lausd school board meeting agenda 4-22-2014

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Bd. of Ed. Regular Board Meeting (CS) - 1 - Order of Business, 9:00 a.m., 04-22-14 BOARD OF EDUCATION OF THE CITY OF LOS ANGELES Governing Board of the Los Angeles Unified School District REGULAR MEETING ORDER OF BUSINESS Including Closed Session Items 333 South Beaudry Avenue, Board Room 9:00 a.m., Tuesday, April 22, 2014 Pledge of Allegiance Roll Call of Members OPEN SESSION ITEMS Consent Items Items for action below assigned by the Board at the meeting to be adopted by a single vote. Any item may be pulled off of consent for further discussion by any Board Member at any time before action is taken. New Business for Action 1. Board of Education Report No. 373 - 13/14 PUBLIC HEARING Charter School Division (Issuance of Notice of Violations for Charter High School of Arts – Multimedia and Performing (“CHAMPS”) Pursuant to Education Code Sections 47607(c) and (d) requesting charter school remedy violations by May 2, 2014.) Correspondence and Petitions 2. Williams/Valenzuela Settlement Uniform Complaint - Quarterly Report Summary PUBLIC HEARING Board Member Resolutions for Action 3. Mr. Kayser, Ms. Ratliff - Parkinson’s Awareness Month (Noticed April 8, 2014) Whereas, Parkinson’s disease is a progressive neurological movement disorder of the central nervous system, which has a unique impact on each patient; Whereas, There are over one million Americans diagnosed with Parkinson’s disease; Whereas, Although new medicines and therapies may enhance life for some time for people with Parkinson’s, more work is needed for a cure; Whereas, Increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson’s disease;

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LAUSD School Board Meeting Agenda 4-22-2014. The board is giving CHAMPS until May 2 to provide evidence it has addressed the issues raised. What the school must do to satisfy the board’s concerns is not entirely clear. It could just be a matter of making good on the money stolen, or it might also require proof that the school’s management has been restructured in such a way to prevent such occurrences in the future.Other items before the board tomorrow are much more benign: Proclaiming April as World Wide Parkinson’s Disease Awareness Month, recognizing this month as Autism Awareness Month, declaring May 5-9 as Teacher Appreciation Week and spending the entire month of May celebrating Asian/Pacific Heritage while simultaneously affirming the district’s commitment to the School Discipline Policy and School Climate Bill of Rights.

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Bd. of Ed. Regular Board Meeting (CS) - 1 - Order of Business, 9:00 a.m., 04-22-14

BOARD OF EDUCATION OF THE CITY OF LOS ANGELES Governing Board of the Los Angeles Unified School District

REGULAR MEETING ORDER OF BUSINESS

Including Closed Session Items 333 South Beaudry Avenue, Board Room

9:00 a.m., Tuesday, April 22, 2014 Pledge of Allegiance Roll Call of Members OPEN SESSION ITEMS Consent Items Items for action below assigned by the Board at the meeting to be adopted by a single vote. Any item may be pulled off of consent for further discussion by any Board Member at any time before action is taken. New Business for Action

1. Board of Education Report No. 373 - 13/14 PUBLIC HEARING Charter School Division (Issuance of Notice of Violations for Charter High School of Arts – Multimedia and Performing (“CHAMPS”) Pursuant to Education Code Sections 47607(c) and (d) requesting charter school remedy violations by May 2, 2014.)

Correspondence and Petitions

2. Williams/Valenzuela Settlement Uniform Complaint - Quarterly Report Summary PUBLIC HEARING

Board Member Resolutions for Action

3. Mr. Kayser, Ms. Ratliff - Parkinson’s Awareness Month (Noticed April 8, 2014)

Whereas, Parkinson’s disease is a progressive neurological movement disorder of the central nervous system, which has a unique impact on each patient;

Whereas, There are over one million Americans diagnosed with Parkinson’s disease; Whereas, Although new medicines and therapies may enhance life for some time for people with Parkinson’s, more work is needed for a cure; Whereas, Increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson’s disease;

Bd. of Ed. Regular Board Meeting (CS) - 2 - Order of Business, 9:00 a.m., 04-22-14

Whereas, A multidisciplinary approach to Parkinson’s disease care includes local wellness, support, and caregiver groups; and Whereas, April has been proclaimed as World Wide Parkinson’s Awareness Month for all to recognize the need for more research and help in dealing with the devastating effects of Parkinson’s disease; now therefore, be it

Resolved, That the Governing Board of Los Angeles Unified School District proclaim April as World Wide Parkinson’s Disease Awareness Month.

4. Dr. Vladovic, Ms. García – Recognizing April 2014 as Autism Awareness Month

(Noticed April 8, 2014) Whereas, Autism is a spectrum disorder, which means no two people with autism are affected the same way, and it is a complex developmental disability that usually appears during the first three years of life and results in a neurological disorder that affects the functioning of the brain; Whereas, Autism knows no racial, ethnic or social boundaries and neither income, lifestyle nor education affects the occurrence, and it is estimated that 1.5 million people live with autism spectrum disorder in the United States; Whereas, Autism affects social interaction, and communication skills, and an average of 1 in 88 children are diagnosed with this spectrum disorder, and prevalence has increased 78% since the United States Centers for Disease Control and Prevention’s first study in 2007; Whereas, Early intervention and detection of autism can make a dramatic difference in a child’s ability to overcome challenges related to autism; Whereas, With support, people with autism can live full lives and make meaningful contributions to society; and Whereas, April 2, 2014, is known as “Light It Up Blue Day” which shines a light on Autism Awareness; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District acknowledges the month of April as Autism Awareness Month, and we pledge our support and encouragement to the assistance of all those affected by autism; Resolved further, That the Board remains committed to providing high quality intervention and support services for our children identified as having autism; Resolved further, That the Superintendent, at every April Board meeting, provide the LAUSD with an annual report that shares relevant information to the public about autism including our plan to educate parents and LAUSD staff on providing support services for children with autism; and be it finally

Bd. of Ed. Regular Board Meeting (CS) - 3 - Order of Business, 9:00 a.m., 04-22-14

Resolved, That the Superintendent, at every April Board meeting, provide an update on the programs that LAUSD offers for children who are living with autism and valuable information about the research based services that the district offers.

5. Ms. Ratliff, Ms. García, Dr. Vladovic – Teacher Appreciation Week 2014 (Noticed April 8, 2014)

Whereas, Instruction and teachers are at the very heart of the Los Angeles Unified School District’s mission to provide our students with an education that prepares them to be college and career-ready; Whereas, Teachers are the drivers of educational high achievement towards the goal of 100 % graduation rates; Whereas, Teachers are more than purveyors of knowledge in the classroom, they also serve our students as role models and mentors; Whereas, Teachers positively impact the lives of students well beyond the classroom; and Whereas, The National Education Association and the National Parent Teacher Association have designated the week of May 5-9, 2014, as National Teacher Appreciation Week and May 6, 2014, as National Teacher Day; now, therefore, be it

Resolved, That the Governing Board of the Los Angeles Unified School District hereby recognizes and honors the contributions of teachers to quality education across the Los Angeles Unified School District; Resolved further, That the Los Angeles Unified School District hereby declares the week of May 5-9, 2014, as Teacher Appreciation Week; and be it finally Resolved, That the Los Angeles Unified School District hereby declares May 6, 2014, as National Teacher Day.

