Letter of Determination Suite 400

Transcription

1 ~~P~o coa~, rron u "z~,. 9z w ~ 5~7 O~b~Sṅ 0 SAN FRANCISCO PLANNING DEPARTMENT September 18, 2015 Reuben, Junius &Rose, LLP c/o James A. Reuben Site Address: Assessor's Block/Lot: Zoning District: Staff Contact: Record No.: 1650 Mission St Letter of Determination Suite 400 San Francisco, CA N/A (Multiple) N/A (Multiple) N/A (Multiple) Corey A. Teague, (415) [email protected] ZAD Reception: Fax: Planning Information: Dear Mr. Reuben: This letter is in response to your request for a Letter of Determination asking if A1tSchool meets the Planning Code definition of "School" and/or "Educational Service." Planning Code Section 102 defines a School as "an Institution Educational Use, public or private, certified by the Western Association of Schools and Colleges that provides educational instruction to students in kindergarten through twelfth grade." Likewise, Planning Code Sections (c) and (c) define an "Educational Service," as "a use certified by the Western Association of Schools and Colleges which provides educational services, such as a school, college or university." According to your letter and A1tSchool's website, AltSchool is a private network of schools that was founded in 2013 as "a collaborative community of micro-schools that uses outstanding teachers, deep research, and innovative tools to offer a personalized whole child learning experience for the next generation." A1tSchool currently operates four schools in San Francisco, ranging from transitional kindergarten to eighth grade. Two more schools are in the process of opening. However, the language included in the definitions for School and Educational Service does not align with the Accrediting Commission for Schools, Western Association of Schools and Colleges (ACS WASC), which is the commission responsible for accrediting all schools below the college level in California and other western states and territories. ACS WASC does not "certify" schools in California, but instead "accredits" them based on various factors. A school may be designated to be within one of three possible accreditation statuses after the school submits the necessary documentation in their application for ACS WASC affiliation and an on-site visit is conducted. One of those accreditation statuses is "Candidacy for Accreditation." Acandidate for accreditation classification indicates that an institution has achieved initial ACS WASC recognition and is progressing toward, but has not yet achieved, accreditation.

2 Reuben, Junius &Rose, LLP c/o James A. Reuben September 18, 2015 Letter of Determination A1tSchool Candidacy for Accreditation is a three-year status in which the school is expected to conduct aself-study and participate in an accreditation visit for full accreditation by the third year of candidacy. ACS WASC currently lists A1tSchool as a Candidate for Accreditation. As such, A1tSchool has achieved initial recognition from ACS WASC, and is progressing toward full accreditation. Therefore, it is my determination that A1tSchool has achieved a form of "certification" and is consistent with the intent of the definitions of a School or Educational Service as defined in Planning Code Sections 102, (c), and (c), respectively. However, if A1tSchool does not achieve full ACS WASC accreditation, or otherwise loses its Candidate for Accreditation status, then is shall no longer be considered a School or Educational Service per the definitions listed above. Instead, it would be considered to be a Personal Service per Planning Code Sections 102, , and APPEAL: If you believe this determination represents an error in interpretation of the Planning Code or abuse in discretion by the Zoning Administrator, an appeal may be filed with the Board of Appeals within 15 days of the date of this letter. For information regarding the appeals process, please contact the Board of Appeals located at 1650 Mission Street, Room 304, San Francisco, or call (415) Sincerely, Scott F. Sanchez Zoning Administrator cc: Corey A. Teague, Assistant Zoning Administrator Citywide Neighborhood Groups SAN FRANCISCO PLANNING DEP4HTMENT

