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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
Full Board |
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FROM: |
James A. Kadamus |
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SUBJECT: |
Renewals to Existing Charter School Charters |
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DATE: |
July 13, 2005 |
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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 Board of Regents approve the renewal charter applications as submitted by the State University of New York Board of Trustees?
Reason(s) for Consideration
Required by Education Law
§2851(4).
Proposed
Handling
This question will come before the EMSC-VESID Committee for action on July 21, 2005 and then to the full Board for action on July 21, 2005.
Procedural
History
The charter for the Central New York Charter School for Math and Science (“CNYCSM&S” or “the School”) was issued in April 2000. It opened for instruction in September 2000. In March 2005, a short-term renewal to the charter was granted to allow the School to continue operations through June 30, 2005.
The proposed charter for the Charter School of Science and Technology (“CSST” or “the School”) was originally reviewed by the Board of Regents at its April 2000 meeting, and it was returned to the State University of New York Board of Trustees (“SUNY”) with comments and recommendations. The proposed charter was revised by SUNY and then returned. The charter was issued in May 2000, and the School opened for instruction in September 2000. In March 2005, a short-term renewal to the charter was granted to allow the School to continue operations through June 30, 2005.
The charter for the Rochester Leadership Academy Charter School (“RLA” or “the School”) was issued in April 2000, and it opened for instruction in September 2000. In March 2005, a short-term renewal to the charter was granted to allow the School to continue operations through June 30, 2005.
Background
Information
The charter for CNYCSM&S was issued in April 2000. It opened for instruction in September 2000. The School is located in Syracuse and it was chartered by SUNY. It has the Chancellor Beacon Academies, Inc. (now known as Imagine Schools, Inc.) as its management partner. It opened with grades K-6 and a maximum of 504 students. It promised to expand to serve 792 students in grades K-10 by the fifth year of the initial term of its charter, but it was unable to do so. The charter was amended to provide for grades K-6 only with a maximum enrollment of 549 students. SUNY has since recommended that the School’s operations cease as of June 30, 2005. It now seeks an extension of the existing charter through December 31, 2005, to allow the existing education corporation the opportunity to submit a “restructuring renewal application.” Restructuring renewal involves the implementation of a “wholesale restructuring of the education corporation, including a new Board of Trustees, administrative team, academic program, enrollment and organization structure, and potentially a new location.” [Charter Schools Institute, State University of New York, Report to the Board of Trustees, Findings and Recommendations of the Charter Schools Institute as to the Application for Charter Renewal of the Central New York Charter School for Math and Science (February 17, 2005)].
The charter for CSST was issued in May 2000, and the School opened for instruction in September 2000. The School is located in Rochester and it was chartered by SUNY. It has Edison Schools, Inc. as its management partner. The School opened K-8 with 876 students and promised to expand to K-12 with 1,276 students by the fifth year of its initial charter. It was unable to successfully provide any secondary program, and the charter was amended to provide for grades K-8 only with a maximum enrollment of 1,100 students. SUNY has since recommended that the School’s operations cease as of June 30, 2005. It now seeks an extension of the existing charter through December 31, 2005, to allow the existing education corporation the opportunity to submit a “restructuring renewal application” as described above.
The charter for RLA was issued in April 2000, and it opened for instruction in September 2000. The School is located in Rochester and it was chartered by SUNY. It has National Heritage Academies as its management partner. It served grades K-8 for all five years of the initial term of its charter, with a maximum of 648 students by its fifth year. SUNY has since recommended that the School’s operations cease as of June 30, 2005. It now seeks an extension of the existing charter through December 31, 2005, to allow the existing education corporation submit a “restructuring renewal application” as described above.
The applications for renewal are technically deficient in that they do not contain the information required by Education Law §2851(4), all of which relate to information on the performance of the charter school under its original charter.
In addition, there is no legal authority for the “renewal” of the charter of a charter school that will not be operating as a charter school and providing education to students. Education Law §2851(4) provides for issuance of charters upon renewal in accordance with Education Law §2852. Section 2852(2) requires the charter entity to make a series of findings, including that the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner and that granting the application is likely to improve student learning and achievement. Neither of these findings can be made for a school that is being closed because of its past performance and may be “restructured” at some future date.
Recommendation
VOTED: That the Board of Regents return the proposed renewal charter applications for the charter schools listed below for reconsideration with the comment that SUNY abandon them and proceed with dissolution of the charter schools:
· Central New York Charter School for Math and Science, Syracuse
· Charter School of Science and Technology, Rochester
· Rochester Leadership Academy Charter School, Rochester
Timetable for
Implementation
The recommendations will become effective upon the approval of the full Board of Regents on July 21, 2005.
Attachments