Board Member Resolutions for Initial Announcement

6. Ms. García - Celebrating Asian/Pacific American Heritage Month (For Action May 13, 2014)

Whereas, In 1977, Congress introduced a House resolution to proclaim the first ten days of May as Asian/Pacific Heritage Week; Whereas, On October, 1978, President Jimmy Carter signed a joint resolution designating this as an annual celebration, which we now know as Asian-Pacific Heritage Week;

Bd. of Ed. Regular Board Meeting (CS) - 4 - Order of Business, 9:00 a.m., 04-22-14

Whereas, In 1990, May was chosen to commemorate the immigration of the first Japanese to the United States, which was on May, 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869, in which the majority of the workers who laid the tracks were Chinese immigrants; Whereas, In 1990 Congress voted to expand Asian-Pacific Heritage from a week to a month-long celebration and in May 1992, the month of May was permanently designated as Asian/Pacific American Heritage Month; Whereas, Studies have found that the academic needs of Asian American and Pacific Islander students are frequently overlooked; Whereas, Understanding Asian and Pacific Islander history is an important part of celebrating Asian and Pacific Islander Heritage Month; Whereas, Asian Americans and Pacific Islanders have contributed in significant ways to all aspects of society; Whereas, Asian Americans and Pacific Islanders have endured and overcome hardship and heartache. In the earliest years, tens of thousands of Gold Rush pioneers, coal miners, transcontinental railroad builders, as well as farm and orchard laborers, were subject to unjust working conditions, prejudice, and discrimination - yet they excelled; Whereas, Even in the darkness of the Exclusion Act and Japanese internment, Asian Americans and Pacific Islanders have persevered, providing for their families and creating opportunities for their children; Whereas, California is one of the states with the largest Asian American and Pacific Islanders’ population; and Whereas, In the Los Angeles Unified School District, 6.14% of the student population are identified as Asian, Filipino, or Pacific Islander; now therefore, be it Resolved, That the Board of Education of the City of Los Angeles proclaims May as the Asian/Pacific Islander Heritage Month and encourages all students, faculty, administrators, and parents to remember and celebrate the contributions that Asian and Pacific Islanders have made to California and the United States through various classroom projects; and be it finally Resolved, That the Superintendent work with all schools of the Los Angeles Unified School District to recognize and celebrate Asian/Pacific American Heritage Month through culturally relevant activities and through in-depth discussions of historically relevant topics.

Bd. of Ed. Regular Board Meeting (CS) - 5 - Order of Business, 9:00 a.m., 04-22-14

7. Ms. García, Ms. Ratliff – Affirming our Commitment to the School Discipline Policy and School Climate Bill of Rights and Establishing May as School Climate Bill of Rights Awareness Month (For Action May 13, 2014) Whereas, The Los Angeles Unified School District is committed to closing the achievement gap by providing equitable access to a vigorous education that ensures all students will graduate from high school college-prepared and career-ready; Whereas, Student achievement begins with safe classrooms and a healthy environment that is conducive to learning and free from disruption; Whereas, On May 14, 2013, the Governing Board of the Los Angeles Unified School District adopted the School Discipline Policy and School Climate Bill of Rights Resolution that among other things, promotes alternatives to school suspensions; implements restorative justice strategies at schools; and builds upon LAUSD's implementation of the School-Wide Positive Behavior Interventions and Supports (SWPBIS) aimed at reducing suspensions, increasing attendance and academic achievement; Whereas, The Los Angeles Unified School District SWPBIS Task Force has shown continued partner support and demand for effective and efficient implementation of the 2013 School Discipline Policy and School Climate Bill of Rights resolution; Whereas, The White House has announced the My Brother’s Keeper Initiative and has specifically called for improving school climate and reversing zero-tolerance policies; Whereas, The Successful School Climate: Progressive Discipline and Safety Committee has heard testimony from students, teachers and administrators on how Positive Behavior and Interventions and Support (PBIS) and Restorative Justice (RJ) create an academically supportive environment in schools; Whereas, Youth, parents, and community organizations continue to work with LAUSD leadership on expanding the implementation of the School Discipline Policy and School Climate Bill of Rights Resolution, as well as working with the School Climate Committee and Discipline task force; Whereas, School Climate Bill of Rights Month is a vehicle to promote student empowerment, safety and wellness in our schools and offers an excellent opportunity to focus the energy, attention, commitment, and action of the entire educational community on ensuring students are engaged, healthy, and achieving; Whereas, The LAUSD is committed to helping students succeed academically without imposing negative life altering consequences that can further add to their likelihood to be part of the “school-to-prison-pipeline”; Whereas, The Los Angeles School Police Department has continued to be a champion for reforms to end outdated approaches to discipline and punitive strategies for correcting inappropriate student behavior;

Bd. of Ed. Regular Board Meeting (CS) - 6 - Order of Business, 9:00 a.m., 04-22-14

Whereas, LAUSD has been the trailblazer in California and San Francisco Unified School District and Fresno Unified School District have followed suit toward more mental health based approaches to correcting negative student behavior; Whereas, School Climate Bill of Rights Month is an opportunity for all students in LAUSD to deepen their educational experience and to strengthen their connection to the school’s culture; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District affirms our commitment to the School Discipline Policy and School Climate Bill of Rights; Resolved further, That the Governing Board of the Los Angeles Unified School District establishes May as School Climate Bill of Rights Awareness Month; and be it finally, Resolved, That the Governing Board of the Los Angeles Unified School District directs the Superintendent to work with all schools to recognize and celebrate May as the School Climate Bill of Rights Awareness Month.

Public Comments

The public can address the Board at the commencement of the meeting in the Board Room on any item that is described in this notice or other issues under the purview of the Board of Education. At the conclusion of the closed session portion of the meeting, announcements required regarding actions taken by the Board of Education will be made in the Board Room.

CLOSED SESSION ITEMS (Purpose and Authority)

8. Conference with Legal Counsel

Existing Litigation (Government Code Section 54956.9(d)(1))

Appeal Recommendation in the Matter of the Dismissal of Valencia Black - OAH Case No. 2012100891 Los Angeles Unified School District, v. F. Sanchez, et al. Los Angeles Superior Court Case No. BC 4390905 Los Angeles Unified School District, v. Winans, et al. Los Angeles Superior Court Case No. BC 438745

Sharail Reed, et al., v. State of California, et al.

Los Angeles Superior Court Case No. BC 432420 UTLA, Aguilar, et al., v. Los Angeles Unified School District Los Angeles Superior Court Case No. BS 132987

Bd. of Ed. Regular Board Meeting (CS) - 7 - Order of Business, 9:00 a.m., 04-22-14

UTLA, Campuzano, et al., v. Los Angeles Unified School District Los Angeles Superior Court Case No. BS 138408

Potential Litigation (Government Code Section 54956.9(d)(4)) 1 Case

9. Personnel (Government Code Section 54957)

Employee Discipline/Dismissal/Release

Public Employment Assistant Superintendent, School Operations Associate General Counsel II (5) Chief Facilities Executive Chief Financial Officer Chief Information Officer Chief of Intensive Support and Intervention Chief of Police Chief of Staff, External Affairs Chief Operating Officer Chief Procurement Officer Chief Strategy Officer Construction Manager (5) Deputy Director of Facilities Contracts Deputy Director of Facilities, Maintenance and Operations Deputy Director of Facilities Planning and Development Deputy Director of Facilities Program Support Services Deputy Director of Facilities Project Execution (2) Deputy Superintendent, School Operations Director, Facilities Asset Development (2) Director, Facilities Contracts Director, Facilities Maintenance & Operations Director, Facilities Planning and Development Director, Facilities Program Support Services Director, Food Services Director, Office of Environmental Health & Safety Director, Regional Construction (2) Director, Transportation Executive Director, Curriculum and Instruction Executive Director, Adult and Career Education Executive Director, Intensive Support and Intervention Executive Director, Office of Data and Accountability Executive Director, Student Health and Human Services Executive Director, Parent Community and Student Branch Executive Director, Talent Management Executive Director, Special Education Local Instructional Area Superintendent (4) Temporary Advisor on Detached Service to LA’s Promise (2)

Bd. of Ed. Regular Board Meeting (CS) - 8 - Order of Business, 9:00 a.m., 04-22-14

10. Conference with Labor Negotiator (Government Code Section 54957.6)

Negotiator: Superintendent Deasy Employee Organizations:

Associated Administrators of Los Angeles California School Employees Association Los Angeles County Building and Construction Trades Council Los Angeles School Police Association Los Angeles School Police Sergeants and Lieutenants Association

Service Employees International Union, SEIU Local 99 Teamsters

United Teachers Los Angeles District Represented Employees and Contract Management Personnel

11. Student Discipline Matters (Education Code Sections 48918(c), (f)) 12. Approval of Notes

Recess into Closed Session Reconvene to Open Session

Report on any actions taken Adjournment

Please note that the Board of Education may consider at this meeting any item referred from a Board Meeting five calendar days prior to this meeting (Education Code 54954.2(b)(3)). The Board of Education may also refer any item on this Order of Business for the consideration of a committee or meeting of the Board of Education. Requests for disability related modifications or accommodations shall be made 24 hours prior to the meeting to the Board Secretariat in person or by calling (213) 241-7002. Individuals wishing to speak at a Board meeting must sign up at the meeting. There will be no sign ups in advance of the meeting. Speakers must sign up prior to the item being acted upon by the Board. Speakers should plan to arrive early as items with no speakers may be acted on at the beginning of the meeting.

