This Cadet Suspension and Expulsion Policy has been established in order to promote learning and protect the safety and well being of all cadets at the Oakland Military Institute (“OMI”). When the policy is violated, it may be necessary to suspend or expel a cadet from regular classroom instruction. This policy shall serve as OMI’s policy and procedures for cadet suspension and expulsion, and it may be amended from time to time without the need to amend the charter so long as the amendments comport with legal requirements.
Suspended or expelled cadets shall be excluded from all school and school-related activities, including Saturday School, unless otherwise agreed during the period of suspension or expulsion.
A cadet identified as an individual with disabilities or for whom OMI has a basis of knowledge of a suspected disability pursuant to the Individuals with Disabilities Education Improvement Act of 2004 (“IDEIA”) or who is qualified for services under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is subject to the same grounds for suspension and expulsion and is accorded the same due process procedures applicable to regular education cadets except when federal and state law mandates additional or different procedures. OMI will follow all applicable federal and state laws when imposing any form of discipline on a cadet identified as an individual with disabilities or for whom OMI has a basis of knowledge of a suspected disability or who is otherwise qualified for such services or protections in according due process to such cadets.
Alternatives to Suspension
In suspension cases which do not involve “enumerated offenses,” it is at the discretion of the Commandant and/or Dean of Students to offer alternatives to suspension at the suspension conference. Alternatives may include school or community service, campus clean up duties, Saturday School, and/or in-house suspension. Alternatives may also include additional tasks such as research on the dangers of particular offenses, the creation of Public Service Announcements/posters/presentations regarding cadet misconduct, and counseling/mentoring sessions.
A. Grounds for Suspension and Expulsion of Cadets A cadet may be suspended or expelled for prohibited misconduct if the act is related to school activity or school attendance occurring at anytime including but not limited to: a) while on school grounds; b) while going to or coming from school; c) during the lunch period, whether on or off the school campus; d) during, going to, or coming from a school-sponsored activity.
B. Enumerated Offenses
Cadets may be suspended and/or expelled for any of the following acts when it is determined the cadet:
Caused, attempted to cause, or threatened to cause physical injury to another person or willfully used force or violence upon the person of another, except self-defense.
Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object, including a laser pen or device or an incendiary device such as matches or a lighter, unless, in the case of possession of any object of this type, the cadets had obtained written permission to possess the item from a certificated school employee, with the Commandant or Dean’s concurrence.
Unlawfully possessed, used, sold or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code 11053-11058, any illegal substance, alcoholic beverage, or intoxicant of any kind.
Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11058, any illegal substance, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, alcoholic beverage or intoxicant.
Committed or attempted to commit robbery or extortion.
Caused or attempted to cause damage to school property or private property.
Stole or attempted to steal school property or private property.
Possessed or used tobacco or any products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel.
Committed an obscene act or engaged in habitual profanity or vulgarity.
Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5 or Salvina Divinorum as noted in section 379 of the California Penal Code. Salvina Divinorum is also known by the street names as “Serenity” or “K2.”
Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties. Willful defiance shall include accumulating excessive demerits in a school year.
Knowingly received stolen school property or private property.
Possessed an imitation firearm, i.e.: a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
Committed or attempted to commit a sexual assault as defined in Penal code 261, 266c, 286, 288, 288a or 289, or committed a sexual battery as defined in Penal Code 243.4.
Harassed, threatened, or intimidated a cadet who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that cadet from being a witness and/or retaliating against that cadet for being a witness.
Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
Engaged in or attempted to engage in hazing of another.
Aiding or abetting as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person.
Made terrorist threats against school officials and/or school property.
Committed sexual harassment.
Caused, attempted to cause, threatened to cause, or participated in an act of hate violence.
Intentionally harassed, threatened or intimidated a cadet or group of cadets to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading cadet rights by creating an intimidating or hostile educational environment.
Engaged in an act of bullying, threat, harassment, or intimidation, including but not limited to bullying committed by means of an electronic act. (Defined as transmission of a communication, including but not limited to a message, text, sound, or image by means of an electronic device, including but not limited to a telephone, wireless telephone or other wireless communication device, computer, or pager).
Continued failure to comply with the military requirements of the Institute, including but not limited to repeated failure to wear the proper uniform, refusal to comply with established grooming standards, failure to display military courtesy, or failure to achieve the minimum requirements for promotion from “pledge” to cadet during the first semester of enrollment at OMI.
Violated the Cadet Code of Honor by an egregious act of disrespect, lying, cheating, or stealing.
Was found guilty of a misdemeanor or felony for an offense which occurred in conjunction with school operations or the cadet coming to or going from school, and which, in the opinion of the school, would bring discredit on the cadet or the school or would endanger the health and safety of members of the school community.
