EdCal EdCal v49.16 2/4/19 | Page 2

2 EDCAL February 4, 2019 AG opinion indicates charters could face more transparency requirements adherence The following article was written by Lozano Smith Partner Edward Sklar and Associate Gayle Ketchie. The California Attorney General recent- ly issued a long-awaited opinion addressing the applicability of certain “sunshine” laws to charter schools. Specifically, the Attorney General concluded that California charter schools and their governing bodies are subject to the Ralph M. Brown Act (Brown Act), the California Public Records Act (Public Records Act), Government Code section 1090 and the Political Reform Act of 1974. The opinion further states that the books and records of schools chartered by either a school district or a county board of education are subject to review and inspec- tion by a grand jury. Background By design, California charter schools are explicitly exempt from many laws that apply to school districts. However, the laws addressed by the attorney general opinion are some of the broadest public integrity laws in the state, and have never explicitly exempted charter schools. It should be CULTURE Continued from page 1 Freedom tour during the summer months. This tour takes educators to the Midwest so they can learn firsthand how enslaved Americans gained freedom along the Underground Railroad. It is an impactful and emotional journey that provides our staff with a new understanding of the sac- rifices made by African Americans on their struggle for freedom. Our Equity Learning Walks are anoth- er powerful district-wide practice that we have added to ensure a culturally respectful atmosphere. Equity Learning Walks occur 10 times a year within our district. The purpose of equity walks is to sharpen and focus the instructional leadership lens and allow the gathering of observational data to confirm or challenge assumptions regarding school improvement, culturally proficient practices and equity throughout the school. Equity walks support ongoing monitoring of implementation of equity action plans. The observational data remains tacit unless there is specific collegial feedback to staff to engage them in reflecting on instruction, assessment and student-staff relationships. noted that the request for this opinion was made seven years ago. It is our understand- ing that the attorney general was waiting for the Legislature to answer these questions. Under Governors Schwarzenegger and Brown, the Legislature adopted bills stating that charter schools did need to comply with the Brown Act, Public Records Act, and conflicts of interest laws, only to have such bills vetoed by both governors. Code contains a section establishing char- ter schools as school districts. Interpreting this principle liberally, the attorney general determined that both acts apply to charter schools in the same way that they apply to school districts or other local public agen- cies. The attorney general’s reasoning was that both charter schools and school dis- tricts rely on public money. Therefore, both have an obligation to be transparent. The Brown Act and Public Records Act Government Code section 1090 The Brown Act guarantees the public’s right to attend and participate in meet- ings of local legislative bodies. The Public Records Act establishes that the records of public agencies generally must be disclosed to the public when requested. The majority of charter school petitions in California state that the school will comply with the Public Records Act and Brown Act. However, prior to this opinion, there was frequent debate as to whether charter schools were, in fact, required by law to comply with these acts. In answering the question, the attor- ney general observed that the Education Site principals prepare for the equity walk by providing site maps, bell schedules and a meeting space for the participants. Teachers are told the purpose of the walk so they can be prepared to show their best strategies. The Equity Learning Walk focuses on data analysis, public areas class- room learning environment, instructional core and differentiated instruction. After the walk is concluded, the participants have a debrief session. Participants share findings and ask clarifying questions of the site prin- cipal. The principal receives feedback from the group about emerging themes, equity successes and areas for improvement. The participants make connections that will be included in the continual improvement of the Equity Action Plan for that site. The African American Parent Advisory Council (AAPAC) is a very impactful group that influences the teaching and learning that occurs year-round. This active and empowered group of parents meet monthly at individual school sites to discuss how teaching practices and district policies can be improved to help their children feel valued and capable. They have opportuni- ties to comment on instructional practices, concepts, discipline and ways to improve interventions and enrichment. Members Government Code section 1090 is a broad prohibition against self-dealing in public contracts by public officials. Over time, the scope of section 1090 has expand- ed to include any agency or public official of the state. However, whether this conflict of interest law is applicable to charter schools has been the subject of significant debate over the past several years. Relying on prior case law, the attorney general opined that the term “any agency or official” should be liberally interpreted to include charter schools and their officials. Therefore, mem- bers of charter schools’ governing boards should be deemed to be public officials in the meaning of section 1090, and are subject of AAPAC attend national conferences to share the contributions they are making in MVUSD, thereby increasing the chances that more African American families will have an opportunity to positively affect the educational experience of their children. Our district takes pride in embracing, celebrating and acknowledging the con- tributions of African Americans. We offer multiple engagement opportunities for our families. Some examples include African American Girls Tea, Girls Excelling in Mathematics with