in team member evaluation contexts – as in the “360 degree” assessment systems used in many high-performance workplaces – will augment and help to further validate teacher assessments.

Use and Reporting of Data: ACEL will provide a measuring and reporting system that considers the diverse characteristics of the students and recognizes their unique abilities and that helps students, Academic Advisors, and parents reflect and identify how to improve instruction and student learning, informing an ongoing process to individualize learning for each student. An online student project management tool, such as Project Foundry, will be utilized to capture baseline data as well as ongoing progress monitoring data throughout the year and/or years at the school. The program will capture the story of each student as they create, shape and realize their learning and leadership development program. ACEL will utilize the program to collect, analyze, and report a variety of reports on student achievement, including disaggregated data by content strand, student subgroup, grade-level, and student-level analyses. Students, Academic Advisors and Project Managers will use the system to monitor and catalogue achievement, as well as to track how time is spent.

The staff will be trained on how to interpret standardized test data and will be engaged in critical analysis of the data in order to determine how the school can address any performance deficiencies or negative data trends. Specifically, ACEL staff will analyze trends, significant changes, and anomalies to track individual student growth over time, evaluate specific, aggregated and disaggregated groups of students, measure performance on the state tests, API, and school-based growth data and authentic assessments to assess academic performance from year to year. This information will help inform professional development for the educators as well as ongoing school improvement.

Data will be reported both in absolute scores and year-to-year gains and losses. Specific content knowledge and skill goals will be defined, with benchmark levels identified that define proficiency. ACEL’s student performance data will be reported to school staff, parents and guardians, and the school’s Board of Directors. Academic Advisors and students will cooperatively record ongoing student performance assessments that track students’ progress toward achieving their identified learning objectives and course-specific benchmarks. These electronic records will reflect the performance of students regarding specific knowledge and leadership skills. The Academic Advisors will check in with each student frequently and hold meetings regularly with their individual student advisees to discuss ongoing performance and to identify changes needed in attitudes, effort, and focus on task.

At least each semester, individual students will receive a report card indicating level of performance for the standards in each core academic subject, with separate indicators for knowledge, skills, and attitudes. This report card will stand as the record of note for parents, home districts, students, and court appointed officers. If students are not making adequate progress the Academic Advisor and student will collaboratively lead conferences with parents/guardians to discuss issues related to academic performance. These conferences may be scheduled as telephone conferences or school site meetings. The parent contact is essential to the integration of the student’s school performance and treatment program.

Ultimately, ACEL will analyze student performance data, ensure that all staff, board members, and parents are kept abreast of how ACEL students are performing, and make appropriate changes to learning strategies to ensure continuous improvement, both of the students’ progress, and of the educational program. ACEL will publish the School Accountability Report Card (SARC) online as well as mail copies to families. The school calendar will include specific times set aside to review schoolwide and subgroup data.

Programmatic Audit: To make sure that the school is living up to the terms of its charter, the ACEL Board of Directors will develop a checklist of programs and goals described in this charter, and every year will appoint a committee of the Board, to include parents, Academic Advisors, and community members, to determine the school’s success at implementing those programs and meeting those goals and to make recommendations for areas of improvement. The Board will then, in coordination with the Academic Advisors and parents at the school, make recommendations as to how the School can further refine its program so as to meet the terms of the charter and fulfill the promise of the school vision. This analysis and the resulting recommendations will be described in an annual programmatic performance review to the district. We will also release this report to parents and the public at an annual public meeting. The programmatic performance review will include the following:

1. Summary data showing students’ progress towards the goals and outcomes from assessment instruments and techniques listed above. This data will be displayed on both a school-wide basis and disaggregated to the extent feasible without compromising students’ confidentiality.

2. A summary of major decisions and policies established by the school’s Board of Directors during the year.

3. Data regarding the number of staff working at the school and their qualifications.

4. An overview of the school’s admission practices during the year and data regarding the numbers of students enrolled, the number on waiting lists, and the number of students expelled and/or suspended.

5. Other information regarding the educational program and the administrative, legal, and governance operations of the school relative to compliance with the terms of the Charter.

Element Four (D) – Corporate Structure

A. Nonprofit Public Benefit Corporation

ACEL will be a directly funded independent charter school and will be operated by the Fresno Academy for Civic and Entrepreneurial Leadership, a California Nonprofit Public Benefit Corporation, which will be established pursuant to California law immediately upon approval of this charter. Prior to the establishment of ACEL as a public benefit corporation, the Center for Multicultural Cooperation of Fresno, has been designated as fiscal agent for ACEL, and is currently administering an ACEL planning grant awarded by EdVisions.

ACEL will operate autonomously from the District, with the exception of the supervisory oversight as required by statute and other contracted services as negotiated between the District and the School. Pursuant to California Education Code Section 47604(c), Fresno Unified School District shall not be liable for the debts and obligations of ACEL, operated by the Fresno Academy of Civic and Entrepreneurial Leadership, a California non-profit benefit corporation, or for claims arising from the performance of acts, errors, or omissions by the charter school as long as the District has complied with all oversight responsibilities required by law.

Board of Directors: ACEL will be governed by the ACEL corporate Board of Directors (“Board” or “Board of Directors”) in accordance with its adopted corporate bylaws, which shall be consistent with the terms of this charter.

The Board will consist of at least 3 voting members, including: 2 community members, and a minimum of 1 parent. In addition, in accordance with Education Code Section 47604(b), the authority that grants the charter to a charter school to be operated by a nonprofit public benefit corporation shall be entitled to a single representative on the Board of Directors of the nonprofit pubic benefit corporation, ACEL.

The Advisory Board Co-Chairs (John Minkler and Richard Schorske), will appoint a Founding Board of Directors of at least 3 members which include representatives of the parent, educators, and community members who support the mission and vision of ACEL. Attached as Appendix B, please find a list of ACEL Co-Chairs and Advisory Board members and biographical information.

Election of Board Members: With the exception of the District representative, directors shall be elected by the majority vote of the Board of Directors based upon the presence of a quorum. The School shall seek community members with expertise in areas critical to school success including but not limited to education, school finance, fundraising, facilities, government, business, and legal.

Board Member Terms & Elections: Board elections will be held in January after school begins. Special elections will be called whenever necessary to fill an unexpected vacant board seat. The founding board member terms will be staggered. Two members shall serve an initial term of two years and one member shall serve an initial term of one year.

