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Charter By-laws

Charter

Of the

Mountain Oaks School

A California Public Charter School

I. Description of Mountain Oaks School

 Mission:

It is the mission of Mountain Oaks School to support home schooling families so that students develop the academic, personal, social skills and qualities of lifelong learners.  Mountain Oaks School provides the opportunity for each student to be treated as a unique person with individual needs, goals and interests.

 The Mountain Oaks School philosophy is based on the belief that children grow and learn in different ways. The program is designed to meet unique personal and educational needs of students in grades kindergarten through twelve. A key element of the program is the availability of network and support groups. This program is especially designed by and for home school families working closely with qualified educational consultants who are knowledgeable and supportive of the home school model. 

 Description: 

As of Fall 2004 or as early as Fall 2003, if deemed feasible and appropriate by the Calaveras County Office of Education as the Local Education Agency (LEA) and the Mountain Oaks School Governing Board, Mountain Oaks School will open to students, grades K – 12 in Calaveras and adjacent [i] counties. The school is nonsectarian and nondiscriminatory by gender, ethnicity, religion, national origin, ability, or disability. Students who attend the charter school receive a broad education based on personalized learning programs, subject-based workshops and classes, supplemental learning projects, and distance learning via current technology.  Other student-centered services are also available.

 The mission statement of Mountain Oaks School is based on student needs, current educational research, and the beliefs of the participating stakeholders. Supported by the Calaveras County Office of Education, the Calaveras County Board of Education, as well as the Mountain Oaks School Governing Board, the school’s purpose is defined further by expected school wide learning results, which are specified in Section III of this document.

 Mountain Oaks School serves students and families who voluntarily choose to home school and who request admission to Mountain Oaks School for support multiple aspects of their home school experience.  The educational philosophy and program of Mountain Oaks School supports the development of the whole student in an enriched environment addressing each individual’s learning needs and interests. 

 Families who enroll their children in the charter school accept the responsibility for their children's education. The parents/relatives/ or guardians of the students, become the primary facilitators in the children's learning programs. The charter school empowers its students and home teachers by providing them with educational resources, a designated certified mentor teacher, and access to a supportive learning environment.

  Mountain Oaks School students and parents/guardians/caregivers work with their certified mentor teacher to determine educational goals and objectives, create an individualized curriculum, and determine individual methods of teaching and learning. The parent/guardian and the mentor teacher work together as a team to optimize the learning experience for each individual student. The involvement of the certified mentor teacher may vary from an advisory and assessment capacity to one of almost complete administration of the student learning process depending on the needs, wishes, or discretion of the family.  A contract is signed by 1) the parent/guardian/caregiver responsible for their child’s learning, 2) the certified mentor teacher, and 3) the student.  The contract specifies and documents the commitment of each of these partners to a successful learning experience for the student.

 The contract will specify which courses are transferable to other public high schools or eligible to meet college entrance requirements of the University of California or the California State University, consistent with approval by the Western Association of Schools and Colleges.

 II. Goals of the Mountain Oaks School Program:

 Mountain Oaks School fills a need in the community to support home schooling families. The school is directed by an administration who is willing to listen to and commit public resources to support the needs of homeschoolers. 

Philosophically, Mountain Oaks School embraces the belief that families want what is best for their children, and views their input and participation in school affairs from that perspective.  Parents see their children as “whole persons” on a continuum rather than from the static “grade level” point of view of conventional schools and educators.  California Academic Content Standards as approved by the State Board of Education are integrated into the overall scope of a child’s mental, physical and emotional needs.  This is accomplished by family involvement in the “greater Mountain Oaks School community” setting, and through the use of resources such as workshops, classes, media, etc.  This whole-child approach allows for individual differences in interests, and developmental readiness for educational experiences.  