C. Suspension Procedures Suspensions shall be initiated according to the following procedures:
Suspension shall be preceded, if possible, by a conference conducted by the Commandant or the Dean with the cadet and his or her parent and, whenever practical, the teacher, supervisor or school employee who referred the cadet to the Commandant or Dean. The conference may be omitted if the Commandant or dean determines that an emergency situation exists. An “emergency situation” involves a clear and present danger to the lives, safety or health of cadets or school personnel. If a cadet is suspended without this conference, both the parent/guardian and cadet shall be notified of the cadet’s right to return to school for the purpose of a conference.
At the conference, the cadet shall be informed of the reason for the disciplinary action and the evidence against him or her and shall be given the opportunity to present his or her version and evidence in his or her defense.
This conference shall be held within two school days, unless the cadet waives this right or is physically unable to attend for any reason including, but not limited to, incarceration or hospitalization. No penalties may be imposed on a cadet for failure of the cadet’s parent or guardian to attend a conference with school officials. Reinstatement of the suspended cadet shall not be contingent upon attendance by the cadet’s parent or guardian at the conference.
Suspension Notice to Parents/Guardians
At the time of suspension, the Commandant or Dean shall make a reasonable effort to contact the parent/guardian by telephone or in person. Whenever a cadet is suspended, the parent/guardian shall be notified in writing of the suspension and the date of return following suspension. This notice shall state the specific offense committed by the cadet. In addition, the notice may also state the date and time when the cadet may return to school. If school officials wish to ask the parent/guardian to confer regarding matters pertinent to the suspension, the notice may request that the parent/guardian respond to such requests without delay.
Suspension Time Limits/Recommendation for Expulsion
Suspensions, when not including a recommendation for expulsion, shall not exceed five (5) consecutive school days per suspension.
Upon a recommendation of Expulsion by the Dean, the cadet and the cadet’s guardian or representative will be invited to a conference to determine if the suspension for the cadet should be extended pending an expulsion hearing. This determination will be made by the Dean upon either of the following determinations: 1) the cadet’s presence will be disruptive to the education process; or 2) the cadet poses a threat or danger to others. Upon either determination, the cadet’s suspension will be extended pending the results of an expulsion hearing.
A cadet may be expelled by the OMI Superintendent upon the recommendation of the Discipline Board. The Discipline Board will consist of at least three members who are certificated and neither a teacher of the cadet nor a member of the OMI’s Governing Board. The Discipline Board may recommend expulsion of any cadet found to have committed an expellable offense or any cadet who has accumulated 40 or more demerits or an excessive number of demerits at first quarter (10 or more), second quarter (20 or more), or third quarter (30 or more)..
Cadets recommended for expulsion either due to the accumulation of 40 or more demerits or for an offense outlined in this section are entitled to a hearing to determine whether the cadet should be expelled. Unless postponed for good cause, a Discipline Board Hearing shall be held within thirty (30) school days after the Dean determines that the Cadet has committed an expellable offense or accumulated 40 or more demerits or an excessive number of demerits as noted above.
The Discipline Board will make a recommendation to the OMI Superintendent for a final decision whether to expel. The Discipline Board Hearing shall be held in closed session unless the cadet makes a written request for a public hearing three (3) days prior to the hearing.
Written notice of the Discipline Board Hearing shall be forwarded to the cadet and the cadet’s parent/guardian at least ten (10) calendar days before the date of the hearing. Upon mailing the notice, it shall be deemed served upon the cadet. The notice shall include the date and place of the Discipline Board Hearing as well as the following:
a statement of specific facts, charges and offenses upon which the proposed expulsion is based
a copy of OMI’s disciplinary rules which relate to the alleged violation
Notification of the cadet’s or parent/guardian’s obligation to provide information about the cadet’s status at the school to any other school district or school to which the cadet seeks enrollment;
The opportunity for the cadet or the cadet’s parent/guardian to appear in person or to employ and be represented by counsel or a non-attorney advisor;
The right to inspect and obtain copies of all documents to be used at the hearing;
The opportunity to confront and question all witnesses who testify at the hearing;
The opportunity to question all evidence presented and to present oral and documentary evidence on the cadet’s behalf including witnesses.
OMI may, upon finding a good cause, determine that the disclosure of either the identity of the witness or the testimony of that witness at the hearing, or both, would subject the witness to an unreasonable risk of psychological or physical harm. Upon this determination, the testimony of the witness may be presented at the Discipline Board Hearing in the form of sworn declarations which shall be examined only by the OMI Discipline Board. Copies of these sworn declarations, edited to delete the name and identity of the witness, shall be made available to the cadet.
Special Considerations for Sexual Assault or Battery Cases:
The complaining witness in any sexual assault or battery case must be provided with a copy of the applicable disciplinary rules and advised of his/her right to (a) receive five days notice of his/her scheduled testimony, (b) have up to two (2) adult support persons of his/her choosing present in the hearing at the time he/she testifies, which may include a parent, guardian, or legal counsel, and (c) elect to have the hearing closed while testifying.
