Meeting of the Board of Regents | January 2008
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
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FROM: |
Johanna Duncan-Poitier |
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SUBJECT: |
Enterprise Charter School’s Proposed First Renewal Charter
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DATE: |
January 4, 2008 |
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STRATEGIC GOAL: |
Goals 1 and 2 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for Decision
Should the Regents approve the staff’s recommendations concerning the proposed first renewal of the charter for the Enterprise Charter School (Buffalo)?
Reason(s) for Consideration
Required by State statute, Education Law §2852.
Proposed Handling
This question will come before the EMSC Committee in January 2008 for action. It will then come before the full Board for final action in January 2008.
Procedural History
The New York Charter Schools Act of 1998 requires the Board of Regents to review, in accordance with the standards set forth in Education Law §2852(2), proposed charters, renewal charters and revisions to charters and renewal charters that have been approved and submitted by other charter entities. The Board of Regents may either approve and issue a charter, renewal charter and/or revision as proposed by the charter entity, or return the same to the charter entity for reconsideration with written comments and recommendations.
Background Information
We have received a proposed first renewal charter for the Enterprise Charter School (“the School”), in Buffalo, which will be presented to you at your January 2008 meeting. The School’s charter entity is the Board of Education of the City School District of the City of Buffalo (“BOE”).
The initial charter for the Enterprise Charter School (“the School”) was granted by the Board of Regents at its March 23, 2003 meeting, for a term of five years. It currently serves 605 students in grades K-12. The School’s student academic results are weak, especially at the secondary level, and in English language arts overall. In addition, a recent audit conducted by the Office of the State Comptroller (“OSC”) for the period July 1, 2005 through February 21, 2007 (and which was received by the Department on December 7, 2007) raises significant questions relating to the school’s financial and/or accounting practices. The Board of Education of the City School District of the City of Buffalo has approved and is recommending a five-year renewal, allowing the School to serve 605 students in grades K-12 through June 30, 2008 only, and then serve 405 students in grades K-8 for the remainder of its first renewal charter term.
Recommendation
VOTED: That the Board of Regents returns the proposed first renewal charter of the Enterprise Charter School to the Board of Education of the City School District of the City of Buffalo for reconsideration, and with the following comments and recommendations: The school’s academic results, as well as the results of a recent audit conducted by the Office of the State Comptroller, raise significant concerns regarding the school’s ability to operate in an educationally or fiscally sound manner and whether a renewal for the period of time sought (five years) is likely to improve student learning and achievement. It is therefore recommended that the Board of Education of the City School District of the City of Buffalo abandon its request for a five-year renewal of the school’s charter and, after conducting all necessary hearings, submit a proposed charter which, at most, runs through the end of the 2007-2008 school year (i.e., for a term ending on June 30, 2008).
Timetable for Implementation
The Regents action for the Enterprise Charter School is effective immediately.
New York State Education Department
Summary of Charter School Renewal Information
Summary of Applicant Information
Address: 275 Oak Street, Buffalo, NY 14203
Board of Trustees President: Mr. Theron Howard
Requested Renewal Period: March– 2008 – March -- 2013
District of Location: Buffalo
Charter Entity: The Board of Education of the City School District of the City of Buffalo
Institutional Partner(s): Buffalo State College
Management Partner(s): N/A
Grades Served per Year: K – 12, then K-8
Projected Enrollment per Year: 605, then 405
Renewal Application Highlights
Evidence of Educational Soundness/ Attainment of Educational Objectives
- For the 2006-07 school year, the Enterprise Charter School (“the School”) made Adequate Yearly Progress (“AYP”) for grades 4 and 8 English language arts (“ELA”) and math, grades 4 and 8 science, and grades 5 and 8 social studies.
- For the 2006-07 school year, the School did not make AYP for Comprehensive English, Math A, Math B, Earth Science, Physics, Global History and Geography, or US History and Government.
- The School did not meet any of its academic goals during 2006-07. The stated goal was for all students to achieve at or above Level 3 on all State assessments. Actual attainment ranged from seven percent attaining the goal in physics, to 65 percent attaining the goal in grade 4 math.
- The School has been designated as a School In Need of Improvement and will undergo a School Quality Review.
- Overall ELA results are weak (see tables below). The percent of grade 4 students in 2004-05 who scored at proficient levels (i.e., at or above Level 3) was 36.9. One year later, in grade 5, only 31 percent so scored, and one year after that, as 6th graders, 39.1 percent so scored.
- The percent of grade 6 students in 2005-06 who scored at proficient levels in ELA was 30. One year later, in grade 7, 21.7 percent so scored.
- Overall math results seem to be improving, and some dramatic fluctuations are noted. The percent of grade 4 students in 2004-05 who scored at proficient levels was 73.9. One year later, in grade 5, 30 percent so scored, and one year after than as 6th graders, 68.1 percent so scored.
- The percent of grade 6 students in 2005-06 who scored at proficient levels in math was 27. One year later, in grade 7, 45.9 percent so scored.