Mountain Oaks School takes advantage of the many materials and opportunities geared to home learning, some of which are noted here.  Textbooks aligned to the state approved academic content standards support student mastery of key standards.  Museums and camps specializing in “hands on” and experiential learning are incorporated into the learning program.  Students are guided to use computers in their homes, if available, and/or in public libraries as an integral part of their learning programs. Mountain Oaks School maintains an interactive website which enables families in rural settings to stay in close contact with the Mountain Oaks School learning community.  Coursework taken at a Community College is available to home schooling students.  Service learning and job opportunities are combined with the state-approved Mountain Oaks School Work Experience Program. Many students are active in scouts, 4-H, sports, and other youth groups.

 Broad, overall program goals:

 MOUNTAIN OAKS SCHOOL GOALS:

 ·        To allow for schooling to take place in the home, supporting parental efforts to integrate the learning environment into the home setting.

·        To develop the highest degree of self-motivation, self-confidence, self-reliance, responsibility and potential within each student.  

·        To provide opportunities for students to develop independent thinking, problem solving and cooperative learning skills. 

·        To develop competence in practical skills such as organization, time management, self-monitoring, self-evaluation, and other life skills.

·        To challenge each student to excel in areas of special interest.

·        To develop and foster global awareness, empathy and understanding and a genuine sense of social responsibility.  

·        To assist parents in developing teaching and communication skills that facilitate learning.    

·        To encourage student and parent resourcefulness.  

·        To empower home teachers to continue as lifelong learners and students.  

·        To motivate and enable students to become lifelong learners and teachers.  

·        To enhance and integrate the development of each student emotionally, socially, physically, creatively, and cognitively.

 III.             Measurable pupil outcomes

Educational objectives:

 EXPECTED SCHOOL-WIDE LEARNING RESULTS

 ESLR#1: A Mountain Oaks School student develops and expands expressive and receptive
communication skills in order to assure success in educational, social
and occupational settings
. 

 Indicators of ESLR #1:

 Student demonstrates the mastery of key state academic standards by his/her competency in those skills necessary to:

  • Use mathematics effectively in a wide variety of applications.
  • Develop science projects that involve statistics, probability and measurement and use scientific skills and processes;
  • Demonstrate inquiry, problem solving, and investigation through scientific     research, projects and presentations;
  • Read, comprehend and/or respond to information such as scientific data and research;
  • Listen and comprehend information, actively listening, taking notes, and reporting accurately what was presented;
  • Speak with confidence within a group and to an audience;
  • Write reports, letters, essays and creative writing assignments;
  • Demonstrate basic computer skills and the ability to apply them to appropriate tasks;

·     Evaluation may include, but is not limited to: senior projects, informal and/or formal evaluation checklists, conferences with parent/student, self-evaluation, reports, interviews, website construction, video production and/or speeches.

      Student acquires and demonstrates research skills allowing her/him to make informed choices.

·        Evaluation may include, but is not limited to: Research paper or projects, informal and/or formal evaluation checklists, conferences with parent/student, self-evaluation, reports, interviews, website construction, video production and/or speeches.

       Student demonstrates effective communication skills by working collaboratively on projects as well as by successfully completing community service learning experience.

·        Evaluation may include, but is not limited to dramatic presentations, public speaking or other presentation opportunities; oral and/or written evaluation of presentation performance; completion of approved youth group projects, badges or honors (e.g., 4-H, Scouts, Grange, fraternal order youth groups, etc.) according to precise specifications.

 ESLR#2:  A Mountain Oaks School Student develops and communicates a well-reasoned personal mission and goals that exhibit a local and global awareness, empathy and understanding of diversity, and a genuine sense of social responsibility. 

 Indicators of ESLR #2:

 Student recognizes his/her own special interests, talents, and abilities.

·        Evaluation may include, but is not limited to participation in various workshops such as the San Francisco Maritime Academy’s Tall Ships experience, science camps, leadership trainings, fine arts, and/or hobbies, organized sports, youth and community groups, as well as work experience and/or apprenticeships.

 Student develops decision-making skills.

·        Evaluation may include, but is not limited to development of personal goals including the identification of and solution to problems. 

Student demonstrates knowledge of diverse cultures & respects individual differences.