- - - - If you or your organization is seeking to influence an agreement, policy, site selection or any other LAUSD decision, registration may be required under the District's Lobbying Disclosure Code. Please visit www.lausd.net/ethics to determine if you need to register or call (213) 241-3330.

Materials related to an item on this Order of Business distributed to the Board of Education are available for public inspection at the Security Desk on the first floor of the Administrative Headquarters and at http://laschoolboard.org/04-22-14RegBdCS. Items circulated after the initial distribution of materials are available for inspection at the Security Desk.

TAB 1

LOS ANGELES UNIFIED SCHOOL DISTRICT Board of Education Report

Bd. of Ed Rpt No. 373 – 13/14 Page 1 of 4 Board of Education

April 22, 2014

Report Number: 373 – 13/14 Date: April 22, 2014 Subject: Approval of the Issuance of Notice of Violations for Charter High School

of Arts – Multimedia and Performing (“CHAMPS”) Pursuant to Education Code Sections 47607(c) and (d) (Public Hearing)

Responsible Staff: Name José J. Cole-Gutiérrez, Director Office/Division Charter Schools Division Telephone No. (213) 241-0399

BOARD REPORT Action Proposed:

Staff recommends approval of the issuance of a Notice of Violations pursuant to Education Code § 47607(c) and (d) for Charter High School of Arts - Multimedia and Performing (“CHAMPS”) requesting that the charter school remedy the violations by May 2, 2014, and that staff be authorized to send and receive any documents in response to the Notice of Violations.

Background:

The LAUSD Board approved the renewal of the charter for CHAMPS onMay 18, 2010, to serve 900 students in grades 9-12 for a five-year term that expires June 30, 2015. The charter was amended administratively in March 13, 2014 to serve 1,000 students and to include a small independent study program for up to no more than 50 students. The school is in its ninth year of operation and currently serves 946 students in grades 9-12. Data showthat the student population is 53% White, 27% Latino, 10% two or more races, 9% African American and 1% Asian. CHAMPS is located at 6842 and 6952 Van Nuys Boulevard, Van Nuys, CA 91405 in Board District 6, Educational Service Center North (ESCN).

Pursuant to Education Code § 47607(c), the authorizing entity may revoke the charter of a charter school if it finds, through a showing of substantial evidence, that the charter school did any of the following:

• Committed a material violation of any of the conditions, standards, or procedures set forth in the charter.

• Failed to meet or pursue any of the pupil outcomes identified in the charter.

• Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.

LOS ANGELES UNIFIED SCHOOL DISTRICT Board of Education Report

Bd. of Ed Rpt No. 373 – 13/14 Page 2 of 4 Board of Education

April 22, 2014

• Violated any provision of the law.

The LAUSD Board shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to revoke a charter. (Education Code § 47607(c)(2)). The Academic Performance Index (API) for school year 2012-2013 was 798 (a decline of 5 points from previous year). The school did not meet annual yearly progress (AYP) and did not meet the growth target for the Hispanic or Latino subgroup in 2012-2013.

California Education Code § 47607(d) requires the authorizing entity to notify the charter school in writing of any violation and give the charter school a reasonable opportunity to remedy the violation prior to revocation.

The District is requesting the issuance of the attached Notice of Violations based on the following grounds:

(1) Fiscal Mismanagement (EC § 47607(c)(1)(C)

(2) Material Violation of any Conditions, Standards, or Procedures setforth in the Charter (EC § 47607(c)(1)(A))

As the evidence provided in the attached Notice of Violations demonstrates, CHAMPS has engaged in fiscal mismanagement, material violations of its charter, and has failed to demonstrate effective governance capacity including but not limited to:

(1) Failure to ensure and implement fiscal controls to prevent inappropriate staff use of school’s credit card. Staff used school’s credit card for personal transactions.

(2) Failure of the CHAMPS’ Board of directors to exercise its fiduciary duties by conducting fiscal oversight. The first incident occurred in September 2013 yet the Board did not hold a meeting to discuss the issue until January 27, 2014.

(3) Failure to immediately report this unauthorized credit card use to law enforcement and/or the Charter Schools Division and failure to fully disclose information to the Charter Schools Division.

(4) Failure to act on the employee’s misconduct through staff discipline or termination.

LOS ANGELES UNIFIED SCHOOL DISTRICT Board of Education Report

Bd. of Ed Rpt No. 373 – 13/14 Page 3 of 4 Board of Education

April 22, 2014

Expected Outcomes:

CHAMPS is requested to remedy the violations listed in the attached Notice of Violations on or before May 2, 2014. CHAMPS’ failure to remedy the violations will lead to a recommendation to the Board of Education to issue a Notice of Intent to Revoke and Notice of Facts in Support of Revocation. If the Board ultimately revokes CHAMPS charter at a subsequent revocation hearing, CHAMPS ceases to operate. The charter school may choose to file an appeal with LACOE within 30 days of the revocation. [Education Code § 47607(f)(l)]

Board Options and Consequences:

“Yes” – The approval of the issuance of the Notice of Violations to CHAMPS directs Charter Schools Division staff to issue the Notice of Violations and receive any response from CHAMPS. Further, at a subsequent Board of Education meeting, the Charter Schools Division willreport CHAMPS’ response to the Notice of Violations and staff recommendation to the Board.

“No” – The denial of the issuance of the Notice of Violations to CHAMPSdirects Charter Schools Division staff not to issue the Notice of Violations. CHAMPS will not be required to respond to a formal Notice of Violations and the formal revocation process will not be initiated.

Policy Implications: There are no policy implications at this time.

Budget Impact: The budget impact will be dependent on the resolution of revocation proceedings.

Issues and Analysis:

See attached Notice of Violations and exhibits.

Attachments: �� Informative � Desegregation Impact Statement

LOS ANGELES UNIFIED SCHOOL DISTRICT Board of Education Report

Bd. of Ed Rpt No. 373 – 13/14 Page 4 of 4 Board of Education

April 22, 2014

Respectfully submitted, APPROVED BY: DR. JOHN E. DEASY MICHELLE KING Superintendent Senior Deputy Superintendent School Operations APPROVED & PRESENTED BY: REVIEWED BY: JOSÉ J. COLE-GUTIÉRREZ DAVID HOLMQUIST Director General Counsel Charter Schools Division Approved as to form.

TONY ATIENZA Director of Budget Services and Financial Planning Approved as to budget impact statement.

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Doc# 208392Doc# 207669 DECLARATION OF SHARON BRADLEY 1

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DECLARATION OF SHARON BRADLEY

I, Sharon Bradley, declare as follows:

1. I am a Specialist in the Charter Schools Division (“CSD”) of the Los Angeles Unified

School District (“LAUSD” or “District”). I have held different positions and

responsibilities in the CSD since 2006 which included reviewing charter petitions and

conducting charter school oversight. In my current position as Specialist, I am part of a

team assigned to conduct oversight of certain charter schools authorized by LAUSD,

including the Charter High School of Arts-Multimedia and Performing (“CHAMPS”).

