Meeting of the Board of Regents | December 2008

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

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Charter Schools: Proposed First Renewal Charter for Buffalo Academy of Science Charter School
DATE:	December 2, 2008
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision

 

Should the Regents approve the staff’s recommendation concerning the proposed first renewal to the charter for the Buffalo Academy of Science 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 December 2008 for action.  It will then come before the full Board for final action in December 2008.

 

Procedural History

 

              The New York Charter Schools Act of 1998 requires the Board of Regents (“Board”) to review applications for both new charter schools and the renewal of existing charter schools that are submitted to it in accordance with the standards set forth in subdivision two of New York State Education Law §2852.  After review, the Board may either (a) approve an application and issue a charter or a renewal charter for a term of up to five years, or (b) deny the application.

              In addition, New York Education Law §2852(7) provides that revisions of charter school charters shall be made only upon 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, it may either approve a proposed revision or deny it.

 

Background Information

 

We have received a request from the Board of Trustees of the Buffalo Academy of Science Charter School (“the School”), a Board of Regents authorized charter school located in Buffalo, to approve and issue a first renewal charter.   The Buffalo City School District held the required public hearing on this proposed first renewal charter on September 3, 2008.  Questions regarding curriculum and the facility were addressed.

 

The Board of Regents issued the School its initial charter on January 12, 2004.  It commenced instruction as a charter school in September 2004 serving 225 students in grades 7-9.  It currently serves 450 students in grades 7-12.  The School’s educational program emphasizes math and science.  The School requests a first renewal term to commence on January 12, 2009 up through and including June 30, 2013.  Staff recommends that the Board of Regents approve the proposed first renewal charter of the Buffalo Academy of Science Charter School for a term up through and including June 30, 2012.  

               

Recommendation

 

VOTED:  That the Board of Regents approves the renewal application of the Buffalo Academy of Science Charter School, that a first renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2012.

 

Reason for Recommendation

 

              (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 has demonstrated the ability to operate in an educationally and fiscally sound manner; (3) approving the proposed 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; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school.

 

Timetable for Implementation

 

The Regents action for the Buffalo Academy of Science Charter School will be effective on January 12, 2009.

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

 

Address: 190 Franklin Street, Buffalo, New York 14202

 

Board of Trustees President:  Yunus Kumek

 

Requested Renewal Period:  January 12, 2009 – June 30, 2013

 

District of Location: Buffalo                                     

 

Charter Entity:  Board of Regents

 

Institutional Partner(s): None

 

Management Partner(s):  None

 

Grades Served per Year:    7-12                                               

 

Projected Enrollment per Year:  400

 

 

Renewal Application Highlights

 

Evidence of Educational Soundness/ Attainment of Educational Objectives

 

