Performance on New York City Assessments

Name of Proposed Renewed Charter School: John V. Lindsay Wildcat Academy Charter School (“Wildcat” or “the School”)

Background Information

The Brooklyn Charter School

Summary of Applicant Information

Recommendation

Evidence of Educational Soundness/ Attainment of Educational Objectives

Evidence of Fiscal Soundness/Projected Fiscal Impact

Evidence of Parent and Student Satisfaction and Community Support

Summary of Charter Entity’s Findings and Recommendations

Recommendation

Reason for Recommendation

Renewal Application Highlights

Potential Fiscal Impact of the Renewal of the Charter

for the

John V. Lindsay Wildcat Academy Charter School

Performance on State Assessments

John V. Lindsay Wildcat Academy Charter School

High School Achievement after Four Years of Instruction

John V. Lindsay Wildcat Academy Charter School

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

TO:	EMSC-VESID Committee
FROM:	James A. Kadamus
SUBJECT:	Renewal of Charter School Charters
DATE:	June 14, 2005
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

Summary

Issue for Decision

Should the Board of Regents accept the staff recommendations on the renewal of two charter school charters -- The Brooklyn Charter School and John V. Lindsay Academy Charter School?

Reason for Consideration

Required by State statute, Education Law 2851(4).

Proposed Handling

This question will come before the EMSC-VESID Committee on June 20, 2005 for discussion and action. It will then come before the full Board for final action on June 21, 2005.

Procedural History

The two charters that are up for renewal were initially issued in 2000 and have been re-evaluated by their authorizer, the New York City Chancellor (“the Chancellor”). They are now before the Board for re-authorization and renewal.

The two charter schools are located in New York City. Evaluative reports received from the authorizing entity have provided a comprehensive and detailed picture of each charter school’s operation, successes, and remaining concerns. Department staff has reviewed the reports as well as information that they have collected independently and present their recommendations to you.

Recommendation

VOTED: That the Board of Regents approve the recommendation to renew the charter of The Brooklyn Charter School, New York City, for a period of two years.

VOTED: That the Board of Regents approve the recommendation to renew the charter of the John V. Lindsay Wildcat Academy Charter School, New York City, for a period of one year.

Timetable for Implementation

Charters will be deemed issued upon approval by the full Board of Regents on June 21, 2005.

Attachments

New York State Education Department

Summary of Charter School Renewal Information

Summary of Applicant Information

Name of Proposed Renewed Charter School: The Brooklyn Charter School (“BCS” or “the School”)

Address: 545 Willoughby Avenue, Brooklyn, New York 11206

Board of Trustees President: Henry Lambert

Renewal Period: September 2005 – July 31, 2007

District of Location: New York City Community School District 14/Region 8

Charter Entity: Chancellor, New York City Department of Education (NYCDOE)

Institutional Partner(s): None

Management Partner(s): None

Grades Served per Year: K-5

Projected Enrollment per Year: 210 (215)

Renewal Application Highlights

Evidence of Educational Soundness/Attainment of Educational Objectives

· For The Brooklyn Charter School’s performance on State and New York City assessments, see Attachments 1 and 2.

· The School has a higher percentage of students achieving proficiency on the New York City Grade 3 English Language Arts (ELA) and math tests than the majority of public schools in New York City.

· During the 2003-2004 school year, BCS achieved a Performance Index of 153 on the Grade 4 ELA assessment, exceeding the State standard, and achieved a perfect Performance Index of 200 on the Grade 4 mathematics assessment, meaning that 100% of students scored at the proficient or advanced levels.

· BCS set a goal that at least 60% of students enrolled in the School for three consecutive years would score at or above grade level on all standardized exams. The School met its goal in five of six test administrations.

· Teachers develop individual instruction plans, which include behavioral contracts, adapted learning structures and parent communication structures.

· BCS integrates the arts program with literacy and math to reinforce skills.

Evidence of Fiscal Soundness/Projected Fiscal Impact

· Through the term of the charter, the Board of Trustees has not conducted adequate fiscal oversight.

· The School’s initial institutional partner (Clearpool, Inc.) failed to remit payroll taxes for nine of the twenty-six pay periods during fiscal years 2001 and 2002. In July 2002, the Chancellor of the New York City Board of Education placed the School on probation. The School agreed to a corrective action plan, which included external audits.