Board Duties: The Board of Directors of ACEL will meet regularly, at least once a month and in accordance with the Brown Act. The Board of Directors is fully responsible for the operation and fiscal affairs of the School including but not limited to the following:

§ Screen and select the Executive Director
§ Identify, negotiate and approve all contractual agreements.
§ Approve and monitor ACEL’s annual budget.
§ Act as a fiscal agent. This includes the receipt of funds for the operation of ACEL in accordance with charter school laws and the receipt of grants and donations consistent with the mission of ACEL.
§ Contract with an external independent auditor to produce an annual financial audit according to generally accepted accounting practices.
§ Establish operational committees as needed.
§ Regularly measure progress of both student and staff performance.
§ Involve parents and the community in school related programs.
§ Execute all applicable responsibilities provided for in the California Corporations Code.
§ Approve the school calendar and schedule of Board meetings.
§ Participate in the dispute resolution procedure and complaint procedures when necessary.
§ Approve charter amendments as necessary and submit material revisions as necessary for Granting Agency consideration.
§ Approve annual fiscal audit and annual performance report(s).
§ Appoint an administrative panel or act as a hearing body and take action on recommended student expulsions as needed.

The Board may initiate and carry on any program or activity or may otherwise act in a manner which is not in conflict with or inconsistent with or preempted by any law and which are not in conflict with the purposes for which schools are established.

All Board meetings shall comply with the Brown Act.

The Charter School shall adopt a conflicts code which will reflect Corporations Code Conflicts of Interest rules, and any charter school specific conflicts of interest regulations.

The Board may execute any powers delegated by law to it and shall discharge any duty imposed by law upon it and may delegate to an employee of ACEL or third party (e.g., person, management company or committee, however composed) any of those duties with the exception of budget approval, and approval of the fiscal and performance audits. The Board however, retains ultimate responsibility over the performance of those powers or duties so delegated. Such delegation will:

§ Be in writing,
§ Specify the entity designated;
§ Describe in specific terms the authority of the Board of Directors being delegated, any conditions on the delegated authority or its exercise and the beginning and ending dates of the delegation; and
§ Require an affirmative vote of a majority of Board members.

Board Training: The ACEL Board of Directors will attend an annual training session for the purposes of training individual board members on their responsibilities with topics to include, at minimum, Conflicts of Interest, and the Brown Act.

Charter School Executive Director: An Executive Director or Co-Executive Directors will be the leader or leaders of the School. The Executive Director(s) will ensure that the curriculum is implemented in order to optimize student learning and leadership development. The Executive Director(s) must report directly to the ACEL Board of Directors, and is responsible for the orderly, daily operation of the school and the supervision of all teachers and staff at ACEL. In the case of Co-Executive Directors, the individual areas of responsibility of each Executive Director shall be specifically delineated.

The Executive Director(s) shall be required to undertake some or all of the tasks detailed below. These tasks may include but are not limited to the following:

§ Ensure the charter school enacts its mission and achieves its goals
§ Supervise and evaluate teachers and staff
§ Communicate and reports to the ACEL Board of Directors and any contract service providers
§ Oversee school finances to ensure financial stability
§ Participates in and develop professional development workshops as needed
§ Serve or appoint a designee to serve on any committees of the School.
§ Interview and recommend employee hiring, promotion, discipline, and/or dismissal
§ Ensure compliance with all applicable state and federal laws and help secure local grants
§ Communicate with parents, recruit new families and students, and assure families of academic growth
§ Take responsible steps to secure full and regular attendance at School
§ Complete and submit required documents as requested or required by the charter and/or ACEL Board of Directors and/or the District
§ Identify the staffing needs of the school and offer staff development as needed
§ Maintain up-to-date financial records
§ Ensure that appropriate evaluation techniques are used for both students and staff
§ Establish and maintain a system to handle organizational tasks such as student records, teacher records, teacher credentialing information, contemporaneous attendance logs, purchasing, budgets, and timetables
§ Hire qualified substitute teachers as needed
§ Ensure the security of the school buildings
§ Promote the ACEL Charter Program in the community and promote positive public relations and interact effectively with media
§ Encourage and support teachers with on-going professional development
§ Attend District Administrative meetings as requested by the District and stay in direct contact with the District regarding changes, progress, etc.
§ Attend meetings with the Chief Financial Officer of the District as requested by the District
§ Provide all necessary financial reports as required for proper ADA reporting
§ Develop the School annual performance report and SARC (School Accountability Report Card)
§ Review fiscal audit findings with the ACEL Board of Directors and after review by the Board of Directors, present audit to the District Board of Education and the County Superintendent of Schools, the State Controller and the California Department of Education
§ Manage student discipline, as necessary participate in the suspension and expulsion process
§ Participate in special education meetings as necessary

The above duties, with the exception of personnel matters, may be delegated or contracted as approved by the Board of Directors to a business administrator of the School or other employee, or to a contract service provider.

D. Parent Involvement: Parents will be encouraged to form an advisory Parent Council to be responsible for parent involvement in school activities, assisting in fundraising, and advising the ACEL Board on any and all matters related to the strengthening of the ACEL community.

Element Five (E) – Employee Qualifications

All Employees: ACEL will ensure that all legal qualification requirements will be met for teachers, staff, paraprofessionals and other administrative employees of the school. Each certificated employee at the charter school will meet the state licensing requirements for the position that he/she holds. No state licensing requirements exist for most non-certificated positions. For all positions, certificated and non-certificated, the employee, at minimum, needs to satisfactorily meet the performance specifications required for the position and must possess the qualifications required to perform the essential functions of the position, as determined by the Board of Directors and/or the Executive Director. All employees of ACEL will be required to submit to a criminal background check and finish a criminal record summary as required by Ed. Code 44237 and 45125.1. New employees not possessing a valid California Teaching Credential must submit two sets of fingerprints to the California Department of Justice for the purpose of obtaining a criminal record summary. The Executive Director of the school shall monitor fingerprinting and background check compliance and the ACEL Board Chair shall monitor the fingerprinting and background clearance of the Executive Director. Volunteers who will volunteer outside of the direct supervision of a credentialed employee shall be fingerprinted and receive background clearance prior to volunteering without the direct supervision of a credentialed employee. All employees have a current TB test and clearance on file with the charter school.

Teachers/Academic Advisors: The charter school will adhere to the No Child Left Behind (NCLB) requirements with respect to teachers. Teachers will meet the requirements for employment as stipulated by the California Education Code section 47605(l). Teachers of core, college preparatory subjects (i.e. English language arts, math, science, history/social science, and special education) will hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in a non-charter public school would be required to hold. As specified in Education Code Section 47605(l), the charter school will have flexibility regarding the qualifications needed for teachers in non-core, non-college subject areas. In addition to meeting credentialing and highly qualified requirements, applicants to teach in our program will be evaluated based on the following qualifications:

§ Demonstrated expertise in subject area and the ability to communicate the appropriate knowledge to each student.
§ Possession of a CLAD credential.
§ Knowledge and experience with standards-based instruction: ability to align curriculum and standards and willingness to adopt grading practices that can be used in standards-based grading.
Knowledge of assessment strategies and the ability to use data to drive their teaching and ensure continuous improvement of student learning.
§ Ability to effectively use a broad range of instructional strategies, including direct instruction, project-based learning, guided independent study, differentiated instruction, and back mapping of standards to learning activities, among others.
§ Demonstrated competence using technology as a learning tool: willing and able to integrate technology into teaching and student learning.
§ Outstanding classroom management skills.
§ Commitment to the ACEL mission.
§ Experience working with diverse youth.
Willingness to work as a vital part of the ACEL team to ensure continuous improvement for students, staff and the charter school community as a whole.
Willingness and ability to work with students and parents on an ongoing basis to ensure student success.
Love of students, enthusiasm for teaching, the belief that each student can and will succeed and the willingness to do what it takes to make that happen.
Desire and ability to engage in continuing education, staff development and skill upgrading.
Positive references from most recent employment and/or college or graduate school.

