This document was provided, as is, to the California ... · This document is posted to the CDE Web...

This document was provided, as is, to the California Department of Education (CDE) by KIPP Bayview Elementary School. This document is posted to the CDE Web site to meet the legal requirements of California Education Code Section 33009.5.

For more information regarding the content of this material, please contact the Charter Schools Division by phone at 916-322-6029 or by e-mail at [email protected].

mailto:[email protected]

TO: Judie Hall, Education Administrator, California Department of Education Charter Schools Division

CC: Members of the State Board of Education Members of the Advisory Commission on Charter Schools

FROM: Allie Welch, Founding School Leader for KIPP Bayview Elementary School Beth Sutkus Thompson, Chief Executive Officer, KIPP Bay Area Schools Ana Maria Aristizabal, Associate Director of Growth and Advocacy, KIPP Bay Area Schools

RE: Appeal of San Francisco Unified School District Board Denial of KIPP Bayview Elementary School

DATE: November 28, 2017

Dear Administrator Hall:

This letter is to inform you that KIPP Bay Area Schools hereby appeals the denial of its charter petition for KIPP Bayview Elementary School (“KIPP Elementary School”)1 by the San Francisco Unified School District2 (the “District”) to the California Department of Education (the “CDE”), as provided for in Education Code Section 47605(j)(1) and Title 5, California Code of Regulations Section 11967(a).

Title 5, California Code of Regulations Section 11967(b) requires that a charter school whose petition has been denied and that wishes to appeal its petition to the State Board of Education must send specific information within 180 calendar days after the denial action, which is included herein.

This submission includes the following documents: 1. A complete copy of the original petition submission as denied by the District. Attached under

Binder Tab 1, please find:a. A copy of the petition documentb. A copy of the appendices submitted with the petition, including the signatures required

by Education Code Section 47605(a)2. Evidence of the District Board’s action to deny the petition and the District’s written factual

findings specific to the particular petition, when applicable, setting forth specific facts to supportone or more of the grounds for denial set forth in Education Code Section 47605(b). Attachedunder Binder Tab 2, please find:

a. A copy of the agenda from the Nov. 14, 2017 meeting at which the decision was made

1It is KIPP’s practice to submit charter petitions with “placeholder” names, and to subsequently name the school with input from the community. If approved, we plan to seek a name change for KIPP Bayview Elementary School. 2 San Francisco is both a city and a county; SFUSD is a “single-district county.”

Appeal of San Francisco Unified School District Board Denial of KIPP Bayview Elementary School

Cover Letter Dated November 28, 2017

accs-feb18item08 Attachment 6 Page 1 of 11

b. A stamped resolution to deny the KIPP Elementary School petition 3. Documents prepared by the District for the decision hearing on Nov. 14, 2017. Attached under

Binder Tab 3, please find: a. A copy of the agenda from the Aug. 22, 2017 meeting at which the petition was formally

accepted b. The proposed District Board Resolution to grant or in the alternative deny the petition

for KIPP Elementary School c. A copy of the Sep. 18, 2017 Board Curriculum & Program Committee meeting agenda d. A copy of the Sep. 20, 2017 Board Budget & Business Services Committee meeting

agenda e. The District’s Charter Petition Review Matrix f. The District’s staff review of the petition g. The District’s Board of Education Report recommending denial of the petition h. The proposed Board Resolution to deny the petition

4. KIPP Bay Area Schools’ memos to the District. Attached under Binder Tab 4, please find: a. Memo responding to the District’s staff review b. Memo responding to the District Board’s requests for more information regarding KIPP’s

approach to school culture and student discipline c. KIPP Bay Area Schools’ letter to the District agreeing to a 30-day extension for a Board

decision on the KIPP Elementary School petition d. Memo responding to the District’s Board of Education Report

5. A signed certification stating that the Petitioners will comply with all applicable law. (Attached under Binder Tab 5.)