Success, African American Baccalaureate Service for grad- uating seniors, STEAM Unity Expo, indi- vidualized mentoring, participation in the community’s African American Family Reunion and more. In February each year, we add even more opportunities to celebrate Black History Month. By opening our schools to events like Black History Month celebrations that include keynote speakers, soul food and stu- dent performances, we increase our oppor- tunity for valuable engagement with our families. There is a district brochure created that publicizes each school’s celebrations and events as we celebrate this important month. Our district also participates in community events like the Riverside Black History Parade and Moreno Valley College to the provisions of the statute. Political Reform Act of 1974 The purpose of the Political Reform Act is to ensure that public officials per- form their duties with impartiality and disclose any financial interests which may impact their vote. In 1998, the Fair Political Practices Commission (FPPC), which is charged with interpreting the Political Reform Act, concluded that board mem- bers of a charter school’s nonprofit corpo- ration were subject to the Political Reform Act’s provisions on conflicts of interest. The attorney general, in this opinion, gives deference to the FPPC in its decision that the governing body of a charter school that is organized as a corporation is subject to this law. Due to the prior FPPC opinions on this issue, many of California’s charter schools already operate in compliance with the Political Reform Act. Books and records in grand jury proceedings Generally, the books and records of school districts and county boards of educa- See CHARTERS, page 6 MLK Scholarship Breakfast. The practices in MVUSD are constantly monitored and revised to be responsive to the needs of all students. We have amaz- ing leadership that ensures policies are acted upon, and not just discussed. We set the tone from the district office and model what we expect. Our administra- tion has been recognized with multiple awards for our vision and actions in helping African American families. The African American Coalition of Riverside with the Outstanding African American Educator Award will honor Superintendent Kedziora on Feb. 9. We are proud that this endless commitment and dedication to community will be noticed. Along with our board of education, MVUSD has a spirit of collab- orative leadership that is the norm. Groups of parent, teachers, classified employees, community and student groups are all given voice in decisions that affect education. Because of these inclusive practices and the diversity of people contributing to deci- sions, we ensure that Black History Month is part of an overall plan to honor and pro- mote all cultures that benefits all families. More information about Moreno Valley USD can be found at www.mvusd.net. Education California | The official newspaper of the Association of California School Administrators EdCal® (USPS 684-390, ISSN 0740-0357) is published Weekly, except for the following dates in 2018-19: 7/2, 7/9, 7/23, 8/6, 8/20, 9/10, 9/24, 10/15, 10/29, 11/12, 11/26, 12/10, 12/17, 12/24, 12/31, 1/7, 2/18, 4/8, 5/13, and 6/3, by the Association of California School Administrators, 1575 Bayshore Highway, Burlingame, CA 94010. Periodical postage paid at Bur lingame, CA 94010 and additional offices. Subscription price: $90 value to members; offered to non- members on a qualifying basis. For further information, contact the membership depart- ment at [phone]. POSTMASTER: Send address changes to EdCal, c/o ACSA, 1575 Bayshore Highway, Burlingame, CA 94010. EdCal keeps ACSA members informed of association activities, efforts on their behalf and issues pertinent to education and educa- tion administration. Ad vertising or the mention of products, services or programs in EdCal does not imply endorsement by ACSA. ACSA is affiliated with the National Asso- ciation of School Superintendents, Nation al Association of Secondary School Principals, National Association of Elem entary School Principals, American Associa tion of School Person nel Admin istrators, California Associa- tion of Latino Superintendents and Adminis- trators, Ca lifornia Associa tion of Education Office Pro fes sionals and the American Associa- tion for Adult and Continuing Education. Editorial Offices: 1029 J St., Suite 500, Sacramento, CA 95814; [phone] • Job ads: e-mail [email protected] • News: e-mail [email protected] ACSA Executive Director Wesley Smith Senior Director of Communications/PIO Naj Alikhan Chief Operations Officer Scarlett Vanyi; Senior Director of Member Services Margarita Cuizon; Chief Marketing Officer Tatia Davenport; Senior Director of Educational Services Margaret Arthofer; Senior Directors of Governmental Relations Edgar Zazueta and Adonai Mack; Senior Director of Information Technology Tony Baldwin; Senior Director of Equity and Diversity Marguerite Williams; Senior Director of Financial Services Erin Grogan EdCal Editor Cary Rodda This series introduces ACSA staff to members. These are the people working tirelessly for you each and every day. Advertising/Website Coordinator Emily Agpoon Content Specialists Michael Kelly and Darcy Totten Who: Tracy Robinson ACSA CareerConnect Coordinator Tracy Olmedo ACSA Board of Directors President Holly Edds President-elect Linda Kaminski Vice President Ron Williams VP for Legislative Action Terri Rufert Past President Lisa Gonzales Members: Charlie Hoffman, Christine McCormick, Daniel Hernandez, Tim Gill, Jay Spaulding, Parvin Ahmadi, Denise Wickham, Juan Cruz, Ana Boyenga, Barbara Martinez, Blanca Cavazos, Ted Alejandre, Craig Helmstedter, Victor Thompson, Sue Kaiser, Angel Barrett, Rafael Plascencia, Joe Austin, Mike McCormick, Linda Hutcherson, Lisa Ketchum, Daryl Camp, Derrick Chau Burlingame, [phone] • Sacramento, [phone] • Ontario, [phone] • toll-free (800) 608-ACSA Job: Educational Services Executive Tracy oversees ACSA’s credentialing and coaching programs. Key information: Tracy’s first job was as a dog walker and coffeemaker for an elderly neighbor. She hopes to one day travel to see the Northern Lights. ACSA. We work for you.