Paraprofessionals: ACEL may also employ or retain non-certificated instructional support staff in any case where a prospective staff member has an appropriate mix of subject matter expertise, professional experience, and the capacity to work successfully in an instructional capacity. Instructional support staff will not assign grades or approve student work assignments without the approval of a teacher unless they are instructing non-core or non-college preparatory courses and activities and meet the requirements (with the exception of credentialing and highly qualified requirements) for teaching at the school as listed above.

Executive Director: The Executive Director is the primary administrator of the school’s educational program. In this role, the Executive Director must possess both the leadership skills and academic competencies to effectively operate a high quality educational program. It is the preference of the school to employ an Executive Director who possesses a California Administrative Credential. The Executive Director will exhibit the following qualifications:

The ability to articulate and support the philosophy and direction of the ACEL learning and leadership development program;
The ability to implement program initiatives through appropriate professional development for staff;
The ability to lead effectively within a team environment;
The ability to be the main liaison to and communicate effectively with staff, students, parents, community, private partners and outside agencies (including FUSD) to better meet the needs of the students in the school;
The ability to use appropriate communication tools, especially current technologies;
The ability to implement a shared decision making process agreed upon by all stakeholders;
The ability to establish a framework for collaborative action and involve the school and surrounding community in advancing meaningful projects that support the development of a healthy and sustainable Fresno community
The ability to work with all staff to create an effective staff development plan for all staff;
The desire and ability to engage in continuing education and skills upgrading.
The ability to create and maintain a safe, orderly, positive and effective learning environment;
The ability to annually evaluate the performance of all school-based staff;
The ability to employ and monitor acceptable accounting procedures in the maintenance of all fiscal records;
The ability to work well with the school governing board;
The ability to create and maintain a climate of respect and fairness for all staff and students.

Overall Qualifications (Desired/Preferred but not required)

School management and administration experience;
At least 5 years experience in the education field;
Curriculum implementation expertise;
Experience with school budgets;
Willingness to rapidly learn and achieve competence in the unique aspects of charter school leadership.

Support Staff: The charter school will seek administrative and operational staff that has demonstrated experience or expertise in the issues and work tasks required of them and will be provided professional development opportunities to ensure that they remain abreast of all relevant changes in laws or other operational requirements.

Recruitment: The charter school aims to hire a faculty composed of highly qualified, fully credentialed teachers in core subject areas. The lead petitioners have extensive experience working with the educational community in the Fresno area, including educators who we believe would be a good match for our program. In addition to attracting talented personnel in the immediate area, the lead petitioners plan to contact regional and national organizations as appropriate to publicize ACEL for experienced educators. We will also seek staff through teacher recruitment fairs, professional publications, newspapers, the California Charter Schools Association and related websites, EDJOIN and through our own website.
Non-Discrimination: ACEL Fresno will not discriminate against any applicant or employee on the basis of race, creed, color, national origin, age, gender, disability, registered domestic partner status, gender identity, or other basis prohibited by law.

Element Six (F) – Health and Safety Procedures

In order to provide safety for all students and staff, ACEL will adopt and implement full health and safety procedures and risk management policies at our school site in consultation with its insurance carriers and risk management experts. A full draft will be provided to the District for review at least 30 days prior to operation. The following is a summary of the health and safety policies of the Charter School:

Procedures for Background Checks: As noted above, employees of the Charter School will be required to submit to a criminal background check and finish a criminal record summary as required by Ed. Code 44237 and 45125.1. New employees not possessing a valid California Teaching Credential must submit two sets of fingerprints to the California Department of Justice for the purpose of obtaining a criminal record summary. The Principal of the school shall monitor compliance with this policy and report to the Charter School Board of Directors on a quarterly basis. The Board President shall monitor the fingerprinting and background clearance of the Executive Director. Volunteers who will volunteer outside of the direct supervision of a credentialed employee shall be fingerprinted and receive background clearance prior to volunteering without the direct supervision of a credentialed employee.

Role of Staff as Mandated Child Abuse Reporters: All non-certificated and certificated staff will be mandated child abuse reporters and will follow all applicable reporting laws, the same policies and procedures used by the District.

TB Testing: Faculty and staff will be tested for tuberculosis prior to commencing employment and working with students as required by Education Code Section 49406.

Immunizations: All students enrolled and staff will be required to provide records documenting immunizations as is required at public schools pursuant to Health and Safety Code Section 120325-120375, and Title 17, California Code of Regulations Section 6000-6075.

Medication in School: The Charter School will adhere to Education Code Section 49423 regarding administration of medication in school.

Emergency Preparedness: The Charter School shall adhere to an Emergency Preparedness Handbook drafted specifically to the needs of the school site in conjunction with law enforcement and the Fire Marshall. This handbook shall include, but not be limited to the following responses: fire, flood, earthquake, threats, and hostage situations. An existing emergency preparedness plan for the planned Boys and Girls Club school site shall be used as a starting basis for updating the handbook for the Charter School.

Blood borne Pathogens: The Charter School shall meet state and federal standards for dealing with blood borne pathogens and other potentially infectious materials in the work place. The Board shall establish a written infectious control plan designed to protect employees and students from possible infection due to contact with blood borne viruses, including human immunodeficiency virus (“HIV”) and hepatitis B virus (“HBV”). Whenever exposed to blood or other bodily fluids through injury or accident, staff and students shall follow the latest medical protocol for disinfecting procedures.

Drug Free/Alcohol Free/Smoke Free Environment: The Charter School shall function as a drug, alcohol and tobacco free workplace.

Facility Safety: The Charter School shall comply with Education Code Section 47610 by utilizing facilities that are compliant with the State Building Code. The School agrees to test sprinkler systems, fire extinguishers, and fire alarms annually at its facilities to ensure that they are maintained in an operable condition at all times.

Comprehensive Sexual Harassment Polices and Procedures: The Charter School is committed to providing a school that is free from sexual harassment, as well as any harassment based upon such factors as race, religion, creed, color, national origin, ancestry, age, medical condition, gender identity, registered domestic partner status, marital status, sexual orientation, or disability, and any other basis prohibited by law. The Charter School has developed a comprehensive policy to prevent and immediately remediate any concerns about sexual discrimination or harassment at the Charter School (including employee to employee, employee to student, and student to employee misconduct). Misconduct of this nature is very serious and will be addressed in accordance with the Charter School sexual harassment policy.

