Crescendo Charter Schools 8477S.NormandieAve. LosAngeles,CA90044 Tel:(323)6917751Fax:(323)8439820 www.crescendoschools.

net April 28, 2011 Parker Hudnut Innovations and Charter Schools Division LOS ANGELES UNIFIED SCHOOL DISTRICT 333 South Beaudry Avenue, 25th Floor Los Angeles, CA 90017 Re: Response to Notices of Violation Crescendo Charter School Crescendo Charter Academy Crescendo Charter Conservatory Crescendo Charter Preparatory Central Crescendo Charter Preparatory South Crescendo Charter Preparatory West

Dear Mr. Hudnut: This letter represents the Response of the Crescendo Charter Schools to the Notices of Violation issued by the Los Angeles Unified School District (District) to Crescendo Charter School, Crescendo Charter Academy, Crescendo Charter Conservatory, Crescendo Charter Preparatory Central, Crescendo Charter Preparatory South, and Crescendo Charter Preparatory West on April 5, 2011. As the Notices of Violation issued to each school were the same, Crescendo Schools has elected to respond to all Notices of Violation in one letter. Herein, we have provided a detailed written response addressing each of the specific violations identified in the Notices of Violation. In addition, we have provided and detail the completion status of the remedy for each violation, and report recent, additional corrective action taken by the Board of Directors of Crescendo Schools/Expectations of Educational Excellence (Crescendo Board of Directors) through April 28, 2011. The Crescendo Board of Directors also provided the District with Progress Reports on the prior Notice to Cure on May 10th, May 24th, 2010, June 30th, 2010, December 16th, 2010, January 10th, 2011, February 11th, 2011, and March 10th, 2011. Please review these responses as they include a number of relevant attachments. Introduction The Crescendo Board of Directors acknowledges the testing irregularities that took place at Crescendo Schools on or about May 3 and May 4, 2010. The Crescendo

Board of Directors takes these violations seriously and over the course of the past year, in partnership with the District, has developed and implemented a comprehensive remedy plan to address the violations and ensure they never happen again. The Crescendo Board of Directors also understands that some of its initial responses to the testing irregularities were not sufficient, and thus have continued through the current date to engage in selfevaluation and take additional remedial actions as necessary. The original remedy plan and our additional recent corrective actions detailed below reflect 1) a strong desire and commitment to restore testing security and integrity throughout the Crescendo organization; 2) a commitment to abide by and remain in accordance and compliance with District policy and state law pertained to state testing; 3) a commitment to ensuring that stringent measures are in place so that testing irregularities never occur again; 4) a commitment to ensuring that those involved in the testing irregularities are appropriately held responsible; and 5) a commitment to demonstrate and exercise the fiduciary responsibilities of the Crescendo Board of Directors over the management and operation of the schools. The Crescendo Board of Directors wishes to first outline the efforts that it has made to date to address the circumstances that led to the testing irregularities and to respond fully to the Districts concerns. In response to the Districts prior Notice to Cure, and since May of 2010, the Crescendo Board of Directors has completed the following: Six month suspension of John Allen effective June 11, 2010, and subsequent termination of John Allen on March 4, 2011. Full implementation of 10-day suspensions for principals. Deletion and restructuring of the Executive Director position into three separate director positions: Director of Instruction, Director of Operations, and Director of Facilities and Development. Completion of administrator review process. Job offer to potential Director of Facilities and Development. Ethics training for all principals, administrators, and teachers. Completion of Certificate of Integrity Development of evaluation tool for all administrators, revision of employment contracts and job specifications. Governance restructuring and appointment of five new Board members. Appointment of Personnel Liaison. Appointment of two permanent Site Testing Coordinator positions. Appointment of Webmasters as process for parents and employees to communicate with Board members. Comprehensive governance training including Brown Act training. Board members assigned to attend regular parent meetings. Creation of Board committees to assist with operations and approvals between official Board meetings. Professional development on team building and assessment.

As you know, Crescendo School provide a safe, rigorous academically rigorous environment for its diverse, low-income student population (over 99% are free and reduced price lunch) and its staff are deeply committed to the success of its students, both academically and personally. As the District Board also experienced at a recent meeting, the Crescendo parent community is passionate about its schools, and showed its support for Crescendo with emails, letters, telephone calls, rallies, and a large presence at the District Board meeting. Crescendo students, teachers, and parents have worked extremely hard over the past four years to build the community they benefit so much from. Since May of 2010, and especially since March of 2011, the Crescendo Board of Directors has taken aggressive and comprehensive steps in an effort to respond to concerns expressed by the District. The primary goal of the Crescendo Board of Directors going forward is to ensure its schools remain open to serve its students, and that the Crescendo organization operates with maximum transparency and in full compliance with the law. The Crescendo Board of Directors hopes that the District will continue to work with it to reach a resolution that does not require the loss of this amazing community of teachers, students, and parents. VIOLATIONS A. Violated Provisions of Law (Ed. Code 47607(c)(4).