OMI must also provide the victim a room separate from the hearing room for the complaining witness’ use prior to and during breaks in testimony.
At the discretion of the person or panel conducting the hearing, the complaining witness shall be allowed periods of relief from examination and cross-examination during which he or she may leave the hearing room.
The person conducting the Discipline Board Hearing may also arrange the seating within the hearing room to facilitate a less intimidating environment for the complaining witness.
The person conducting the Discipline Board Hearing may also limit time for taking the testimony of the complaining witness to the hours he/she is normally in school, if there is no good cause to take the testimony during other hours.
Prior to a complaining witness testifying, the support persons must be admonished that the Discipline Board Hearing is confidential. Nothing in the law precludes the person presiding over the hearing from removing a support person whom the presiding person finds is disrupting the hearing. The person conducting the
hearing may permit any one of the support persons for the complaining witness to accompany him or her to the witness stand.
If one or both of the support persons is also a witness, OMI must present evidence that the witness’ presence is both desired by the witness and will be helpful to OMI. The person presiding over the Discipline Board Hearing shall permit the witness to stay unless it is established that there is a substantial risk that the testimony of the complaining witness would be influenced by the support person, in which case the presiding official shall admonish the support person or persons not to prompt, sway, or influence the witness in any way. Nothing shall preclude the presiding officer from exercising his or her discretion to remove a person from the hearing whom he or she believes is prompting, swaying, or influencing the witness.
The testimony of the support person shall be presented before the testimony of the complaining witness and the complaining witness shall be excluded from the hearing room during that testimony.
Especially for charges involving sexual assault or battery, if the Discipline Board Hearing is to be conducted in the public at the request of the cadet being expelled, the complaining witness shall have the right to have his/her testimony heard in a closed session when testifying at a public meeting would threaten serious psychological harm to the complaining witness and there are not alternative procedures to avoid the threatened harm. The alternative procedures may include videotaped depositions or contemporaneous examination in another place communicated to the hearing by means of closed-circuit television.
Evidence of specific instances of a complaining witness’ prior sexual conduct is presumed inadmissible and shall not be heard absent a determination by the person conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before such a determination regarding extraordinary circumstances can be made, the witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose.
Record of Discipline Board Hearing
A record of the Discipline Board Hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.
Presentation of Evidence
While technical rules of evidence do not apply to Discipline Board Hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A recommendation by the Discipline Board to expel must be supported by substantial evidence that the cadet committed an expellable offense or accumulated 40 or more (or an excessive number of) demerits.
Findings of fact shall be based solely on the evidence at the hearing. While hearsay evidence is admissible, no decision to expel shall be based solely on hearsay and sworn declarations may be admitted as testimony from witnesses of whom the OMI Discipline Board determines that disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.
If, due to a written request by the accused cadet, the hearing is held at a public meeting, and the charge is committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public.
The decision of the Discipline Board shall be in the form of written findings of fact and a written recommendation to the OMI Superintendent who will make a final determination regarding the expulsion. The final decision by the OMI Superintendent shall be made within ten (10) school days following the conclusion of the hearing. The Decision of the OMI Superintendent is final. Appeals of the Superintendent’s decision to expel may be made in writing within 10 days.
The scope of the review of the Board shall be limited to the following questions:
Whether OMI acted without or in excess of its jurisdiction;
Whether there was a fair hearing;
Whether there was a prejudicial abuse of discretion in the hearing; and
Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing.
Such appeals must be submitted to the Superintendent and will be heard at the next scheduled meeting of the OMI Governing Board or Board Operations Committee. The cadet shall be considered expelled and not permitted to return to OMI during an appeal process.
If the Discipline Board decides not to recommend expulsion, the cadet shall immediately be returned to his/her educational program and may be mandated to comply with the provisions of strict disciplinary probation.
The Dean, following a decision of the OMI Superintendent to expel, shall send written notice of the decision to expel, including the OMI Superintendent’s findings of fact, to the cadet or parent/guardian. This notice shall also include the following:
Notice of the specific offense committed by the cadet
Notice of the cadet’s or parent/guardian’s obligation to inform any new district in which the cadet seeks to enroll of the cadet’s status with OMI.
The Dean shall send a copy of the written notice of the decision to expel to the cadet’s district of residence. This notice shall include the following:
The cadet’s name
The specific expellable offense committed by the cadet
Disciplinary Records - OMI shall maintain records of all cadet suspensions and expulsions at OMI. Such records shall be made available to the Oakland Unified School District upon request.
No Right to Appeal - The cadet shall have no additional right of appeal from expulsion from OMI other than the OMI Governing Board as specified above.
Expelled Cadets/Alternative Education - Cadets who are expelled shall be responsible for seeking alternative education programs including, but not limited to, programs within the County or their school district of residence.