Building Permitting: ACEL Fresno, at its own cost and expense, will be responsible for obtaining appropriate permits from the local public entity with jurisdiction over the issuance of such permits, including building permits, occupancy permits, fire/life safety inspections and conditional use permits, as may be required to ensure a safe school and facilities for staff and students.

Element Seven (G) – Achieving Racial and Ethnic Balance

ACEL will implement a student recruitment strategy that includes, but is not necessarily limited to, the following elements or strategies to ensure a racial and ethnic balance that is reflective of the Fresno area:

1) An enrollment process that is scheduled and adopted to include a timeline that allows for a broad-based recruiting and application process
2) The development of promotional and informal material that appeals to all major racial and ethnic groups represented in the district; including materials in languages other than English to appeal to limited English proficient populations.
3) Targeted meetings in multiple communities to reach prospective students and parents

Because we seek a targeted student population whose families may not be reachable by traditional means, ACEL plans to utilize direct outreach strategies such as direct mailing to members of the Fresno Boys and Girls Clubs in targeted communities, outreach to other local community-based organizations, and community and home meetings targeted in specific communities in the Fresno area. ACEL also may use church and community group bulletin boards in an effort to tailor outreach efforts to a diversity of students/families.

Element Eight (H) – Student Admissions

Students who understand and value the school’s mission and are committed to the school’s instructional and educational philosophy will be encouraged to apply. Admission to ACEL shall be open to any resident of California that is of legal age to attend public school. Pupils will be considered for admission without regard to race, ethnicity, national origin, gender or disability. The School will strive through recruiting efforts to achieve a racial and ethnic balance of students that reflects the general population within the territorial jurisdiction of the Fresno Unified School District.

ACEL has no requirement for admission and must admit (subject to the school’s capacity) any child who wishes to apply. We do, however, have a family-school agreement which all parents will be asked to sign and orientation meetings which parents will be asked to attend. A family will not be turned away for refusing to sign this agreement or refusing to attend an orientation. In no instance will a student be refused admission nor subjected to any form of discipline for failure of a parent to sign or comply with the family school agreement.

Family School Agreement: This is an agreement to abide by the academic and behavioral rules of the school. Parents/legal guardians will be asked to sign a family school agreement stating that they understand the academic and behavior policies of ACEL and will support those policies and will work to ensure that their children abide by the rules of the school.

No Admission Testing: Post enrollment, ACEL may hold a grade-level knowledge-based examination, which allows the administrator or testing coordinator to assess the students’ readiness for the grade of entrance; however, such assessments will not be used as a means to prohibit or discourage certain students from attending. Post matriculation, various other assessments may be administered to further determine readiness or maintenance of the said grade. These instruments aid in the development of individualized learning plans for students. Students who are working below grade level or simply need a little extra help may be asked to attend voluntary programs designed to remediate any deficiencies.

Application and Enrollment Process: The School will establish an annual recruiting and admissions cycle, which shall include reasonable time for all of the following: (1) outreach and marketing, (2) orientation sessions for students and parents, (3) an open admissions application period, (4) an admissions public random drawing, if necessary, and (5) enrollment. The School may fill vacancies or openings that become available after this process using either a waiting list or any other non-discriminatory process.

ACEL will develop a standardized application packet and form required of all prospective students. Included with the application packet will be information detailing the educational philosophy, discipline policy, and parent participation plan of ACEL. The application form will only gather basic contact information about the applicant. Parents/legal guardians must fill out and sign the application form and will be encouraged to sign the information sheet signifying that they agree to sign the Family School Agreement.

Timeline for first year of operation: We anticipate that our open applications for admission period will be held during the spring of 2007. During that time, applications will be collected for at least a one month period.

Timeline for subsequent years of operation: We anticipate that during the 2nd year forward, our open applications for admissions period shall be held beginning in December with applications to be collected for at least a two month period. The school will hold at least three parent information meetings during the open application period so parents can learn more about the school before they apply.

The Lottery and Priority Admissions: After the close of the open application period, ACEL will enroll all students who applied during the open application period subject to capacity. If the number of applications for admission to a grade exceeds the number of available slots in that grade, enrollment, except for existing students of the School,, will be determined by random public drawing. This random public drawing will be held in a widely publicized, public setting on a widely publicized date. ACEL shall ensure that an independent third party is responsible for the actual “drawing” of applications. In the case of a public random drawing (in the event that applicants exceed school capacity), the following admissions preferences shall be applied in the priority order as listed below:

1. Siblings of existing students
2. Children of teachers, staff, or Board members at the school
3. Students in the District attending schools in Program Improvement or with a statewide rank of 1 or 2
4. All other District residents
5. All other applicants

All applications collected during the open application period shall be drawn. Once capacity is reached, the remaining applications drawn will be placed on a wait-list in the random order in which they are drawn. After the public random drawing, those students who are drawn for enrollment will receive their official enrollment/registration forms and will be informed of the enrollment process detailed below. If the number of applications does not exceed the number of spaces available in each grade in the school, there will be no public random drawing in the grade level that is not over-subscribed and all students who submitted complete enrollment/registration information will be enrolled.

Existing students of the School will not participate in the public random drawing, as they are automatically reserved a space for the following year. [1]

Student/Parent Orientation Meeting: Orientation meetings for parents will be held subsequent to the public random drawing. At the first meeting, staff and parents will review school policies and be asked and strongly encouraged to sign the family-school agreement and official enrollment papers. The enrollment packet also includes information such as the mandatory immunizations and immunization record that must be submitted along with a list of emergency contacts. Parents and legal guardians will also receive a family-student handbook during this orientation. This is a mandatory meeting. Parents who cannot make this meeting must make a personal appointment with the charter school’s Executive Director or designee to address the information covered in the meeting.

Assurances: The Fresno Academy for Civic and Entrepreneurial Leadership will be non-sectarian in its programs, admissions policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate on the basis of race, ethnicity, national origin, gender, or disability. ACEL will comply with applicable public agency, state and federal laws, regulations and codes during its operations.

Element Nine (I) – Annual Financial Audits

Multi-Year Financial Plan: A multi-year financial plan for the school is attached. This plan is based on the best data available to the developers at the time the plan was assembled. Attached as Appendix A please find the following documents:

1. A projected three year budget including startup costs
2. Cash flow and financial projections for the first three years of operation

Budget and Financial Reporting Schedule: ACEL will annually prepare and submit to FUSD:

§ On or before July 1st, a final budget

§ On or before December 15th, an interim financial report which reflects changes to the final budget through October 31st. Additionally, on December 15, a copy of the Charter School’s annual, independent financial audit report for the preceding fiscal year shall be delivered to the District, State Controller, State Department of Education and County Superintendent of Schools.