Crescendo Charter Academy violated provisions in law in the preparation for administration of the 2009-2010 CST STAR mandated testing. Education Code section 4706(c) states: Charter schools shall meet all state-wide standards and pupil assessments required pursuant to Section 60605 and 60851 and any other statewide standards authorized in this statute or pupil assessments applicable to non-charter public schools. Education Code section 606605(f) provides: The state board shall adopt a regulation for minimum security procedures that test and assessment publisher and school districts must follow to ensure the security and integrity of test and assessment questions and materials. Education Code sections 60611 (a) provides: Adistrict superintendent of schools, or principal or teacher of any elementary or secondary school, including a charter school, shall not carry on any program of specific preparation of pupils for the statewide pupil assessment program or a particular test used therein. Title 5 California Code of Regulations section 854(a) provides: Except for the materials provided by the CDE or its agents, no program or materials shall be used by any employee of any school district that are specifically formulated or intended to prepare pupils for the designated achievement tests, standards-based

achievement, or the designated primary language test. No administration or use of an alternate or parallel form of the designated achievement test or the designated primary language test shall be used as practice for any pupils in grades 2 -11, inclusive. REMEDY As previously stated, Crescendo Schools acknowledges that testing irregularities did occur in its administration of the 2010 CST tests. As a result of these testing irregularities, the California Department of Education invalidated Crescendo Schools 2010 test results. Immediately after learning of the testing irregularities, and in order to ensure no further violations of the laws governing the administration of the CST test, the Crescendo Board of Directors determined it was necessary to develop and implement a comprehensive testing procedure throughout the Crescendo organization that would ensure the security and proper administration of CST testing going forward. Immediately after the testing irregularities were reported, including for the 2010 testing cycle, the Crescendo Board of Directors authorized and approved the hiring of two Testing Coordinators to monitor, oversee, and administer the testing process. These individuals (who were not involved in the original testing irregularities) were and are assigned the primary and direct responsibility for monitoring all activities related to testing, including, but not limited to, designating site coordinators, test administration training, revising the testing schedule, selecting individuals to administer the test, training proctors, etc. the 2010 testing cycle was administered under the supervision of District staff, and with close oversight by the Crescendo Board of Directors. The two Testing Coordinators also have monitored and overseen the 2011 testing process, and, as was confirmed by several site visits by District personnel, the 2011 testing process has been administered in compliance with all applicable laws, regulations, and policies, and without any concerns or problems. In addition, the Crescendo Board of Directors hired a permanent testing site coordinator for each Crescendo campus, who is responsible for monitoring and reporting the testing process to the Crescendo Testing Coordinator. RECENT CORRECTIVE ACTION AS OF APRIL 28, 2011 The Crescendo Board of Directors has also implemented additional, recent corrective action regarding to the security of 2011 testing materials: In addition to the procedures set forth above, the Crescendo Board of Directors ensured that the security of 2011 testing materials is being maintained in a secure and locked location by the Crescendo Testing Coordinators, and the testing materials are being inventoried on a bi-weekly basis. The Crescendo Testing Coordinator is providing weekly Testing Process, Procedure and Materials Inventory Reports to the Crescendo

Board of Directors, summarizing the ongoing testing procedures and confirming the security of testing materials. (See current Report as Exhibit A) In addition, as a checks and balances mechanism, the Crescendo Board of Directors directed the Director of Instruction to conduct a weekly, unannounced inspection of each sites testing plan and inventory storage, and to report back to the Board with the results. Therefore, in response to the events of May, 2010, Crescendo Schools process for administering state tests is fully in compliance with law, regulation, and policy, maintains the security and integrity of testing materials. These processes will remain in place going forward to ensure testing irregularities never happen again. VIOLATION B. Material Violation of Conditions, Standards and Procedures Set Forth in the Charter (Ed. Code section 47607(c) (1).

Crescendo Schools violated the following provisions in its charter by engaging in testing irregularities in administering CSTs. The evidence documents that Crescendo did not comply applicable laws with regards to state testing therefore violated the above provisions. ELEMENT 3 Outcome Measurement Process Crescendo Schools violated Element 3 of its charter by engaging in testing irregularities in administering CSTs. The evidence attached documents that Crescendo Schools did not comply with applicable laws with regards to state testing. REMEDY Please see response to Item A above. VIOLATION C. ELEMENT 4: Governance: The EEE Board of Directors will be responsible for all legal and fiduciary matters involving Crescendo Schools. The Crescendo Board has failed to exercise its fiduciary responsibilities over the management and operation of the schools. Furthermore, the violation of the statewide testing by then-Executive Director and Principals calls into question the oversight duties of the board. Although the Crescendo Board responded and placed Mr. Allen on a 6 month suspension, the Crescendo board appointed Mr. Allen as Director of Facilities and Development. REMEDY