Rehabilitation Plans - Cadets who are expelled from OMI shall be given a rehabilitation plan upon expulsion as developed by the OMI Superintendent at the time of the expulsion order, which may include, but is not limited to, periodic review as well as assessment at the time of review for readmission. The rehabilitation plan should include a date not later than one (1) year from the date of expulsion when the cadet may reapply to OMI for readmission.
Readmission - The decision to readmit a cadet or to admit a previously expelled cadet from another school district or charter school shall be in the sole discretion of the OMI Superintendent following a meeting with the Dean and the cadet and guardian or representative to determine whether the cadet has successfully completed the rehabilitation plan and to determine whether the cadet poses a threat to others or will be disruptive to the school environment. The Dean shall make a recommendation to the OMI Superintendent following the meeting regarding his or her determination. The cadet’s readmission is also contingent upon OMI’s capacity at the time the cadet seeks readmission.
Special disciplinary considerations for Special Education Students and Students With 504 Plans
All cadets with an IEP or a 504 plan will be allowed to reconcile all demerits determined to be a manifestation of their disabilities at the discretion of the Dean of Students in consultation with the Educational Specialist and/or IEP/504 Team and/or the Director of Instruction. In cases where a parent determines that a demerit was issued for a behavior or action that the parent believes is a manifestation of the cadet’s disability as outlined in the IEP or 504 plan, the parent can request a meeting with the Dean of Students and/or the IEP/504 team and/or the Educational Specialist to collaboratively decide whether the demerit should be categorized as a manifestation and authorized for demerit decrement. In cases where a student is in the process of being assessed for an IEP or 504, the administration and parent will work collaboratively to determine the appropriateness of allowing a student to reconcile demerits.
Business Matters, Reporting
OMI is a wholly separate and independent entity from OUSD. OMI receives funding in accordance with Education Code § 47630 et seq., and applicable federal law. OMI may receive its funding directly from the state or through any other available mechanism. Any funds due to OMI that flow through OUSD will be promptly forwarded to OMI in accordance with law. OMI and OUSD may choose to negotiate in good faith on an annual basis to develop a memorandum of understanding that establishes the specific financial and service relationship between the two parties. OUSD will be reimbursed its actual costs up to 1 % of the revenue of OMI (defined in accordance with Education Code § 47613(a) through (f)) for supervision and oversight costs. “Revenue” is defined by Education Code § 47613(f) as the general purpose entitlement and categorical block grant, as defined in subdivisions (a) and (b) of Education Code § 47632. OUSD will provide and/or perform the supervisory oversight tasks and duties specified by Education Code § 47604.32 and/or necessitated by this Charter. These supervisory oversight services also include, but are not necessarily limited to, the following:
Good faith efforts to develop any needed additional agreements to clarify or implement the Charter.
Regular review, analysis, and dialogue regarding the annual performance report of the school.
Monitoring of compliance with the terms of this Charter and related agreements.
Good faith efforts to implement the dispute resolution and related processes described in Section IX of this Charter.
Timely and good faith review of requests to renew or amend this Charter as permitted under law.
Fiscal Strength and Support OMI has significant financial strength. This strength includes strong financial reserves of almost $1.7 million as of June 30, 2013. OMI’s fiscal responsibility, efficient accounting practices and policies, and timely reporting to state and local entities is clearly evident in the seven years of clean audits. OMI’s five-year financial plan is well developed and conservative in its approach.
Insurance OMI secures and maintains commercially reasonable general liability, workers’ compensation, and other necessary insurance coverage. OMI secures and maintains, at a minimum, insurance as set forth below to protect OMI from claims that may arise from its operations:
Workers’ Compensation Insurance in accordance with provisions of the California Labor Code, adequate to protect OMI from claims under Workers’ Compensation Acts, which may arise from its operations;
General Liability, Comprehensive Bodily Injury, and Property Damage Liability for combined single limit coverage of not less than $2,000,000 for each occurrence.
(These amounts may be increased upon recommendation of the Insurer or as required by agreement between OUSD and OMI.) OMI maintains adequate property and liability insurance. Administrative Services As necessary, OMI may contract for administrative services with service providers as appropriate. Audits “The manner in which an annual, independent financial audit shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.”