§ On or before March 15th, a second interim financial report which reflects changes to the final budget through January 31st

§ On or before September 15th, a final unaudited financial report for the prior full fiscal year

Attendance Accounting: ACEL will implement an attendance recording and accounting system, to ensure contemporaneous record keeping, which complies with state law. ACEL will provide reporting to the District as required by law and as requested by the District including but not limited to the following: California Basic Educational Data System (CBEDS), actual Average Daily Attendance reports, all financial reports required by Education Code Section 47604.33 and 47605(m) (as stated above) and the School Accountability Report Card (SARC).

The Charter School agrees to and submits to the right of the District to make random visits and inspections in order to carry out its statutorily required oversight. Pursuant to Education Code Section 47604.3 the Charter School shall promptly respond to all reasonable inquiries of the District including, but not limited to inquiries regarding its financial records from the District, the County Office of Education, and the State Superintendent of Public Instruction.

Insurance: Fresno Unified School District shall not be required to provide coverage to ACEL under any of the district’s self-insured programs or commercial insurance policies. The charter school shall secure and maintain, as a minimum, insurance as set forth below to protect ACEL from claims which may arise from its operations. The following insurance policies are required:

1. Workers’ Compensation Insurance in accordance with provisions of the California Labor Code, adequate to protect ACEL from claims under Workers’ Compensation Acts, which may arise from its operations.

2. General Liability, Comprehensive Bodily Injury and Property Damage Liability for combined single limit coverage of not less than $1,000,000 for each occurrence based upon the recommendation of the insurance provider for schools of similar size, location, and type of program. The policy shall be endorsed to name the Fresno Unified School District and the Board of Education of FUSD as additional insurers.

3. Fidelity Bond coverage shall be maintained by ACEL to cover all charter school employees who handle, process, or otherwise have responsibility for charter school funds, supplies, equipment or other assets. Minimum amount of coverage shall be $50,000 per occurrence, with no self-insured retention.

4. Directors and Officers Coverage shall be maintained by ACEL to cover its Board of Directors.

Insurance Certificates: ACEL shall keep on file certificates signed by an authorized representative of the insurance carrier. Certificates shall be endorsed as follows: The insurance afforded by this policy shall not be suspended, cancelled, reduced in coverage or limits or non-renewed except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the district.

Administrative Services: The Executive Director will assume the lead responsibility for administering the School under the policies adopted by the ACEL Board of Directors. The petitioners anticipate that most of its own administrative services, including but not limited to financial management, human resources, and payroll, will be procured through an appropriate qualified third-party contract. A copy of any contract for back office services shall be provided to the District prior to opening.

School Facility and Location: ACEL will locate its school during its first year at the Boys and Girls Club of Fresno – Zimmerman Center (adjacent to Tehipite Middle School.) The Club has been the location of a previous charter school, and has the requisite facilities to accommodate the school, including potential for shared use of a multi-purpose room, gym, and rooms appropriate for both classrooms and offices. Preliminary discussions are under way to include ACEL in the building plans for future expansion of the Boys and Girls Club network at another location with the City of Fresno (near Fresno Pacific University.)

Audits: An annual independent fiscal audit of the books and records of ACEL will be conducted under contract with the Board of ACEL, as required under the Charter Schools Act, section 47605(b)(5)(I) and 47605(m). The books and records of the Charter School will be kept in accordance with generally accepted accounting principles, and as required by applicable law and the audit will employ generally accepted accounting procedures. The audit shall be conducted in accordance with applicable provisions within the California Code of Regulations governing audits of charter schools as published in the State Controllers Guide.

An audit committee will select an independent auditor through a request for proposal format. The auditor will have, at a minimum, a CPA and educational institution audit experience and approved by the State Controller on its published list as an educational audit provider. To the extent required under applicable federal law, the audit scope will be expanded to include items and processes specified in applicable Office of Management and Budget Circulars.

It is anticipated that the annual audit will be completed within four months of the close of the fiscal year and that a copy of the auditor’s findings will be forwarded to the ACEL Board, the Fresno Unified School District, the County Superintendent of Schools, the State Controller, and to the CDE by the 15th of December of each year. The Principal, along with the audit committee, will review any audit exceptions or deficiencies and report to the Charter School Board of Directors with recommendations on how to resolve them. Should the audit note any exceptions or deficiencies, the School will follow a procedure whereby the School:
Informs in writing all audit recipients of any exception and/or deficiency the School disputes or believes it has already corrected by the time of submitting the audit, along with supporting documentation;
Informs all audit recipients in writing of a proposed timetable with benchmarks for the correction of each exception and/or deficiency still outstanding at time of audit submission; and
Resolves all outstanding or disputed exceptions and/or deficiencies to the satisfaction of the District in its sole discretion by no later than the following June 30th or other time as may be mutually agreed to.

Element Ten (J) – Student Suspensions and Expulsions

This Pupil Suspension and Expulsion Policy has been established in order to promote learning and protect the safety and well being of all students at the School. When the Policy is violated, it may be necessary to suspend or expel a student t from regular classroom instruction. This policy shall serve as the Academy’s policy and procedures for student suspension and expulsion and it may be amended from time to time without the need to amend the charter so long as the amendments comport with legal requirements, and provided said amendment is not a material revision to this charter petition.

School staff shall enforce disciplinary rules and procedures fairly and consistently among all students. This Policy and its Procedures will be printed and distributed as part of the Student Handbook and will clearly describe discipline expectations.

Discipline includes but is not limited to advising and counseling students, conferring with parents/guardians, detention during and after school hours, use of alternative educational environments, suspension and expulsion.

Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of or willfully causing the infliction of physical pain on a student. For purposes of the Policy, corporal punishment does not include an employee’s use of force that is reasonable and necessary to protect the employee, students, staff or other persons or to prevent damage to school property.

The Charter School administration shall ensure that students and their parents/guardians are notified in writing upon enrollment of all discipline policies and procedures. The notice shall state that these Policy and Administrative Procedures are available on request at the Executive Director’s office.

Suspended or expelled students shall be excluded from all school and school-related activities unless otherwise agreed during the period of suspension or expulsion.

A student identified as an individual with disabilities or for whom the School has a basis of knowledge of a suspected disability pursuant to the Individuals with Disabilities in Education Act (“IDEIA”) or who is qualified for services under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is subject to the same grounds for suspension and expulsion and is accorded the same due process procedures applicable to regular education students except when federal and state law mandates additional or different procedures. The School will follow Section 504, the IDEIA, and all applicable federal and state laws including but not limited to the California Education Code, when imposing any form of discipline on a student identified as an individual with disabilities or for whom the School has a basis of knowledge of a suspected disability or who is otherwise qualified for such services or protections in according due process to such students. The Charter School shall notify the District of the suspension of any student identified under the IDEIA (or for whom there may be a basis of knowledge of the same) or as a student with a disability under Section 504 and would grant the District approval rights prior to the expulsion of any such student as well.

1. Grounds for Suspension and Expulsion of Students

A student may be suspended or expelled for prohibited misconduct if the act is related to school activity or school attendance occurring at the School or at any other school or a School sponsored event at anytime including but not limited to: a) while on school grounds; b) while going to or coming from school; c) during the lunch period, whether on or off the school campus; d) during, going to, or coming from a school-sponsored activity.

