Meeting of the Board of Regents | February 2008

SUMMARY

Issue for Decision

Should the Regents approve the staff’s recommendations concerning the proposed charter revision as submitted by the Trustees of the State University of New York for the Girls Preparatory Charter School of New York (New York City)?

Reason(s) for Consideration

              Required by State statute, Education Law §2852.

Proposed Handling

This question will come before the EMSC Committee in February 2008 for action.  It will then come before the full Board for final action in February 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 received a request from the Trustees of the State University of New York (“SUNY”) to revise the charter of the Girls Preparatory Charter School of New York (the “School”) The School seeks to increase its escrow or reserve account for the purposes of dissolution to a minimum of $75,000 rather than $25,000.  The School also seeks to reduce total enrollment in the 2007-2008 and in the 2008-2009 school year (See Table 1). However, upon obtaining a new or additional facility, the proposed revision would allow the School to increase its enrollment back up to the levels authorized by its current charter without seeking the approval of SUNY and the Board of Regents. .

Table 1: Proposed Revised Enrollment

               Pursuant to Education Law §2857(1), prior to the issuance, revision or renewal of a charter, the school district in which the charter school is located is required to hold a public hearing in the community potentially impacted by the charter school to solicit comments from the community.  The School is located in community school district 1.  The New York City Department of Education held a hearing in community school district 2 regarding the revision being proposed herein.  Therefore, the hearing was not held in the community potentially impacted by the School.  In addition, staff objects to permitting the School to unilaterally increase its enrollment at an unknown future date without requiring the School to seek the approval of SUNY and the Board of Regents.  Staff, therefore, recommend the Board of Regents return this proposed revision.

Recommendation

VOTED: That the Board of Regents return the proposed revision to the initial charter of the Girls Preparatory Charter School of New York to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That the proposed revision be resubmitted to the Regents for reconsideration after a public hearing is held in the community potentially impacted by the charter school in accordance with both Education Law §2857(1) and 8 NYCRR 119.4 and that the proposed revision be modified to eliminate the authorization for the charter school to increase enrollment without further approval by the charter entity and the Board of Regents.

Timetable for Implementation

The Regents action for the Girls Preparatory Charter School of New York is effective immediately.