·        Evaluation may include, but is not limited to attendance at multicultural events such as Earth Day or Great Days at Mountain Oaks; checkout and study of multicultural books and/or videos; personal travel; student/parent/teacher discussion; and/or survey of the students.

 Student demonstrates a mastery of core knowledge and skills in English/language arts, mathematics, history/social sciences, science, health, and the arts.

·        Evaluation may include, but is not limited to mentoring and tutoring other students; portfolios; work samples with formal/informal assessment by teachers; participation on standardized and/or criterion referenced tests.

 Student demonstrates awareness of his/her rights and the rights of others. 

·        Evaluation may include, but is not limited to:  Demonstrating knowledge of the U.S. Constitution and amendments, as well as knowledge of state and local government; participation in Peer Court and/or teen clubs/groups that develop rules and protocol.

 Student assumes responsibility as a member of a family, the community, and the world.

·        Evaluation may include, but is not limited to contributing time, energy and talent to improve the welfare of self and others, such as recycling at home and/or at Mountain Oaks School; participation in the community garden or in other various community service projects; discussion with parent, student, teacher; survey of students.

 Methods of Evaluation:

 While all students achieve the required standards by graduation, not all progress at the same rate. Evaluation of that progress is based on individual abilities, interests, and talents. Diagnostic assessment and prescriptive methodologies are incorporated to maximize the potential of all students.  Methods by which student progress is assessed includes a variety of the following, but is not limited to:

·        Periodic review of work:  monthly or more often as needed.

·        Portfolios with work samples that demonstrate growth.

·        School-wide rubrics with benchmark standards

·        Home teacher and mentor teacher observation

·        The current state mandated assessment tool (STAR)

·        High School Exit Examination mandated by the State Board of Education

·        Determination of the degree to which seniors meet high school graduation requirements or alternatives and meet college entrance requirements

·        Proficiency tests as part of eighth grade graduation requirements

·        Norm and criterion referenced tests

·        Student demonstrations/projects measured with rubrics

·        Student grades

·        Student work samples and performance products

·        Alternate Accountability Model

Annual Growth Targets – Annual growth targets will be developed for each student.  The targets will be measured by school-wide rubrics with benchmark standards applied to work samples and performance products and/or by norm or criterion referenced tests.  It is expected that at least 70% of students will make an average of one year’s growth for each year in the program over a period of three years. Remedial or alternative interventions are in place for those who need additional assistance in achieving a year’s growth.

 IV. The governance structure of Mountain Oaks School  

 The Mountain Oaks School will constitute itself as a California Public Benefit Corporation pursuant to California law.  The school will be governed pursuant to the bylaws developed by the PAC and adopted by the incorporators, as subsequently amended pursuant to the amendment process specified in the bylaws. The Governing Board's major roles and responsibilities will include establishing, reviewing and approving all major educational and operational policies and contracts, establishing and maintaining fiscally sound budget practices, informing the larger community with regard to the operation of the school, evaluating the effectiveness of the school programs, maintaining standing board committees and selecting and evaluating top administrative staff. All financial oversight as well as personnel oversight will be the responsibility of the CCOE board and Superintendent, with bylaws specifying adjustments to this policy upon the exit of co-administrators currently employed Mountain Oaks School or the currently elected Calaveras County Superintendent of Schools. The Governing Board will be comprised of seven voting members. The bylaws will call for at least four parents/guardians of enrolled students sit on the governing board, with representation from County satellites and K-8 and 9-12 parents. The Governing Board may include voting board members with legal, financial, homeschooling and other community involvement expertise. The school's bylaws will also permit two non-voting positions, which will consist of one representative of CCOE who facilitates communications and mutual understanding between the charter school and county board of education, and a one high school student who may be appointed by the Board to serve.  The student member will not attend closed sessions regarding personnel or individual student progress or discipline.

Staff members are not eligible to serve on the Governing Board. Family members of staff would be eligible to serve on the Governing Board according to the provisions in the bylaws.