2. I have personal knowledge of the matters contained within this Declaration, and if I am

called upon to testify as to the statements made herein, I could and would competently

testify hereto.

3. On March 13, 2014, CHAMPS’ Executive Director, Joanne Saliba, and CHAMPS Board

President, Robert Kahn, called and informed me that the school’s Director of Fund

Development (DFD) misused the school’s credit card for personal purchases in October

2013. Ms. Saliba stated the following: On or about October 15, 2013, she discovered

unauthorized personal purchases of about $15,000 on the school’s American Express

credit card statement. Ms. Saliba said she confronted the DFD who was apologetic and

said she mistakenly thought the card was her personal card and said she would pay the

bill. The DFD sent a check for $15,000 to American Express but when Ms. Saliba

checked with American Express she found out that the check for the payment was

returned for insufficient funds. Ms. Saliba confronted the DFD about this. The DFD was

apologetic and said she purchased 10 money orders to mail as payment to American

Express. Ms. Saliba believed that the DFD had cashed the money orders back and that

those payments were never made to American Express. Ms. Saliba also shared that there

was a warrant out for the DFD as there had been other victims.

4. Board President Robert Kahn said that the board was told about this incident at a closed

session meeting in January 2014. They had informed their legal counsel and were

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working with their legal counsel. The board had directed Ms. Saliba to file a police

report and to contact their insurance company. They were waiting to hear back from the

police. He thought the DFD pretended she would pay the money back as a way to trick

or delay Ms. Saliba into not taking action against her.

5. After the call, I emailed Ms. Saliba and requested her to summarize what they stated in

writing. On the same day, March 13, 2014, Ms. Saliba emailed me with the summary of

what was reported on the phone call.

6. I emailed Ms. Saliba back (and copied Mr. Kahn) after reviewing her summary email and

asked why it took long for CHAMPS to report the incident to CSD after first knowing

about it in October 2013. Mr. Kahn replied to the email stating that he believed Ms.

Saliba sincerely thought that the DFD would actually pay the monies back in a reasonable

timeline and that Ms. Saliba discussed the matter with the board in closed session at the

next scheduled meeting in January 27. He also explained that they have been playing

telephone tag with CSD since sometime in early to mid-February.

7. On March 18, 2014, after consulting with the CSD Senior Coordinator and Fiscal

Services Manager, I sent CHAMPS a Notice of Concern requesting that CHAMPS

provide responses to documentation and questions related to the incident. A response

was requested by March 21, 2014.

8. On March 21, 2014, I received CHAMPS’ response to the Notice of Concern. Part of the

response indicated that the detective assigned to the police investigation indicated that at

that time the case was not considered a criminal matter because of lack of evidence that

the DFD intended to “steal and conceal” since the credit card statements were monitored

monthly by the Executive Director, she acknowledged she had to repay, and that there

was evidence she intended to repay but could not afford it.

9. On April 9, 2014, I called Detective Derr of the Los Angeles Police Department who

investigated the report filed by CHAMPS against the DFD. Joanne Vu, CSD Fiscal

Services Manager, was also on the phone call with me. Detective Derr informed me and

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Ms. Vu that the case was closed and that in consultation with the District Attorney’s

Office, the case did not amount to a criminal case. Detective Derr explained that the

burden was showing criminal wrongdoing or intent to never repay and that this standard

was not met. CHAMPS made three separate negotiation agreements with the DFD

regarding repayment (check, money order, and promissory note) instead of taking action

indicating that the DFD’s actions were stealing or misuse of public funds. Therefore,

according to Detective Derr, the investigation determined that the case was a civil breach

not a criminal case. Detective Derr shared the following information from his

investigation:

� The first incident happened in September 2013 when the Executive Director discovered

about $3,000 unauthorized purchase from the credit card statement. The Executive

Director had a closed door meeting with the DFD wherein the DFD agreed to pay back

the $3,000. School did not file criminal case against the DFD and she continued to work

at CHAMPS and have access to the credit card.

� The second incident happened in October 2013. The Executive Director discovered that

there was about $24,000 unauthorized purchase on the school’s credit card. Once again,

there was a closed door meeting with the DFD and the Executive Director. The DFD

agreed to pay the unauthorized purchase directly to American Express.

� The DFD issued a $15,000 check payable to American Express but the check bounced.

She also purchased about $4,400 in money order but American Express never received it.

The school paid all of the unauthorized charges to American Express. DFD continued to

work at CHAMPS until she voluntarily quit in December 2013.

� When the school asked the DFD to pay back the money that she had agreed to pay, she

sent a letter/email to the Executive Director in January stating that she was sick and was

hospitalized. The detective explained that this would be interpreted by the courts as

indicating that the DFD cannot pay as promised reflective of a debtor/lienholder

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arrangement.

� The school did not discipline the DFD for her misconduct but instead made an agreement

with her that she is going to pay back about $27,000. She continued to work at school

until her sudden departure. The school only reported to the Police when the DFD quit her

job.

� LAPD in consultation with the District Attorney’s Office concluded that the school

treated the misuse of funds as a civil agreement, not as a criminal case.

� The DFD claimed that she was not informed of the credit card usage policy. CHAMPS

did not have a policy regarding legitimate credit card expenses and illegitimate expenses.

� Detective Derr ran a Department of Justice (DOJ) check on the DFD which revealed that

she had a warrant for arrest for grand theft in Pasadena sometime in 2011 for telling

people that she was a cancer patient and collected about $20,000-$30,000 from people

who believed her story. Detective Derr is not sure whether the City of Pasadena is going

to pursue her case. When Detective Derr investigated the addresses for Ms. Berry, they

turned out not to be a residence. She has not returned the detective’s phone calls.

� Detective Derr said that the Executive Director was aware of the DFD’s arrest for grand

theft . However, she only informed the board when things got out of hand.

� On February 19, 2014, Mr. Dennis Fried, a Board Member of CHAMPS and possibly

legal counsel came and informed Detective Derr that the CHAMPS board has directed

that the investigation and all communication regarding DFD should go to him instead of

to the Executive Director. Mr. Fried told Detective Derr that the Executive Director

knew about the DFD’s prior arrest for grand theft.

(The above account from Detective Derr was contemporaneously documented in the

attached report “CHAMPS-Misuse of Public Funds” dated April 9, 2014, by Joanne Vu,

Fiscal Services Manager and Sharon Bradley, Specialist).

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CHAMPS – MISUSE OF PUBLIC FUNDS

Detective Derr conducted the investigation – Phone number 818-374-0054

Police Report: DR No. 1409-05452 Police Report completed: 4-3-14 Phone number for Police Records to order copy of report: 213-486-8310 Background: Katie Berry, Director of Fund Raising at CHAMPS used school credit card to charge about $27,000 unauthorized /personal purchases. Summary: The information in this document solely reflects information provided to the Charter Schools Division by Detective Derr in a phone conference based on his investigation. The Grand Theft case is closed. The burden for the case was showing criminal wrongdoing or intent to never repay. This standard was not met. In essence, CHAMPS made 3 separate negotiation agreements with Ms. Berry regarding repayment (check, money order, promissory note), none of those agreements in writing instead of taking action indicating that Ms. Berry’s actions were stealing, a crime, or misuse of public funds. Therefore, the investigation of the case has determined that it was a civil breach, not a criminal case as per Detective Derr, in his consultation with the District Attorney, due to the following reasons:

1. First incident happened in September 2013 a. Joanne Saliba, Executive Director, discovered about $3,000 unauthorized purchase from

the credit card statement. Joanne had a closed door meeting with Katie. Katie agreed to pay back the $3,000. School did not file criminal case against Katie; she continued to work at CHAMPS, and have access to the credit card. There is no documentation regarding the meeting.

