Meeting of the Board of Regents | May 2007

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

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Charter Schools: Renewal Charter
DATE:	May 16, 2007
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Action

 

Should the Regents approve the staff’s recommendation regarding the proposed renewal of the charter from the Trustees of the State University of New York (“SUNY”) for the International Charter School of Schenectady (Rotterdam-Mohonasen)?

 

Reason(s) for Consideration

 

              Required by New York State Education Law §2852.

 

Proposed Handling

 

This question will come before the Full Board on May 21, 2007 for action. 

 

Procedural History

 

              The New York Charter Schools Act of 1998 requires the Board of Regents to review proposed charters and renewal charters that are submitted to it from other charter entities in accordance with the standards set forth in subdivision two of New York State Education Law Section 2852.  After review, the Board of Regents may either (a) approve and issue the charter or renewal charter as proposed by the charter entity, or (b) return the proposed charter or renewal charter to the charter entity for reconsideration with the written comments and recommendations of the Board of Regents.

 

 

Background Information

 

              We received a proposed second renewal charter from the Trustees of the State University of New York for the International Charter School of Schenectady (Rotterdam-Mohonasen).

 

              InternationalCharter School of Schenectady:   The International Charter School of Schenectady (the “School”) is located in Schenectady County within the Rotterdam-Mohonasen Central School District.  The School employed SABIS Educational Systems, Inc. as its management partner until March 2007. 

 

The Regents approved the School’s initial charter on April 04, 2000.  Facility related setbacks delayed the School’s opening for two years. In September 2002, the School opened in a facility located within the Schenectady City School District serving 267 students in Kindergarten through grade 4. The School currently serves 693 (maximum 724) students in Kindergarten through grade 8 toward its planned goal of operating a Kindergarten through grade 12 building.

 

In March 2005, the Regents voted to return the proposed second renewal charter of the International Charter School of Schenectady received from SUNY based on concerns about the projected increase in enrollment and the inadequacy of space in its present facility, and the lack of data to demonstrate academic success.  SUNY resubmitted a revised proposed renewal charter identifying another facility to a site within the Rotterdam-Mohonasen CSD, which is contiguous to the Schenectady CSD and within a few blocks of the previous site. The new (now present) site allowed the School to accommodate its projected enrollment increases and to expand to its current enrollment of 693 students in Kindergarten through grade 8. The Board of Regents issued the charter renewal which extended the School’s charter for two years. 

 

In early March 2007, the School’s Board of Trustees voted to terminate its contract with SABIS effective at the end of the 2006-2007 school year.  On March 19, 2007, SABIS submitted a proposed second renewal charter on behalf of the School to SUNY’s Charter Schools Institute (CSI).  A letter included in the charter renewal application from Ms. Doris Belton, President of the School’s Board of Trustees, to Dr. Jennifer Sneed, Acting Director of the Charter School’s Institute, begins as follows:

 

“This letter is in response to the Committee on Charter Schools of the State University of New York’s expressed concern regarding the academic program of the International Charter School of Schenectady (ICSS) as it relates to the school’s termination of its contract with SABIS Educational System, Inc.  This action was taken only after considerable thought to the impact on the students and instructional program.  Additionally, contrary to media reports, SABIS has been asked to continue in the management role until the end of the 2006-07 school year. …The Educational Committee of the BOT was charged with examining the significant decline of student performance on State tests, the CSI Renewal Visit Report, recent parent reports to the Board, and withdrawal of students. …The disappointing response from SABIS, the Independent Evaluation Report and observations confirmed the need for immediate corrective action to maintain a level of excellence in a school which had gone from an award-winning school to one with disappointing performance.”

 

  On March 20, 2007, concerns about the academic program and the lack of sufficient assessment data led SUNY to approve a short-term renewal charter of the School for a term of one year through July 31, 2008, rather than the CSI-staff recommendation of three years.  In addition, SUNY has requested a transition plan from the School’s Board of Trustees by May 15, 2007 to CSI.  The plan is expected to include, but is not limited to, specific descriptions of the Board of Trustees’ self-management structure and model; a recruitment plan for a new school leader, teachers, and students; a redesigned curriculum to replace the SABIS-owned curriculum; and a comprehensive professional development plan to support instruction.