6. A description of any changes to the petition necessary to reflect the SBE as the chartering entity, as applicable. (Attached under Binder Tab 6.)

A KIPP Elementary School Means Starting the Journey to College Earlier KIPP believes that all children will learn and achieve at high levels if given the opportunity. The mission of KIPP Bay Area Schools is to operate high-achieving public schools in educationally underserved communities, developing in our students the knowledge, skills and character essential to thrive in college, shape their futures, and positively impact the world.

Since 2003, KIPP Bay Area Schools has operated two middle schools in San Francisco: KIPP Bayview Academy and KIPP San Francisco Bay Academy, both recognized as California Distinguished Schools. We also operate KIPP San Francisco College Prep high school, which just graduated its founding class of seniors in June 2017 and was approved unanimously for renewal on November 14, 2017 by the District. At these schools, over 90% of students are of color and over 80% qualify for federal free and reduced price meals. Despite coming from historically underserved communities, these students are thriving on




their journey to and through college. KIPP Elementary School is designed to serve such students at an earlier age and to create an aligned TK-12 path for families who choose KIPP as an option.

In direct response to parent demand, KIPP Bay Area Schools submitted a charter petition to open KIPP Elementary School in the Bayview-Hunters Point neighborhood of San Francisco. Over the years, we have served hundreds of families in this community through KIPP Bayview Academy and KIPP San Francisco College Prep, both located in the Bayview-Hunters Point neighborhood. A common theme we have heard from parents is the desire for safe, structured, and academically rigorous schools for their elementary-age children. Our conversations reveal that many parents in Bayview-Hunters Point and neighboring communities are unable to access a school that meets the needs of their children and are seeking additional options.

Of the SFUSD elementary options currently in Bayview-Hunters Point and neighboring areas, none had more than one third of their Black and Latino students meeting or exceeding standards in English Language Arts (“ELA”) and math. Meanwhile, KIPP has a track record of success serving Black and Latino students in San Francisco and more specifically, in the Bayview-Hunters Point community. Outlined below are the demographics and recent California Assessment of Student Performance and Progress results for elementary schools in or neighboring the Bayview-Hunters Point area of the District, compared to KIPP’s results.

Figure 1: Outcomes for Black and Latino Students at KIPP schools in San Francisco and other SFUSD elementary schools, 2015-16 school year3

% meeting / exceeding ELA standards

% meeting / exceeding Math standards

KIPP Schools in San Francisco Black Latino Black Latino

KIPP Bayview Academy (gr. 5-8) 57% 71% 28% 38%

KIPP San Francisco Bay Academy (gr. 5-8) 41% 52% 15% 28%

KIPP San Francisco College Prep (gr. 9-12) 85% 80% 47% 49%

% meeting / exceeding ELA standards

% meeting / exceeding Math standards

SFUSD Schools Black Latino Black Latino

San Francisco Unified School District 18% 28% 12% 21%

3 Source: California Department of Education DataQuest




Visitacion Valley 12% 24% 4% 21%

Taylor (Edward R.) 9% 26% 0% 24%

El Dorado 11% 28% 6% 10%

Hillcrest 12% 26% 8% 27%

Malcolm X 4% n/a

23% n/a

Carver (George Washington) 10% 19% 6% 13%

Harte (Bret) 6% 6% 0% 3%

Drew (Charles) 14% 6% 5% 12%

Many students enroll at KIPP schools performing below grade level in ELA and math. A KIPP Elementary School would enable an aligned KIPP transitional kindergarten through 12th grade experience for families of the Bayview-Hunters Point community, including younger siblings of students already attending KIPP schools in San Francisco. Furthermore, a KIPP elementary school in the Bayview-Hunters Point community would give students the opportunity to build foundational academic skills and begin their journeys to and through college earlier.