2. Enumerated Offenses

Students may be suspended or expelled for any of the following acts when it is determined the pupil:

a. Caused, attempted to cause, or threatened to cause physical injury to another person or willfully used force of violence upon the person of another, except self-defense.

b. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the students had obtained written permission to possess the item from a certificated school employee, with the Executive Director or designee’s concurrence.

c. Unlawfully possessed, used, sold or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind.

d. Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, alcoholic beverage or intoxicant.

e. Committed or attempted to commit robbery or extortion.

f. Caused or attempted to cause damage to school property or private property.

g. Stole or attempted to steal school property or private property.

h. Possessed or used tobacco or any products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel.

i. Committed an obscene act or engaged in habitual profanity or vulgarity.

j. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5.

k. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties.

l. Knowingly received stolen school property or private property.

m. Possessed an imitation firearm, i.e.: a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.

n. Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a or 289, or committed a sexual battery as defined in Penal Code 243.4.

o. Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness.

p. Unlawfully offered, arranged to sell, negotiated to sell, or sold prescription drugs.

q. Engaged in or attempted to engage in hazing of another.

r. Aiding or abetting as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person.

s. Made terrorist threats against school officials and/or school property.

t. Committed sexual harassment.

u. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence.

v. Intentionally harassed, threatened or intimidated a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading student rights by creating an intimidating or hostile educational environment.

Alternatives to suspension or expulsion will first be attempted with students who are truant, tardy, or otherwise absent from assigned school activities.

3. Suspension Procedure

Suspensions shall be initiated according to the following procedures:

a. Conference

Suspension shall be preceded, if possible, by a conference conducted by the Executive Director or the Executive Director’s designee with the student and his or her parent and, whenever practical, the teacher, supervisor or school employee who referred the student to the Executive Director. The conference may be omitted if the Executive Director or designee determines that an emergency situation exists. An “emergency situation” involves a clear and present danger to the lives, safety or health of students or school personnel. If a student is suspended without this conference, both the parent/guardian and student shall be notified of the student’s right to return to school for the purpose of a conference.

At the conference, the pupil shall be informed of the reason for the disciplinary action and the evidence against him or her and shall be given the opportunity to present his or her version and evidence in his or her defense.

This conference shall be held within two school days, unless the pupil waives this right or is physically unable to attend for any reason including, but not limited to, incarceration or hospitalization.

No penalties may be imposed on a pupil for failure of the pupil’s parent or guardian to attend a conference with school officials. Reinstatement of the suspended pupil shall not be contingent upon attendance by the pupil’s parent or guardian at the conference.

b. Notice to Parents/Guardians

At the time of the suspension, an administrator or designee shall make a reasonable effort to contact the parent/guardian by telephone or in person. Whenever a student is suspended, the parent/guardian shall be notified in writing of the suspension and the date of return following suspension. This notice shall state the specific offense committed by the student. In addition, the notice may also state the date and time when the student may return to school. If school officials wish to ask the parent/guardian to confer regarding matters pertinent to the suspension, the notice may request that the parent/guardian respond to such requests without delay.

c. Suspension Time Limits/Recommendation for Placement/Expulsion

Suspensions, when not including a recommendation for expulsion, shall not exceed five (5) consecutive school days per suspension.

Upon a recommendation of Placement/Expulsion by the Executive Director or Executive Director’s designee, the pupil and the pupil’s guardian or representative will be invited to a conference to determine if the suspension for the pupil should be extended pending an expulsion hearing. This determination will be made by the Executive Director or designee upon either of the following determinations: 1) the pupil’s presence will be disruptive to the education process; or 2) the pupil poses a threat or danger to others. Upon either determination, the pupil’s suspension will be extended pending the results of an expulsion hearing.

4. Authority to Expel

A student may be expelled either by the Board following a hearing before it or by the Board upon the recommendation of an Administrative Panel to be assigned by the Board as needed. The Administrative Panel should consist of at least three members who are certificated and neither a teacher of the pupil or a Board member of the School’s governing board. The Administrative Panel may recommend expulsion of any student found to have committed an expellable offense.

5. Expulsion Procedures

Students recommended for expulsion are entitled to a hearing to determine whether the student should be expelled. Unless postponed for good cause, the hearing shall be held within thirty (30) school days after the Executive Director or designee determines that the Pupil has committed an expellable offense.

In the event an administrative panel hears the case, it will make a recommendation to the Board for a final decision whether to expel. The hearing shall be held in closed session unless the pupil makes a written request for a public hearing three (3) days prior to the hearing.

Written notice of the hearing shall be forwarded to the student and the student’s parent/guardian at least ten (10) calendar days before the date of the hearing. Upon mailing the notice, it shall be deemed served upon the pupil. The notice shall include:

a) The date and place of the expulsion hearing;

b) A statement of the specific facts, charges and offenses upon which the proposed expulsion is based;

c) A copy of the School’s disciplinary rules which relate to the alleged violation;

d) Notification of the student’s or parent/guardian’s obligation to provide information about the student’s status at the school to any other school district or school to which the student seeks enrollment;

e) The opportunity for the student or the student’s parent/guardian to appear in person or to employ and be represented by counsel or a non-attorney advisor;

f) The right to inspect and obtain copies of all documents to be used at the hearing;

g) The opportunity to confront and question all witnesses who testify at the hearing;

h) The opportunity to question all evidence presented and to present oral and documentary evidence on the student’s behalf including witnesses.

6. Special Procedures for Expulsion Hearings Involving Sexual Assault or Battery Offenses

The School may, upon a finding of good cause, determine that the disclosure of either the identity of the witness or the testimony of that witness at the hearing, or both, would subject the witness to an unreasonable risk of psychological or physical harm. Upon this determination, the testimony of the witness may be presented at the hearing in the form of sworn declarations which shall be examined only by the School or the hearing officer. Copies of these sworn declarations, edited to delete the name and identity of the witness, shall be made available to the pupil.

a) The complaining witness in any sexual assault or battery case must be provided with a copy of the applicable disciplinary rules and advised of his/her right to (a) receive five days notice of his/her scheduled testimony, (b) have up to two (2) adult support persons of his/her choosing present in the hearing at the time he/she testifies, which may include a parent, guardian, or legal counsel, and (c) elect to have the hearing closed while testifying.

b) The School must also provide the victim a room separate from the hearing room for the complaining witness’ use prior to and during breaks in testimony.

c) At the discretion of the person or panel conducting the hearing, the complaining witness shall be allowed periods of relief from examination and cross-examination during which he or she may leave the hearing room.

d) The person conducting the expulsion hearing may also arrange the seating within the hearing room to facilitate a less intimidating environment for the complaining witness.

e) The person conducting the expulsion hearing may also limit time for taking the testimony of the complaining witness to the hours he/she is normally in school, if there is no good cause to take the testimony during other hours.