 

On March 22, 2007, we received the proposed second renewal charter from SUNY to present to the Regents for consideration.  The proposed second renewal charter, however, identified SABIS as the School’s educational management company and reflected no substantive change in the School’s governance, educational program, or school policies (i.e., student discipline) during the proposed one-year renewal period even though SABIS is expected to stay only through June 30, 2007.

 

On March 23, 2007, SABIS and the SABIS-employed School Leader resigned from the School taking the SABIS-owned curriculum, data management systems, and learning software from computers in the student computer lab with them.  The School’s charter expired on April 4, 2007.

 

              The Department‘s Office of Public Schools Choice Programs did not learn of SABIS’ or the School Leader’s departure until April 30, 2007 when unit staff called to inform the School Leader of our visit to the School on May 2, 2007.  Staff did visit the School on May 2, 2007 and met with the newly hired Interim School Leader, the newly hired Instructional Support Leader/Curriculum Developer, the School’s Business Manager, the President of the Board of Trustees, and the Secretary/Treasurer of the Board of Trustees. Staff also toured the building, observed classroom instruction, and checked teacher certification and fingerprinting records. 

 

During the visit, staff discussed a number of concerns with the Board of Trustees.  Staff asked about the School’s immediate and long-term plan to: independently manage and operate the School without a management company; replace the SABIS owned fiscal management and data management systems; replace the SABIS owned curriculum program; recruit and retain a new school leader, teachers, and students; involve and communicate with parents about the academic program and discipline procedures among other matters; and continue with planned facility renovations.

 

Staff visiting the School were reasonably confident of the School’s ability to deliver instruction in a safe and supportive environment for the remainder of the school year.  Staff observed a clean, safe, and orderly school with teachers providing a reasonably rigorous educational program (and teachers receiving hands-on professional development and modeling in the classroom), and we observed students who were fairly well engaged and disciplined. Staff observed that the current School leadership has made some immediate and substantive changes to ensure students are continuing to receive a quality education. 

 

Despite the positives, the academic program is unknown in terms of what curriculum is in use and whether that curriculum is aligned with all 28 learning standards as well as what textbooks and instructional materials are in place and whether those resources are aligned with the curriculum.  We, therefore, share SUNY’s concerns about the academic program and we believe that student performance on the State assessments is likely to suffer as a result of the absence of a curriculum and a host of other difficulties the school has faced over the last few months to a year. 

 

However, the changes the School has made and plans to make to successfully complete this school year, let alone the next school year, are substantial.  In the opinion of staff, the application for renewal of the School’s charter as submitted by SUNY to the Regents does not reflect the School as it exists today.  Therefore, staff recommend that the Regents return the proposed renewal charter to SUNY.

 

              Complete copies of the above are available for your review by contacting James C. Viola at 518-474-4817.

 

Recommendation

 

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

 

VOTED: That the Board of Regents return the proposed second renewal charter of the International Charter School of Schenectady to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  The International Charter School of Schenectady as it currently exists is significantly different in a number of material respects than the school that is described in the documents and materials submitted to the Board of Regents for review.  It is therefore recommended that either (a) the proposed second renewal charter be amended to change the school’s renewal term to the end of the 2006-2007 school year at most, or that (b) the proposed second renewal charter be resubmitted to the Board of Regents with sufficient documentation of the ability of the school to operate in an educationally and fiscally sound manner for the term of the renewal, including but not limited to information on the School’s plan to independently manage and operate the School without a management company; the School’s academic program, textbooks and instructional materials, student discipline policies and a plan for recruiting a new school leader as well as teachers and students..

 

Timetable for Implementation

 

Because the School’s charter expired on April 4, 2007, the Regents action for the International Charter School of Schenectady will become effective immediately.