2. Second incident happened in October 2013 a. The Executive Director discovered that there was about $24,000 unauthorized purchase

from Katie’s credit card. Once again, there was a closed door meeting with Katie and the Executive Director. Katie agreed to pay the unauthorized purchase directly to American Express. There is no documentation regarding this meeting.

b. Katie issued $15,000 check payable to American Express but the check bounced. She also purchased about $4,400 in money order but American Express never received it. School paid all Katie’s unauthorized charges to American Express. Katie continued to work at CHAMPS until she voluntarily quit in December 2013.

c. When the school asked Katie to pay back the money that she had agreed to pay Katie sent a letter/email to Joanne in January stating that she was sick and was hospitalized. This would be interpreted by the courts as Katie indicating that she cannot pay as promised, reflective of a debtor lienholder arrangement.

3. The School did not discipline Katie for her misconduct but instead made an agreement with her that she is going to pay back about $27,000. She continued to work at school until her sudden departure. School only reported to the Police when Katie quit her job.

4. Police Department concluded that school treated the misuse of funds as a civil agreement, not as a criminal case.

5. Katie claimed that she was not informed of the credit card usage policy. CHAMPS did not have a policy regarding legitimate credit card expenses and illegitimate expenses.

6. Police did the DOJ on Katie. She had a warrant for her arrest for grand theft in Pasadena. She told people there that she was a cancer patient, and collected about $20,000-$30,000 from

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people who believed her story. Detective Derr is not sure whether the City of Pasadena is going to pursue her case. When Detective Derr investigated the addresses for Ms. Berry, they turned out not to be a residence. She has not returned the detective’s phone calls.

7. Detective Derr said that the Executive Director was aware of the past grand theft on Katie. However, she only informed the board when things got out of hand.

8. On February 19, 2014, Mr. Dennis Fried, a Board Member of CHAMPS, (and Attorney?) came and informed Detective Derr that the CHAMPS board has directed that the investigation and all communication regarding Ms. Katie Berry should go to him, Board Member Fried, instead of to the Executive Director.

4-9-14

Joanne Vu, Fiscal Services Manager

Sharon Bradley, Specialist

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NOTICE OF VIOLATIONS TO CHARTER HIGH SCHOOL OF ARTS-MULTIMEDIA AND PERFORMING (“CHAMPS”)

(EDUCATION CODE §§ 47607(c) and (d))

April 22, 2014

Page 1 of 8

Pursuant to its oversight obligations, the Los Angeles Unified School District’s Board of Education (“LAUSD Board”) issues this NOTICE OF VIOLATIONS to Charter High School of Arts- Multimedia and Performing (“CHAMPS” or “Charter School”) and its Governing Board for committing material breach of the charter and fiscal mismanagement.

LEGAL AUTHORITY

Pursuant to California Education Code § 47607(d)1, the authorizing entity is required to notify the charter school in writing of any violation and give the charter school a reasonable opportunity to remedy the violation prior to revocation. Pursuant to section 47607(c), the authorizing entity may revoke the charter of a charter school if it finds, through a showing of substantial evidence, that the charter school did any of the following:

(1) Committed a material violation of any of the conditions, standards, or procedures set forth

in the charter. (2) Failed to meet or pursue any of the pupil outcomes identified in the charter. (3) Failed to meet generally accepted accounting principles, or engaged in fiscal

mismanagement. (4) Violated any provision of law.

The LAUSD Board shall consider increases in pupil academic achievement for all groups of pupils served by the charter schools as the most important factor in determining whether to revoke a charter. (§ 47607(c)(2).)

The LAUSD Board hereby places CHAMPS on notice of its intent to revoke the school’s Charter if it fails to remedy the enumerated violations detailed below. The LAUSD Board reserves its right to immediately revoke the Charter upon its written determination that any violations constitute a severe and imminent threat to the health and safety of the pupils (§ 47607(d)). The LAUSD Board also reserves the right to consider additional evidence presented to substantiate violations listed below. The Board of Education issues this Notice of Violations to CHAMPS based on the evidence and grounds for revocation set forth below.

1 All statutory references are to the California Education Code unless otherwise indicated.

Page 2 of 8

BACKGROUND INFORMATION The LAUSD Board approved the renewal of the charter for CHAMPS on May 18, 2010, to serve 900 students in grades 9-12 for a five-year term that expires June 30, 2015. The charter was amended administratively in March 13, 2014 to serve 1,000 students and to include a small independent study program for up to no more than 50 students. The school is in its ninth year of operation and currently serves 946 students in grades 9-12. Data show that the student population is 53% White, 27% Latino, 10% two or more races, 9% African American, and 1% Asian. The Academic Performance Index (API) for school year 2012-2013 was 798 (a decline of 5 points from previous year). The school did not meet annual yearly progress (AYP) and did not meet the growth target for the Hispanic or Latino subgroup in 2012-2013.

GROUNDS AND EVIDENCE FOR ISSUING NOTICE OF VIOLATION

I. FACTS AND EVIDENCE Misuse of CHAMPS School Funds

On March 13, 2014, Charter Schools Division (CSD) Specialist assigned to the oversight of CHAMPS received a call from the school’s Executive Director and Board President who reported that the school’s Director of Fund Development (DFD) misused the school’s credit card for personal purchases and that they had reported this to the Los Angeles Police Department (LAPD). (Exhibit 1, Sharon Bradley’s Declaration with attached report). According to the Executive Director, the DFD charged approximately $15,000 worth of personal purchases on the school’s credit card. The Executive Director said that she confronted the DFD who accepted responsibility and said she would make payments on the credit card. (Exhibit 2, emails to and from CHAMPS ([email protected]), Robert Kahn and Sharon Bradley, March 13, 2014.) However, the DFD abruptly resigned on or about December 2013 without paying for the unauthorized charges to the credit card. (See Exhibit 2; also see Attached Chronology of Events). Through the course of CSD’s follow up which included contacting the LAPD, the unauthorized charges on the CHAMPS credit card was larger than the $15,000 reported by the Executive Director. According to LAPD, the amount was actually $27,000. (See Exhibit 1; see also attached Chronology of Events). CSD has further determined through its oversight that members of the school’s leadership were aware of this breach as early as September 2013 and did not contact the police immediately to investigate this matter. The CHAMPS CFO who serves as a Board member and Board Treasurer also reportedly knew of the misuse of the school’s credit card when he was notified by the Executive Director on or about October 2013 that she closed the credit card account but did not bring this issue to the Governing Board until a closed session meeting on January 27, 2014. This is about four months after the time when the school leader became aware of the DFD’s misuse of funds. (See Exhibit 1, Sharon Bradley’s Declaration; Exhibit 2, emails to and from Joanne Saliba, Robert Kahn and Sharon Bradley; Exhibit 3, LAPD Investigative Report). CHAMPS did not provide any evidence that they acted upon the employee’s misconduct by disciplining her or terminating her at-will contract for misusing the school’s credit card.

Page 3 of 8

Notice of Concern and Request for Immediate Response On March 18, 2014, CSD issued a Notice of Concern to CHAMPS requesting documentation and a written response to a series of questions pertaining to the school’s fiscal policies and controls, reason why the DFD continued to be employed by CHAMPS after the discovery of theft evidenced by Board minutes from December 16, 2013, status of the police investigation, and rationale for not reporting to CSD until March 13, 2014. (Exhibit 4, Board Minutes, December 16, 2013; Exhibit 5, Notice of Concern Letter to Robert Kahn, Board President and Joanne Saliba, Executive Director, March 18, 2014). On March 21, 2014, CHAMPS responded to the Notice of Concern. CHAMPS indicated that the DFD reports to and is monitored by the Executive Director. The reason the DFD continued to be employed at the school after the administration found out about the misuse of the credit card is that it “initially believed that the employee’s personal charges on the CHAMPS’ credit card was the result of a good faith mistake by the employee resulting from a mix-up in account numbers…the employee immediately took responsibility…the employee further immediately expressed her intention to pay back the money.” (Exhibit 6, CHAMPS Response to LAUSD’s Notice of Concern, March 21, 2014.) CHAMPS further explained that the employee offered to sign a promissory note to repay CHAMPS on a monthly basis and that it was part of a calculated strategy aimed at recouping the money the employee owed. Moreover, according to the school, they believed that there was no exposure to further risk since the Executive Director had at that time taken the precaution of severing the employee’s access to any of the school’s credit cards, bank accounts or any financial transactions. CHAMPS also stated that the DFD coordinated a number of prospective donor events and a successful student concert and no further negative incidents occurred. (Exhibit 6.)