f) Prior to a complaining witness testifying, the support persons must be admonished that the hearing is confidential. Nothing in the law precludes the person presiding over the hearing from removing a support person whom the presiding person finds is disrupting the hearing. The person conducting the hearing may permit any one of the support persons for the complaining witness to accompany him or her to the witness stand.

g) If one or both of the support persons is also a witness, the School must present evidence that the witness’ presence is both desired by the witness and will be helpful to the School. The person presiding over the hearing shall permit the witness to stay unless it is established that there is a substantial risk that the testimony of the complaining witness would be influenced by the support person, in which case the presiding official shall admonish the support person or persons not to prompt, sway, or influence the witness in any way. Nothing shall preclude the presiding officer from exercising his or her discretion to remove a person from the hearing whom he or she believes is prompting, swaying, or influencing the witness.

h) The testimony of the support person shall be presented before the testimony of the complaining witness and the complaining witness shall be excluded from the courtroom during that testimony.

i) Especially for charges involving sexual assault or battery, if the hearing is to be conducted in the public at the request of the pupil being expelled, the complaining witness shall have the right to have his/her testimony heard in a closed session when testifying at a public meeting would threaten serious psychological harm to the complaining witness and there are no alternative procedures to avoid the threatened harm. The alternative procedures may include videotaped depositions or contemporaneous examination in another place communicated to the hearing room by means of closed-circuit television.

j) Evidence of specific instances of a complaining witness’ prior sexual conduct is presumed inadmissible and shall not be heard absent a determination by the person conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before such a determination regarding extraordinary circumstance can be made, the witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose.

7. Record of Hearing

A record of the hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.

8. Presentation of Evidence

While technical rules of evidence do not apply to expulsion hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A recommendation by the Administrative Panel to expel must be supported by substantial evidence that the student committed an expellable offense.

Findings of fact shall be based solely on the evidence at the hearing. While hearsay evidence is admissible, no decision to expel shall be based solely on hearsay and sworn declarations may be admitted as testimony from witnesses of whom the Board, Panel or designee determines that disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.

If, due to a written request by the expelled pupil, the hearing is held at a public meeting, and the charge is committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public.

The decision of the Administrative Panel shall be in the form of written findings of fact and a written recommendation to the Board who will make a final determination regarding the expulsion. The final decision by the Board shall be made within ten (10) school days following the conclusion of the hearing. The Decision of the Board is final.

If the expulsion hearing panel decides not to recommend expulsion, the pupil shall immediately be returned to his/her educational program.

9. Written Notice to Expel

The Executive Director or designee following a decision of the Board to expel shall send written notice of the decision to expel, including the Board’s adopted findings of fact, to the student or parent/guardian. This notice shall also include the following:

a) Notice of the specific offense committed by the student

b) Notice of the student’s or parent/guardian’s obligation to inform any new district in which the student seeks to enroll of the student’s status with the School.

The Executive Director or designee shall send a copy of the written notice of the decision to expel to the District.

This notice shall include the following :

a) The student’s name

b) The specific expellable offense committed by the student

Additionally, in accordance with Education Code Section 47605(d) (3), upon expulsion of any student, the Charter School shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card and health information.

10. Disciplinary Records

The School shall maintain records of all student suspensions and expulsions at the School. Such records shall be made available to the District upon request.

11. No Right to Appeal

The pupil shall have no right of appeal from expulsion from the Charter School as the Charter School Board’s decision to expel shall be final.

12. Expelled Pupils/Alternative Education

Pupils who are expelled shall be responsible for seeking alternative education programs including, but not limited to, programs within the County or their school district of residence.

13. Rehabilitation Plans

Students who are expelled from the School shall be given a rehabilitation plan upon expulsion as developed by the Board at the time of the expulsion order, which may include, but is not limited to, periodic review as well as assessment at the time of review for readmission. The rehabilitation plan should include a date not later than one year from the date of expulsion when the pupil may reapply to the School for readmission.

14. Readmission

The decision to readmit a pupil or to admit a previously expelled pupil from another school district or charter school shall be in the sole discretion of the Board following a meeting with the Executive Director and the pupil and guardian or representative to determine whether the pupil has successfully completed the rehabilitation plan and to determine whether the pupil poses a threat to others or will be disruptive to the school environment. The Executive Director shall make a recommendation to the Board following the meeting regarding his or her determination. The pupil’s readmission is also contingent upon the School’s capacity at the time the student seeks readmission.

Element Eleven (K) – STRS, PERS and Other Retirement Coverage

ACEL retains the option for its board of directors to choose to participate in California’s State Teacher Retirement System (STRS), Public Employees Retirements System (PERS) or Social Security depending upon employee eligibility and what the board determines is in the best interest of the staff and the school as a whole. ACEL will, at a minimum, participate in Social Security as required by law. If the board chooses STRS or PERS in accordance with Education Code Section 47611.3, it shall ask the District or the County to create any reports required by STRS in exchange for the actual costs of providing such service.

Element Twelve (L) – Attendance Alternatives

School of Choice: ACEL Fresno is a school of choice. No student is required to attend. Students choosing not to attend ACEL Fresno may attend other public schools within their home school district, or pursue an inter-district transfer in accordance with existing enrollment and transfer policies of their district or county of residence.”

Transportation: Transportation is a parental responsibility for families who choose to attend ACEL Fresno, and is not provided by ACEL Fresno.

Element Thirteen (M) – Employee Return Rights

Return rights of employees who previously worked for FUSD will be determined by FUSD policies and in accordance with existing law. FUSD’s policies and collective bargaining agreements do not provide for employees’ return rights.

Element Fourteen (N) – Dispute Resolution with Fresno Unified School District

Should a conflict or dispute arise between the District and the Charter School, the parties will endeavor to resolve the conflict or dispute through negotiations between each party’s designated representative(s). If the negotiations do not result in a resolution of the matter, then the parties may agree to resolve the dispute utilizing mediation prior to resorting to other legal remedies.

Notwithstanding anything in this charter petition to the contrary, participation in any dispute resolution procedure is entirely voluntary for FUSD to the extent the District is carrying out its oversight responsibilities, up to and including revocation of the charter. Disputes related to revocation of the charter or acts or omissions of the Charter School or parent that constitute grounds for revocation of the Charter shall be handled pursuant to Education Code section 47607.

Element Fifteen (O) – Public School Employer

ACEL Fresno declares that it shall be the exclusive public school employer of the employees at the School for the purposes of the Educational Employment Relations Act. Further, ACEL Fresno shall retain the right to establish its own lawful procedures for discipline and dismissal.

Element Sixteen (P) – Procedures to be used if the charter school closes

The following procedures shall apply in the event the School closes. The following procedures apply regardless of the reason for closure. Closure of ACEL will be documented by official action of the ACEL Fresno Board. The action will identify the reason for closure. If ACEL is being closed by voluntary rescission by the ACEL Board (as opposed to revocation or non-renewal), the ACEL Board will promptly notify the District of the closure and of the effective date of the closure.