· The School’s second institutional partner, Sheltering Arms, has also faced organizational difficulties and will formally end its relationship with the School, effective June 30, 2005.

· During 2003-2004, BCS failed to provide regular financial reports. The Board did not uphold programmatic or fiscal oversight and governance responsibilities.

BCS failed to implement any of eight recommendations from the independent auditor.
BCS failed to maintain a general ledger to record transactions.
BCS failed to assign specific responsibility for oversight of school finances.
BCS maintained inadequate supporting documentation for various expenditures and cash receipts.

· Although the School has not maintained adequate fiscal controls, the School does not carry any long-term debt and there is no evidence of improper use of school funds. For information on the change in net assets, see Attachment 3.

· The School is presently sharing space in a New York City public school facility with PS 23 in Brooklyn. The School has also been granted access to three additional classrooms for 2005-2006, subsequent to the relocation of a District 75 program housed in the school.

· 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 everyday 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.

Potential Fiscal Impact of the Renewal of the Charter for

The Brooklyn Charter School

School Year	Number of Students	Projected Payment*	Projected Impact
2005-2006	210	$1,803,060	.0106%
2006-2007	215	$1,884,197	.0107%

*Assumes a 3 percent annual increase in the District’s budget from the base of $17 billion in 2004-2005 and a 4.5 percent annual increase in the average expense per pupil per year from the 2004-2005 rate of $8,586.

Evidence of Parental and Student Satisfaction and Community Support

· In 2003-2004, 32% of parents responded to the surveys. 77% of respondents indicated that they were pleased with BCS as their school of choice.

· There are presently 158 students enrolled at BCS. The target enrollment for 2005-2006 is 210 students.

· The School was under-enrolled by 30 students during 2004-2005; under-enrollment may be attributed to BCS relocating from District 16 to District 14. The School has a waiting list of 129 students for the upcoming school year.

· Attendance for the past four years has been 89%, 89.5%, 91% and 93%, respectively. These numbers approximate averages in Community School District 14.

Summary of Charter Entity’s Findings and Recommendations

· BCS has met most of the academic measures of student academic performance as set forth in the initial charter.

· Overall, the data indicate that the School has improved student learning and achievement.

· The School has faced ongoing problems relating to the implementation and oversight of effective fiscal controls. BCS failed to implement a single one of eight recommendations from the independent auditor during the 2004-2005 school year.

· The New York City Department of Education recommends renewing the School for a period of two years, pending the School’s fulfillment of a series of obligations outlined in the monitoring review with the following conditions:

1. Appropriate fiscal controls are in place.

2. Staff is trained to use selected accounting software.

3. A CPA is retained to oversee fiscal records and report regularly to the Head of School and Board of Trustees.

4. A person with expertise in finance is added to the Board of Trustees.

5. Requirements for the appropriate certification of staff are met.

6. A certified Special Education teacher is employed.

Approve the recommendation of the chartering entity.

Reason(s) for Recommendation

(1) The School has met or exceeded most of its educational goals and has performed in a manner that is likely to improve teaching and learning.

(2) The School has relocated in 2004-2005, shares space with PS 23 in Community School District 14, and is presently under-enrolled. BCS has a waiting list of 129 students.

(3) The prospect of fiscal sustainability is strong. The Board of Trustees has historically failed to provide adequate oversight of fiscal and operational matters. The School must establish adequate fiscal controls, regularly report the financial condition of the school, and implement the recommendations of an independent auditor.