Timeline of Events On July 21, KIPP Bay Area Schools submitted the charter petition and signatures for KIPP Elementary School to the District via email and hand-delivery of hard copies. Due to board meeting cancellations over the summer, the District Board did not formally acknowledge the submission of this petition until August 22 (Tab 3A), at which point the District Board president referred it to two Board committees for further review. District staff reviewed the KIPP Elementary School charter petition and provided its findings in a memo on September 15 (Tab 3E and 3F). The District staff memo did not include a recommendation to approve or deny, but outlined perceived areas of insufficiency within the petition. KIPP Bay Area Schools reviewed these concerns and responded with additional information on September 18 (Tab 4A).

Throughout this process, KIPP Bay Area Schools staff met with Board commissioners and District leaders on several occasions to discuss the opportunity for a KIPP elementary school in San Francisco:

● August 29: Meeting with Board President Shamann Walton




●

●●

●

●

●●

●

●

●

●●

●

●

○

○

September 5: Meeting with Board Vice-President Hydra Mendoza-McDonnell by phone September 11: Meeting and school tour with Board commissioner Mark Sanchez September 14: Meeting with District Assistant Superintendent Enikia Ford-Morthel and

Tamitrice Rice-Mitchell, a Principal in the District September 18: Board Curriculum & Program Committee Meeting (see appendix 5B)

The committee passed a motion to advance the petition to the full Board with a recommendation to deny

September 19: Board Budget & Business Services Committee Meeting (see appendix 5C) The committee passed a motion to advance the petition to the full Board with no recommendation

September 20: Meeting with Board commissioner Emily Murase September 29: Meeting with Board commissioner Rachel Norton by phone October 6: Meeting with Board commissioner Stevon Cook by phone October 6: KIPP Bay Area Schools agreed to a 30-day extension to the statutory timeline to

explore with District staff an idea proposed by Board commissioner Norton, discuss collaboration opportunities and address concerns raised by SFUSD staff and Commissioners

October 9: Meeting with Board commissioner Matt Haney by phone October 12: Meeting with Superintendent Vincent Matthews October 12: Meeting with Board commissioner Rachel Norton by phone October 18: Meeting with District staff October 26: Meeting with District staff

Unfortunately, our efforts to engage with the Board and District staff did not result in a favorable outcome. The District released a board report formally recommending denial of the KIPP Elementary School petition (Tab 3G) that reiterated the same concerns noted in the previous staff review (Tab 3F) and discussed during the Board Curriculum & Program Committee and Board Budget & Business Services Committee meetings. We had sufficiently addressed each concern with additional information (Tab 4A and 4B) and offered to formally adopt changes through a memorandum of understanding. In a memo sent to Superintendent Matthews on November 14, 2017 (Tab 4D), we expressed our concerns around the District staff’s recommendation, which is supported in findings that go beyond the requirements set forth in law to deny a charter petition, as detailed in Appendix A . At the District Board meeting that evening, the Board voted in line with the District’s staff recommendation.

While we are disappointed by the Board’s decision, KIPP Bay Area Schools strongly believes that the petition for KIPP Bayview Elementary complies with the intent and spirit of California’s Charter Schools Act and meets or exceeds the legal requirements for approval. We believe opening a high-performing KIPP elementary charter school in the Bayview-Hunters Point community is in the best interest of students, the community, and the school district.




Conclusion KIPP Elementary School has submitted a request for facilities from the District through the Proposition 39 process. The Prop. 39 regulations require that a charter petition must be approved before March 15, in order to be assigned facilities through this process. We therefore request your consideration to agendize our appeal on March 14, 2018, the first day of the State Board of Education meeting. We understand that charter school matters are typically agendized for the second day of the meeting, and appreciate your flexibility due to the unique timing of this particular meeting as it impacts highly sensitive legal requirements.