3 REUBEN, JUNIUS & ROSE, LLP Via Hand Delivery Mr. Scott Sanchez, Zoning Administrator San Francisco Planning Department 1650 Mission Street, 4th Floor San Francisco, CA Re: Request for Written Determination Subject: AltSchool Use Definition Our File No.: Dear Mr. Sanchez: We are working with AltSchool ( ), an innovative new network of private, K-8 micro-schools that uses outstanding teachers, deep research and innovative tools to offer a personalized, whole child learning experience for the next generation. AltSchool recently received $100 million in funding from noted investors and funds including Marc Zuckerberg, John Doerr, Andreessen Horowitz, and Learn Capital. AltSchool presently has four schools in operation in San Francisco, and seeks to broaden its presence here. The Western Association for Schools and Colleges ("WASC") recently granted AltSchool the formal designation of "Candidate for Accreditation". (See EXHIBIT A.) The term "Candidate" is a bit of a misnomer. As described in greater detail below, the Candidacy designation is a substantive one, and was granted after extensive and rigorous review of AltSchool s operations and methods. WASC s Candidacy designation is tantamount to Accreditation. As such, pursuant to San Francisco Planning Code ("Planning Code") Section 307(a), we respectfully request a written determination that, by virtue of its designation as Candidate for Accreditation by WASC, AltSchool meets the Planning Code s definition of: (1) a "school" (Plan. Code 102); and (2) an "educational service" (Plan. Code (c), (c)). James A. Reuben I Andrew J. Junius I Kevin H. Rose I Daniel A. Frattin I John KevLin Jay F. Drake I Lindsay M. Petrone I Sheryl Reuben I Tuija I. Catalano I Thomas Tunny I David Silverman Melinda A. Sarjapur I Mark H. Loper I Jody Knight I Stephanie L. Haughey I Jared Eigerman 23 John McInerney Also admitted in New York 2. of Counsel 3. Also admitted is Massachusetts San Francisco. CA

4 Page 2 I. Description of AltSchool AltSchool was founded in 2013 by Max Ventilla and a team of renowned educators and technologists who asked a simple but profound question: how would school look if we designed it from scratch today? They evaluated everything, from what role teachers to should play to how technology could complement the physical classroom. What they discovered is that children can get a completely different education than what most believe is possible. Technology plays a key role in the AltSchool methods. AltSchool s teaching is based on "Personalized Learning Plans" that cultivate each child academically, socially and emotionally. ( see also EXHIBIT B.) Individual schools work with partners in the community to offer a holistic experience that takes advantage of the best people and places that surrounding neighborhoods have to offer. All of this is made possible through the AltSchool supporting network, which works continuously to drive true innovation in education. AltSchool micro-schools are small learning communities with students of mixed ages are divided among several classrooms, and each classroom has a low student to teacher ratio. Because of their small size, micro-schools are flexible in adapting to the needs of teachers, parents, and students. AitSehool s learning objectives draw from a variety of standards and metrics as a framework for instructional design. Instruction is informed by Common Core, National Council of the Teachers of Mathematics (NCTM), Next Generation Science Standards, International Society for Technology in Education (ISTE), Partnership for 21st Century Skills, and the Collaborative for Academic, Social, and Emotional Learning (CASEL), among others. II. Applicable Planning Code Sections and WASC Candidacy for Accreditation A. Applicable Planning Code Sections The Planning Code sets forth two definitions for school uses. Section 102 sets forth the definition of "school" for purposes of the Article 2 Zoning Districts. Section 102 defines school as follows: An Institution Educational Use, public or private, certified by the Western Association of Schools and Colleges that provides educational instruction to students in kindergarten through twelfth grade. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. This use is distinct and separate from a San Francisco. CA I:\R&A\850799\LTR-LOD Request ( ).doc REUBEN, JUNIUS & ROSE,LLP I wnw.reubenawom