– California Education Code § 47605(b)(5)(I)
An annual independent fiscal audit of the books and records of OMI is conducted as required under Education Code §§ 47605(b)(5)(I) and 47605(m). The books and records of OMI are kept in accordance with generally accepted accounting principles, and as required by applicable law and the audit will employ generally accepted accounting procedures. The audit will be conducted in accordance with applicable provisions within the California Code of Regulations governing audits of charter schools as published in the State Controllers Audit Guide. The Board selects an independent financial auditor from the list of education auditors approved by the State Controller’s Office. The Board may use an audit committee to advise the Board. The auditor will have, at a minimum, a CPA and educational institution audit experience and approved by the State Controller on its published list as an educational audit provider. It is routine that the annual audit is completed within four months of the close of the fiscal year and that a copy of the auditor’s findings is forwarded to OUSD, the County Superintendent of Schools, the State Controller, and to the CDE by the 15th of December of each year. A review of each year’s audit occurs at a Board meeting. Copies of each audit are available on request to parents and any other community member. The Superintendent reviews any audit exceptions or deficiencies (none to date) and reports to the Board with recommendations on how to resolve them. The Board would, in that case, submit a report to OUSD describing how the exceptions and deficiencies have been orwill be resolved to the satisfaction of OUSD along with an anticipated timeline for the same. Any disputes regarding the resolution of audit exceptions and deficiencies will be referred to the dispute resolution process referenced in Section VIII of this Charter. The independent fiscal audit of OMI is public record and will be provided to the public upon request. To the extent that OAKLAND MILITARY INSTITUTE is a recipient of federal funds, including federal Title I, Part A funds, OAKLAND MILITARY INSTITUTE has agreed to meet all of the programmatic, fiscal and other regulatory requirements of the No Child Left Behind Act and other applicable federal grant programs. OAKLAND MILITARY INSTITUTE agrees that it will keep and make available to the District any documentation necessary to demonstrate compliance with the requirements of the No Child Left Behind Act and other applicable federal programs, including, but not limited to, documentation related to required parental notifications, appropriate credentialing of teaching and paraprofessional staff, where applicable, or any other mandated federal program requirement. The mandated requirements of NCLB include, but are not the limited to, the following:
Notify parents at the beginning of each school year of their “right to know” the professional qualifications of their child’s classroom teacher including a timely notice to each individual parent that the parent’s child has been assigned, or taught for four or more consecutive weeks by, a teacher who is not highly qualified.
Develop jointly with, and distribute to, parents of participating children, a school-parent compact.
Hold an annual Title I meeting for parents of participating Title I students.
Develop jointly with, agree on with, and distribute to, parents of participating children a written parent involvement policy.
OAKLAND MILITARY INSTITUTE also understands that as part of its oversight of the school, the Office of Charter School may conduct program review of federal and state compliance issues.
In accordance with Education Code § 47604.3, OMI will promptly respond to all reasonable inquires of the chartering agency. OMI recognizes the right of the chartering agency to inspect or observe any part of OMI at any time. For the last seven years OMI has received unqualified, positive fiscal and compliance audits from a highly qualified firm.
Budgets Governing Law: The petitioner or petitioners shall also be required to provide financial
statements that include a proposed first year operational budget, including startup costs, and cash flow and financial projections for the first three years of operation.
– California Education Code § 47605(g)
OMI has submitted budget projections including multi year budget projections to Oakland Unified as part of its ongoing fiscal due diligence.
These documents are based upon certain projected enrollments for the five years. The documents are also based on the best estimates of revenues and costs available to the Charter School at this time. Financial Reporting OMI provides reports to OUSD as follows in accordance with Education Code Section 47604.33 and provides additional fiscal reports as requested by OUSD:
September 1 – Final Unaudited Financial Report for Prior Year
December 1 – Final Audited Financial Report for Prior Year
December 1 – First Interim Financial Report for Current Year
March 1 – Second Interim Financial Report for Current Year
June 15 – Preliminary Budget for Subsequent Year
OAKLAND MILITARY INSTITUTE will make every effort to meet the above District deadlines, but in no case shall OMI submit the required documents later than required by applicable state statutes.
OMI will maintain appropriate records. OMI will be operated in accordance with generally accepted accounting principles (“GAAP”).
Potential CIVIL LIABILITY
“Potential civil liability effects, if any, upon the school and upon the District.” – California Education Code Section 47605(g)
Intent This statement is intended to fulfill the terms of Education Code § 47605(g) and provide information regarding the proposed operation and potential effects of OMI on OUSD. Civil Liability/Insurance OMI is operated as an existing California non-profit public benefit corporation. This corporation is organized and operated exclusively for charitable purposes within the meaning of § 501 (c)(3) of the Internal Revenue Code and California Revenue and Taxation Code § 23701 d. Pursuant to Education Code § 47604(c), an entity that grants a charter to a charter school operated by or as a non-profit public benefit corporation will not be liable for the debts or obligations of the Charter School or for claims arising from the performance of acts, errors or omissions by the Charter School if the authority has complied with all oversight responsibilities required by law. OMI will work diligently to assist the District in meeting any and all oversight obligations under the law, including meetings as requested, statutory fiscal reporting, or other requested protocol to ensure the District will not be liable for the operation of OMI. The OMI Bylaws provide indemnification of the Board, officers, agents, and employees, and OMI has general liability insurance, and Directors and Officers insurance to secure against financial risks. Insurance types and amounts will be determined by recommendation of the insurance company for the school annually.
