Constitution for the Governance of
The Bay Area School of Enterprise

Drafted by the 2002-2003 YA Council and
ratified by the BASE community

1.      The Mission of the Bay Area School of Enterprise

 We are intelligent and committed youth who want to see change in our world and are assertive about achieving it.  We see that traditional high schools do not meet the needs of all teenagers.  We are providing an innovative alternative learning environment that will better serve today’s youth.  At the Bay Area School of Enterprise, each youth will create an individual plan incorporating enterprise, project-based learning, internships, small group instruction, and independent study, as appropriate to the way each individual best learns.  Because learning occurs everywhere in the real world, our school will seek learning opportunities throughout our neighborhood, community, region, nation and world.  Our school will graduate powerful new citizens who are ready to take responsibility for the future.  It will be a model of what is possible in education when youth are empowered to take charge of their own learning. [Source: BASE Charter]

 2.      The BASE Charter

BASE is an independent public charter school, operated under the terms of a charter granted to Alternatives in Action, Inc. (AIA) by the Alameda Unified School District (AUSD) on May 16, 2001.  The operations and governance of BASE are guided by the charter and applicable portions of the California charter school law (starting at California Education Code Section 47600).  [Source: BASE Charter]

 3.      Overall Governance Structure of BASE

BASE’s charter was granted by AUSD’s Board of Education, which exercises supervisory authority over BASE as required by California’s charter school law.  Oversight functions of the AUSD Board are delegated to members of the AUSD administration, including the Superintendent, Assistant Superintendent, Chief Financial Officer and Chief Personnel Officer.  As the non-profit sponsor of BASE, AIA has primary responsibility for its governance and operation.  AIA exercises that responsibility through the BASE Governing Board Committee (a committee of the whole), which includes the full AIA Board, plus two BASE youth representatives, one BASE staff representative, and one AUSD representative.  BASE operates using democratic forms of governance with high levels of stakeholder participation.  Three primary groups of stakeholders have a voice in decision-making; youth, staff and parents. [Source: BASE Charter]

 4.      Role and Authority of the Alameda Unified School District Board of Education

Consistent with California Charter School Law and the BASE charter, the Alameda Unified School District Board of Education shall have responsibility for supervisory oversight tasks and duties necessary for implementation of the charter, including:

• Processes for revocation and renewal of the charter
• Monitoring performance and charter compliance
• Review of annual school performance
• Participation in dispute resolution
• Representation on the BASE Governing Board Committee
• Promptly forwarding local, state or federal funds that are due to BASE
• Negotiating an operating agreement governing specific financial and other services
• Reviewing the AIA annual financial audit  [Source: BASE Charter]

 5.      Role and Authority of the Alternatives in Action Board of Directors and BASE Governing Board Committee

AIA is governed by the Board of Directors in accordance with the California Nonprofit Public Benefit Corporation Law.  The AIA Board serves as the governing board for BASE and it will be governed pursuant to the bylaws adopted by the AIA incorporaters, as subsequently amended pursuant to the amendment process specified in those bylaws. 

5.1.   Composition

The AIA Board of Directors consists of a maximum of 11 regular members.  To fulfill its duties as the governing board for BASE,  the AIA Board of Directors created a standing committee known as the BASE Governing Board Committee.  The Committee includes, in addition to the entire AIA Board, two BASE students and one BASE staff member chosen by their respective stakeholder groups.  AUSD may, at its option, be represented by one member, selected by the AUSD Board of Education.

5.2.   Responsibilities

The Committee is responsible for:

§         Establishing policies affecting BASE, including policies related to personnel and financial management

§         On-going oversight of school operations

§         Final decision-making for all staff hiring, discipline and discharge

§         Student expulsions and disenrollment

§         Approval of the annual BASE budget

§         Approval of all financial commitments in excess of $5,000 outside the approved budget

§         Participation in dispute resolution with AUSD

The Committee will delegate daily operational authority to a Joint Management Team.

