TRUSD ABC10 Response Nov. 2, 2023

Nov.
2, 2023
Ms. Judson,
Thank you for your inquiries regarding the Highlands Community Charter School (HCCS), authorized by
the Twin Rivers Unified School District. Below we provide a statement in response that answers your
questions. To clarify, some of the questions seem to reflect a misunderstanding of a charter
authorizer’s legal authority regarding oversight, so we did include some information in Reporter’s
Notes regarding the statutes that guide this work in California. If you have follow-up questions, please
feel free to send them directly to me.
Statement
The Highlands Community Charter School has the honorable purpose of educating adult learners, ages
22 and older, who are predominantly from underserved populations and seek to increase their
education level and employment opportunities. While the oversight responsibilities of charter
authorizers are specified in law, I am pleased to share that our District strives to go above and beyond
those requirements when reviewing charter operations and supporting the teaching and learning taking
place in HCCS classrooms.
Simply put, our oversight exceeds the legal requirements for charter authorizers.
Because this charter school educates adult learners who often are working parents, have jobs to
support families, are English Learners, and may not have much, if any, formal education, the academic
standards and measurements used to evaluate academic performance and progress are formulated to
meet this population’s distinct needs and facilitate a meaningful educational experience. These metrics
function as an alternative to those used in the state’s academic accountability system for K-12 public
schools, including charter schools. In fact, traditional measures applied to K-12 schools are not available
to adult education programs nor would they be appropriate.
Additionally, we continually monitor changes in the law and recommended oversight practices to
ensure that our operational oversight is compliant. We are now in the process of conducting a fiscal and
operational review of our District’s charter school oversight work, and expect that staff will be
recommending efforts to amplify our work in this area.
Questions/Responses
Oversight – Responsibilities and Legal Parameters

State law requires charter authorizers to identify at least one staff member as a contact person for each
charter school; visit each charter school at least annually; ensure that each charter school complies with
all of its state reporting requirements, including the adoption of an annual budget, preparation of
required interim financial reports, and development of a local control accountability plan and annual
updates; and monitor the fiscal condition of each charter school.
To this end, TRUSD continues to meet its obligations under the law with regard to charter oversight,
including its oversight of HCCS. In fact, the District’s oversight work goes well beyond the minimum
requirements detailed in the statute. The District prepares and publicly presents comprehensive annual
reports on each of its authorized charter schools—the development of which are based on multiple staff
site visits each year, classroom observations, review and analysis of student enrollment, attendance
and financial data, comprehensive review and feedback of Local Control and Accountability Plan and
evaluation of student growth outcomes. The District also interviews charter school officials, asking
targeted questions, and, overall, engages in a holistic review of charter operations.
For this work, all authorizing school districts and county offices of education in the state are entitled to
collect from each charter school for which they provide oversight, funds to cover the related costs, up
to 1% of the charter school’s annual revenue. This does not present a conflict but is rather an
acknowledgement by the legislature of the costs incurred by authorizers to implement these additional
duties.
Oversight – Supervision of Charter Operations

It is important to understand that it is not within the authority of a charter authorizer to direct day-to-
day operations. Under the law, comprehensive charter school oversight does not require or expect daily
supervision or evaluation of charter operations. HCCS is an independent charter school that is
responsible for adhering to its approved charter and all applicable laws and regulations governing
charter schools. HCCS leaders are thus entitled by law to exercise discretion with regard to how the
charter school will accomplish its stated goals and align its expenditures. To the extent this includes
expansion to additional resource center locations, expenditures for professional development
opportunities, or other expenses, as long as they are permissible under the law and the charter school is
in a position to cover them within its budget, the authorizer does not possess the authority to override
the charter school’s operational or financial decisions or otherwise substitute its judgment for that of
the charter school’s leaders.
Oversight – Addressing Complaints

As to your assertion that there are internal issues concerning the management style and/or perceived
pressures on HCCS staff to engage in fraudulent activities, the District simply has not been presented
with any formal complaints of this nature and questions concerning many of the issues you cite have
been resolved such that the District has no information which would give rise to heightened or
continued concern. The District’s annual review and analysis of HCCS financial data, as well as
enrollment and attendance reporting, further provides no indication of the existence of any concerns
regarding fraud. As with many organizations, we are aware that there may be those who feel
compelled, for whatever reason, to make allegations and cultivate chaos and distrust in an effort to
undermine the organization and/or its leaders; however, the District simply has no information that
would suggest that any such concerns are warranted.
The District also does not have any information regarding unlawful discrimination, harassment,
conflicts of interest, illegal hiring practices, or any other related personnel issues at HCCS. The issues
you referenced from the 2018 FCMAT audit report were comprehensively addressed in the HCCS
charter renewal petition, which was presented to, and approved by, the District’s Board of Trustees in
2019. However, should any such complaints or concerns be submitted to the District, they would be
referred back to HCCS for investigation and resolution consistent with HCCS policies, including legally
mandated Uniform Complaint Procedures.
Oversight – Charter School Staffing
HCCS, as a condition of its receipt of state funding, must ensure that appropriately credentialed
teachers are delivering instruction to its students. Please note: Credentialing requirements for adult
programs differ from those applicable to K-12 schools. In addition, charter school administrators are
not subject to the same credentialing requirements as administrators in traditional public schools.
Charter schools risk the loss of state funding for any misassignments or failures to staff classes with
teachers that possess required credentials. As the authorizer, the District does not manage or direct
HCCS personnel decisions, whether that be employee qualifications or compensation levels, nor does
the District have any information that any current concerns in this area exist.
Oversight – Curriculum and Instruction

Other topics you have questioned relate to HCCS curriculum and programmatic rigor. A review of the
approved HCCS charter petition clearly sets forth the curriculum and instructional practices the charter
school is implementing in connection with its various programs. Annual review and oversight activities
of District staff and data provided by HCCS verifies that they are implementing the instructional model
as described. However, given the population of adult learners who are served by HCCS, as well as the
alternative nature of its programs, challenges associated with conducting assessments are not
unexpected. This is precisely why HCCS relies heavily on CASAS (Comprehensive Adult Student
Assessment Systems) given the charter school’s robust English Language Development program.
When HCCS seeks renewal of its charter, the District will be undertaking a comprehensive review and
analysis of the charter school’s academic performance, consistent with the requirements of the law.
Response To Allegations of TRUSD Board Member Fowler's Alleged Conflict of Interest

TRUSD takes any allegation of ethical impropriety very seriously. To date, we are not aware that Board
Member Fowler has participated in any TRUSD Board actions pertaining to HCCS in violation of the law.
In the event the District is alerted to any potential conflict of interest relative to Board Member Fowler,
or any other member of the TRUSD Board, the District will respond appropriately to ensure legal
compliance.
Reporter’s Notes:
Charter Authorizer Oversight Responsibilities – Ed Code 47604.32

Required Annual Reports from Charter Schools – Ed Code 47604.33
Supervisorial Oversight Charge for Costs – Ed Code 47613

TRUSD ABC10 Response Nov. 2, 2023

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TRUSD ABC10 Response Nov. 2, 2023

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Nov.

Oversight – Responsibilities and Legal Parameters

Oversight – Supervision of Charter Operations

Oversight – Addressing Complaints

Oversight – Curriculum and Instruction

Response To Allegations of TRUSD Board Member Fowler's Alleged Conflict of Interest

Charter Authorizer Oversight Responsibilities – Ed Code 47604.32

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