“A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to ensure the disposition of all assets and liabilities of the charter school, including disposing of any net assets and for the maintenance and transfer of student records.”
– California Education Code § 47605(b)(5)(P)
We do not expect OMI to close. However, in the event of OMI closing, we will work with OUSD and our outside auditors to ensure the preparation of the closing audit and the disposition of net assets and liabilities. Immediate notification will be provided to OUSD regarding any consideration of closure.
Consistent with 5 CCR 11962, the following procedures will apply in the event OMI closes, regardless of the reason for closure.
Closure of OMI will be documented by official action of the Board. The action will identify the reason for closure. The official action will also identify an entity and person or persons responsible for closure-related activities. The Board will promptly notify the chartering agency, the Alameda County Office of Education, OMI’s SELPA, the retirement systems in which OMI’s employees participate, and the California Department of Education of the closure and of the effective date of the closure. This notice will also include the name(s) of and contact information for the person(s) to whom reasonable inquiries may be made regarding the closure; the pupils’ school districts of residence; and the manner in which parents/guardians may obtain copies of pupil records, including specific information on completed courses and credits that meet graduation requirements.
The Board will be responsible for communication of closure to students, parents, and staff. The Board will ensure notification to the parents and students of OMI of the closure and to provide information to assist parents and students in locating suitable alternative programs. This notice will be provided promptly following the Board's decision to close OMI.
This notice will also include the name(s) of and contact information for the person(s) to whom reasonable inquiries may be made regarding the closure; the pupils’ school districts of residence; and the manner in which parents/guardians may obtain copies of pupil records, including specific information on completed courses and credits that meet graduation requirements.
As applicable, OMI will provide parents, students and the chartering agency with copies of all appropriate student records and will otherwise assist students in transferring to their next school. All transfers of student records will be made in compliance with the Family Educational Rights and Privacy Act (“FERPA”) 20 U.S.C. § 1232g. For student records, we will work with OUSD to ensure that records for current students are delivered to the district of residence for those students. For alumni/alumnae, we will hold these records after closure of OMI.
All state assessment results, special education records, and personnel records will be transferred to and maintained by the entity responsible for closure-related activities in accordance with applicable law.
As soon as reasonably practical, OMI will prepare final financial records. OMI will also have an independent audit completed within six months after closure. The Charter School will pay for the final audit. The audit will be prepared by a qualified Certified Public Accountant selected by OMI and will be provided to the District promptly upon its completion. The final audit will include an accounting of all financial assets, including cash and accounts receivable and an inventory of property, equipment, and other items of material value, an accounting of the liabilities, including accounts payable and any reduction in apportionments as a result of audit findings or other investigations, loans, and unpaid staff compensation, and an assessment of the disposition of any restricted funds received by or due to OMI.
OMI will complete and file any annual reports required pursuant to Education Code section 47604.33.
On closure of the Charter School, all assets of the Charter School, including but not limited to all leaseholds, personal property, intellectual property and all ADA apportionments and other revenues generated by students attending the Charter School, remain the sole property of the Charter School and shall be distributed in accordance with the Articles of Incorporation upon the dissolution of the non-profit public benefit corporation to another California public educational entity. Any assets acquired from the District or District property will be promptly returned upon Charter School closure to the District. The distribution shall include return of any grant funds and restricted categorical funds to their source in accordance with the terms of the grant or state and federal law, as appropriate, which may include submission of final expenditure reports for entitlement grants and the filing of any required Final Expenditure Reports and Final Performance Reports, as well as the return of any donated materials and property in accordance with any conditions established when the donation of such materials or property was accepted.
On closure, OMI shall remain solely responsible for all liabilities arising from the operation of OMI.
As OMI is operated as a nonprofit public benefit corporation, should the corporation dissolve with the closure of OMI, the Board will follow the procedures set forth in the California Corporations Code for the dissolution of a nonprofit public benefit corporation and file all necessary filings with the appropriate state and federal agencies.
As specified by the Budget in the Appendix, OMI will utilize the reserve fund to undertake any expenses associated with the closure procedures identified above.
Administrative Services OMI reserves the right to create an MOU with another entity for the purpose of providing a financially sound approach to administrative services. District Fee for Oversight The District may charge for the actual costs of supervisorial oversight of OAKLAND MILITARY INSTITUTE not to exceed 1% of the charter school’s revenue, or the District may charge for the actual costs of supervisorial oversight of the Charter School not to exceed 3% if OAKLAND MILITARY INSTITUTE is able to obtain substantially rent free facilities from the District. Notwithstanding the foregoing, the District may charge the maximum supervisorial oversight fee allowed under the then-applicable law.