The terms of the Governing Board, and method of election will appear in the bylaws. Ten regular meetings are held each year, with occasional special meetings as needed. Further responsibilities and processes to be followed will appear in the bylaws to be developed by the PAC and adopted by the Governing Board when elected. The Brown Act will be strictly observed.

Governing Board decisions will take into consideration reports and recommendations that may be brought forward from the following standing committees, and any other committee deemed appropriate and necessary, formed at a later date:  Admissions, Finance, Development, Personnel, Site, Workshop, Curriculum, Athletic, Technology.  Meetings of these committees will be held no less than monthly, while school is in session.  Staff, community members, parents, students, and board members may serve on the standing committees and ad hoc committees.

The Governing Board will maintain a strong commitment to obtaining broad-based parental and student input, honoring parental, student, staff and community communication.  The Governing Board meetings will be open in accordance with the Brown Act. Motions are made after discussion of issues, and a simple majority of the elected board carries the motions.

The Charter School will contracts with the Calaveras County Board of Education for such educational, business, and personnel services as are identified in a separate memorandum of understanding.  The term of the memorandum of understanding will be five years.

    V. Qualifications to be met by individuals to be employed by Mountain Oaks School

   Mountain Oaks School retains or employs teaching staff that hold appropriate California teaching certificates, permits, or other documents issued by the Commission on Teacher Credentialing. These documents are maintained on file at the Calaveras County Office of Education. These mentor teachers are responsible for overseeing the students’ academic progress and for monitoring grading and matriculation decisions. Appropriately credentialed teachers oversee all core subjects.  The Mountain Oaks School may also employ or retain non-certificated instructional support staff as workshop instructors. A prospective staff member would have subject matter expertise, professional experience, and the demonstrated capacity to work successfully in an instructional support capacity. Instructional support staff does not assign grades or approve student work assignments. All non-instructional staff possesses experience and expertise appropriate for their position within the school as outlined in the school’s personnel policies.

    VI. Procedures that the school will follow to ensure the health and safety of students and staff

             The Mountain Oaks School complies with all applicable laws concerning immunization, health and safety, child abuse reporting and related issues for both employees and students. All employees comply with and otherwise furnish criminal record summaries in accordance with Education Code section 44237 (Michele Montoya Act). There is an established policy that the school functions as a drug, alcohol, and tobacco free workplace and learning environment. Policies and procedures are established for response to natural disasters and emergencies, including fires and earthquakes. These policies are incorporated as appropriate into the school’s student and staff handbooks and are reviewed on an ongoing basis in the school’s development efforts.

                VII. Means by which Mountain Oaks School will achieve a racial and ethnic balance among its students that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted

            Mountain Oaks School enjoys a reputation as being a safe environment for students of diverse backgrounds.  Respect for and appreciation of differences is consistent with our school wide goals and will be maintained.  School brochures will reflect the school’s emphasis on respect and inclusion.

    VIII. Admission Requirements

 Students are considered for admission without regard to ethnicity, national origin, gender, disability or achievement level. Prior to admission, parent/student contracts are signed by parents/guardians and students indicating they understand and are committed to the charter school outcomes, philosophy, program, design, and requirements. Students’ continued enrollment would be dependent upon fulfilling the terms of that contract. Students who fail to demonstrate progress toward the student standards, who miss three consecutive assignments, or who fail to maintain contact with their mentor teacher will have their participation in the program reassessed and may be dismissed from the program. Admission preference is given to siblings of current students, to students who have left the program and are returning within one year, and to children of staff members. After consideration of admission preferences, as provided herein, and in the event that the number of students who wish to attend the school exceeds the school's capacity, a waiting list is maintained on a chronological basis subject to mentor teacher availability. The Charter School will make available to parents the projected enrollment limits for a particular school year. The Mountain Oaks School provides its primary educational services in Calaveras County, and a majority of the pupils it serves are residents of Calaveras County, the county in which the school is authorized as required by SB 1994. Appropriate levels of growth of enrollment are revised and voted upon yearly by the Governing Board. The charter school complies with all laws establishing the minimum and maximum age for public school attendance. 