- In 2006-07, 80 percent of the grade 3 students scored at proficient levels, 65.1 percent of grade 4 students so scored, and (as noted above) 68.1 percent of the 6th graders scored at proficient levels.
Enterprise
Charter School
Grades 3 – 8 ELA Assessments
Percent of Students Scoring at Levels 1 - 4
2003-07
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Charter |
Grade 3 |
Grade 4 |
Grade 5 |
Grade 6 |
Grade 7 |
Grade 8 |
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L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
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2003-04
Enterprise Buffalo City Schools |
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31.3
16.0 |
52.1
49.8 |
14.6
30.0
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2.1
4.3 |
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20.9
14.9 |
62.8
59.2 |
16.3
22.2 |
0.0
3.7 |
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2004-05
Enterprise Buffalo City Schools |
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13.0
17.1 |
50.0
43.6 |
32.6
32.9 |
4.3
6.3 |
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20.4
17.1 |
63.3
56.9 |
16.3
22.1 |
0.0
4.0 |
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2005-06
Enterprise Buffalo City Schools |
20
25 |
59
38 |
22
36 |
0
2 |
30
27 |
38
35 |
32
35
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0
3 |
11
22 |
58
43 |
29
31 |
2
3 |
12
21 |
58
48 |
28
29 |
2
2 |
18
24 |
60
50 |
22
25 |
0
2 |
25
24 |
57
56 |
16
20 |
2
1 |
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2006-07
Enterprise Buffalo City Schools |
18.2
26.1 |
47.7
38.6 |
34.1
33.7 |
0.0
1.6 |
4.3
21.6 |
50.0
38.6 |
43.5
38.2 |
2.2
1.7 |
8.5
15.5 |
61.7
45.7 |
29.8
37.2 |
0.0
1.6 |
2.2
7.3 |
58.7
57.6 |
39.1
32.7 |
0.0
2.4 |
10.9
17.7 |
67.4
55.4 |
21.7
25.7 |
0.0
1.2 |
8.0
12.0 |
64.0
54.6 |
28.0
31.9 |
0.0
1.5 |
Grades 3 – 8 Math Assessments
Percent of Students Scoring at Levels 1 - 4
2003-07
|
Charter |
Grade 3 |
Grade 4 |
Grade 5 |
Grade 6 |
Grade 7 |
Grade 8 |
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L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
L1 |
L2 |
L3 |
L4 |
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2003-04
Enterprise Buffalo City Schools |
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10.6 6.4 |
55.3 31.1 |
25.5 51.4 |
8.5 11.1 |
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52.3 22.4 |
40.9 44.3 |
6.8 30.3 |
0.0 3.0 |
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2004-05
Enterprise Buffalo City Schools |
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2.2 7.4 |
23.9 26.0 |
56.5 50.6 |
17.4 15.9 |
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50.0 32.2 |
41.7 43.5 |
8.3 23.1 |
0.0 1.2 |
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2005-06
Enterprise Buffalo City Schools |
0
29 |
42
31 |
53
37 |
4
3 |
13
23 |
40
30 |
38
42 |
9
6 |
36
40 |
34
32 |
25
24 |
5
3 |
38
38 |
35
35 |
25
25 |
2
2 |
44
35 |
51
43 |
4
20 |
0
2 |
54
35 |
44
48 |
2
16 |
0
1 |
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2006-07
Enterprise Buffalo City Schools |
6.7
24.3 |
13.3
32.7 |
73.3
39.9 |
6.7
3.1 |
4.7
23.1 |
30.2
32.5 |
53.5
38.5 |
11.6
5.9 |
10.4
24.8 |
50.0
37.2 |
39.6
33.8 |
0.0
4.3 |
9.1
27.1 |
22.7
35.1 |
63.6
34.0 |
4.5
3.8 |
12.5
21.8 |
41.7
49.1 |
41.7
26.1 |
4.2
3.0 |
21.6
27.0
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35.3
47.2 |
43.1
24.4 |
0.0
1.4 |
Enterprise
Charter School
Regents Exams Results
2006-07
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Comp. English
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32%
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4%
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52%
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12%
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25%
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5%
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55%
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15%
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60%
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0%
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40%
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0%
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6/07
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Math A
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44%
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50%
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6%
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0%
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36%
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64%
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0%
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0%
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60%
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20%
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20%
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0%
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1/07
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Math A
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50%
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29%
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21%
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0%
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50%
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29%
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21%
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0%
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75%
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13%
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13%
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0%
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6/07
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Math B
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33%
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33%
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34%
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0%
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33%
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33%
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34%
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0%
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NA
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NA
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NA
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NA
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6/07
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Global History & Geography
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65%
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11%
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25%
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0%
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57%
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13%
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30%
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0%
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100%
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0%
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0%
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0%
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6/07
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US Hist. & Gov.