After the occurrence of the testing irregularities in May of 2010, and upon an investigation of these testing irregularities by both the District and the Crescendo Board of Directors, the Crescendo Board of Directors and the Crescendo administration underwent a comprehensive and complete overhaul in order to ensure the Crescendo Board of Directors full commitment to its fiduciary duty to Crescendo Schools and to its governance responsibilities, as well as the organizations focus on educating its students and capacity to govern has been strengthened and reorganized as follows: Replacement of Crescendo Board of Directors Members and Reorganization of Administrative Structure. In addition to replacing five of its seven members between May and August, at its June 15, 2010 Board meeting, the Crescendo Board of Directors made the decision to entirely reform Crescendos administrative structure. The position of Executive Director was eliminated and replaced with an administrative decisionmaking body of three Crescendo Directors: a Director of Instruction, a Director of Operations, and a Director of Facilities and Development. All Crescendo Directors now report directly to the Crescendo Board of Directors. This new structure has enabled closer oversight by the Board, more consensus building and collaboration in the decisionmaking process, and has spread out leadership responsibilities among several administrators. Engagement by Board Members with the Crescendo Community. In order to ensure that the Crescendo Board of Directors is fully involved in the Crescendo community, and fully engaged in its oversight responsibilities for the school, each Crescendo Board of Directors members is now assigned to one Crescendo school site and participates in monthly parent council meetings. In addition, to ensure Crescendo community involvement with and input to the Crescendo Board of Directors, contact information for the Crescendo Board of Directors, as well as Board of Director meeting agendas and minutes, are posted on the Crescendo website. Creation of Personnel and Facilities Committees. In order to ensure close communication and oversight with the Crescendo administration between Board meetings, the Crescendo Board of Directors formed Personnel and Facilities Committees. These committees have been instrumental in enabling the Board of Directors to oversee and maintain consistent and close involvement in Crescendos operations. Appointment of a Board member as the Personnel Liaison. The Personnel Liaison is responsible for providing a link between Crescendo staff and the Crescendo Board of Directors. The Personnel Liaison makes regular visits to each of the Crescendo school sites to meet with teachers and other staff to discuss Crescendo concerns. These concerns are then shared with the Crescendo Board of Directors. Governance Training: On January 22, 2011, the entire Crescendo Board of Directors underwent comprehensive governance training, including conflict of interest, board governance, and Brown Act training by the Law Offices of Middleton Young and Minney, LLP.

RECENT CORRECTIVE ACTION AS OF APRIL 19, 2011 After a lengthy and comprehensive process, two new Crescendo parents, Donna Jones and Marilyn Otley, were elected as members of the Crescendo Board of Directors at its April 19, 2011 special Board meeting. The Crescendo Board of Directors now has reached its capacity of nine (9) members as per its bylaws. Also, one Board member, Karen Pinson, has submitted her resignation effective April 29th. The Crescendo Board of Directors will immediately post a request for applications to fill her open slot, with a goal of doing so by the end of May. As is hopefully evidenced from this response, the actions listed here are not the end of the process for the Crescendo Board of Directors. Rather, the Crescendo Board of Directors is committed to constant self-evaluation and strategic planning, and will continue to examine its performance in search of ways to improve its oversight of the Crescendo Schools as well as its role in ensuring the highest quality educational program. VIOLATION D. ELEMENT 5: Employee Qualifications: The then-Executive Director and the Principals of Crescendo Schools violated the charters by breaching their responsibility to monitor certificated staff.

REMEDY In May, 2010, the Executive Director, John Allen, was suspended without pay for six months and the six Principals involved in the testing irregularities were suspended for ten days without pay. On March 4, 2011 John Allen was terminated from his position as Director of Facilities and Development. RECENT CORRECTIVE ACTION AS OF APRIL 28, 2011 At its meeting on April 28, 2011, the Crescendo Board of Directors voted 4-1 not to negotiate new contracts for the 2011-2012 school year with the Principals of Crescendo Charter School, Crescendo Charter Conservatory, Crescendo Charter Preparatory Central, Crescendo Charter Preparatory South, and Crescendo Charter Preparatory West after their current contracts expire on June 30, 2011. These positions will all be open, and will shortly be posted for applications consistent with Crescendos job posting procedures. Based on the circumstances outlined in the Districts Notices of Violation, the two Principals of Crescendo Preparatory Academy Central (King and LaSalle) will have the option to reapply for their jobs for 2011-2012; however, they will receive no preference and are not guaranteed reemployment of any kind. (See Exhibit B for copies of the notices given to all principals.)

