El Camino Real Charter High School

Minutes

Regular Board Meeting

Date and Time

Tuesday December 17, 2019 at 5:00 PM

Location

El Camino Real Charter High School, Library, 5440 Valley Circle Boulevard, Woodland Hills, CA 91367
REGULAR BOARD MEETING

For board meeting materials, please go to the school's main office, or call (818) 595-7500. Some board meeting materials are also posted in the school's website (https://ecrchs.net - click the ECR Board tab).

INSTRUCTIONS FOR PRESENTATIONS TO THE BOARD BY PARENTS AND CITIZENS

El Camino Real Alliance (“ECRA”) welcomes your participation at ECRA’s Board meetings. The purpose of a public meeting of the Board of Directors (“Board”) is to conduct the affairs of ECRA in public. Your participation assures us of continuing community interest in our charter school. To assist you in the ease of speaking/ participating in our meetings, the following guidelines are provided:

1. Agendas are available to all audience members at the door to the meeting.
2. “Request to Speak” forms are available to all audience members who wish to speak on any agenda items or under the general category of “Public Comments.” “Public Comments” is set aside for members of the audience to raise issues that are not specifically on the agenda. However, due to public meeting laws, the Board can only listen to your issue, not respond or take action. These presentations are limited to three (3) minutes and total time allotted to non-agenda items will not exceed thirty (30) minutes. A member of the public who requires the use of a translator, in order to receive the same opportunity as others to directly address the Board, shall have twice the allotted time to speak.  The Board may give direction to staff to respond to your concern or you may be offered the option of returning with a citizen-requested item.
3. You may also complete a “Request to Speak” form to address the Board on Agenda items. With regard to such agenda items, you may specify that agenda item on your “Request to Speak” form and you will be given an opportunity to speak for up to three (3) minutes before the item, and total time allocated to agenda items will not exceed six (6) minutes for a discussion item and nine (9) minutes per vote item.  A member of the public who requires the use of a translator, in order to receive the same opportunity as others to directly address the Board, shall have twice the allotted time to speak, and the total allocated time shall be appropriately increased as well. 
4. When addressing the Board, speakers are requested to adhere to the time limits set forth.  In order to maintain allotted time limits, the Board Chair may modify speaker time allocations or the total amount of allotted time for an item.
5. Any public records relating to an agenda item for an open session of the Board which are distributed to all, or a majority of all, of the Board members shall be available for public inspection at 5440 Valley Circle Blvd., Woodland Hills, California, 91367.

Consent Agenda: All matters listed under the consent agenda are considered by the Board to be routine and will be approved/enacted by the Board in one motion in the form listed below.  Unless specifically requested by a Board member for further discussion or removed from the agenda, there will be no discussion of these items prior to the Board votes on them.  The Executive Director recommends approval of all consent agenda items.

TELECONFERENCE LOCATIONS

Teleconferencing will be available at the following locations:

                ECR College & Career Independent Study Program
                7401 Shoup Avenue
                West Hills, California  91307

                REPS & Co.
                4141 Jutland Drive #300                                            
                San Diego, California  92117

                Private Residence
                25 Poospatuck Lane
                Mastic, New York  11950

Members of the public attending a meeting conducted via teleconference do not need to give their name when entering the conference call.

In compliance with the Americans with Disabilities Act (ADA) and upon request, El Camino Real Alliance may furnish reasonable auxiliary aids and services to qualified individuals with disabilities. Requests for disability related modifications or accommodations shall be made 24 hours prior to the meeting to Daniel Chang, in person, by email at d.chang@ecrchs.net, or by calling (818) 595-7537.

Directors Present

Beatriz Chen, Brian Archibald (remote), Darin Ryburn, Gregory Basile (remote), Jeff Davis, Scott Silverstein, Steven Kofahl

Directors Absent

Kenneth Lee

Guests Present

Alan Darby, Daniel Chang, David Hussey

I. Opening Items

A.