 New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

 

Address:  901 Draper Avenue, Rotterdam, NY 12306

 

Board of Trustees President:  Doris L. Belton

 

Renewal Period:  April 4, 2007-July 31, 2008

 

District of Location:  Rotterdam-Mohonasen CSD

 

Charter Entity:  SUNY Board of Trustees

 

Institutional Partner(s): None

 

Management Partner(s):  SABIS Educational Systems, Inc.

 

Grades Served Per Year:   K-8

 

Projected Enrollment Per Year:  693

 

 

Renewal Application Highlights

Evidence of Educational Soundness/Attainment of Educational Objectives

• The School has demonstrated mixed results in both ELA and mathematics.  The School has generally posted solid results on the New York State Testing Program (NYSTP) assessment in mathematics including meeting for the most part the required level of student proficiency; its ELA results have generally been below standard.
• From a different perspective, after registering overall strong ELA and mathematics results in 2004-05, the third year of the charter, the School’s results were notably lower in the fourth year.
• The School came close to meeting the ELA and mathematics goals contained in its Accountability Plan in 2004-2005.
• In 2005-06, the School did not meet either of these key subject goals. 
• The School has generally met its science goal.
• The School has not met its social studies goal, but is making progress toward meeting it. 
• The School is deemed to be in good standing according to the State’s NCLB accountability system.
• The School has experienced a great deal of teacher turnover with nearly half of its teachers employed in the school for less than a year.  The teachers have not yet fully employed or embraced the SABIS model.
• The School has not used student data to modify instruction and improve student achievement.
• The School has had a change in school leadership within the last year.

Evidence of Fiscal Soundness/Projected Fiscal Impact

• The School completed the 2005-06 school year in stable financial condition and has generally been stable through its existence.
• The School has a manageable long-term debt related to the purchase and renovation of its facility and has generated sufficient cash to fund ongoing operations.
• The School has established appropriate controls and procedures.  Although the School’s prior year audit reports have identified three reportable conditions related to deficiencies in the design and operation of its internal control over financial reporting, the School has taken corrective actions in a timely manner to remedy each deficiency. 
• The School has not been cited for any material weaknesses in internal control nor has it been cited for non-compliance.
• The School has successfully operated in a fiscally sound manner as it has grown to its current grade configuration and is likely to continue to do so assuming continued enrollment demand.
• The School has presented a reasonable and appropriate fiscal plan for the proposed new charter period.
• Students have returned to the School at a high rate from year to year which should help the School reach its enrollment goals.  However, the School’s waiting list has been small.

 

Potential Fiscal Impact of the Renewal Charter for the

International
Charter School of Schenectady

Based on Students Enrolled Who Reside Within

The Schenectady City School District

School Year	Students	Projected Payment	Projected Impact
2004-05	450*	$3,717,900	3.64%
2005-06	566*	$4,912,880	4.46%
2006-07	685**	$6,241,720	5.07%
2007-08	740**	$7,096,600	5.07%

*Actual number of enrolled students who reside within the Schenectady CSD as reported in the School’s Annual Report; **Projected number of enrolled students who reside within the Schenectady CSD.

Evidence of Parent and Student Satisfaction and Community Support

• Parents have positive attitudes about the School, especially appreciating the safe environment, the attention paid to each child’s academic performance, and the college prep orientation.
• Parents indicated the School offered a strong educational program in a disciplined, safe school.
• Parents believed their children were making gains academically and that discipline was fair and tough, although they acknowledge that there are students who repeatedly get in trouble and that the upper grades do have discipline problems.
• Parents do not feel they know the “SABIS” model.
• Parents representing only 56 percent of the students responded to the survey, suggesting that the degree of satisfaction may not be as positive among the entire parent population.
• However, the retention rate from the previous June is reported to have been 96 percent in September 2006, up from 87 percent in September 2005 (excluding students who moved and for special education placements). 
• A letter dated January 8, 2007 from the Superintendent of the Schenectady City School district recommends that SUNY not renew the charter for the International Charter School of Schenectady.  The Superintendent cites several reasons:  poor performance by the students in the charter school, one of the largest in the State, while enrolling a “dramatically” lower percentage of students with disabilities and English Language Learners; the district realizes no savings, as its enrollment continues to increase, compounded by the closing of five private/parochial schools; and the actual budget impact equals six percent of the current school year budget, an increase of four percent from the 2002-03 school year.

