Meeting of the Board of Regents | July 2007

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Charter School Revisions
DATE:	July 13, 2007
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue(s) for Decision

 

Should the Board of Regents approve a request from the Charter School of Educational Excellence (Yonkers) to amend its charter?

 

Should the Board of Regents approve a request from the Trustees of the State University of New York to revise the charters of the Bedford-Stuyvesant Collegiate Charter School (New York City), the Child Development Center of the Hamptons Charter School (Wainscott), the Eugenio Maria de Hostos Charter School (Rochester), the KIPP Sankofa Charter School (Buffalo), and the Roosevelt Children’s Academy Charter School (Roosevelt) ?

 

Reason(s) for Consideration

 

              Required by New York State Education Law §2852.

 

Proposed Handling

 

This question will come before the Regents EMSC-VESID Committee for action at its July 2007 meeting.

 

Procedural History

 

New York Education Law §2852(7) provides that revisions of charter school charters shall be made only upon the approval of the charter entity and the Board of Regents in accordance with the provisions of the law applicable to the issuance of  charters themselves.   With respect to charter schools directly chartered by the Board of Regents (“Board”), the Board may either approve a proposed revision or deny it.  With respect to charter schools chartered by other charter entities, the Board may either approve and issue the revisions as proposed by the charter entity, or return the proposed revision to the charter entity for reconsideration with written comments and recommendations. 

 

Background Information

 

We received a request from the Charter School of Educational Excellence (Yonkers), a Board of Regents-authorized charter school, to amend its charter.

 

Additionally, we received a request from the Trustees of the State University of New York (“SUNY”) to amend the charters for five of its charter schools: Bedford-Stuyvesant Collegiate Charter School (New York City), the Child Development Center of the Hamptons Charter School (Wainscott), the Eugenio Maria de Hostos Charter School (Rochester), the KIPP Sankofa Charter School (Buffalo), and the Roosevelt Children’s Academy Charter School (Roosevelt).

 

              Bedford-StuyvesantCollegiate Charter School:  The School is located in New York City in CSD #16.  Its initial charter was granted by the Board of Regents on July 31, 2006.  The School will open for instruction in September 2007 serving 75 students in grade 5.  The School seeks to change its name to “Kings Collegiate Charter School.”  Staff recommend the Regents approve this proposed revision.

 

              Charter School of Educational Excellence: The School is located in Yonkers.  The Board of Regents granted the School its initial charter on January 13, 2004.  The School intended to open for instruction in September 2004, but delayed opening by one year due to facility issues. The School opened for instruction in September 2005 serving 175 students in grades K-4.  The initial charter provides that the School will serve 350 students in grades K-5 in 2007-08, but the School now seeks to amend its charter to add grade 6 starting in 2007-08, with a targeted total school enrollment of 325 students.  

 

              In addition, the School seeks approval to institute an after-school program that will include the “Mad Science Crazy Chemworks” program, Youth Theatre Interactions, Kids X-Press After-School Writing Enrichment Program, and a Chess Club.  According to the school’s initial proposal, at least two of these programs were to be fee-based.  In response to concerns raised by the Department regarding these fees, however, the School’s Board of Trustees, by resolution dated July 18, 2007 (and received by the Department on July 19, 2007) amended its proposed application to indicate that it will not charge a fee for any of these extracurricular activities, and that its application is thereby amended to remove all references to such fees.  In addition, the Board’s resolution also indicated that, going forward, no charges will be levied for any after school program or extracurricular activities conducted by the Board of Trustees.   

 

              Staff recommend the Regents approve the proposed revision as amended by the resolution of the School’s Board of Trustees dated July 18, 2007 (and received by the Department on July 19, 2007).

 

             ChildDevelopment Center of the Hamptons Charter School: The School is located in Wainscott. Its initial charter was granted by the Board of Regents at its July 2000 meeting, and was effective August 14, 2000.  The School opened for instruction in September 2000 serving 24 students in grades K-4.  The first renewal charter for the School was granted by the Regents on June 24, 2005 for a full five years.  In 2007-08, it will serve 85 students in grades K-8.  The School has traditionally enrolled a very high percent of students with disabilities (49 percent were reported in 2005-06).  

 

              The School seeks to amend its charter to provide for a full day educational program during the summer months, starting July 1, 2007, with the summer program’s enrollment being restricted to only certain students with disabilities.  The summer program would be designed to reinforce the curriculum, prevent substantial regression of students, and assist them in meeting their annual goals.  The proposed revised charter does not include a curriculum.

              The School currently has no authority to operate a program beyond June 30 of any year, and this proposed program would not be open to all currently enrolled students, only students with disabilities, and then only a subset of such students with a disabilities for whom the committees on special education (“CSEs”) have determined require 12 month special education programs to prevent substantial regression. 

              The proposed revision to the charter proposes the costs of the program be recouped through a contract between the School and the students’ school districts of residence for reimbursement of the actual costs for their students’ participation in this proposed summer program.   The only mechanism for a school district to access State aid for students with disabilities for extended school year services is pursuant to §4408 of the Education Law § 4408 of the Education Law requires July/August programs for students with disabilities be approved by the Commissioner as special education programs and the Department must set tuition reimbursement rates for the special education and related service programs approved for July and August.