Call the Meeting to Order

Scott Silverstein called a meeting of the board of directors of El Camino Real Charter High School to order on Tuesday Dec 17, 2019 at 5:31 PM.

B.

Record Attendance and Guests

C.

Pledge of Allegiance

D.

Public Comments

Veronica Alcaraz, parent and co-president of Friends of ECR, spoke in favor of the Marketing and Communications Coordinator, in favor of continuing the Bus Pass program, and in favor of increasing the schedule of the Psychiatric Social Worker.
Helen Fouras, parent and co-president of Friends of ECR, spoke against the Resolution re Commitment to Enrolled Students, in favor of the Marketing and Communications Coordinator, and in favor of increasing the schedule of the Psychiatric Social Worker.  She also spoke regarding the Resolution re Board Vacancy asked that the seat be a Parent Representative.
Amy Carter, teacher, thanked the Board for supporting the safe storage resolution.  She also spoke in favor of the Bus Pass program, and in favor of increasing the schedule of the Psychiatric Social Worker.
Robert Atkins ceded his time to Letty Zane. 
Letty Zane, parent and  spoke against the Resolution re Commitment to Enrolled Students, and in favor of the Bus Pass program, increasing the schedule of the Psychiatric Social Worker, and hiring the Marketing and Communications Coordinator.
Kathrin Schrader, community member, spoke against the Resolution re Commitment to Enrolled Students.  
Zasha Endres, teacher and Intervention Coordinator, spoke in favor of continuing the Bus Pass program.

E.

Executive Director Update

Mr. Hussey reached out to LA Parks & Recreation's Aquatics division regarding access to a pool for ECR's swim and diving team.  Three options for use of a pool with Parks & Rec: a major budget item to be voted on by their board to open a pool for ECR's use; a joint use agreement, where the city and the school agree to open up a pool; or a permit to use a nearby pool, closest pool is at Cleveland High School.  Mr. Hussey will work on getting the cost for each of these options to see what the financial impact would be.
We are working on dedicating the IEP room for Diane Wynne, we are working on purchasing a memorial plaque for this.
We are waiting for a response from LAUSD regarding the CCTV installation, we have been waiting over a month for a quote.  Mr. Hussey noted he has reached out to Boardmember Schmerleson regarding getting a response.
Regarding the heating issue, LAUSD is getting another contractor because the prior contractor could not fix the problem.  The new contractor will be putting in a temporary fix, and then work on the issue over the winter break.  There is a dispute as to who is responsible for the cost to permanently repair this issue.
There was a fire down in the Alt Ed area.  LAUSD took a sample to see if there was any asbestos in the room, so all rooms in the Alt Ed area are now off limits until LAUSD responds.  We are looking to get the rent for the Alt Ed campus reimbursed since we cannot use any of the rooms there.
The end of the Fall semester is this Friday, December 20th.  Final exams start tomorrow. 
The new semester starts January 13th, a pupil-free day where professional development will take place.
This afternoon a $5,000 grant was received to assist students with disabilities in getting real world experiences and with colleges.
Summer school dates have been set for June 12 to July 24, 2020 (no school on July 3).  Transition to high school night will be on March 12th.  July 27 to July 31 will be Welcome Week, and new student orientation nights will be held July 27, 28 and 29.  

F.

Chief Business Officer Update

Mr. Darby stated that, as to the Prop 39 project, we will receive one final rebate of $118,852 at the end of January or February.
Regarding the Finance Committee, Mr. Darby stated he would assist in any way in order to make the meetings happen.
 

G.

Board Committee Updates

Travel Committee met and approved three requests:  the ABCA Baseball Coach's convention; the Robotics Team for a competition; and the Vocal Choir for a trip to Carnegie Hall to perform.
Tech Committee did not meet.
Safety Committee did not meet.  

II. Consent

A.