5 Page 3 Post-Secondary Educational Institution, which is defined under this Section of the Code. Planning Code Sections (c) and (c) set forth the definition for "educational services" for purposes of the Article 7 and Article 8 Zoning Districts. Sections (c) and (c) define educational services as follows: A use certified by the Western Association of Schools and Colleges which provides educational services, such as a school, college or university. It may include, on the same premises, employee or student dormitories and other housing operated by and affiliated with the institution. The relevant language in each of these definitions for our purposes is the phrase, "certified by the Western Association of Schools and Colleges." (Emphasis added.) The term "certified" is inaccurate because WASC does not "certify" schools, it "accredits" schools. The use of the term "certify" appears to be a hold-over from amendments of the Planning Code approved in The requirement that academic schools and educational service uses be "certified" by WASC distinguishes these uses from personal service uses that provide "instructional services not certified by the State Educational Agency, such as art, dance, exercise, martial arts, and music classes." (See, e.g., Planning Code , ) The distinction here reflects a recognition by the Planning Code that a more rigorous evaluation and review process is required for academic schools and educational services than for more informal instructional services such as art, dance, exercise, martial arts, and music classes. For our purposes, the use of the term "certify," where WASC uses the terms "Candidacy" and "Accreditation," results in an ambiguity open to interpretation. We submit that WASC "Candidacy for Accreditation" is, for purposes of the Planning Code, the equivalent of certification by WASC. B. WASC Candidacy for Accreditation is the Equivalent ofaccreditation WASC defines "Candidacy for Accreditation" as "a status of affiliation indicating that an institution has achieved initial recognition and is progressing toward, but has not yet achieved, accreditation." Candidacy is granted to schools that have provided "evidence of sound planning with sufficient resources to implement these plans, and must appear to have the potential for attaining its goals within a reasonable time." WASC "Accreditation" is granted to schools that "meet the ACS [Accrediting Schools Commission] WASC criteria... and have a history and support system indicating a 1:\R&A\850799\LTR-LOD Request (6.3.15).doc REUBEN JUNIUS & ROSE. w. I wwwreubensw.com

6 Page 4 high-quality program that can be sustained into the foreseeable future." Accreditation is initially granted for a three-year term and thereafter for six-year terms. WASC grants schools Candidacy status on the basis of a rigorous and thorough review of systemic school quality, assessed within the four broad categories of organization, curriculum and instruction, support for student personal and academic growth, and resource management and development. The process by which AltSchool was granted Candidacy included AltSchool s submission of a school description summary; a host visit to the school sites and meetings with parents, teachers, and administrators; and submission of detailed materials constituting hundreds of pages of information about AltSchool s mission and values, current and prospective status, and measurable indicators of student success. Candidacy for Accreditation sets a high bar and is primarily distinguished from Accreditation only on the basis of the school s longevity. Under the definition of "Accreditation," schools that meet all ACS WASC criteria must also have a "history" to be granted Accreditation. Schools that meet the ACS WASC criteria but do not have the history are designated a Candidate for Accreditation. In other words, Candidacy is the final substantive step before Accreditation, and no other requirements need be met other than the passage of time as a Candidate. With the passage of time being the only factor separating Candidacy from Accreditation, Candidacy is, in substance, the equivalent of Accreditation, as well as "certification" as used in the Planning Code. The difference is only one of form. It is a maxim of California jurisprudence that the law prefers substance over form. (See Cal. Civ. Code 3528 ["The law respects form less than substance."].) Finally, WASC "Candidate" schools are permitted to use the following statement to describe themselves: "Candidate for Accreditation. Approved by the Accrediting Commission for Schools, Western Association of Schools and Colleges." The word "approved" is as close to "certified" as any term that WASC uses. AltSchool s authorization by WASC to use the phrase "Approved by... WASC" should be a sufficient corollary to the phrase "certified by WASC" as used in the Planning Code. III. Written Determination Request Based on the foregoing, we respectfully request a written determination that, by virtue of its designation as Candidate for Accreditation by WASC, AltSchool meets the Planning Code s definition of: (1) a "school" (Plan. Code 102); and (2) an "educational service" (Plan. Code (c), (c)). One Bush Street. Suite 600 I:\R&A\850799\LTR-LOD Request ( ).doc REUBEN, JIJNIUS & ROSE, u. wwwreubenl2w,com

7 Page 5 Please let me know if we can provide any additional information. Very truly yours, REUB N, JUNIUS & ROSE, LLP I I ~--J -(-J-1 James A. Reuben Enclosures cc: Daniel A. Sider, Senior Advisor for Special Projects AltSchool Sun Fruncisco, CA tet tue I:\R&A\850799\LTR-LOD Request ( ).doc REUBEN, JUNIUS & ROSE, LLP i www. reubentaw. com