| Item Title: | Adopt Resolution 218/19-39 Authorizing a Request to the State Board of Education for Designation of an Alternative Local Educational Agency to Serve as the “Sponsoring Local Educational Agency,” as Defined In Education Code Section 47632, for Olive Grove Charter School – Santa Barbara (Jetté) | | Agenda Title: | Adopt Resolution 218/19-39 Authorizing a Request to the State Board of Education for Designation of an Alternative Local Educational Agency to Serve as the “Sponsoring Local Educational Agency,” as Defined In Education Code Section 47632, for Olive Grove Charter School – Santa Barbara (Jetté) | | Background: | In July 2018, the California State Board of Education (“SBE”) approved the charter for Olive Grove Charter School – Santa Barbara (“OGCS-SB”) on appeal from denials of the OGCS-SB charter by the Santa Barbara Unified School District Governing Board (“District”) and the Santa Barbara County Governing Board (“County”). In approving the OGCS-SB charter, the SBE did not designate a sponsoring local educational agency (“SLEA”) for OGCS-SB pursuant to Education Code section 47632(i). Education Code section 47632(i) defines the SLEA for charter schools granted by the SBE after having previously been denied by a local educational agency (“LEA”) as either the LEA designated by the SBE pursuant to Education Code section 47605(k)(1) or, if one is not designated, the LEA that initially denied the charter petition. Education Code section 47605(k)(1) provides that the SBE may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the SBE to any LEA in the county in which the charter school is located or to the governing board of the school district that first denied the petition. Accordingly, the District, as the LEA that initially denied the charter, became OGCS-SB’s SLEA. As such, Education Code section 47635 requires the District, as OGCS-SB’s SLEA, to annually transfer in lieu of property taxes (“ILPT”) to OGCS-SB. As a basic aid district, the District is only entitled to partial reimbursement of any transfers of ILPT to OGCS-SB to the extent that any student attending OGCS-SB is an out-of-district student from a state aid district. Given the substantial amounts ILPT transfers owed to OGCS-SB, which will only increase with OGCS-SB’s projected increases in student enrollment, the District’s obligation to transfer ILPT to OGCS-SB’s poses a substantial financial challenge to the District and its ability to deliver instructional services to its students. Education Code section 47632(i) allows the SBE to designate an LEA to be OGCS-SB’s SLEA pursuant to Education Code section 47605(k)(1). Thus the District seeks to request that the SBE exercise this authority in designating another LEA to be OGCS-SB’s SLEA. | | Recommendation: | Staff recommends that the Governing Board adopt the resolution authorizing the filing of a request for the SBE to designate an LEA to serve as OGCS-SB’s SLEA. | | Resource Person: | Meg Jetté, Asst. Supt. of Business Services | | Fiscal Impact: | Dependent on action taken by the District Board. | | Funding Source: | |
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