Approve Minutes of November 19, 2019 Regular Board Meeting

Darin Ryburn made a motion to approve the minutes from Regular Board Meeting on 11-19-19.
Beatriz Chen seconded the motion.
The board VOTED to approve the motion.
Roll Call
Steven Kofahl
Aye
Brian Archibald
Aye
Jeff Davis
Aye
Darin Ryburn
Aye
Kenneth Lee
Absent
Gregory Basile
Abstain
Scott Silverstein
Aye
Beatriz Chen
Aye

III. Financial

A.

Review and Vote on November Check Registers

Dr. Davis asked about oversight and review of the American Express expenditures.  Mr. Darby noted that Board members ask questions, and he will respond.  Also, Mr. Archibald noted that he does random audits on some of the expenditures, as does Mr. Silverstein.
Darin Ryburn made a motion to approve the November 2019 check registers.
Steven Kofahl seconded the motion.
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The board VOTED to approve the motion.
Roll Call
Scott Silverstein
Aye
Steven Kofahl
Aye
Darin Ryburn
Aye
Brian Archibald
Aye
Kenneth Lee
Absent
Jeff Davis
Aye
Beatriz Chen
Aye
Gregory Basile
Aye

B.

November 2019 Financial Update

The financial information was discussed during the course of the 1st Interim Financials.

C.

Review and Vote on 1st Interim Financials

Daniel Lee, CEO of ICON School Management, spoke regarding the Financials.  The State requires 4 reports:  the preliminary budget, which takes place in June; the 1st Interim Report due December 15th, which looks at the first 4 months of operations; the 2nd Interim Report due March 15th; and the Unaudited Actuals as of June 30th, which is due September 15th.
The 1st Interim Financials are based on estimates; the numbers will likely change by the end of the fiscal year.  The report uses the LAUSD-required SACS form, which is new this year. 
For Revenues, as of now we are expecting approximately $400,000 more in total revenue than originally budgeted, based on increase especially in Other Local Revenue.  
For Expenses, there is an increase in classified salaries, at least in part due to reclassifications of positions.  This may be due at least in part to certain positions having been misclassified previously.  But the bottom line is that there is an expected total income of approximately $450,000 by the end of the year.  And as enrollment is looking good, total income may increase further; we are at 150-180 more students than last year P1.
Darin Ryburn made a motion to approve the 1st Interim Financials.
Beatriz Chen seconded the motion.
The board VOTED to approve the motion.
Roll Call
Steven Kofahl
Aye
Beatriz Chen
Aye
Kenneth Lee
Absent
Jeff Davis
Aye
Brian Archibald
Aye
Darin Ryburn
Aye
Gregory Basile
Aye
Scott Silverstein
Aye

D.

Review and Vote on 2018-2019 Audit Report

Wade McMullen went over the required communication letter to the Board.  There were no weaknesses, deficiencies, or difficulties found.  
Mr. McMullen then went over the audit report itself.  The overall result is a negative, due to the long term liabilities of the lifetime benefits.  The Other Changes in Net Assets is due to the actuarial adjustments to the lifetime benefits.  
The Statement of Functional Expenses are what will show up on our Form 990 tax return.  There is an amount categorized as other expenses which are hard to characterize, primarily due to student activities/expenses.
Note 6 identifies that the State has been requiring increasing contributions to STRS and PERS, which Mr. McMullen believes will continue increasing as time goes by.  As to the lifetime benefits, the actuary has projected an obligation of $24M; as of the end of the 2018-19 fiscal year, we have funded $11.4M.  If we continue to put $220,000 a month into the plan, we could theoretically be fully funded in 5 years.
Regarding Note 3, Mr. McMullen would not suggest opening multiple smaller accounts in order to maximize FDIC insurance; he does not see any particular risks or exposure.
Darin Ryburn made a motion to approve the 2018-2019 Audit Report.
Jeff Davis seconded the motion.
The board VOTED to approve the motion.
Roll Call
Darin Ryburn
Aye
Jeff Davis
Aye
Gregory Basile
Aye
Scott Silverstein
Aye
Kenneth Lee
Absent
Beatriz Chen
Aye
Brian Archibald
Aye
Steven Kofahl
Aye

IV. School Business

A.