1. The 2007-08 State Assessment results in English Language Arts (“ELA”) show that the Buffalo Academy of Science Charter School (“the School”), which serves students in grades 7-12, outperformed the district of location, the Buffalo Public Schools (“the District”) in grades 7 and 8 (see table below for State assessment results).  The School had 55 percent of its 7th grade students score at or above Level 3, with 44 percent of District students so scoring.  In grade 8, 35 percent of the School’s students scored at or above Level 3, while 28 percent of the District’s 8th grade students so scored.
2. The 2007-08 State Assessment results in Mathematics show that the School also outperformed the District in grades 7 and 8 (see table below for State assessment results).  In grade 7, slightly more than 61 percent of the School’s students scored at or above Level 3, while nearly 50 percent of the District’s 7th grade students so scored.  In grade 8, 63 percent of the School’s students scored at or above Level 3, while nearly 35 percent of the District’s 8th grade students so scored.
3. Since the School’s first year of operation in 2004-05 (serving students in grades 7-9), the grade 7 ELA results have shown an overall increase in the percent of students scoring at or above Level 3.
4. Since the School’s first year of operation in 2004-05, the grade 8 ELA results have also shown an increase in the percent of students scoring at or above Level 3.
5. Student cohort data show promising trends.  Students who were continuously enrolled in the School for two or more years showed growth on the State assessments in math, from grade 7 to 8, from 2005-06 to 2006-07. 
6. Math and ELA cohort results from 2006-07 to 2007-08 remained steady, with 66 percent of the student cohort scoring at or above Level 3 on each State math assessment each year, and approximately 39 percent of the student cohort so scoring each year on each State ELA assessment.
7. The School’s Regents Exam results are mixed (see table below).  For 2006-07 (the last year for which School Report Cards are available), the results range from 21 percent of the students who took the Physical Setting/Chemistry Exam passing it (as compared with 41 percent in the District), to 83 percent passing the Comprehensive Spanish Exam (as compared with 88 percent passing in the District).
8. For 2007-08, the School reports a wide range in terms of the percent of students passing any Regents Exam. For example, the Comprehensive English results reported show that 28 percent of the students taking the exam in August 2007 scored at or above 65, 77 percent of the students taking the exam in January 2008 so scored, 47 percent of the students taking the exam in June 2008 so scored.  In no instance has 100 percent of the students taking the exam scored at or above a 65 at any one time.
9. Disaggregated State Assessment results show that students with disabilities (“SWDs”) generally do not score at the same levels as their non-disabled peers.  For the 7th grade students, 43 percent scored at or above Level 3 in 2005-06, and none so scored a year later, in the 8th grade.  In 2006-07 and 2007-08, all SWDs scored at Level 2 on the grade 7 State Assessment in ELA. 
10. For grade 8, all SWDs have scored at or below Level 2 on the State Assessment in ELA all years except for 2005-06, when 33 percent scored at or above Level 3.   Results for the State Math assessment in grade 8 are only slightly better.  In 2004-05 (the School’s first year of operation), 10 percent of the SWDs scored at or above Level 3, while 40 percent did so in 2005-06, nearly 17 percent did so in 2006-07, and the data are not yet available for 2007-08.
11. The School recognizes that its results for SWDs are not at acceptable levels, and will focus its efforts on improving academic results for those students.
12. In 2005-06, the School met three of its four academic goals (one each in ELA, Math, Science, and Social Studies).  It did not meet its Science goal.  An item analysis showed that the School’s curriculum was not adequately aligned with the New York State Learning Standards, so the School re-worked the curriculum to ensure alignment.
13. In 2007-08, the School met three of its four academic goals (Math, Science, and Social Studies), and was very close on the fourth (ELA).  In addition, the School has met its four cumulative growth goals (one each in ELA, Math, Science, and Social Studies). 
14. The School is close to meeting its two remaining goals of having 100 percent of its students who entered grade 9 in 2004-05 completing all required credits by the end of 2007-08 (94 percent actual attainment – two out of 36 students did not complete credit requirements), and having 100 percent of its students who entered grade 9 in 2004-05 passing all required Regents Exams with a minimum score of 65 by the end of 2007-08 (94 percent actual attainment - two out of 36 students did not complete credit requirements).
15.  All June 2008 graduates were accepted into college.
16. The School has surpassed the State Performance Index as established by the Commissioner of Education every year, for middle-level ELA, Math, and Science.
17. The School has made Adequate Yearly Progress during each of its four years of operation.
18. The School’s Board of Trustees (“BOT” or “the Board”) has remained stable, with nearly all members of its initial BOT remaining.  Membership on the Board includes college professors in science and engineering, a financial analyst, a research associate in science education, a certified school administrator, a retired educator and community leader, and a counselor.  The BOT meets at least 12 times per year.
19.  The first third of each Board of Trustees meeting’s agenda is devoted to academics.
20.  The Board of Trustees engages in regularly scheduled training to help them focus on student learning as well as governance.
21. The School’s administrative leadership has remained stable.  The School’s first Director left in October 2005, and was replaced by the then-Operations Manager (who has also a founder of the School), who has remained as Director since. 
22. The BOT has consistently and quickly addressed any issues or concerns raised by the Department as part of its on-going routine monitoring.  Several concerns have been raised relating to the implementation of the School’s discipline policy and dress code.
23. Teacher attrition was very high after the School’s first year of operation (50 percent).  Several left to accept other positions, and the contracts for several others were not renewed.  At the end of the 2007-08 school year, the contracts for 88 percent of the teachers were renewed. 
24.  The School’s administration and BOT have been responsive to all concerns raised by the Department.  The staff is dedicated and enthusiastic.  The School has been able to meet most, but not all of its goals.  Academic results for students with disabilities are particularly weak, and overall English Language Arts results remain a concern, especially at grade 8.   There does not yet seem to be consistency implementing the School’s discipline policy. As a result, staff recommends that the School’s charter be renewed for a term up through and including June 30, 2012 (three and a half years).