LAPD’s Investigation

On April 9, 2014, CSD contacted Detective Derr of the LAPD. Detective Derr informed CSD that the case was closed and that in consultation with the District Attorney’s Office, the case did not amount to a criminal case. Detective Derr explained that the burden was showing criminal wrongdoing or intent to never repay and that this standard was not met. CHAMPS made three separate negotiation agreements with the DFD regarding repayment (check, money order, and promissory note) instead of taking action indicating that the DFD’s actions were stealing or misuse of public funds. Therefore, according to Detective Derr, the investigation determined that the case was a civil breach, not a criminal case. (Exhibit 1, Sharon Bradley’s Declaration and attached report). Detective Derr shared the following information from the investigation with CSD: • The first incident happened in September 2013 when the Executive Director discovered

about $3,000 unauthorized purchase from the credit card statement. The Executive Director had a closed door meeting with the DFD wherein the DFD agreed to pay back the $3,000. School did not file criminal case against the DFD and she continued to work at CHAMPS and have access to the credit card.

• The second incident happened in October 2013. The Executive Director discovered that there was about $24,000 unauthorized purchase on the school’s credit card. Once again, there was a closed door meeting with the DFD and the Executive Director. The DFD agreed to pay the unauthorized purchase directly to American Express.

• The DFD issued a $15,000 check payable to American Express but the check bounced. She also purchased about $4,400 in money order but American Express never received it. The

Page 4 of 8

school paid all of the unauthorized charges to American Express. DFD continued to work at CHAMPS until she voluntarily quit in December 2013.

• When the school asked the DFD to pay back the money that she had agreed to pay, she sent a letter/email to the Executive Director in January stating that she was sick and was hospitalized. The detective explained that this would be interpreted by the courts as indicating that the DFD cannot pay as promised reflective of a debtor/lienholder arrangement.

• The school did not discipline the DFD for her misconduct but instead made an agreement with her that she is going to pay back about $27,000. She continued to work at school until her sudden departure. The school only reported to the Police when the DFD quit her job.

• LAPD in consultation with the District Attorney’s Office concluded that the school treated the misuse of funds as a civil agreement, not as a criminal case.

• The DFD claimed that she was not informed of the credit card usage policy. CHAMPS did not have a policy regarding legitimate credit card expenses and illegitimate expenses.

• Detective Derr ran a Department of Justice (DOJ) check on the DFD which revealed that she had a warrant for arrest for grand theft in Pasadena sometime in 2011 for telling people that she was a cancer patient and collected about $20,000-$30,000 from people who believed her story. Detective Derr is not sure whether the City of Pasadena is going to pursue her case. When Detective Derr investigated the addresses for the DFD, they turned out not to be a residence. She has not returned the detective’s phone calls.

• Detective Derr said that the Executive Director was aware of the DFD’s arrest for grand theft. However, she only informed the Board when things got out of hand.

• On February 19, 2014, Mr. Dennis Fried, a Board Member of CHAMPS and possibly legal counsel came and informed Detective Derr that the CHAMPS Board has directed that the investigation and all communication regarding DFD should go to him instead of to the Executive Director. Mr. Fried told Detective Derr that the Executive Director knew about the DFD’s prior arrest for grand theft.

(Exhibit 1, Declaration of Sharon Bradley and attached report.)

II. GROUNDS FOR REVOCATION 1. Fiscal Mismanagement (EC § 47607(c)(1)(C)

CHAMPS has engaged in fiscal mismanagement. Based on the evidence, CHAMPS failed to ensure and implement fiscal controls which led to the misuse of public school funds in the first place and then did not take appropriate actions to rectify the breach. CHAMPS’ Fiscal Policies and Procedures Handbook states the following relevant provisions:

“The School Director may authorize an individual to use a school credit card to make an authorized purchase on behalf of the school, consistent with guidelines provided by the School Director and/or Governing Board. a. The school card will be kept under supervision of the School Director, and authorized

individuals must sign the credit card out and must return the credit card and related documentation of all purchases within 24 hours of the purchases, unless otherwise authorized by the School Director.

b. If receipts are not available or are “missing,” the individual making the charge will be held responsible for payment.

Page 5 of 8

c. Credit cards will bear the names of both CHAMPS CHARTER HIGH SCHOOL and the School Director.

d. Debit cards are not allowed.” (Exhibit 7, CHAMPS Fiscal Policies and Procedures Handbook.)

CHAMPS’ fiscal policies and procedures require that individuals authorized to use the school credit card must sign out and return the credit card within 24 hours of the purchases with related documentation of all purchases, unless authorized by the School Director. Regardless of whether the School Director (Executive Director) authorized the DFD to retain the credit card beyond 24 hours, it is evident that proper fiscal controls were not exercised over the use of the credit card since unauthorized personal purchases were only discovered after reviewing monthly statements. Moreover, it is critical to point out that according to LAPD’s investigation, the Executive Director had prior knowledge that the DFD misused the school’s credit card in September 2013 for $3,000 yet the Executive Director evidently continued to authorize the DFD to use the credit card enabling her to make unauthorized charges of $24,000 in October 2013. (See Exhibit 1, Sharon Bradley’s Declaration; see also Chronology of Events).

2. Material Violation of Charter (EC § 47607(c)(1)(A) CHAMPS violated Element 4 of its Charter which provides, in part:

“Board of Directors The Board of Directors will have a legal and fiduciary responsibility as well as organizational and accountability tasks for CHAMPS. The Board of Directors has incorporated the school as a nonprofit corporation with the Secretary of State of California (#C2712210) and the paperwork is included in the appendix. Scope of Authority The following policies, programs and responsibilities will be under the authority of the Board of Directors: • Strategic planning long-range goals and annual objectives; • Annual budget development, approval and monitoring; • Fiscal oversight fundraising goals; • Hiring, evaluating, and when necessary, replacing administrators and managers.” (Exhibit 8, CHAMPS Charter (relevant portions), pp. 76-77, emphasis added.)

CHAMPS’ Board of directors did not exercise its fiduciary duties by failing to conduct fiscal oversight. It is important to note that CHAMPS’ Board meets monthly. The first incident occurred in September 2013 yet the Board did not hold a meeting to discuss the issue until January 27, 2014. The Board member who serves as the school’s CFO/Board Treasurer was reportedly made aware of the misuse of credit card on or about October 2013 but it was not discussed until the January 27, 2014 closed session meeting. (Exhibit 1, Sharon Bradley’s Declaration; Exhibit 2, emails to and from Joanne Saliba and Sharon Bradley). In responses to CSD’s oversight inquiries, the Board President accepted the Executive Director’s rationale to enter into a payment plan with the DFD. It was only when the DFD abruptly resigned

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sometime in December 2013 that the governing Board pursued action to recoup the funds by directing the Executive Director to file a report with LAPD and the insurance company. 2