At its November 14, 2017 meeting, the District Board voted to deny the KIPP Elementary School charter establishment petition. We are therefore submitting this appeal well within the 180 day limit for submission of an appeal of a charter petition, as stated in Title 5, California Code of Regulations Section 11967(a). According to Education Code Section 47605(b) and Title 5, California Code of Regulations Section 11967(e), no later than 120 days after receiving a complete petition package, the State Board of Education shall grant or deny the charter petition. We anticipate that the SBE will adhere to this timeline during its consideration of the charter petition.

By signing below, we confirm that we wish to submit this petition for appeal to the California Department of Education and certify that KIPP Bay Area Schools, as petitioners, will comply with all laws applicable to charter schools in California.

eader for KIPP Bayview Elementary School [email protected] (510) 406-6864

Beth Sutkus Thompson, Chief Executive Officer, KIPP Bay Area Schools [email protected] (415) 874-7489

Ana Maria Aristizabal, Associate Director of Growth and Advocacy, KIPP Bay Area Schools






[email protected] (510) 506-1726

Appendix A - KIPP Bay Area Schools’ analysis of the findings from SFUSD Staff Report

Please find below the summary of the findings from the District Staff Report (in italicized text), in the order in which they were presented, immediately followed by the Charter School’s response (in plain text). As demonstrated here, the KIPP Bayview Elementary School charter petition meets or exceeds the legal requirements for approval, and the District’s Staff Report presents findings which are impermissible bases for denial of the charter petition.

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

District Finding: Teacher Qualifications - The petition does not provide evidence of how professional development will be provided to build teacher capacity in culturally and linguistically relevant and responsive pedagogy.

KIPP Bayview Elementary School Response: By law, charter petitions are required to provide a reasonably comprehensive description of the qualifications to be met by the individuals to be employed by the charter school. The KIPP Bayview Elementary School charter meets this standard, and the Staff Report expressed no concerns with the employee qualifications proposed in the charter petition. Accordingly, this finding is an impermissible basis for denial of the charter petition.

The Charter Schools Act does not contain any mention of professional development for teachers, and what the focus of such professional development should be. District staff, therefore, have invented this new expectation for the Charter School, and are penalizing KIPP Bayview Elementary School for not meeting a standard that the Charter School did not know it needed to meet. A description of professional development is not addressed in District Board Policy, either.

Nevertheless, KIPP Bayview Elementary School provided a reasonably comprehensive description of its professional development program on September 18, 2017, in a letter to Michael Davis, SFUSD Director, Policy & Planning and Charter Schools. The description is as follows:

At KIPP, we believe it is essential that the curricula our students experience reflect sound culturally relevant pedagogy. To that end, we have been working to equip our teachers and leaders with the best practices for planning/internalization with an equity lens to ensure curricula supports students intellectually, socially, and emotionally. We are happy to share our progress on building this capacity and to share sample professional development agendas upon request. While the information already included in our petition meets the legal requirements, we understand the District’s interest in ensuring that all teachers will be properly trained to serve the students who enroll.





Before the start of each school year, we provide professional development to both new and returning KIPP teachers across our schools in the Bay Area. The English Language Arts (“ELA”) curriculum we use for grades TK-8 is KIPP Wheatley, and part of the training we provide includes strategies for culturally responsive teaching, e.g. inviting counter-narratives, call & response, provocations to challenge the dominant viewpoint, and using non-linguistic representations. Teachers are given collaborative work time to begin incorporating these strategies in their lesson plans.

We also participate in the national KIPP network’s Culturally Relevant Pedagogy Working Group, and this task force is led by Lisa Shugart, Associate Director of K-8 Academics at KIPP Bay Area Schools. This working group meets several times a year to develop recommendations for adjusting existing lesson plans with an equity lens and to strengthen the KIPP Wheatley ELA curricula used by our schools. Recommendations and resources from this working group are shared throughout the school year via various channels, such as communities of practice, leadership coaching, KIPP Share (online knowledge platform), and teacher listservs.

District Finding: Student Safety Procedures – As detailed further in the matrix, Student Safety procedures do not clearly differentiate between “lockout” and “lockdown” procedures.

