2. Does the name “Valley Oak Charter” mean, if approved, the charter will be located at the closed Valley Oak site?
DJUSD: No. The name of the charter school has no connection to the charter school’s location, in the event the charter is approved. The Education Code only requires that the proposed charter school operate within the geographic boundaries of the district.
VOCS Response: The name, “Valley Oak Charter School” in fact has a very important connection to its location in two ways: (a) From the outset, the VOCS movement has been an effort to preserve a neighborhood school, and the proven outstanding performance of that site for that neighborhood population forms the core of the moral argument on which the charter work rests. We have identified the current site as our preferred location. (b) Section 47614 (b) of the Education Code provides the following:
Each school district shall make available, to each charter school operating in the school district, facilities sufficient for the charter school to accommodate all of the charter school’s in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district. Facilities provided shall be contiguous, furnished, and equipped, and shall remain the property of the school district. The school district shall make reasonable efforts to provide the charter school with facilities near to where the charter school wishes to locate, and shall not move the charter school unnecessarily. (emphasis added)
We will continue to work with the District to locate the charter school in a manner that is consistent with the vision of the charter and that is consistent with the District’s obligations under the law.
4. Do the teachers at the charter remain as part of the Davis District and their teacher’s union?
DJUSD: Whether teachers at the charter school will be employees of the District or employees of the charter school only is not yet determined. The District may require teachers who wish to work at the charter school to resign from their positions with the District. The prevailing practice among charter schools that are organized and operated independent of the public school district is that the teachers are not employees of the chartering district. The charter school must declare whether it shall be the exclusive public school employer of the school's employees for purposes of collective bargaining. The charter school teachers
must petition the charter school to recognize the teachers’ union as their exclusive representative in accordance with law.
VOCS Response: The Charter School Act requires that the charter include a declaration of who shall be the employer for the purposes of collective bargaining. The Valley Oak Charter declares that the employer shall be DJUSD, i.e. that charter school teachers will be employees of the District. The Davis Teachers Association collective bargaining agreement currently covers certificated employees of the District and would apply to the teachers at the charter school.
5. How is the charter able to pay for a laptop for each student?
DJUSD: This question can only be determined by analyzing the charter school’s proposed budget and financial projections.
VOCS Response: At no time has Valley Oak Charter School envisioned, planned for, or even privately discussed the possibility of providing a laptop computer for every student. To do so would be irresponsible and very counterproductive to the learning environment and vision of the school. Educational technology is not the equivalent of a laptop computer in front of every child. It is the capacity of a school to use the tools of technology to reach educational goals. Any decisions regarding technology, hardware, software and the means to bridge the digital divide must and will be made by those involved in using the educational technology deployed at the school (teachers, staff and parents) and will be within the budget parameters that exist at that time.
8. Would my child still have the choice to attend her neighborhood school if I change my mind?
DJUSD: Not necessarily. Your child would have the right to attend a school in the District, but if it is past the intent to enroll timeframe, the child would be placed as space is available. This could be the neighborhood school another school within the district depending upon available space. No student can be required to attend a charter school. District pupils who choose not to attend the charter school retain the right to attend a District school.
VOCS Response: Valley Oak Charter School, like every other school in the district, will have an enrollment period in which parents can enroll their child. In making a commitment to any site in the district and to any of the various programs, a change of mind by parents can result in a placement not of the parents’ choice. The existence of a charter school does not change the need for parents to assess their options carefully before making their choice.
And to clarify the concept of “neighborhood school”: Valley Oak Charter School will be giving enrollment preference to its traditional neighborhood students. If students enroll from outside of the neighborhood, they will be given placement in seats not taken by those neighborhood students during the defined enrollment period. Like any other DJUSD site, VOCS will not be able to take students beyond its capacity once its seats are filled, so it is important that parents make choices early. Magnet schools such as Valley Oak nearly always have waiting lists, so the need to make an early choice is particularly important.
10. Will students in the current Valley Oak attendance area have priority to attend the charter school, if it is approved?
DJUSD: No. The Education Code only provides an admission preference for all pupils who reside within the District. An admission preference for pupils who reside within the former attendance area of a public school only applies in the case of a “conversion charter school.” The District understands that the “Valley Oak Charter” does not propose a “conversion charter school.”
VOCS Response: The Education Code section 47605 (d) provides the following:
(1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or guardian, within this state, except that any existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
(2)(A) A charter school shall admit all pupils who wish to attend the school. (B) However, if the number of pupils who wish to attend the charter school exceeds the school's capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law. (C) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and, in no event, shall take any action to impede the charter school from expanding enrollment to meet pupil demand. (Emphasis added.)
We believe the Education Codes speaks for itself. We have tried to be clear with the District as to our intention to provide preference to those students living within the current Valley Oak Elementary School attendance area, partly in deference to the District’s desire to minimize the fiscal impact on the District. We will continue to work with the District toward that end.
While we appreciate the District’s effort to answer questions people may have regarding the Valley Oak Charter School petition, elements of the "Questions and Answers Fact Sheet" which may arguably be correct in a narrow technical sense, are incomplete, misleading or inaccurate from our perspective and in light of our charter now before the district. We believe the District’s ‘fact sheet’ can create more confusion than clarity if it is relied upon when reviewing the charter petition submitted to the district. Below we attempt to clarify points of possible confusion for the five questions with which we take serious issue. You may either scroll through the questions, or click on the specific question below:
