Meeting of the Board of Regents | February 2009

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

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Charter Schools: Proposed Second Revision to Initial Charter, and Proposed First Renewal Charter, for Williamsburg Charter High School
DATE:	January 30, 2009
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

SUMMARY

 

Issue for Decision

 

Should the Regents approve the staff’s recommendations concerning the proposed second revision to the initial charter, and the proposed first renewal of the charter, for Williamsburg Charter High School (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 2009 for action.  It will then come before the full Board for final action in February 2009.

 

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. 

              With regard to proposed revisions submitted by the Chancellor of the city school district of the city of New York or other school districts, the Board of Regents must act on such proposed revisions within 90 days of their submission, or the proposed revision will be deemed to have been approved and issued by operation of law at the expiration of that period.

 

If the Board of Regents chooses to return the proposed revision to the Chancellor or school district, as the chartering entity, with comments and recommendations, the Chancellor or the school district must reconsider the proposed revision, taking into consideration the comments and recommendations of the Board of Regents.  The Chancellor or the school district may resubmit the proposed revision to the Board of Regents without modification, resubmit the proposed revision with modifications agreed to by the applicant in writing, or abandon the proposed revision. 

 

If the Chancellor or the school district resubmits a proposed revision to the Board of Regents, the Board of Regents may, within 90 days of resubmission, either approve or again return the proposed revision to the Chancellor or to the school district for modification.  There is no limit to the number of times the Board of Regents can return a resubmitted proposed revision to the Chancellor or to a school district.

 

With regard to proposed renewal charters submitted by the Chancellor of the city school district of the city of New York or other school district, the Board of Regents must act on such proposed renewal charters within 90 days of their submission or the proposed renewal charter will be deemed to have been approved and issued by operation of law at the expiration of that period.

 

If the Board of Regents chooses to return the proposed renewal charter to the Chancellor or school district, as the chartering entity, with comments and recommendations, the Chancellor or the school district must reconsider the proposed renewal charter, taking into consideration the comments and recommendations of the Board of Regents.  The Chancellor or the school district may resubmit the proposed renewal charter to the Board of Regents without modification, resubmit the proposed renewal charter with modifications agreed to by the applicant in writing, or abandon the proposed renewal charter. 

 

If the Chancellor or the school district resubmits a proposed renewal charter to the Board of Regents, the Board of Regents may, within 90 days of resubmission, either approve or again return the proposed renewal charter to the Chancellor or to the school district for modification.  There is no limit to the number of times the Board of Regents can return a resubmitted proposed renewal charter to the Chancellor or to a school district.  However, upon expiration of the existing charter, the Board of Regents may pursue revocation of that charter.

 

Background Information

 

We received a request from the Chancellor of the city school district of the city of New York (the Chancellor) to retroactively revise the charter for the Williamsburg Charter High School (WCHS or “the School”).  The School seeks to sever its relationship with its institutional partner, St. Nicholas Neighborhood Preservation Corporation (SNNPRC), as of November 29, 2006.  SNNPRC resigned as the partner in 2006 because of concerns surrounding Board governance.  Since then, the Board has become stronger and the Chancellor is confident of its capability to lead the School.  The School also seeks to increase its enrollment plan from 600 students to 662 students, as of September 5, 2008.  Finally, the School seeks to add a new component to its educational program in which incoming ninth graders will be monitored and supported, as of September 5, 2008.   

 

The Board of Regents approved a revision to the School’s charter in June 2005 allowing the School to change its name from Williamsburg Charter School and modify its fifth-year grade configuration from 580 students in grades 6-12 to 600 students in grades 9-12.   

 

We also received a request from the Chancellor to approve and issue a first renewal charter for WCHS for a term to commence on February 23, 2009 and run through July 27, 2009.  This will allow the School to continue its operations until July 2009, during which the Chancellor will submit a full five-year renewal request.    An initial five-year charter was granted by the Board of Regents on February 23, 2004 which will expire on February 22, 2009. 

 

Mr. Eddie Calderon-Melendez, the School’s chief executive officer, and Ethan Mitnick, the School’s principal, were also direct applicants to the Board of Regents for the establishment of Believe Northside Charter High School and Believe Southside Charter High School.  Both schools were issued provisional charters by the Board of Regents in January 2009.  Located in the Williamsburg section of Brooklyn, both schools will be modeled after WCHS.

 

Recommendation (Revision)

 

VOTED:  That the Board of Regents approves the revision to the initial charter of the Williamsburg Charter High School as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.

 

Reasons for Recommendation (Revision)

 

              The proposed revisions to the School’s initial charter, along with the other terms of the initial charter: (1) 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) are 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 (Revision)

 

The Regents action for the revision to the initial charter of the Williamsburg Charter High School will be effective immediately.

 

Recommendation (Renewal)

 

VOTED:  That the Board of Regents approves and issues the first renewal charter of the Williamsburg Charter High School as proposed by the Chancellor of the city school district of the city of New York, and that its provisional charter be extended for a term up through and including July 27, 2009.

 

Reasons for Recommendation (Renewal)

 

(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; and (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. 

 

Timetable for Implementation (Renewal)

 

The Regents action for the renewal of the Williamsburg Charter High School’s charter will become effective on February 23, 2009.

 

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

Name of Proposed Renewed Charter School: Williamsburg Charter High School (WCHS or “the School”)

 

Address: 424 Leonard Street, Brooklyn, NY 11222

 

Board of Trustees President: Lourdes Putz

 

Renewal Period: February 23, 2009 – July 27, 2009

 

District of Location:  New York City Community School District 14, Brooklyn

 

Charter Entity: Chancellor of the city school district of the city of New York

 

Institutional Partner(s): N/A

 

Management Partner(s): N/A

 

Grades Served per Year:    9 -12

 

Projected Enrollment per Year: 662

 

Renewal Application Highlights

 

Evidence of Educational Soundness/ Attainment of Educational Objectives

 

• The student achievement results for WCHS are shown in Table 1.
• Regents’ exam pass rates were generally strong in the first years of the School’s charter; however, as more students from several cohorts were tested, the pass rates decreased.
• WCHS generally outperformed its CSD in earlier years in eight curricular areas, but more recently the School outperforms the CSD in five of the eight areas.  Table 2 compares the performance of WCHS students and CSD 14 students in ELA, Math A and Math B.
• Through August 2008, WCHS had a four-year graduation rate of 68 percent.  This compares to a four-year graduation rate of 71 percent for CSD 14 (excluding WCHS), 58 percent for schools citywide, and 73 percent for new small schools that have been created under the New School Initiative through the New York City Department of Education (NYCDOE).
• Forty-nine percent of WCHS graduates were awarded Regents or Advanced Regents diplomas.
• WCHS reports that 85 percent of the students of the June 2008 graduating class are currently enrolled in four-year colleges.
• WCHS reports that students of June 2008 graduating class were accepted into 103 colleges and received a total of approximately $2 million dollars in financial aid and scholarships from those colleges.
• NYCDOE anticipates a five-year graduation rate of 90 percent.
• The graduation requirements at WCHS are more rigorous than those in the rest of the city; students are required to pass four years of coursework in all core subject areas and three years of foreign language.
• The class of 2008, on a four-year timeline, has met or come close to meeting four of the School’s five stated five-year goals.
• The School’s five-year goal requires 85 percent of students to achieve a score of at least 65 percent on each of the Science, English, Math A, Global Studies and U.S. History Regents exams.  In 2007-2008, based on a four-year timeline, the percentage of students in the School’s first graduating class (the class of 2008) achieving passing scores were as follows: 85 percent in Science; 79 percent in English; 83 percent in Math A; 79 percent in Global Studies; and 66 percent in U.S. History.  These scores are indicative of the School’s progress toward attaining its five-year goals. 
• In 2007-2008, the School served 12 percent special education students, three percent limited English proficiency and 53 percent eligible for free lunch. 
• While the School meets the requirement that at least 70 percent of its teachers be certified, it exceeds the requirement that fewer than 5 be uncertified.  The Chancellor has placed the School on Corrective Action to address the matter by the end of the 2008-09 school year.
• The School has had three principals since opening in 2004.  The current school leader was hired at the beginning of the 2008-2009 school year.
• The School’s CEO has held his position since its inception.
• The student attendance rate for 2007-2008 was 91 percent, down from 92.6 percent in 2005-2006.
• The student attrition rate for 2007-2008 was eight percent, down from 11 percent in 2005-2006.
• The teacher retention rate for 2007-2008 was 68.75 percent, down from 80.95 percent in 2005-2006.

 

TABLE 1

Percent of WCHS Students Scoring At or Above 65 Percent

On NYS Regents Exams

	2005-2006			2006-2007			2007-2008
	ELA	MATH A	MATHB	ELA	MATH A	MATH B	ELA	MATH A	MATH B
Percent of WCHS Students Scoring 65 Percent or Above	100	84	78	80	92	87	48	65	17
Number of WCHS Students Tested	29	116	9	166	132	15	254	172	92

 

 

TABLE 2

2006-2007 and 2007-2008

Percent of WCHS and CSD 14 Students Scoring At or Above 65 Percent

On NYS Regents Exams

	2006-2007			2007-2008
	ELA	MATH A	MATH B	ELA	MATH A	MATH B
Percent of WCHS Students Scoring 65 Percent or Above	80	92	87	48	65	17
Percent of CSD 14 Students Scoring 65 Percent or Above	55	55	35	66	55	26

 

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

 

• The School is located in a NYCDOE facility.
• The School has had a positive fund balance in each year of the initial charter.
• WCHS has no short- or long-term debt.
• The School shows a positive change in its net assets for 2006-2007 and 2007-2008 (See Attachment 1).
• The potential fiscal impact upon the District is represented below.  Please note that these projections are based upon several assumptions, which may or may not occur: that all existing charter schools will also exist in the next five years and serve the same grade levels as they do now; that the charter schools will be able to meet their projected maximum enrollment; that all students will come from New York City and no other districts; that all students will attend every day for a 1.0 FTE; that the District’s budget will increase at the projected rate; that the per pupil payment will increase (and not decrease); and that the per pupil payment will increase at the projected rate.

 

Projected Fiscal Impact of the

Williamsburg Charter High School

(New York City – CSD 14, Brooklyn)

2008-2009

School Year	Number of Students	Projected Payment*	Projected Impact
2008-2009	662	$7,625,601	0.0368

*Assumes a 3 percent annual increase in the District’s budget from the base of $20.12 billion in 2007-2008; and a 4.5 percent annual increase in the average expense per pupil per year from the 2007-2008 rate of $11,023.

Evidence of Parent and Student Satisfaction and Community Support

 

• A public hearing to solicit comments from the community in connection with the charter school’s proposed renewal and revision was conducted by the New York City Department of Education on January 22, 2009.  Comments in support of the School were made by one parent and a representative of Diana Reyna, the Council Member for the 34th District. 
• WCHS reports that it had 584 applications for 150 seats in the freshman class of 2008-2009. 
• Ninety percent of parents surveyed expressed satisfaction with the School in 2007-2008; however, the survey response rate was very low (42 respondents).
• WCHS has a relatively high student retention rate: 92 percent in 2007-2008, up from 89 percent in 2005-2006.
• The School’s current waiting list for all grades is 628 applicants.

Summary of Charter Entity’s Findings and Recommendations

              NYCDOE found that the School has demonstrated average academic performance, with strength in credit accumulation and college acceptance/placement rates.  Students with disabilities and those students performing in the School’s lowest third have significantly lower pass rates for Regents and lower rates of credit accumulation.  The School received an overall grade of B on the 2008 NYCDOE Progress Report.

 NYCDOE found the curriculum to be rigorous in its requirements and geared toward providing students a solid foundation in core subject areas through four years of required study.  The use of data to guide instruction is improving, and all teachers are focused on ensuring that their students achieve mastery on assessments and in all courses.  There are some concerns, however, about the ability of the current program to meet the needs of students with disabilities and those students in the school’s lowest third of performance.

NYCDOE found that the School has developed a model for creating a positive environment where youth can flourish academically and socially.  NYCDOE reports that the school has created a safe, positive, and calm environment where students can learn well and trust adults.  WCHS provides outlets for creativity through art course offerings and theatrical productions, and students are highly valued for their contributions to the school community. 

 

              NYCDOE found that the School is fiscally strong and takes corrective action quickly once a problem is identified by the authorizer or the independent financial audit.   In June 2008, the School had over $1 million in liquid assets ready for use within 90 days.  WCHS has committed board members, and the strength of the board has increased over the past three years.  NYCDOE reports that while the board has been engaged in the School’s affairs, its engagement around academic performance has been mixed.

Although the response rate of parent satisfaction surveys is low, interviews conducted at the School by NYCDOE have revealed that parents are generally very satisfied with the communication from WCHS, particularly the transparency around their children’s performance.  Students did not complete the 2008 NYCDOE Learning Environment Survey, but retention rates are high and students interviewed at the School expressed high levels of satisfaction with the family-like atmosphere and the preparation they are receiving for college.

 

 

Attachment 1*

Williamsburg Charter High School

Change in Net Assets for

2006-2007 through 2007-2008

Year	Change in Net Assets
2006-2007	$653,907
2007-2008	$324,295

*Source: Audited Financial Statements provided as a part of each Annual Report.