The ACEL Board will ensure notification to the parents and students of the School of the closure and to provide information to assist parents and students in locating suitable alternative programs. This notice will be provided promptly following the Board’s decision to close the School.

As applicable, the ACEL Board will provide parents, students and the District with copies of all appropriate student records and will otherwise assist students in transferring to their next school. All transfers of student records will be made in compliance with the Family Educational Rights and Privacy Act (“FERPA”) 20 U.S.C. § 1232g. The ACEL Board will ask the District to store original records of ACEL students. All records of the School shall be transferred to the District upon School closure, or to the County Office of Education if the District is unwilling or unable to store the original records. If neither the District nor County Office of Education will store the records, the original records will be returned to the school district of residence of each pupil.

As soon as reasonably practical, an independent audit of ACEL final financial records will be completed. The independent audit completed as soon as reasonably practical, which period is generally no more than six months after closure. ACEL will pay for the final audit. The audit will be prepared by a qualified Certified Public Accountant selected by the ACEL Board and will be provided to the District promptly upon its completion.

On closure of ACEL, all net assets of ACEL, including but not limited to all leaseholds, personal property, intellectual property and all ADA apportionments and other revenues generated by students attending the School, remain the sole property of ACEL and shall be distributed to another public school operated by ACEL, consistent with the granting agency’s requirements, if any, or if ACEL is dissolving as a corporation, in accordance with the Articles of Incorporation upon the dissolution of the nonprofit public benefit corporation to another public educational entity. On closure, the ACEL shall remain solely responsible for all liabilities arising from the operation of the ACEL, if any.

As ACEL is operated by a nonprofit public benefit corporation, should the corporation dissolve with the closure of the School, the Board will follow the procedures set forth in the California Corporations Code for the dissolution of a nonprofit public benefit corporation and file all necessary filings with the appropriate state and federal agencies.

Other Charter Elements

17. Operating Principles

Non-Discrimination Policy: ACEL Fresno shall be nonsectarian in its programs, admissions policies, employment practices and all other operations. ACEL Fresno will not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability.

Tuition Policy: ACEL Fresno will not charge tuition.

18. Legal Status and Liability

Nonprofit Status and Indemnification of District: ACEL Fresno will operate as a nonprofit public benefit corporation. As such, Fresno Unified School District shall not be liable for the debts or obligations of the school. School shall hold harmless, defend and indemnify District, the Board of Education, its officers and employees, from every liability, claim or demand which may be made by reason of: (a) any injury to person or property sustained by School, its officers, employees or authorized volunteers; and (b) any injury to person or property sustained by any person, firm or corporation caused by any act, neglect, default, or omission of School, its officers, employees or agents. In cases of such liabilities, claims or demands, School at its own expense and risk shall defend all legal proceedings which may be brought against it and/or the District, the FUSD Board of Education, its officers and employees, and satisfy any resulting judgments up to the required amounts that may be rendered against any of them.

19. Staff Employment

Hiring Process and Authority: ACEL Fresno will select all school staff. No employee of Fresno Unified School District, or any other district, shall be required to work at ACEL Fresno. Any prospective employee shall be considered for employment through an open application process, and, if selected, shall enter into a contractual agreement to make their services available to ACEL Fresno. ACEL Fresno shall have the authority to terminate the position in accordance with the terms of that agreement.

Collective Bargaining: Employees shall have the option to join, or not to join, any collective bargaining unit they chose. Where provisions of ACEL Fresno policy or this charter conflict with a collective bargaining unit agreement, ACEL Fresno policy or this charter will prevail absent any other agreement with the bargaining unit to the contrary.

20. Internal Dispute Resolution

The ACEL Fresno board of directors will adopt policies and processes for airing and resolving disputes (other than those between Fresno Unified School District and ACEL Fresno relating to provisions of this charter, which are covered in Element Fourteen (N), above). Parents, students, board members, volunteers and staff at ACEL Fresno will be provided with a copy of the school’s policies and dispute resolution process and will agree to work within it. In the event that the school’s adopted policies and processes fail to resolve the dispute, ACEL shall seek to work with the District to resolve the matter in a cooperative relationship between the ACEL Executive Director and Board and District personnel. Notwithstanding the above, the District Board of Education shall have the ability to intervene in and respond to complaints about the operation of ACEL Fresno as is required or permitted by law.

21. Funding

Direct Funding from the State: The School elects to receive funding directly from the State of California through the County Treasurer and the County Office of Education in accordance with applicable law and the State’s block grant program for charter schools. The School will act as its own fiscal agent.

22. District Services

Memorandum of Understanding: The School will negotiate in good faith with the District on an annual basis to develop a memorandum of understanding (MOU) separate from this charter, one that establishes more specifically the financial and service relationship between the two parties. The School’s purchase of goods and services, if any, from the District shall not negate the operational independence of the School from the District.

Charges Regarding District Oversight and Facilities: The District may charge for the actual cost of oversight of the School not to exceed one percent of annual revenues or not to exceed three percent of the revenue of the School if the School is able to obtain substantially rent-free facilities from the District.

26. Information Exchange

Inspection and Sharing of Records: ACEL Fresno agrees to permit the District to inspect and receive copies of all records relating to the operation of ACEL Fresno, including financial, personnel, and pupil records.

Public Records: The records of the School are public records under the California Public Records Act.

27. Charter Term

The term of this charter shall begin for a five-year period on the date that the District’s Board of Education approves the charter petition and ending on June 30, 2011.

28. Charter Amendments
The governing board of ACEL Fresno may request from the District an amendment of this charter at any time. The District agrees to hear and decide upon such a request in a timely fashion. Material revisions of charters shall be governed by the standards and criteria in Section 47605 then in effect.

29. Charter Petition Signatures
The community of Fresno has exhibited strong support for the Fresno Academy for Civic and Entrepreneurial Leadership, as evidenced by the attached letters of support for ACEL from local and national organizations.

The first set of signatures submitted are pursuant to Education Code Section 47605(a)(1)(B) in order to fulfill the condition that the charter petition be submitted to the governing board of the school district for review after the petition has been signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation.

The petitioners pledge to work cooperatively with the District to answer any concerns over this document, to negotiate a mutually agreeable memorandum of understanding, and to present the District with the strongest possible proposal requesting a five year term to begin operation in September 2007. ACEL shall be considered approved as of the date of charter approval. Renewal of the charter shall be governed by the standards and criteria in Education Code Section 47605 and Education 47607 as applicable. In the event that any of the terms of this Charter are found to be unenforceable by a court of competent jurisdiction, the remainder of the charter shall not be affected thereby and shall remain in full force and effect.

[1] This “reservation of space” does not guarantee a particular grade-level placement for those existing students who may be subject to the ACEL retention policy.

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/lia href='http://www.tex.tuiasi.ro/volume/pdf/sw/?q1=294'