5.3.   Conflict of Interest

All members of the BASE Governing Board Committee will comply with the conflict of interest rules in AIA’s bylaws.  [Source: BASE Charter]

 6.      Role and Authority of the Joint Management Team and BASE Director

6.1.   Composition of the Joint Management Team

The composition of the joint management team is determined by the BASE Governing Board Committee

6.2.   Delegation to the Joint Management Team. 

Selected BASE and AIA staff members function as a joint management team (JMT) to make decisions related to school programs and operations, as delegated by the BASE Governing Board Committee.  The JMT also prepares recommendations to the BASE Governing Board Committee on staffing, budget and school policies.  [Source: BASE Charter]

6.3.   JMT Authority to By-Pass Governance Structures.

When circumstances dictate, a designated member of the JMT will have authority to by-pass the democratic governance structures, including the Youth-Adult Council (YAC), as long as the JMT acts in the best interests of the school and within the authority delegated to staff by the BASE Governing Board Committee.  Decisions made by the JMT that are within the authority of the YAC, but that by-pass YAC review due to special circumstances, are subject to later review and revision by YAC.  [Source: BASE Charter]

6.4.   Consultation with YAC, Program Team and Parent Association 

The JMT and BASE Director (as delegated), will consult with the YAC, Program Team and PA on a range of issues affecting the BASE program, including:

§         Annual goals and objectives

§         Annual budget

§         Changes in the schedule and calendar for the current and future academic years

§         Changes in or additions to BASE policies and agreements

6.5.   Areas of Authority and Responsibility Delegated to the Chief Operating Officer

As a member of the JMT, the BASE Governing Board Committee has delegated to the Chief Operating Officer the responsibility for advising and mentoring the BASE Director, monitoring BASE progress toward identified objectives, communicating with the Committee and AIA Board on behalf of BASE, coordinating and addressing conflicts among BASE and other AIA programs, and exercising “second try” authority to address challenges in meeting established objectives.

6.6.   Areas of Authority and Responsibility Delegated to the BASE Director

As a member of the JMT, the BASE Governing Board Committee has delegated to the BASE Director the responsibility for the daily operation of BASE.  This includes authority to make decisions related to school program, facilities use, curriculum, instructional materials, and expenditures within the approved budget.  The BASE Director is also responsible for staff hiring within the approved budget, subject to final BASE Governing Board Committee approval.  The BASE Director will also prepare recommendations to the Committee on student discipline, staffing, budget, school policies and expenditures outside the approved budget exceeding $5,000.

 [Source: JMT Resolution]

 7.      Role and Authority of the Program Team

7.1.   Composition

The Program Team’s composition will be determined by the JMT, but will always include at least the Primary Team coaches.

7.2.   Role 

The role of the Program Team is to advise the BASE Governing Board Committee, the JMT and the YAC on issues concerning the educational program and operation of BASE. 

7.3.   Representation

The Program Team will select representatives of the staff to serve on the BASE Governing Board and the YAC, and will designate a liaison to the Parent Association.  The process for selection will be determined by the Program Team.  [Source: BASE Charter]

7.4.   Authority

The Program Team’s role is advisory, unless the JMT or the BASE Director expressly delegate authority to the Program Team or its individual members.

7.5.   Operation

The Program Team will meet regularly with the Director.

 8.      Role and Authority of the Parent Association

The parent committee formed to involve parents/guardians in decision-making regarding the school’s education program and operations will be known as the BASE Parent Association (PA).  [Source: BASE Charter]

8.1.   Composition

The Parent Association will be made up of parents, legal guardians, other family members, and adult supports for the individual youth of BASE. 

8.2.   Role

The primary role of the PA is to make recommendations to the JMT and YAC regarding the BASE program.  In addition, the PA will become involved in a various activities in support of BASE, including:

§         Organizing community events

§         Participating in the annual community meeting

§         Joining working groups

§         Judging student work in exhibition panels

§         Evaluating the school and staff

§         Participating in student conferences

§         Volunteering at the BASE site

§         Raising funds

§         Advocating for the interests of BASE in public forums

8.3.   Operation

The PA will create a leadership committee made up of a selected group of parent volunteers.  The PA will establish its own schedule of meetings (the leadership committee and entire association) and its own operating rules.  Meetings of the PA will be attended by a representative of the Program Team and YAC.

 9.      Role and Authority of the Youth-Adult Council

The Youth-Adult Council is the “youth leadership team” described in the charter (Section 5.5).  YAC is representative of all youth stakeholders.