KIPP Bayview Elementary School Response: By law, charter petitions are required to provide a reasonably comprehensive description of the procedures the charter school will follow to ensure the health and safety of students and staff. The KIPP Bayview Elementary School charter meets this standard, and the Staff Report expressed no concerns with the procedures proposed in the charter petition. Accordingly, this finding is an impermissible basis for denial of the charter petition.

SFUSD staff have again defined a new standard for KIPP Bayview Elementary School in its charter petition, which is not supported by law or District Board Policy. The Charter School’s handbook outlines procedures for shelter-in-place as a response similar to a lockdown that protects against external threats while allowing most of the school to remain in operation. No further description is required by law, and none of the three KIPP Bay Area Schools authorized by SFUSD have been required to meet this standard.

On September 18, KIPP communicated to SFUSD its openness to discuss policy guidance from the San Francisco Police Department with SFUSD staff, and revise its procedures accordingly via the MOU.

District Finding: Pupil Suspension and Expulsion – The Petition does not sufficiently balance students' rights to due process with responsibility to maintain a safe learning environment; or sufficiently explain how SFUSD will be involved in disciplinary matters. ...The Petitioner did not provide information regarding student retention in grade (holding back). The Petitioner has not provided a responsive amendment to the Petition.

KIPP Bayview Elementary School Response: This finding lacks sufficient factual detail to serve as a lawful finding for denial. The Staff Report provides no insight into what the District’s concerns are with regard to due process and a safe learning environment. Further, the legal requirement is for the Charter School




to provide a reasonably comprehensive description of the procedures it will follow for suspension and expulsion. Because the District is not involved in KIPP Bayview Elementary School discipline procedures, no description is needed.

In its September 18th letter to Mr. Davis, KIPP Bayview Elementary School explained:

At KIPP Bayview Elementary School, a safe learning environment is created and sustained by a healthy school culture. KIPP Bayview Elementary School will build its culture by establishing community values, engaging in social and emotional learning, and implementing restorative practices. We believe this is especially important for young children at the elementary grade levels. More information on how we intend to build and sustain a healthy school culture can be found on pages 29-32 in Element A of the petition, as the District’s review matrix indicated.

As stated in Element J of the petition, KIPP Bayview Elementary School staff will seek to utilize restorative practices in response to any violations of school values. Furthermore, KIPP is focused on reducing suspensions and protecting student learning. Even if suspension is deemed the most appropriate disciplinary action, we aim to keep students in school with a teacher to ensure instructional minutes are not lost. We will also work to restore students to the school community even after strong disciplinary actions such as suspensions.

Our Pupil Suspension and Expulsion Policy in Appendix 28 is a direct response to the requirements of the governing law for Element J, which mandates a reasonably comprehensive description of suspension and expulsion procedures (Education Code Section 47605(b)(5)(J)). The procedures outlined in our policy are aligned with our belief in using restorative discussions to engage students in resolving conflict and repairing harm. The process for initiating suspensions includes a conference with the student and his/her parent(s)/guardian(s). These conferences will precede any suspensions, except in emergency situations involving a clear and present danger to the lives, safety or health of others. In such emergencies, a conference will follow to understand the students’ perspective on the incident and to share the reasoning for the suspension.

A conference will also be held before extending a suspension in the case of a pending expulsion hearing. In the rare case of an expulsion, families have 30 days to appeal the decision to KIPP Bay Area Schools’ Grievance Committee. As stated in our policy, students with IEPs are accorded the same due process procedures applicable to general education students except when federal and state law mandates additional or different procedures.

We also strive to maintain clear communications with SFUSD in order to ensure any student expelled from KIPP is enrolled in another school. Upon expulsion of any student, KIPP Bay Area Schools will notify SFUSD of the pupil’s last known address within 30 days, and will, 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.

