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 Amber Charter 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 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 to revise the charter of the Amber Charter School (the “School”).  The School seeks to reduce total enrollment in the 2007-2008 through the 2009-2010 school years (See Table 1) and to increase its escrow or reserve account for the purposes of dissolution to a minimum of $75,000 rather than $45,000.

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.  This School is located in community school district 5.  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.  Staff, therefore, recommend the Board of Regents return this proposed revision.

Recommendation

VOTED: That the Board of Regents return the proposed revision to the second renewal charter of the Amber Charter School to the Trustees of the State University of New York for reconsideration, and with the following comment and recommendation: 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.

Timetable for Implementation

The Regents action for the Amber Charter School is effective immediately.