9.1.   Composition

The YAC will be composed of two (2) representatives from each of the BASE Primary Teams, plus two BASE youth selected by the HOME Project to represent HOME youth members, plus an youth representative to the BASE Governing Board Committee chosen by the entire study body, plus a representative of the Program Team, plus a non-voting adult YAC coach.

9.2.   Role

The role of the YAC is to represent all youth stakeholders of BASE and to take action for the improvement of the operations, environment and educational program.

9.3.   Annual Meeting

YAC is responsible for convening an annual meeting of all members of the BASE community to advance the school’s educational goals and address issues of concern.  [Source: BASE  Charter]

9.4.   Responsibilities

9.4.1.      Division Representatives

The youth representatives to YAC selected by the Primary Teams (also referred to as Divisions) will communicate with the youth in their Divisions and provide comments and ideas from those they represent.  They will be responsible for reporting to their Divisions about the decisions and actions of YAC.

9.4.2.      Youth Board Representatives

The youth representatives to the BASE Governing Board Committee will provide comments and ideas from the youth perspective and will vote as full members of the Committee based on input from the YAC.  They will attend all meetings of the Committee and will be responsible for reporting back to the YAC on the decisions and actions of Committee.

9.4.3.      Staff Representative

The staff representative to YAC, selected by the Program Team, will communicate with the staff of BASE and provide comments and ideas from the staff perspective.  He or she will be responsible for reporting to the Program Team and other staff about the decisions and actions of YAC.

9.4.4.      Parent Association Liaison

The youth liaison to the Parent Association will attend PA meetings and provide comments and ideas from a youth perspective.  He or she will also be responsible for reporting back to the YAC about the decisions and actions of the PA.

9.4.5.      Youth-Adult Council Coach

The YAC coach will facilitate the operation of the YAC by supporting the youth and staff members.

9.5.   Representation

YAC will ensure that the youth of BASE are represented in other governance bodies.  To do this, YAC will conduct an election at the beginning of the academic year, in which the entire study body will select one of the two youth representatives to be seated on the BASE Governing Board Committee. The other youth representative shall be chosen from among the other youth members of the YAC.  YAC will also choose one of its youth members to serve as a liaison with the Parent Association.

9.6.   Vacancy

If a vacancy occurs in any YAC position, a replacement will be promptly selected in the same manner as the position was originally filled.

9.7.   Authority

The YAC has authority to:

§         Make policies regarding the educational program and operations of BASE, subject to review and concurrence of the JMT or BASE Director.

§         Review and modify decisions made and policies enacted by the JMT or Program Team (as delegated by the JMT) when circumstances made it necessary to by-pass YAC review.

§         Determine policies and practices for the use, maintenance and improvement of the Todd Street campus.

§         Review and advise on annual goals and objectives for BASE as presented by the BASE Director.

§         Review and advise on the annual BASE budget as presented by the BASE Director, early in the budget development process.

§         Review and advise on the planned course offerings, schedule and calendar for the next academic year, when presented by the BASE Director at the end of the current academic year.

§         Review and approve any changes to the schedule or calendar proposed by the JMT or BASE Director during the academic year.

§         And to take such other actions in the best interests of BASE that affect the rights and privileges of BASE youth and are not exclusively within the authority of the BASE Governing Board Committee or JMT,  or that cannot legally be made by minors.  Actions outside the scope of the YAC would include expulsion and disenrollment procedures, personnel decisions, release of confidential student records, entering into legally binding contracts, and making policies for AIA or other AIA programs.

9.8.   JMT Review of YAC Decisions

Comments and concerns raised by the JMT, Program Team and PA will be given serious consideration in all decisions, but particularly in the development of YAC policies. Decisions and policies of the YAC are subject to review by the JMT and do not take effect until the JMT (or, as delegated, the BASE Director) has concurred. However, in reviewing YAC actions, the JMT will consider the founding principles of BASE and give appropriate deference to the views of BASE youth, as represented by the YAC.  In the event that the JMT does not concur with a YAC-adopted decision or policy, the YAC and JMT will work together to reach agreement on an alternative that both can support.  Should such efforts fail, the YAC may refer the disagreement to the BASE Governing Board Committee.  The decision to refer a disagreement to the Committee requires a formal vote of a 2/3 majority of the YAC.