After the Budget and Business Services Committee held on September 20, 2017, KIPP sent SFUSD a memo addressing the questions raised by the Committee members around school culture and student discipline. On such memo, KIPP explained its school culture framework and discipline, its commitment




o

o o

o

o o

●

●

and work to reduce suspension rates, especially among students of color, and the results achieved so far. KIPP did not provide data around grade retention (holding back), as collecting such data is not a legal requirement and KIPP does not systematically collect it. Nonetheless, it is important to mention that our retention policy includes a series of conversations and consultation with the student’s family to ensure that the decision is in the best interest of the student and all. As of today, none of the decisions regarding retention in our elementary schools has resulted in families leaving the school. More specifically, at KIPP Excelencia, 3 students have been retained over the course of two years (1 in 2015-2016 and 2 in 2016-2017), while at KIPP Bridge, only 1 student was retained based on parents’ request.

The petition does not contain reasonably comprehensive descriptions of all the charter provisions outlined in the Education Code.

District Finding: Exit Outcomes – The petition does not sufficiently provide a concise list of exit outcomes encompassing specific skills.

KIPP Bayview Elementary School Response: “Exit outcomes” is not a concept that appears in the Charter Schools Act. KIPP Bayview Elementary School is required to provide a reasonably comprehensive description of student outcomes that demonstrate that students have attained the skills, knowledge, and aptitudes specified as goals in the school’s educational program. Student outcomes now also have to align with the Eight State Priorities. Because the KIPP Bayview Elementary School met these requirements, the findings are an impermissible basis for denial of the charter petition.

KIPP Bayview Elementary School stated the following in its September 18th letter to Mr. Davis:

KIPP Bayview Elementary School is designed to prepare all students for rigorous middle school programming that will continue them on the path to college. We believe 4th graders completing KIPP Bayview Elementary School would be most ready for middle school with the following skill sets, which have been compiled into a concise list from the outcomes addressed in Elements A and B of the petition:

A strong foundation of basic academic skills and a broad knowledge base in the core disciplines of humanities, mathematics, and science

Skills will be evaluated against the Common Core State Standards and Next Generation Science Standards using a variety of assessments (outlined in Element C of the petition) to understand students’ growth and progress

A toolkit of learning strategies and practices Ability to ask good questions Ability to clearly articulate points, pose arguments, and provide logical and strong reasoning for their opinions Ability to listen to different arguments and perspectives as a way to guide and form their own opinions and thinking Proficiency in the writing process, grammar skills, public speaking, and note taking Ability to identify social and cultural influences and differences in writing



accs-feb18item08 Attachment 6

Page 10 of 11

o

●

●

o o o o o

o

o o o o

o o

Comfort utilizing a wide range of technologies A strong foundation of social emotional skills and character traits

Ability to apply the principles of Restorative Justice to address conflict and differences effectively and constructively Awareness of self and impact on others Effective and confident communication Critical thinking and problem solving Life-long love of learning Awareness and development of character strengths needed for life-long success, such as resilience, integrity, curiosity, and persistence

An understanding of how to work together with teammates and the broader community o Comfort sharing ideas or asking questions in groups and in front of their class

Ability to work cooperatively in class with their teammatesAbility to work effectively in teams to accomplish meaningful, collective goalsAbility to influence and lead others in positive ways to build communityAbility to interact effectively with teachers, school leaders, community leaders,and other figures of authorityRespect for diverse culturesStrong desire to serve the community in which they live

While the charter provides a reasonably comprehensive description of student outcomes, we are willing to amend the charter petition as necessary to include this synthesis of outcomes. In addition, the current charter includes our proposed LCFF/LCAP goals in Element B, which can also serve as exit outcomes.



accs-feb18item08 Attachment 6

Page 11 of 11

This document was provided, as is, to the California ... · This document is posted to the CDE Web...

Documents

Transcript of This document was provided, as is, to the California ... · This document is posted to the CDE Web...