Attachment 1

The Brooklyn Charter School

Performance on State Assessments

Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	% Level 3 & 4	Performance Index
Grade 4 ELA	2003-2004	7	33	60	0	60 (9/15)	153
Grade 4 ELA	2004-2005	3.2	29	58.1	9.7	67.8 (21/31)	165
Grade 4 Math	2003-2004	0	0	93	7	100 (15/15)	200
Grade 4 Math	2004-2005	N/A	N/A	N/A	N/A	N/A	N/A

Attachment 2

The Brooklyn Charter School

Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	% Level 3 & 4
Grade 3 ELA CTB	2003	0	42.9	50	7.1	57.1 (8/14)
Grade 3 ELA CTB	2004	9.7	32.3	48.4	9.7	58.1 (17/31)
Grade 3 ELA CTB	2005	9.4	37.5	37.5	15.6	52.1 (17/32)
Grade 3 Math CTB	2003	7.1	35.7	42.9	14.3	57.2 (8/14)
Grade 3 Math CTB	2004	6.5	22.6	54.8	16.1	70.9 (22/31)
Grade 3 Math CTB	2005	0	18.8	62.5	18.8	81.3 (26/32)
Grade 5 ELA CTB	2005	0	16.7	50	33.3	83.3 (10/12)
Grade 5 Math CTB	2005	16.7	18.3	50	25	75 (9/12)

Attachment 3

Change in Net Assets 2000-01 Through 2003-04*

Year	Change in Net Assets
2000-2001	N/A
2001-2002	$79, 281
2002-2003	$97, 191
2003-2004	($13,311.63)

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

New York State Education Department

Summary of Charter School Renewal Information

Address: 17 Battery Place, New York, NY (Grades 10 – 12) and 1239 Lafayette Ave, Bronx, NY (Grades 8 and 9)

Board of Trustees President: Amelia V. Betanzos

Renewal Period: May 2005 - April 2006

District of Location: New York City Community School District 1/Region 9; New York City Community School District 8/Region 2

Charter Entity: Chancellor, New York City Department of Education (NYCDOE)

Institutional Partner(s): Wildcat Service Corporation, Inc.

Management Partner(s): None

Grades Served per Year: 8-12

Projected Enrollment per Year: 450

· The John V. Lindsay Wildcat Academy Charter School performance data shows that overall Wildcat students have shown higher passing rates on the vast majority of Regents exams when compared to other New York City alternative high schools as well as those schools in the NYCDOE “similar schools” category.

· The School is in good standing under the No Child Left Behind Act.

· For performance on State assessments, see Attachment 1.

· The School’s admissions process is open to all students identified as dropout or at-risk of dropping out. The School uses upwards of 15 characteristics to define “at-risk” of failing to achieve at proficiency levels reflected in the NYS learning standards.

· The internship program at Wildcat matches student interests with specific work opportunities outside of class. Students attend class for one week, and work on-site at their internships the next full week, working at each site for two weeks per month.

· Since 2001, Wildcat has graduated an increasing percent of students each year.

· The School reports that all 82 graduates are currently documented as enrolled in secondary education, employed or in the military.

· Graduating Wildcat students have an average Credit Accumulation Rate (CAR) of approximately 5.5 credits per semester, or 11 units per academic year.

· The School reported a dropout rate of 9%.

· The School reported an annual attendance rate of 88% during the course of its charter.

· To improve the quality of classroom instruction at the Bronx site, the School’s Board replaced the school leader in the spring of 2003 and hired educational consultants.

· Monitoring reviews performed by NYSED and NYCDOE have revealed significant problems in regard to compliance and data collection. The School has outlined significant reforms in the below listed areas, which will be in place for the 2005-2006 school year to address key concerns:

o Data collection

o Reporting

o Attendance

o Board Meetings (by-laws)

o Teacher certification, Article 56 S§2854(3)(a-1) and NCLB

o Enrollment procedures, Article 56 (S§2853(b-1), S§2854(2)(b)

· The School has maintained overall financial health and is a viable and effective organization.

· Audit reports were completed timely.

· The auditor’s opinion was unqualified.

· Cash balances and unrestricted net assets have increased for the past three years and the balance sheets present a good financial position.

· The School estimates that it can increase enrollment if necessary.

· The School stated that it had generated an increase in net assets for the first six months of the current 2005 fiscal year.

· There was no indication of charter violations indicated in the financial statements.

· The 2005 budget projects the generation of income and an increase in net assets.

John V. Lindsay Wildcat Academy Charter School

School Year	Number of Students	Projected Payment*	Projected Impact
2005-06	450	$3,863,700	.028

· Of the 750 surveys that Wildcat sent to past and present parents, 451 responses were received (60% response rate); procedures taken to collect results include telephone surveys conducted by staff.