9.9.   Operation

The YAC will meet regularly during the academic year.  The regular meeting schedule will be determined at the beginning of each semester in consultation with the Program Team.  Each meeting will be led by a chair and notes will be taken by a designated secretary.  The positions of chair and secretary will rotate on a schedule determined by the YAC.  Decisions of the YAC will usually be made by consensus, although major decisions, such as a decision to override a veto by the BASE Director of a YAC-made policy, must be made by a formal majority vote and recorded in the notes.  Issues may be brought to the attention of YAC for consideration on the agenda in the following ways:

§         From HOME and BASE youth through their selected YAC representatives

§         From the Program Team, JMT or BASE Director

§         From any youth or adult member of the community during a regularly-scheduled open comment period at a regular or special meeting of YAC

10.  Role and Authority of the Situation Evaluation Team

Enforcement of the rules of behavior at BASE will be the responsibility of a peer discipline group made up of BASE students known as the Situation Evaluation Team (SET).  When a member of the BASE community is charged with violating any of the rules, SET will convene to establish the facts and determine consequences for unacceptable behavior.  SET may, upon finding sufficient facts to establish commission of an act or acts constituting grounds for expulsion as listed in the BASE charter, refer the matter to the Disciplinary Subcommittee of the BASE Governing Board Committee with a recommendation for expulsion, including the basis for the recommendation. [Source: BASE Charter]

10.1.                    Composition of SET

The composition of SET will be determined by YAC based on the number and complexity of the cases referred to SET.  Members of SET may be members of YAC or other youth deputized by YAC to serve.  In determining the composition of SET, YAC will consider the value of having many different youth perspectives and involving a large number of BASE youth in disciplinary matters.

10.2.                    Rule Book or Student Handbook; Annual Review

SET will be responsible for maintaining the BASE rule book or student handbook and for ensuring that all youth are aware of its contents.  The policies and procedures of SET, as well as the student handbook, will be reviewed at least annually by staff, youth and parents.

10.3.                    Responsibilities of  Members

Members of SET will be responsible for ensuring that the investigations of incidents referred to them are conducted fairly and thoroughly, consistent with the principles of BASE.  Upon completion of an investigation, SET will present its findings, conclusions and recommendations to the YAC, which will either approve the recommendation or refer it back to SET for further action.  A decision by YAC to refer a youth to the Disciplinary Subcommittee of the BASE Governing Board Committee for possible expulsion requires a formal vote by a majority of the YAC members present. 

10.4.                    Confidentiality

SET and YAC members are responsible for maintaining confidentiality of SET interviews, research, consultations and deliberations and any and all records that describe them.  Breach of confidentiality is grounds for YAC to remove a youth from SET participation and may be considered by YAC in taking action to remove a youth representative from YAC participation.

10.5.                    Operation of SET

SET will be convened on an as-needed basis by the YAC.  Records will be maintained of SET referrals, investigations conducted, and decisions rendered. 

 11.  Removal from Youth-Adult Council Participation

A youth member of the YAC may be removed from participation and his/her position declared vacant under the following circumstances:

• The member graduates or voluntarily leaves BASE.
• The member is expelled or disenrolled.
• The member is absent from a majority of YAC meetings in any given quarter.
• The member’s behavior in YAC meetings is regularly uncooperative, disruptive and inconsistent with the serious responsibilities of the YAC; and the other members of the YAC, by a 2/3 vote, determine that he or she is incapable of fulfilling the duties of the position and should be removed.
• The member’s behavior outside YAC meetings is so far outside the accepted standards for all BASE students that the YAC determines, by a 2/3 vote, that he or she is incapable of effectively representing the youth of BASE and should be removed from the position.

In deciding to remove a YAC youth representative from his/her position, the YAC will provide the member with an opportunity to defend him/herself.  The decision of the YAC is also subject to appeal to the Disciplinary Subcommittee of the BASE Governing Board Committee.

 12.  Ratification and Amendment of the Youth-Adult Council Constitution

Ratification or amendment of this constitution requires a 2/3 majority vote of the youth of BASE, plus a 2/3 majority vote of the staff of BASE, plus a 2/3 majority vote of the leadership committee of the Parent Association.  No amendment will take effect until the required vote of both stakeholder groups has been achieved.