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36%
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14%
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32%
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18%
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30%
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12%
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35%
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24%
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60%
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20%
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20%
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0%
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6/07
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Living Env.
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29%
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29%
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29%
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14%
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33%
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33%
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17%
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17%
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0%
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0%
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100%
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0%
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1/07
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Living Env.
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11%
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7%
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78%
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4%
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11%
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5%
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79%
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5%
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14%
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14%
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71%
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0%
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6/07
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Physical Setting/Earth Sci.
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0%
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67%
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33%
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0%
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0%
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67%
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33%
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0%
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NA
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NA
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NA
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NA
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1/07
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Physical Setting/Physics
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93%
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05
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7%
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0%
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91%
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0%
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9%
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0%
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100%
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0%
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0%
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0%
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6/07
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Comp. LOTE
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55%
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10%
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30%
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5%
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56%
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13%
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25%
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6%
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50%
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0%
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55%
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0%
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6/07
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Evidence of Fiscal Soundness/Projected Fiscal Impact
- The School’s charter renewal application asserts that the School “has demonstrated itself to be a financially sound and viable education corporation.” It also asserts that the BOT “has exercised fiscal control and shown effective oversight of the school’s budget and financial policies.” However, a recent OSC audit covering the period of July 1, 2005 through February 21, 2007 raises significant questions relating to the school’s financial and/or accounting practices. Among other things, the OSC concluded that the BOT “failed to adequately monitor whether established procedures were being followed by management” which, according to the OSC, “resulted in unauthorized, insufficiently documented and inaccurate salary, separation and contractual payments to the former Chief Executive Officer.” A complete copy of the OSC’s audit is available for inspection.
- The School has secured loans and lines of credit with local banks.
- The School asserts that closing its high school program (i.e., grades 9-12) “will release additional resources for investment aimed towards meeting the academic needs of its remaining K-8 students.” The School does not say from whence such ‘additional resources” will come, especially since the loss of its grades 9-12 student population will also mean a reduction in revenues.
- The School’s independent audit for the year ending June 2006 found no material weaknesses.
Projected*
Fiscal Impact
of the
Enterprise Charter School
2008-09 Through 2012-13
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School Year |
Number of Students |
Projected Impact (Percent of Total District Budget) |
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2008-09 |
405 |
0.57 |
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2009-10 |
405 |
0.56 |
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2010-11 |
405 |
0.55 |
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2011-12 |
405 |
0.54 |
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2012-13 |
405 |
0.53 |
*Assumes a 4.5 percent annual increase in the district’s budget and a 3 percent annual increase in the average expense per pupil. Projections are subject to fluctuation in actual enrollments, FTE enrollments, AEP, and district budgets. Further assumes all students will come from the district of location.
Projected*
Fiscal Impact
Of All Charter Schools
In Buffalo
2008-09 Through 2012-13
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Buffalo Academy of Science CS
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0.63
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0.62
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0.61
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0.60
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0.59
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Buffalo United CS
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0.98
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0.96
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0.95
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0.94
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0.92
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CS for Applied Technologies**
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1.75
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1.73
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1.70
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1.68
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1.65
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COMMUNITY CS
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0.49
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0.48
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0.47
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0.47
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0.46
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Elmwood Village CS
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0.24
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0.24
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0.24
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0.23
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0.23
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King Center CS
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0.15
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0.14
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0.14
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0.14
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0.14
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Oracle CS
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0.50
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0.50
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0.49
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0.48
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0.47
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Pinnacle CS
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0.67
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0.66
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0.65
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0.64
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0.63
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South Buffalo CS
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0.98
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0.97
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0.96
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0.94
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0.93
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Tapestry CS
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0.57
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0.66
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0.68
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0.67
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0.66
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Western NY Maritime CS
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0.49
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0.48
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0.47
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0.47
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0.46
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Westminster Community CS
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0.77
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0.76
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0.75
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0.74
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0.72
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*Assumes a 4.5 percent annual increase in the district’s budget and a 3 percent annual increase in the average expense per pupil. Projections are subject to fluctuation in actual enrollments, FTE enrollments, AEP, and district budgets. Further assumes all students will come from the district of location, and that all other charter schools will still be in operation from 2008-09 forward.
** Located within Kenmore-Tonawanda CSD but receives approximately 85 percent of its student enrollment from Buffalo. Impact is therefore calculated upon 85 percent of its anticipated enrollment.
Evidence of Parent and Student Satisfaction and Community Support
- The renewal application asserts that 93 percent of the parents responding to the survey are “highly satisfied” or “satisfied” with the School.
- The School has a waiting list of 370 students.
- The renewal application asserts that 70 percent of the middle-school and high-school students were “satisfied” with the School.
- The results for the April 2006 and December 2006 student perception surveys were provided, but none were provided subsequent to December 2006.
- No results for any of the parent perception surveys were provided.
- Unsigned letters of support purported to be from four parents were submitted.
- The City School District of the City of Buffalo held a public hearing on November 7, 2007. No comments were generated.