III. CONCERN REGARDING GENERAL CAPACITY TO OPERATE CHARTER

SCHOOL

In addition to and as confirmed by the specific violations described above, based on document review and interviews, CSD has serious concerns regarding the demonstrated lack of capacity and accountability demonstrated by the CHAMPS Board and administration in handling this matter, and which raises larger questions about their ability to exercise sound judgment and conduct fiduciary oversight of their school. First, it is a concern that CHAMPS had not been completely forthcoming with information. When the Executive Director and Board President reported the misuse to CSD, they did not disclose the September 2013 unauthorized charges in the amount of $3,000. CSD discovered this fact through the LAPD detective. Moreover, the Executive Director indicated that the amount that was charged in the October 2013 statement was for $15,000 but the LAPD detective indicated that it was actually $24,000. Moreover, CSD is concerned that the DFD may have been employed by CHAMPS in a capacity to handle public funds and was allowed to do so without appropriate supervision in spite of the school’s knowledge of her previous arrest in 2011. 3 (Exhibit 1, Sharon Bradley’s Declaration). If this is accurate, it raises serious concerns about the school leadership’s decision making that they would hire a person to handle fundraising and allow her access to a public charter school’s credit card with this type of arrest history. Beyond this, the school allowed the DFD continued access to the school’s resources after the first abuse in September 2013. These facts amount to fatal errors in judgments on the part of the Executive Director and cast serious doubts about effectiveness in operating a sound, legally compliant public school. Further, CHAMPS demonstrates questionable governance by failing to discipline and report the incident to law enforcement after discovering that the DFD committed the following series of events: misused credit card in September 2013 for $3,000; further unauthorized charges in October 2013 for $24,000; bounced the payment to the credit card in November 2013; and misrepresented that she purchased money orders for payments to the credit card that was never received in December 2013. In fact, she continued to work at CHAMPS through December 2013, made a presentation to the Board as if nothing happened, until she resigned. (See Exhibit 4; December Board Minutes; Chronology of Events). The District also has grave concerns regarding the capacity of the CHAMPS Governing Board to exercise its fiduciary obligations. There is no evidence that the Governing Board disciplined

2 On April 11, 2014, CSD received an email from the Executive Director informing CSD that the insurance company was going to cover the loss of $25,468.34. As of the writing of this Notice of Violations, the CSD has not received verifiable documentation from the school. CSD needs further documentation of this coverage and remittance by the insurance company. 3 The school ran a Department of Justice (DOJ) background check on the DFD which according to the school’s affidavit to CSD cleared on March 4, 2013. The DFD was hired on or about February 2013. Detective Derr informed CSD that in 2011, the DFD was arrested for grand theft in Pasadena for telling people that she was a cancer patient and collected about $20,000-$30,000 from people who believed her story. Detective Derr does not know if the City of Pasadena pursued the case.

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or requested the administration to discipline the DFD for this serious and criminal incident. There is also no evidence that the Governing Board conducted its own investigation into the misuse of the credit card and the administration’s actions in response to the misuse. Instead, the Board President in its responses to CSD validated the Executive Director’s rationale to instead enter into a payment plan with the DFD. It was not until the DFD resigned abruptly that the Governing Board decided to file a report with the LAPD. Further, because the school decided to enter into a promissory note and provided the DFD opportunities to pay for the unauthorized charges instead of filing a report with law enforcement, the incident which could have otherwise been a criminal case was deemed a civil breach of an agreement and LAPD closed the investigation. (See Exhibit 1, Sharon Bradley’s Declaration and attached report). In total, these facts also amount to fatal errors in judgments on the part of the Board and cast serious doubts about said members’ effectiveness in governing a sound, legally compliant public school.

REASONABLE PERIOD OF TIME TO REMEDY VIOLATIONS

The following violations need to be addressed and remedied on or before May 2, 2014. Please provide a detailed, written response addressing each of the specifically identified violations. You may attach to your written response any supporting evidence of your refutation of the identified violations or remedial actions that have been taken by CHAMPS. Please submit your response to LAUSD’s Charter Schools Division:

José Cole-Gutiérrez, Director Charter Schools Division

333 South Beaudry Avenue, 20th Floor Los Angeles, CA 90017

Upon the conclusion of the reasonable time to remedy, the LAUSD Board shall evaluate CHAMPS’ response and any supporting evidence. Should the LAUSD Board deem that CHAMPS has not taken the appropriate measures to address and remedy the above concerns and violations, a public hearing to consider issuance of a Notice of Intent to Revoke and Notice of Facts pursuant to Education Code § 47607(e) shall be scheduled. CHAMPS is also placed on notice that pursuant to Education Code section 47607(i), should the Board of Education revoke the charter of CHAMPS based on fiscal mismanagement, the charter school shall cease operations pending appeal.

SERVICE Upon the LAUSD Board’s approval of issuance of Notice of Violations at the public hearing dated April 22, 2014, LAUSD’s Charter Schools Division shall issue the Notice of Violations to:

Robert Kahn, Board President 6842 Van Nuys Blvd. Van Nuys, CA 91405

Email: [email protected] School Number: (818) 994-4744

� �

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CHAMPS Chronology of Relevant Events (Evidence in Attached Exhibits)

Date Event September 2013 Executive Director discovered misuse of school’s American Express

credit card for $3,000 by the Director of Fund Development (DFD). Executive Director confronted the DFD about it. The DFD remained in her role.

October 2013 Executive Director discovered personal use/unauthorized purchases when reviewing credit card statement. (Per LAPD detective, the amount was $24,000). Executive Director confronted the DFD who accepted responsibility for the purchases. Her explanation at the time was she thought she was using another personal account.

Executive Director took the card and closed the account and informed the school’s CFO/Board Treasurer. The DFD remained in her role.

November 15, 2013 DFD submitted a $15,000 personal check to the credit card company for payment. Within a few weeks, the check was returned for insufficient funds. The DFD remained in her role.

December 2013 DFD sent Executive Director copies of a series of money orders made out to the credit card company for payment. The credit card company did not receive the money orders.

DFD worked out a payment plan with the Executive Director to pay the charges back by the end of the school year.

DFD abruptly resigns without signing the Promissory Note. January 2014 On January 27, the Board was notified by the Executive Director of the

misuse of the credit card in a closed session meeting. The Board instructed the Executive Director to file a police report and make a claim to the insurance company.

Police report filed on January 29, 2014. March 13, 2014 Executive Director and CHAMPS Board President called Sharon Bradley,

CSD Specialist, and informed Ms. Bradley about the DFD’s misuse of the school’s credit card for personal purchases. The phone call was followed up with an email summarizing the incident reported.

March 18, 2014 CSD sends Notice of Concern to CHAMPS with a deadline to respond by March 21.

March 21, 2014 CHAMPS sends their response to Notice of Concern. April 9, 2014 CSD conducted phone conference with LAPD’s Detective Derr who

explained the details of his investigation and that the case was closed from a criminal standpoint.

TAB 2

WILLIAMS/VALENZUELA UNIFORM COMPLAINT QUARTERLY REPORT SUMMARY

3rd Quarter 2013/2014

DISTRICT NAME: Los Angeles Unified School District DATE: April 10, 2014 QUARTER COVERED BY THIS REPORT: January, February, and March 2014

Number of Complaints

Received in Quarter Number of

Complaints Resolved Number of

Complaints Unresolved Instructional Materials

2 2 0

Facilities 29

27 2

Teacher Vacancy and Misassignment

8 8 0

CAHSEE Intensive Instruction and Services

0 0 0

Totals

39 37

2

SUBMITTED BY: Julie Hall-Panameño TITLE: Director, Educational Equity Compliance Office

BOARD MEMBER RESOLUTIONS FOR ACTION

TAB 3

Mr. Kayser, Ms. Ratliff - Parkinson’s Awareness Month (Noticed April 8, 2014) Whereas, Parkinson’s disease is a progressive neurological movement disorder of the central nervous system, which has a unique impact on each patient; Whereas, There are over one million Americans diagnosed with Parkinson’s disease; Whereas, Although new medicines and therapies may enhance life for some time for people with Parkinson’s, more work is needed for a cure; Whereas, Increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson’s disease; Whereas, A multidisciplinary approach to Parkinson’s disease care includes local wellness, support, and caregiver groups; and Whereas, April has been proclaimed as World Wide Parkinson’s Awareness Month for all to recognize the need for more research and help in dealing with the devastating effects of Parkinson’s disease; now therefore, be it Resolved, That the Governing Board of Los Angeles Unified School District proclaim April as World Wide Parkinson’s Disease Awareness Month.