Summary of Charter Entity’s Findings and Recommendations

 

The Trustees of the State University of New York made the following findings and/or recommendations:

 

• The School has submitted an application for a short-term renewal that meets the requirements of Education Law subdivision 2851(4).
• The School meets the requirements of the Charter Schools Act and all applicable laws, rules, and regulations, and would be operated in an educationally and fiscally sound manner during the renewal period.
• Granting a short-term charter renewal for instruction in kindergarten through eighth grade with a maximum projected enrollment of 890 students would likely improve student learning and achievement and materially further the purposes of the Act as set forth at subdivision 2850(2) of the Education Law.
• A short-term renewal will assist the School in its development of a new School management/operational plan as well a new instructional program for the 2007-08 school year when the School will operate without a management partner.
• SUNY recommends the charter be renewed through and including July 31, 2008.

 

 

Recommendation

Return the proposed second renewal charter to the Trustees of the State University of New York for reconsideration.

 

 

 Reasons for Recommendation

 

As a result of the departure the School’s educational management partner, the School’s academic program and leadership are in transition, and it is not clear what affect this will have on teacher instruction and student performance.  Accordingly, it cannot be determined at this time whether (1) The charter school meets the requirements set out in Article 56 of the Education Law and all other applicable laws, rules, and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; and/or (3) granting a renewal 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.

 

 

   

Attachment 1

 

International
Charter School of Schenectady

English Language Arts – Grade 4

 

 

Year	Level 1	Level 2	Level 3	Level 4
2002-03	16.7%	36.7%	40%	6.7%
2003-04	7%	62%	26.6%	3.5%
2004-05	0%	27.7%	63%	9.3%
2005-06	20%	40%	40%	0%

 

 

Mathematics – Grade 4

 

 

Year	Level 1	Level 2	Level 3	Level 4
2002-03	17.2%	10.3%	51.7%	20.7%
2003-04	3.3%	26.7%	50%	20%
2004-05	0%	0%	82.7%	17.3%
2005-06	15%	33%	44%	8%

 

 

 

Science – Grade 4

 

 

	Level 1	Level 2	Level 3	Level 4
2002-03 (n=27)	48.1% with Level 2*		51.9% with Level 4*
2003-04 (n=30)	3.3%	16.7%	63.3%	16.7%
2004-05 (=56)	0%	14.3%	50%	35.7%

*Breakout not provided by SED

 

 

 

Social Studies- Grade 5

 

	Level 1	Level 2	Level 3	Level 4
2002-03 (n=30)	29.1%	14.5%	47.3%	9.1%
2003-04 (n=29)	24.1%	10.3%	55.2%	10.4%
2004-05 (n=58)	15.6%	12%	50%	22.4%

Attachment 2

 

International
Charter School of Schenectady

Performance on State Assessments vs. Schenectady City School District

 

	Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4
International CSS	ELA 4	2003	16.7	36.7	40.0	6.7
Schenectady CSD	ELA 4	2003	7.9	44.6	37.9	9.5
International CSS	ELA 4	2004	6.9	62.1	27.6	3.4
Schenectady CSD	ELA 4	2004	4.7	24.9	51.4	19.0
International CSS	ELA	2005	20.0	40.0	40.0	0.0
Schenectady CSD	ELA	2005	10.0	21.0	59.0	10.0
International CSS	Math 4	2003	17.2	10.3	51.7	20.7
Schenectady CSD	Math 4	2003	5.6	24.9	52.1	17.5
International CSS	Math 4	2004	3.3	26.7	50.0	20.0
Schenectady CSD	Math 4	2004	7.8	47.4	40.9	3.9
International CSS	Math	2005	15.0	33.0	44.0	8.0
Schenectady CSD	Math	2005	8.0	15.0	56.0	21.0

 

 

While ICSS is located within the Rotterdam-Mohonasen CSD, it draws approximately over 95% of its students from the Schenectady CSD, so a comparison with the Schenectady CSD is provided.