Discuss and Vote on Certification of Board Compliance Review

The Charter School Compliance Monitoring review was discussed.
Darin Ryburn made a motion to approve the Certification of Board Compliance Review.
Steven Kofahl seconded the motion.
The board VOTED to approve the motion.
Roll Call
Jeff Davis
Aye
Kenneth Lee
Absent
Darin Ryburn
Aye
Gregory Basile
Aye
Brian Archibald
Aye
Steven Kofahl
Aye
Beatriz Chen
Aye
Scott Silverstein
Aye

B.

Discuss and Possible Approval of Resolution on Commitment to Enrolled Students

This resolution only relates to students who have never attended ECR.  Any student who comes into our former attendance area and wants to attend ECR would be welcomed.  But for a student who attends a private school and who never has enrolled in ECR, ECR should not be required to hold assessments and IEPs for LAUSD.  LAUSD has a "gentleman's agreement" with the four conversion charter schools that says that, if a student who lives in our former attendance area needs to be privately placed, LAUSD would pay for the placement.  Currently, since we belong to LAUSD's SELPA, 20% of funds received for student services are paid to that SELPA.  
Mr. Hussey noted that LAUSD could be upset about the Resolution, and it may impact our charter renewal process.
Dr. Davis questioned for a typical example of how this process would work; Mr. Hussey stated that a student who has attended a private placement school for 1st through 8th grade needs to be assessed before entering 9th grade.  The student does not intend to enroll at ECR, but ECR is required to conduct the IEP because the student lives in our former attendance area. 
Emilie Larew, AP of Student Services, noted that this resolution would not impact any student for whom ECR currently conducts assessments or IEPs.  Taking the example previously given, ECR conducts the assessment and recommends non-public school (NPS); the parents/guardians must then work with LAUSD (not ECR) to agree on the appropriate NPS.  This process can take months, and if the parents/guardians disagrees with LAUSD's decision, the parents/guardians may bring a due process claim, and would likely name ECR in the claim.  For each such assessment/IEP, it costs ECR anywhere from $5,000 to $15,000; if a due process claim is filed, ECR is responsible for its own attorney costs.
Mr. Ryburn asked how many such students we had last year; Ms. Larew stated 7.  Of these 7, about half of them were placed in NPS because ECR could not provide the type of services they need.  We currently have 370 students with IEPs, which is approximately 20 more than we had last year.  And of those 7, some did file a due process claim and named ECR in the claim.
All 4 of the conversion charter schools are considering the same resolution; one has already passed the resolution, the other 2 want to further discuss and then bring the matter up again in January.
Mr. Silverstein stated that, from a fiduciary and legal point of view, he does not have enough information to make an informed decision at this time.  This includes getting an idea as to the total amount this current arrangement is costing ECR.  Mr. Silverstein believes more time is needed for the Board to do its own due diligence in order to understand this issue.

There was no motion made, so the matter is tabled until the next Board meeting.

C.

Discuss and Vote on Revised Classified Salary Management Table

Mr. Archibald asked why this was not 2 separate positions.  Mr. Hussey noted that we were still going to work with an outside marketing firm, and the position would work with stakeholders to communicate with the marketing firm.  
Mr. Archibald also questioned how the new position would be evaluated, to ensure that he/she is fulfilling the job duties and responsibilities.  Dr. Davis noted that, during the job posting and hiring process, a metric could be created to identify the specific standards to which the person will be held.  Dr. Davis advised that Ventura Unified School District had just hired an outstanding marketing person; perhaps Ventura Unified School District's marketing person could be part of the panel when interviews take place.  
Mr. Silverstein questioned whether the new position would be involved in applying for grants.  The current job description provides for overseeing grant writing, but it does not include experience in actually writing grants.  Mr. Hussey noted that perhaps this would require another position entirely.  
Jeff Davis made a motion to approve the revised Classified Management Salary Table.
Beatriz Chen seconded the motion.
The board VOTED to approve the motion.
Roll Call
Darin Ryburn
Aye
Gregory Basile
No
Beatriz Chen
Aye
Kenneth Lee
Absent
Brian Archibald
No
Jeff Davis
Aye
Scott Silverstein
Aye
Steven Kofahl
Aye

D.