TAB 4

Dr. Vladovic, Ms. García – Recognizing April 2014 as Autism Awareness Month (Noticed April 8, 2014) Whereas, Autism is a spectrum disorder, which means no two people with autism are affected the same way, and it is a complex developmental disability that usually appears during the first three years of life and results in a neurological disorder that affects the functioning of the brain; Whereas, Autism knows no racial, ethnic or social boundaries and neither income, lifestyle nor education affects the occurrence, and it is estimated that 1.5 million people live with autism spectrum disorder in the United States; Whereas, Autism affects social interaction, and communication skills, and an average of 1 in 88 children are diagnosed with this spectrum disorder, and prevalence has increased 78% since the United States Centers for Disease Control and Prevention’s first study in 2007; Whereas, Early intervention and detection of autism can make a dramatic difference in a child’s ability to overcome challenges related to autism; Whereas, With support, people with autism can live full lives and make meaningful contributions to society; and Whereas, April 2, 2014, is known as “Light It Up Blue Day” which shines a light on Autism Awareness; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District acknowledges the month of April as Autism Awareness Month, and we pledge our support and encouragement to the assistance of all those affected by autism; Resolved further, That the Board remains committed to providing high quality intervention and support services for our children identified as having autism; Resolved further, That the Superintendent, at every April Board meeting, provide the LAUSD with an annual report that shares relevant information to the public about autism including our plan to educate parents and LAUSD staff on providing support services for children with autism; and be it finally Resolved, That the Superintendent, at every April Board meeting, provide an update on the programs that LAUSD offers for children who are living with autism and valuable information about the research based services that the district offers.

TAB 5

Ms. Ratliff, Ms. García, Dr. Vladovic – Teacher Appreciation Week 2014 (Noticed April 8, 2014) Whereas, Instruction and teachers are at the very heart of the Los Angeles Unified School District’s mission to provide our students with an education that prepares them to be college and career-ready; Whereas, Teachers are the drivers of educational high achievement towards the goal of 100 % graduation rates; Whereas, Teachers are more than purveyors of knowledge in the classroom, they also serve our students as role models and mentors; Whereas, Teachers positively impact the lives of students well beyond the classroom; and Whereas, The National Education Association and the National Parent Teacher Association have designated the week of May 5-9, 2014, as National Teacher Appreciation Week and May 6, 2014, as National Teacher Day; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District hereby recognizes and honors the contributions of teachers to quality education across the Los Angeles Unified School District; Resolved further, That the Los Angeles Unified School District hereby declares the week of May 5-9, 2014, as Teacher Appreciation Week; and be it finally Resolved, That the Los Angeles Unified School District hereby declares May 6, 2014, as National Teacher Day.

BOARD MEMBER RESOLUTIONS FOR INITIAL ANNOUNCEMENT

TAB 6

Ms. García - Celebrating Asian/Pacific American Heritage Month (For Action May 13, 2014) Whereas, In 1977, Congress introduced a House resolution to proclaim the first ten days of May as Asian/Pacific Heritage Week; Whereas, On October, 1978, President Jimmy Carter signed a joint resolution designating this as an annual celebration, which we now know as Asian-Pacific Heritage Week; Whereas, In 1990, May was chosen to commemorate the immigration of the first Japanese to the United States, which was on May, 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869, in which the majority of the workers who laid the tracks were Chinese immigrants; Whereas, In 1990 Congress voted to expand Asian-Pacific Heritage from a week to a month-long celebration and in May 1992, the month of May was permanently designated as Asian/Pacific American Heritage Month; Whereas, Studies have found that the academic needs of Asian American and Pacific Islander students are frequently overlooked; Whereas, Understanding Asian and Pacific Islander history is an important part of celebrating Asian and Pacific Islander Heritage Month; Whereas, Asian Americans and Pacific Islanders have contributed in significant ways to all aspects of society; Whereas, Asian Americans and Pacific Islanders have endured and overcome hardship and heartache. In the earliest years, tens of thousands of Gold Rush pioneers, coal miners, transcontinental railroad builders, as well as farm and orchard laborers, were subject to unjust working conditions, prejudice, and discrimination - yet they excelled; Whereas, Even in the darkness of the Exclusion Act and Japanese internment, Asian Americans and Pacific Islanders have persevered, providing for their families and creating opportunities for their children; Whereas, California is one of the states with the largest Asian American and Pacific Islanders’ population; and Whereas, In the Los Angeles Unified School District, 6.14% of the student population are identified as Asian, Filipino, or Pacific Islander; now therefore, be it Resolved, That the Board of Education of the City of Los Angeles proclaims May as the Asian/Pacific Islander Heritage Month and encourages all students, faculty, administrators, and parents to remember and celebrate the contributions that Asian and Pacific Islanders have made to California and the United States through various classroom projects; and be it finally

Resolved, That the Superintendent work with all schools of the Los Angeles Unified School District to recognize and celebrate Asian/Pacific American Heritage Month through culturally relevant activities and through in-depth discussions of historically relevant topics.

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Ms. García, Ms. Ratliff – Affirming our Commitment to the School Discipline Policy and School Climate Bill of Rights and Establishing May as School Climate Bill of Rights Awareness Month (For Action May 13, 2014) Whereas, The Los Angeles Unified School District is committed to closing the achievement gap by providing equitable access to a vigorous education that ensures all students will graduate from high school college-prepared and career-ready; Whereas, Student achievement begins with safe classrooms and a healthy environment that is conducive to learning and free from disruption; Whereas, On May 14, 2013, the Governing Board of the Los Angeles Unified School District adopted the School Discipline Policy and School Climate Bill of Rights Resolution that among other things, promotes alternatives to school suspensions; implements restorative justice strategies at schools; and builds upon LAUSD's implementation of the School-Wide Positive Behavior Interventions and Supports (SWPBIS) aimed at reducing suspensions, increasing attendance and academic achievement; Whereas, The Los Angeles Unified School District SWPBIS Task Force has shown continued partner support and demand for effective and efficient implementation of the 2013 School Discipline Policy and School Climate Bill of Rights resolution; Whereas, The White House has announced the My Brother’s Keeper Initiative and has specifically called for improving school climate and reversing zero-tolerance policies; Whereas, The Successful School Climate: Progressive Discipline and Safety Committee has heard testimony from students, teachers and administrators on how Positive Behavior and Interventions and Support (PBIS) and Restorative Justice (RJ) create an academically supportive environment in schools; Whereas, Youth, parents, and community organizations continue to work with LAUSD leadership on expanding the implementation of the School Discipline Policy and School Climate Bill of Rights Resolution, as well as working with the School Climate Committee and Discipline task force; Whereas, School Climate Bill of Rights Month is a vehicle to promote student empowerment, safety and wellness in our schools and offers an excellent opportunity to focus the energy, attention, commitment, and action of the entire educational community on ensuring students are engaged, healthy, and achieving; Whereas, The LAUSD is committed to helping students succeed academically without imposing negative life altering consequences that can further add to their likelihood to be part of the “school-to-prison-pipeline”;

Whereas, The Los Angeles School Police Department has continued to be a champion for reforms to end outdated approaches to discipline and punitive strategies for correcting inappropriate student behavior;

Whereas, LAUSD has been the trailblazer in California and San Francisco Unified School District and Fresno Unified School District have followed suit toward more mental health based approaches to correcting negative student behavior; Whereas, School Climate Bill of Rights Month is an opportunity for all students in LAUSD to deepen their educational experience and to strengthen their connection to the school’s culture; now, therefore, be it Resolved, That the Governing Board of the Los Angeles Unified School District affirms our commitment to the School Discipline Policy and School Climate Bill of Rights; Resolved further, That the Governing Board of the Los Angeles Unified School District establishes May as School Climate Bill of Rights Awareness Month; and be it finally, Resolved, That the Governing Board of the Los Angeles Unified School District directs the Superintendent to work with all schools to recognize and celebrate May as the School Climate Bill of Rights Awareness Month.