     IX. Audit of financial and programmatic operations

 The Mountain Oaks School will obtain an annual financial audit of the charter school to be conducted by the independent auditor who audits the Calaveras County Office of Education.  Audit reports are completed and available for review by the school members and the public and submitted to the Calaveras County Board of Education by October 31 of each year. All audit exceptions and deficiencies would be resolved as determined by state law.  The Charter School shall strive to have a reserve account of not less than 3% of funds generated by ADA, as approved by the Calaveras County Board of Education.

 As outlined in Education Code section 47604.3, the charter school will promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its financial records, from the Calaveras County Board of Education or from the Superintendent of Public Instruction and shall consult with the Calaveras County Board of Education or the Superintendent of Public Instruction regarding any inquiries.  Charter School budgets will be presented to the Calaveras County Board of Education for review on the same annual schedule as the budget review/adoption process for the Calaveras County Office of Education.

 The Charter School shall conduct a programmatic audit annually and present a report to the Calaveras County Board of Education.  The report shall contain all pertinent data to indicate the degree to which Charter School goals are being met.  The report for the previous school year will be presented to the Calaveras County Board of Education by December 1 of each current school year.

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

 The Mountain Oaks School will develop and maintain a comprehensive set of student discipline policies.  These policies will be printed and distributed as part of the school’s student handbook and will clearly describe the school’s expectations regarding attendance, mutual respect, substance abuse, violence, safety, and work habits.  Each student and his parent or guardian will be required to verify that they have reviewed and understand the policies prior to enrollment.  Any student who engages in repeated violations of the school’s behavioral or academic expectations will be required to attend a meeting with the school’s staff and the student’s parent or guardian.  The school will prepare a specific, written remediation agreement outlining future student conduct expectations, timelines, and consequences for failure to meet the expectations which may include, but are not limited to, suspension or expulsion.  A school administrator, pursuant to the school’s adopted policies, disciplines and ultimately suspends or recommends for Governing Board action to expel students who fail to comply with the terms of a remediation agreement.  An administrator may immediately suspend students who present an immediate threat to health and safety, and the Governing Board may expel such students upon a recommendation from the administration.  The school’s policies will provide all students with an opportunity for due process, including appeal rights to the Governing Board, and conforming with applicable federal law regarding students with exceptional needs. The Governing Board will observe confidentiality regarding all individual student discipline matters.   The school will include suspension and expulsion data in its annual programmatic review report.

             XI. The manner by which staff members of Mountain Oaks School will be covered by STRS, PERS, or Federal Social Security

Employees of this charter school participate in STRS, PERS, or Social Security depending upon each individual's eligibility. 

                XII. The public school attendance alternatives for students residing within the school district who choose not to attend Mountain Oaks School   

Attendance at this charter school is voluntary on the part of the students who enroll. Attendance in district of residence public schools continue to be an option for all students who do not choose to attend this charter school.  

                XIII. Rights of any employee of Calaveras County Office of Education upon leaving the county to work in Mountain Oaks School    

Any employee who leaves Calaveras County Office of Education to work in Mountain Oaks School does not have any rights to return to employment at the County Office of Education.  

    XIV. A description of the procedures to be used if the charter school closes   

If the Charter School should close, a final audit would be conducted by the auditing agency selected by the Calaveras County Superintendent of Schools.  Under the direction of the Calaveras County Superintendent of Schools the Business Services Department of CCOE would supervise disposition of all liabilities.  Net assets purchased with state or federal funds would be transferred to the Calaveras County Office of Education.  The CCOE would assume responsibility for the maintenance and transfer of pupil records. 

    XV. Conflict Resolution 

Disputes arising from within the Mountain Oaks School, including all disputes among and between students, staff, parents, volunteers, advisors, partner organizations, and Governing Board members of the school, shall be resolved pursuant to policies and processes developed by the school.

