Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
The High Desert Partnership in Academic Excellence Foundation Inc
Employer identification number
33-0542733
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2,587,030
99,981
119,898
172,218
124,850
3,103,977
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
10,053,562
12,698,712
14,059,517
13,870,829
14,871,379
65,553,999
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
214,200
214,200
6
Total. Add lines 1 through 5.
12,854,792
12,798,693
14,179,415
14,043,047
14,996,229
68,872,176
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
0
c
Add lines 7a and 7b..
0
8
Public support (Subtract line 7c from line 6.)
68,872,176
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
12,854,792
12,798,693
14,179,415
14,043,047
14,996,229
68,872,176
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
148,233
57,432
41,542
41,548
45,728
334,483
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
148,233
57,432
41,542
41,548
45,728
334,483
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
13,003,025
12,856,125
14,220,957
14,084,595
15,041,957
69,206,659
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
99.520 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
99.280 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.480 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
0.720 %
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
The High Desert Partnership in Academic Excellence Foundation Inc
Employer identification number
33-0542733
Identifier
Return Reference
Explanation
Form 990, Part VI, Section B, line 11
A draft of the return is reviewed by the Budget Committee as part of the preparation process. The committee members are active in the financial activities of the organization. In addition school board members who meet monthly during the school year review ongoing budget to actual financial statements and three required filings of financial statements during each year. The full board is presented annually with a copy of the audited financial statements. The tax return was emailed to each board member before filing.
Form 990, Part VI, Section B, line 12c
The Foundation operates charter schools in California, so it complies with the provisions of the California codes which affect all California Public Agencies. As such, the "conflict of interest code" which was adopted by the Board of Directors in 2002 and amended in 2008, meets the requirements of State of California Government Code Section 81000 et seq. The compliance officer annually communicates with each director, officer, key employee and highly compensated employee that they must file the required form (Form 700) within the stated time frame. If anyone that is required does not return the form to the compliance officer they are reminded that compliance is mandatory. To date all individuals that were required to file have done so. The compliance officer then files the forms that are required to be filed with other agencies and makes available for public inspection those that meet the code requirements.
Form 990, Part VI, Section B, line 15
CEO: The compensation of the CEO is determined by the Board of Directors, all of whom are independent. The description of the CEO position is a matter of board policy #BP 2120. The employment of the CEO is governed by a contract and the significant terms of the contract are governed by a board policy BP 2121. Annual evaluation of the CEO is required by board policy BP 2123. The CEO has not had a raise since 2007. At the time of that change in the salary schedule, the CEO salary was determined by the board with reference to a comparison with the published salary schedules of other local educational institutions. A record of the salary comparison was made contemporaneously. All other employees including Key employees and Highly Paid Employees: The board has adopted a policy for Personnel Hiring Practices which is BP 2400 and an administrative rule entitled Administration Hiring Practices which governs the creation of new positions. The board also, maintains a Personnel Committee consisting of three board members, the CEO and the Human Resources Manager, which meets quarterly and advises the board on personnel policy matters. All salaries are negotiated through negotiations between the staff Cabinet, the Human Resources Manager, the CEO or the board directly, which ever is the most appropriate in the circumstances.
Form 990, Part VI, Section C, line 19
The bylaws of the organization are available on its website, www.lewiscenter.org. The website also discloses the Foundation Board members as well as the makeup of the charter school boards which are committees of the Foundation Board. The website also contains the most current meeting agendas, minutes of the last board meeting s well as the agendas and minutes of the two school boards. Also displayed are the charters of the two charter schools.
Form 1098-C
Part V, 7h
The organization is qualified to receive deductible contributions under section 170(c), however it did not receive any contributions of cars, boats and the like for which it would be required to file Form 1098-C. Therefore, no such forms were filed.
Whistleblower Policy
Part VI, Section B, #13
Board Policy 4270 is our Anti Fraud Policy & Reporting Procedure. The procedure contains a section "Whistle-Blower Protection" that protects any employee from retribution if they acted in good faith in attempting to comply with the anti-fraud policy.
Record retention policy
Part VI, Section B, #14
The organization has implemented the guidance of "Records Retention Manual" published by the California Association of School Business Officials, as its record retention policy. Copies of the manual are available to management at the administrative offices of the organization.
Value of Facilities Provided by Government
Schedule A, Section A, Column E, Line #3
Under California Education Code the Apple Valley Unified School District provides rent free space for a campus which the organization operates as its Thunderbird Campus. In the past the fair rental value of the property was recorded as an in-kind contribution and a rental expense. Beginning in the current fiscal year, Form 990 instructions require that such in-kind donation should not be included in revenue or expenses. Therefore the fair rental value of the property in the amount of $219,555 is not included, other than in the Schedule A Line 3.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.