In addition, at its meeting on April 28, 2011, the Crescendo Board of Directors voted unanimously that as a result of their involvement in the 2010 testing irregularities, all second through fifth grade teachers at Crescendo would be suspended without pay for 5 days. (See Exhibit B for a sample of the notice letter to teachers that will go out on Monday.)

ADDITIONAL CONCERNS AND EXPLANATION OF DISCIPLINE 1. Address the LAUSD Board concern with the ongoing involvement of the then Executive Director with the Crescendo organization. The contract and services of John Allen, the former Facilities and Development Director was terminated at the March 4, 2011 Crescendo Board of Directors meeting (well before the Notices of Violation were issued). He is no longer associated or involved in any manner with the operation, development, or administration of Crescendo Schools. After the prior Crescendo Board of Directors voted to suspend Mr. Allen for six months without pay rather than terminate him for his role in the testing irregularities, the current Crescendo Board of Directors was faced with a difficult decision whether to bring Mr. Allen back to Crescendo Schools when his suspension expired. Based upon the terms of Mr. Allens employment contract then in place, a Board decision not to bring Mr. Allen back to work could have resulted in significant liability, litigation, and consequently substantial organizational disruption. For example, the employment contract then in place would have required costly and time consuming due process procedures be implemented before a dismissal, and the contract would also likely have required a substantial severance payment upon dismissal. Therefore, the Crescendo Board of Directors elected to renegotiate Mr. Allens contract to return in a different position. This new contract provided for at-will termination and a de minimis severance amount (one months salary), and Mr. Allens new position had no involvement with students or instruction, and provided for weekly supervision by the Board; it was under this new contract that Mr. Allen was terminated on March 4. 2. Explain the rationale regarding the disciplinary decision regarding the 10 day suspension of the principals. Crescendo Schools principals who were involved in the testing irregularities were initially given a 15 day suspension; however, it was later reduced to a 10 day suspension after the Crescendo Board of Directors investigation of the testing irregularities was complete. The rationale of the Crescendo Board at that time to reduce the suspension time was two-fold: 1) after its review, Crescendo determined that as per District practice in cases involving similar cases of discipline, a 10 day suspension is

considered a severe consequence for certain serious infractions; and 2) a reflection of Crescendos capacity and resources that existed at the time in regard to administrative support personnel. 3. Explain why the principals to date have not served those suspensions. As of April 4, 2011, all principals have 100% completion their 10 day suspensions. Originally, the principals were due to complete their 10 day suspensions by April 22, 2011. After a late March personnel review, it was determined that an earlier completion could be accomplished with an interim temporary administrator plan at the schools sites which allowed for an earlier completion date. Therefore, as of April 4, 2011, all 7 principals that were involved with any testing irregularities had fully served and completed their suspensions. 4. Completion Status of Items Listed as Pending in Notices of Violation: The Notices of Violation list a number of items as pending. However, all of these items have been completed. Specifically: As of April 4, 2011, all Crescendo Schools principals involved in the testing irregularities that occurred in May 2010 have completed their formal 10 days suspension. In addition, one principal (Ms. Lee) has resigned as of our last progress report on the response to the Notice of Violation (dated March 28, 2010). (See Exhibit C.) The evaluation and revision of employment contracts, job specifications and evaluation tools for all administrator has been finalized as of April 26, 2011, after a final and through Board review, which included revisions based upon the new governance model adopted and approved in our previously submitted June 2010 Plan to Remedy. All employment contracts, job descriptions and evaluation tools for all employees have been finalized as of April 28, 2011. (See Exhibit D.) The administrator annual job performance review and three-step evaluation process has been completed for all administrators as of April 28, 2011. (See Exhibit E.) Permanent assignment of the two remaining Director positions (Director of Instruction and Director of Facilities and Development) is near completion as of April 26, 2011. After public notice and a comprehensive recruitment process, the Crescendo Board of Directors Personnel Committee recently interviewed the three final highly qualified candidates for the Director of Facilities and Development position, and the Director of Instruction. In addition, the Crescendo Board of Directors

made an offer of employment to an individual for the Director of Facilities and Development on April 29, 2011. (See Exhibit F.)

CONCLUSION In conclusion, the Crescendo Board of Directors wishes to reiterate its commitment to strong leadership, careful stewardship, and thorough oversight of the Crescendo Schools. These schools are important cornerstones of the communities they serve, and have benefitted thousands of District students. The Crescendo Board of Directors recognizes that mistakes have been made in the past, but believes the actions taken in the past year, and recently, address the concerns outlined in the Districts Notices of Violation. The Crescendo Board of Directors pledges its full cooperation and transparency with the District in this and all matters.

Dr. Anthony Handy, President Board of Directors Expectation of Educational Excellence/Crescendo Schools