 

              The Child Development Center of the Hamptons Charter School had previously requested Department approval to provide services pursuant to §4408 of the Education Law as a special education July/August program.  The July/August application from the School was denied earlier this year.  Students with disabilities enrolled in the School who require 12-month special education programs and services have access to such services through currently approved July/August programs.

 

              Staff recommend that the Board of Regents return the proposed revision to the first renewal charter of the Child Development Center of the Hamptons Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  There is no authorization in Article 56 of the Education Law for a charter school to limit admission to a summer program based on intellectual ability, measures of achievement, or disability.  The revision sought by this school seeks to establish a summer program limited exclusively to students with disabilities who have been determined by a committee on special education to need a structured learning environment of 12 months duration.  We see no authority for a charter school to limit admission to a summer program in this manner and recommend that the proposed revision be abandoned.

 

              Eugenio Maria de Hostos Charter School: The School is located in Rochester.  Its initial charter was granted by the Board of Regents at its April 4, 2000 meeting.  The School opened for instruction in September 2000 serving 120 students in grades K-2.  Its first renewal charter was issued by the Regents effective June 24, 2005, for a full five years. In 2007-08, the School’s existing charter provides that it will serve 280 students in grades K-6.   The School seeks to increase its enrollment for the 2007-08, 2008-09, and 2009-10 from 280 to 320 students each year.  Under the terms of its renewal charter, the School will be able to increase actual enrollment by ten percent of the projected enrollment or 25 students (whichever is less), and decrease it by 15 percent.   In addition, the School seeks to increase its dissolution reserve fund by $30,000.  Staff recommend that the Regents approve these proposed revisions.

 

              KIPPSankofa Charter School:  The School is located in Buffalo.  The School’s initial charter was granted by the Regents on March 25, 2003, and the School opened for instruction in September 2003 serving 90 students in grade 5.  The Regents approved the first amendment to the initial charter on February 13, 2007, to permit the School to lower its projected student enrollment for the 2006-2007 school year from 270 students to 250 students.  The School is now seeking to change its name to the Sankofa Charter School, as a result of severing its relationship with KIPP Inc.  Staff recommend the Regents approve this proposed revision.

 

              Roosevelt Children’s Academy Charter School:  The School is located in Roosevelt.  Its initial charter was issued by the Regents on May 25, 2000.  The School opened for instruction in September 2000 serving 147 students in grades K-2.    On June 24, 2005, the School’s first renewal charter was issued by the Regents for a full five years.  The School is currently on probation and subject to a Remedial Action Plan through July 2008 for issues related to school facilities compliance.  The School has been partnered with Victory Schools, Inc. (“VSI”), since its inception, but now seeks to terminate its relationship with VSI.  The School has been self-managing for more than a year and has only a limited services agreement in place with VSI at this time.  It also seeks to increase its dissolution reserve fund from $45,000 to $75,000. Staff recommend that the Board of Regents approve these proposed revisions. 

 

Complete copies of the current charters and materials pertaining to the requested revisions to the charters are available from Shelia Evans-Tranumn at (718) 722-2796 and James C. Viola at (518) 474-4817.

 

Recommendation

 

Staff recommend that the Board of Regents take the following actions:

 

VOTED:  That the Board of Regents approve the revision to the initial charter of the Bedford-Stuyvesant Collegiate Charter School, as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.

 

VOTED: That the Board of Regents approve the revision to the initial charter of the Charter School of Educational Excellence as amended by the resolution of the School’s Board of Trustees dated July 18, 2007 (and received by the Department on July 19, 2007), and the provisional charter is amended accordingly.

 

              VOTED: That the Board of Regents return the proposed revision to the first renewal charter of the Child Development Center of the Hamptons Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  There is no authorization in Article 56 of the Education Law for a charter school to limit admission to a summer program based on intellectual ability, measures of achievement, or disability.  The revision sought by this School seeks to establish a summer program limited exclusively to students with disabilities who have been determined by a committee on special education to need a structured learning environment of 12 months duration.  We see no authority for a charter school to limit admission to a summer program in this manner and recommend that the proposed revision be abandoned.

 

VOTED:  That the Board of Regents approve the revisions to the first renewal charter of the Eugenio Maria de Hostos Charter School, as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.

 

VOTED:  That the Board of Regents approve the revision to the initial charter of the KIPP Sankofa Charter School, as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.

 

VOTED:  That the Board of Regents approve the revisions to the first renewal charter of the Roosevelt Children’s Academy Charter School, as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.

 

Reasons for Recommendation

             

The proposed revision to the charter of the above school directly chartered by the Board of Regents, (together with the other terms of its charter):  (1) will meet the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) will permit the charter school to operate in an educationally and fiscally-sound manner; and (3) is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law.

             

Timetable for Implementation

 

Upon approval by the Board of Regents, the above actions will become effective immediately.