Discuss and Vote on Continuing Bus Pass Program

Mr. Hussey noted that there are 144 students who have a bus pass this year who attended ECR last year.  Of these 144, 85 improved their attendance rate, and 23 maintained their attendance rate.  
Mr. Darby noted that the Board had previously voted to collect $2.50 from the reduced price students; currently, there are 42 students who are reduced price students.  Mr. Darby asked if the Board would consider waiving this amount.  
Darin Ryburn made a motion to approve continuing the Bus Pass Program for the Spring semester, including covering the entirety of the cost for free and reduced priced meal students.
Steven Kofahl seconded the motion.
The board VOTED to approve the motion.
Roll Call
Darin Ryburn
Aye
Kenneth Lee
Absent
Jeff Davis
Aye
Gregory Basile
Aye
Brian Archibald
Aye
Beatriz Chen
Aye
Scott Silverstein
Aye
Steven Kofahl
Aye

E.

Discuss and Vote on Increasing Psychiatric Social Worker's Schedule

Mr. Hussey noted that the Psychiatric Social Worker currently works three days a week, and we are seeking to increase her schedule to five days a week.  The cost would be $27,000 through the end of the spring semester.
Darin Ryburn made a motion to approve increasing the schedule of the Psychiatric Social Worker.
Steven Kofahl seconded the motion.
The board VOTED to approve the motion.
Roll Call
Jeff Davis
Aye
Darin Ryburn
Aye
Steven Kofahl
Aye
Beatriz Chen
Aye
Brian Archibald
Aye
Gregory Basile
Aye
Scott Silverstein
Aye
Kenneth Lee
Absent

V. Governance

A.

Discuss and Vote on Resolution re Board Vacancy

Mr. Hussey noted that Mr. Jose Cole Gutierrez texted a response last week saying that LAUSD is looking into filling the position and may do so by the start of the year.  Should LAUSD not fill the position, the position will continue in accordance with the Bylaws.  Letty Zane asked the Board to consider filling the position with a Parent representative, instead of the Classified representative.  Mr. Ryburn stated that he believed another Parent representative would be beneficial.  The motion was revised accordingly.
The position will be advertised immediately with a deadline of 5:00 pm, January 15, 2020.  The election will take place among the parents/guardians on January 20, 21 and 22.  The winner will be announced at the Board meeting on January 23rd, and the winning candidate will be installed at that meeting.
Darin Ryburn made a motion to approve the Resolution re Board Vacancy to create a new Parent representative Board position.
Beatriz Chen seconded the motion.
The board VOTED to approve the motion.
Roll Call
Beatriz Chen
Aye
Brian Archibald
Aye
Darin Ryburn
Aye
Kenneth Lee
Absent
Gregory Basile
Aye
Steven Kofahl
Aye
Scott Silverstein
Aye
Jeff Davis
Aye

VI. Closed Session

A.

Conference with Legal Counsel: Pending Litigation

Closed session took place.

B.

Conference with Labor Negotiators

Closed session took place.

C.

Conference with Labor Negotiators

Closed session took place.

VII. Reconvene to Open Session

A.

Report on Actions Taken in Closed Session, If Any

There were no actions to report.

VIII. Closing Items

A.

Adjourn Meeting

Beatriz Chen made a motion to adjourn the meeting.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.
There being no further business to be transacted, and upon motion duly made, seconded and approved, the meeting was adjourned at 8:36 PM.

Respectfully Submitted,
Scott Silverstein