Mandated Costs In order to meet the health, safety, and public accountability requirements of all public school children at OMI, the Charter School shall comply with the following state-mandated programs:
Annual Parent Notifications
Clean School Restrooms
Comprehensive School Safety Plans
Criminal Background Checks
Open Meetings Act/Brown Act
Parent Conferences and Notification- Students in danger of Failing a Course
Physical Performance Tests
Pupil Promotion and Retention as applicable to Grade 6-12
School Accountability Report Cards
Hearing, Vision, and Scoliosis Screenings
Standardized Testing and Reporting
Eligible expenses which the sponsoring district incurs as a result of current charter school law, subsequent charter school legislation, or CDE interpretations of these laws are not the responsibility of the Charter School and should be addressed by the sponsoring district through the State’s Mandated Cost Reimbursement Program’s Charter School claims. Facilities OMI provides classroom instruction at one facility within the OUSD boundaries as per the current lease agreement and, as applicable, will notify OUSD of any change of number or location of facilities as required. OMI reserves the right to future submittals of requests for a single contiguous facility from OUSD under the provisions of Proposition 39.
OMI believes that the opportunity exists for facility options beyond those mandated by Proposition 39 or the current lease agreement that would be to the benefit of students attending OMI and the community as a whole. OMI is open to discussing options with OUSD and other possible interested parties. In the case that OAKLAND MILTARY INSTITUTE occupies a non-District facility, if OAKLAND MILITARY INSTITUTE fails to submit a certificate of occupancy or other valid documentation to the District verifying that the intended facility in which the school will operate complies with Education Code Section 47610, not less than 45 days before the school is scheduled to begin operation pursuant to the first year of this renewal term, it may not open unless an exception is made by the Office of Charter Schools.
If OAKLAND MILITARY INSTITUTE moves or expands to another facility during the term of this charter, OAKLAND MILITARY INSTITUTE shall provide a certificate of occupancy or other valid documentation to the District verifying that the intended facility in which the school will operate complies with Education Code Section 47610, to the District for each facility at least 45 days before school is scheduled to begin operation in the facility or facilities. OAKLAND MILITARY INSTITUTE shall not begin operation in any location for which it has failed to timely provide a certificate of occupancy to the District, unless an exception is made by the Office of Charter Schools.
Notwithstanding any language to the contrary in this charter, the interpretation, application, and enforcement of this provision are not subject to the Dispute Resolution Process.
Public Records OAKLAND MILITARY INSTITUTE acknowledges that Article XVI section 8.5(e) of the California Constitution, sections 2(e), 6, and 8 of Proposition 98, and sections 33126.1(b), 35256(c), and 35258 of the Education Code require schools, including OAKLAND MILITARY INSTITUTE to provide certain information in certain formats in certain ways to the general public and specifically to parents of students at OAKLAND MILITARY INSTITUTE and of the District. OAKLAND MILITARY INSTITUTE further acknowledges that it has the obligation to provide all of such information to the District that is required by these referenced authorities in a timely manner so that the District may meet its obligations under those authorities as well. To the extent that there is information that the District has, but that OAKLAND MILITARY INSTITUTE does not have that OAKLAND MILITARY INSTITUTE needs in order to meet its obligations, the District shall provide the same to OAKLAND MILITARY INSTITUTE in a reasonably timely manner upon request.
If OAKLAND MILITARY INSTITUTE does not test (i.e., STAR) with the District, OAKLAND MILITARY INSTITUTE hereby grants authority to the State of California to provide a copy of all test results directly to the District as well as the charter school. Test results for the prior year, if not provided directly to the District by the State, will be provided by the charter school to the District no later than September 1 of each year.
External Reporting OAKLAND MILITARY INSTITUTE will maintain sufficient staff and systems including technology, required to ensure timely reporting necessary to comply with the law and to meet all reasonable inquires from District and other authorized reporting agencies.
Transportation OMI is a school of choice and, therefore, it is the responsibility of parents/guardians to provide transportation of students to and from the school, except in the case of a student with disabilities who may require transportation pursuant to the terms of his or her IEP. Renewal of Charter
The chartering agency agrees to hear and render a decision regarding a renewal, or material revision to the Charter pursuant to the criteria and standards as specified in the Charter Schools Act, Education Code § 47605. Pursuant to OUSD Board Policy 0420.4, OAKLAND MILITARY INSTITUTE must submit its renewal petition to the Office of Charter Schools no earlier than 270 days before the charter is due to expire. Revocation of the Charter
The District may revoke the charter of OAKLAND MILITARY INSTITUTE if OAKLAND MILITARY INSTITUTE commits a breach of any terms of its charter. Further, the District may revoke the charter if OAKLAND MILITARY INSTITUTE commits a breach of any provision set forth in a policy related to charter schools adopted by the District Board of Education and/or any provisions set forth in the Charter School Act of 1992. Furthermore, the District may revoke the charter of OAKLAND MILITARY INSTITUTE on any of the following grounds:
OAKLAND MILITARY INSTITUTE committed a material violation of any of the conditions, standards, or procedures set forth in the charter.