The Calaveras County Board of Education agrees not to intervene or become involved in a dispute unless the dispute has given the Board of Education reasonable cause to believe that a violation of this charter or related laws or agreements has occurred, or unless a majority of the Mountain Oaks School Governing Board has requested the Calaveras County Board of Education to intervene in a dispute.  

In the event that the school or granting agency have disputes regarding the terms of this charter or any other issue regarding the school and grantor’s relationship, both parties agree to follow the process outlined below. 

In the event of a dispute between the school and the grantor, the administrative staff and Mountain Oaks School Governing Board and the Calaveras County Board of Education first agree to frame the issue in written format and refer the issue to the Charter School administration and the Superintendent of Schools for Calaveras County.  In the event that the grantor believes that the dispute relates to an issue that could lead to revocation of the charter, this shall be specifically noted in the written dispute statement. 

The Charter School administration and the Superintendent shall informally meet and confer in a timely fashion to attempt to resolve the dispute.  In the event that this informal meeting fails to resolve the dispute, both parties shall identify two governing board members from their respective boards who shall jointly meet with the Superintendent and the Charter School administration and attempt to resolve the dispute.  If this joint meeting fails to resolve the dispute, the Superintendent and Charter School administration shall meet to jointly identify a neutral, third party arbitrator.  The format of the arbitration session shall also be developed jointly and shall incorporate informal rules of evidence and procedure unless both parties agree otherwise.  The findings or recommendations of the arbitrator shall be non-binding, unless the governing boards of the school and grantor jointly agree to bind themselves. 

    XVI.        A description of the procedures to be used if the school closes. 

If Mountain Oaks School should close, a final audit would be conducted by the auditing agency selected by the Calaveras County Superintendent of Schools.  Under the direction of the Calaveras county Superintendent of Schools, the Business Services Department of CCOE would supervise disposition of all liabilities.  Net assets purchased with public funds would be transferred to the Calaveras County Office of Education.  The CCOE would assume responsibility for the maintenance and transfer of pupil records. 

    XVII. A declaration whether or not Mountain Oaks School will be the exclusive public school employer of Mountain Oaks School employees.  

Calaveras County Office of Education is the exclusive public school employer of the charter school employees for the purposes of the Education Employment Relations Act for the first year of the charter. The Mountain Oaks School Governing Board reserves the right to review this policy annually to determine who will be the exclusive public school employer. 

     XVIII. Additions, deletions, and modifications of the charter  

The Mountain Oaks School Governing Board may make amendments to this charter, and all changes must be approved by the Calaveras County Board of Education. 

     XIX. Other charter elements 

Mountain Oaks School will contract with SELPA and other educational agencies for identification of special education needs and for provision of needed services. 

The School will obtain liability insurance that meets the approval of the Calaveras County Office of Education, including directors and officers liability insurance, and errors and omissions liability insurance for board members and administrative staff.  

Mountain Oaks School will be nonsectarian in its programs, admission policies, employment practices, and all other operations as provided for in the California State Constitution, Article IX Section 8 that states:

"No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the offices of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State." This charter school cannot discriminate against any student on the basis of ethnicity, religion, national origin, gender or disability. This charter does not charge tuition. 

     XX. Term of the Charter 

The term of this charter shall begin on July 1, 2004, or as early as July 1, 2003, if everything is deemed feasible and appropriate by the by the Calaveras County Office of Education as Local Education Agency (LEA) and the Mountain Oaks School Governing Board, and expires five years thereafter.  Each year upon approval by the Calaveras County Board of Education of the annual programmatic and financial report indicating adequate growth towards goals and sound financial health, the charter will be extended for an additional year, resulting in a new five-year term. 

 

[1][1] AB 1994, Paragraph 47605.1 (3) (c):

 “Notwithstanding any other provision, a charter school may establish a resource center, meeting space or other satellite facility located in a county adjacent to that in which the charter school is authorized if the following conditions are met:

(1) The facility is used exclusively for the educational support of pupils who are enrolled in non-classroom based independent study of the charter school

(2) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the school is authorized.”