 

Buffalo Academy of Science Charter School

Student Achievement Data 2004-05 Through 2007-08

 

School/Assessment	2004-05	2005-06	2006-07	2007-08
BASCS ELA 7	NA	42	43	55
BPS ELA 7	NA	27	27	44
BASCS Math 7	NA	31	67	61
BPS Math 7	NA	22	29	50
BASCS ELA 8	14	24	32	35
BPS ELA 8	26	21	34	28
BASCS Math 8	15	32	44	63
BPS Math 8	24	17	25	34

 

 

Buffalo
Academy of Science Charter School

Percent Passing Regents Exams

Compared with the Buffalo City School District

2006- 2007

Regents Exam	Percent Scoring At or Above 65
	BASCS	Buffalo
Comprehensive English	67	65
Mathematics A	74	46
Global History & Geography	38	44
US History & Government	67	64
Living Environment	62	51
Physical Setting/Earth Science	46	37
Physical Setting/Chemistry	21	41
Comprehensive Spanish	83	88

 

                                         

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

• The School has conducted an annual fiscal audit for each year of operation.  A statement from the School’s auditors indicates that while the School has experienced a net loss for the years ending June 30, 2007 and 2006 (of $57,249 and $125,675 respectively), the School had $245,038 in unrestricted net assets as of June 30, 2007.
• The School moved to a new location for the 2007-08 school year and had to expense depreciation of $315,144 for leasehold improvements over the past two years.  If this had not been the case, the School would have had a net surplus for each of those years.  In addition, revenue showed a positive increase from 2006 to 2007 of $767,564.   The auditors did not indicate any concern for the fiscal health of the School.
• The Board of Trustees Finance committee meets weekly.

 

 

 

Projected* Fiscal Impact of the

Buffalo
Academy of Science Charter School

2009-10 Through 2012-13

School Year	Number of Students	Projected Impact (Percent of Total District Budget)
2009-10	400	0.57
2010-11	400	0.58
2011-12	400	0.59
2012-13	400	0.60

 

*Assumes a 3.0 percent annual increase in the district’s budget and a 4.5 percent annual increase in the average expense per pupil.  Projections are subject to fluctuation in actual enrollments, FTE enrollments, AOE, and district budgets.  Further assumes all students will come from the district of location.

 

 

 

 

 

 

 

 

 

 

 

 

 

Projected*

Fiscal Impact Of All Charter Schools In Buffalo

2009-10 Through 2013-14

School	2009-10	2010-11	2011-12	2012-13
Aloma D. Johnson Fruit Belt Community Charter School	0.30	0.39	0.39	0.40
Buffalo Academy of Science CS	0.57	0.58	0.59	0.60
Buffalo United CS	0.89	0.90	0.91	0.93
CS for Applied Technologies**	1.90	1.90	1.90	1.95
COMMUNITY CS	0.44	0.44	0.45	0.46
Elmwood Village CS	0.22	0.23	0.23	0.23
Enterprise CS	0.50	0.52	0.53	0.54
King Center CS	0.13	0.13	0.14	0.14
Oracle CS	0.46	0.46	0.47	0.48
Pinnacle CS	0.61	0.62	0.63	0.64
South Buffalo CS	0.79	0.80	0.81	0.82
Tapestry CS	0.52	0.61	0.66	0.67
Western NY Maritime CS	0.41	0.42	0.42	0.43
Westminster Community CS	0.70	0.71	0.72	0.73
Total Projected Impact	8.44	7.85	8.85	9.02

*Assumes a 3.0 percent annual increase in the district’s budget and a 4.5 percent annual increase in the average expense per pupil.  Projections are subject to fluctuation in actual enrollments, FTE enrollments, AOE, 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 2009-10 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

1. The results of the 2007-08 parent survey show that 91 percent of the parents who responded agreed that they felt welcome at the School; 89 percent agreed that the School met the academic needs of their children; 88 percent agreed or strongly agreed that the teachers’ expectations were well-known to parents; 95 percent felt well-informed of their child’s progress at the School.
2. The School’s enrollment has ranged between 85 – 88 percent of its maximum target.
3. Re-enrollment has been 90 percent for the past two years.
4. All special education and ELL/LEP students have returned from the previous school year.