· Wildcat administration states, “The number of families who apply for admission to Wildcat annually exceeds the number of available seats.” Wildcat reports there are currently 96 students on the wait list.

· Wildcat reports that it will appropriately align student transcripts with the Wildcat database, which records the number of credits each student earns with their outcome status, current credits, and number of semesters at Wildcat,

· The School will rectify annual struggles by correctly identifying and reporting students who require special education services.

· The School will implement a comprehensive protocol and safeguard measures to amend weaknesses in its information systems to collect attendance and special education documentation.

· The health course requirement for students is currently met through Yoga and Meditation, a one-credit course offered at the School’s Manhattan site. The School recognizes non-compliance with physical education requirements; this will be rectified with a plan to incorporate The Sports and Arts Program at the Manhattan site for Fall 2005.

· Student data regarding articulation from the Bronx to the Manhattan site has historically been challenging for the School; it has not been documented in a consistent manner.

· The New York City Department of Education - Office of New Schools (NYCDOE-ONS) recommends that John V. Lindsay Wildcat Academy Charter School, a Chancellor-authorized charter school, be awarded a one-year renewal to serve all current grades, with the following conditions:

1. The School must include in its charter a detailed plan to create a system for managing student attendance that has the potential to calculate with relative ease the School’s daily, monthly and annual attendance for both sites independently and combined. This plan must include a system for monitoring student attendance at internship sites daily and tracking Average Daily Attendance (ADA) in a manner that is in compliance with City and State regulations.

2. The School must submit to NYCDOE-ONS all attendance records once per month to ensure compliance.

3. Wildcat must gain complete and formal access to the Automated Tracking System (ATS) and ensure that a trained staff member is available at each site.

4. The School must involve families in truancy issues by sending letters home after three absences.

5. The School must maintain its student database to accurately reflect newly enrolled students and their incoming credits as reflected in transcripts. Additionally, student outcome status must be updated at the same time as the students’ status is updated in ATS.

6. Wildcat must prepare and package aggregate data for reporting results on Regents, outcome status, and credit accumulation to NYCDOE-ONS and the NYSED.

7. Wildcat must prepare all required data results for submission to NYSED as part of STEP reporting.

8. The School must clarify and simplify its characteristics for admissions so that the most at-risk students throughout the City are given preference in admission.

9. Wildcat must continue to develop and document a clear articulation process regarding student movement from the Bronx to the Manhattan site.

10. The School must include in its charter a detailed plan to manage special education information and to report that information accurately for purposes of reimbursement.

11. One of the charter goals must be that the School will have at least 95% of its student health records up-to-date at inspection by any oversight agency.

12. The School must provide documentation to support compliance with certification requirements, to ensure that 70% of its teachers will be certified by September 1, 2005.

13. The School must implement formal evaluative measures, including student progress, successes and challenges, as well as concerns that may hinder progress.

Approve the recommendation of the chartering entity.

(1) The John V. Lindsay Wildcat Academy Charter School has shown potential to properly address concerns raised by NYSED and its chartering entity, NYCDOE. We believe a one-year renewal will allow the School to demonstrate the ability to operate in accordance with sound, management practices and to demonstrate full compliance with Article 56. The School serves a high-need population of students.

Attachment 1

Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	Performance Index
Grade 8 ELA	2003	62	38	0	0	38.1
Grade 8 ELA	2004	58	8	7	0	66.7

Grade 8 Math	2003	80	20	0	0	20
Grade 8 Math	2004	60	36	0	0	66.6

*Assessments used to determine counts in this table include a Regents examination in comprehensive English, the component retest in English, and approved alternatives.

*Assessments used to determine counts in this table include a Regents examination in mathematics, the component retest in mathematics, and approved alternatives.

Attachment 2

English Graduation Requirement Achievement after Four Years of High School*

Cohort members

All students

Highest Score Between 0 and 54

Highest Score Between 55 and 64

Highest Score Between 65 and 84

Highest Scores Between 85 and 100

Approved Alternative Credit

Change in Net Assets 2000-01 Through 2003-04*

Year	Change in Net Assets
2000-01	$252,156
2001-02	$509,327
2002-03	$666,229
2003-04	$247,416

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