OAKLAND MILITARY INSTITUTE failed to meet or pursue any of the pupil outcomes identified in the charter.
OAKLAND MILITARY INSTITUTE failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.
OAKLAND MILITARY INSTITUTE violated any provisions of law.
Prior to revocation, and in accordance with Cal. Educ. Code section 47607(d), the District will notify OAKLAND MILITARY INSTITUTE in writing of the specific violation, and give OAKLAND MILITARY INSTITUTE a reasonable opportunity to cure the violation, unless the District determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils. Notwithstanding the immediately preceding language, revocation proceedings are not subject to the dispute resolution clause set forth in this charter.
Impact on Charter Authorizer
In order to ensure the necessary oversight and review of mandated reports for which the authorizer must determine fiscal health and sustainability, the following schedule of reporting deadline to the District will apply each year of the term of this charter;
September 1 – Final Unaudited Financial Report for Prior Year
December 1 – Final Audited Financial Report for Prior Year
December 1 – First Interim Financial Report for Current Year
March 1 – Second Interim Financial Report for Current Year
June 15 – Preliminary Budget for Subsequent Year
OAKLAND MILITARY INSTITUTE will make every effort to meet the above District deadlines, but in no case shall OMI submit the required documents later than required by applicable state statutes.
OAKLAND MILITARY INSTITUTE agrees to observe and abide by the following terms and conditions as a requirement for receiving and maintaining their charter authorization:
OAKLAND MILITARY INSTITUTE is subject to District oversight.
The District’s statutory oversight responsibility continues throughout the life of the charter and requires that it, among other things, monitor the fiscal condition of OAKLAND MILITARY INSTITUTE.
The District is authorized to revoke this charter for, among other reasons, the failure of OAKLAND MILITARY INSTITUTE to meet generally accepted accounting principles or if it engages in fiscal mismanagement.
Accordingly, the District hereby reserves the right, pursuant to its oversight responsibility, to review OAKLAND MILITARY INSTITUTE external audit findings, records, data, processes and procedures through the Office of Charter Schools or other means. The review may include, but is not limited to, the following areas:
Compliance with terms and conditions prescribed in the charter,
The results of audits conducted by the external financial auditor,
Governance policies, procedures and history,
The recording and reporting of attendance data,
The school’s enrollment process, suspension and expulsion procedures, and parent involvement practices,
Compliance with safety plans and procedures, and
Compliance with applicable grant requirements.
OAKLAND MILITARY INSTITUTE shall cooperate fully with such reviews and to make available any and all records necessary for the performance of the review upon 30 days notice to OAKLAND MILITARY INSTITUTE. If 30 days notice is insufficient because of exigent circumstances which exist in the judgment of the district requires shorter notice, the Distance may conduct the audit upon 24 hours notice.
In addition, if an allegation of waste, fraud or abuse related to OAKLAND MILITARY INSTITUTE operations is received by the District, the OAKLAND MILITARY INSTITUTE shall be expected to cooperate with any investigation undertaken by the Office of Charter Schools.
Term of the Charter The term of the OMI charter will be five years from June 30, 2009 through June 30, 2014. Severability If any provision or any part of this agreement is for any reason held to be invalid and/or unenforceable, or contrary to public policy, law, or statute and/or ordinance, the remainder of this agreement will not be affected thereby and will remain valid and fully enforceable. Attachments
The documents and materials attached to this charter petition (e.g., appendices) are for informational purposes only and are not part of the charter.
By approving this charter renewal, OUSD will be fulfilling the intent of the Charter Schools Act to improve pupil learning; increase learning opportunities for all pupils with special emphasis on expanded learning opportunities for all pupils who are identified as academically low achieving; create new professional opportunities for teachers; and provide parents and pupils with expanded choices in education and following the directive of law to encourage the creation of charter schools. The Petitioners are eager to work independently, yet cooperatively with the District to set the highest standard for what a charter school should and can be. To this end, the Petitioners pledge to work cooperatively with the District to answer any concerns over this document and to present the District with the strongest possible proposal for approval. Timely approval of the charter renewal petition is needed and required by law.
OMI meets all requirements for charter renewal.
OMI provides a safe environment conducive to learning.
OMI has a five-year site lease.
OMI is fiscally sound and has a sound financial plan for the future.
OMI provides a unique educational opportunity for the youth of Oakland.
OMI complies with State, federal, and district laws and rules.
OMI has a successful academic program with a continuous improvement plan in place.
OMI has a responsible and effective board of directors.
OMI has an effective management team, as evidenced by WASC accreditation, CCSA certification, athletic league success, emergency preparedness, and food service certification.