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Meeting of the Board of Regents | March 2008

Saturday, March 1, 2008 - 11:20pm

sed seal                                                                                                 

 

 

signature of Johanna Duncan-PoitierTHE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

FROM:

Johanna Duncan-Poitier

SUBJECT:

Charter Schools: Proposed First Renewal Charter for Enterprise Charter School

DATE:

March 7, 2008

STRATEGIC GOAL:

Goals 1 and 2

AUTHORIZATION(S):

 

 

SUMMARY

 

Issues for Decision

 

Should the Regents approve the staff’s recommendations concerning the proposed first renewal charter for the Enterprise Charter School (Buffalo)? 

 

Reason(s) for Consideration

 

              Required by State statute, Education Law §2852.

 

Proposed Handling

 

This question will come before the EMSC Committee on March 17, 2008 for action.  It will then come before the full Board for final action on March 18, 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 it to the charter entity for reconsideration with written comments and recommendations.   

 

 

Background Information

 

We have received a proposed first renewal charter for the Enterprise Charter School (“the School”), in Buffalo, which will be presented to you at your March 17, 2008 meeting.   The School’s charter entity is the Board of Education of the City School District of the City of Buffalo (“BOE”).   

 

              The initial charter for the Enterprise Charter School (“the School”) was granted by the Board of Regents at its March 25, 2003 meeting, for a term of five years.  It currently serves 605 students in grades K-12.   On January 15, 2008, the Board of Regents returned a proposed charter to the BOE that would have renewed the School for a period of five years.  After reconsideration, the BOE approved and has now submitted a proposed charter with a two year, three month, and five day renewal, allowing the School to serve 605 students in grades K-12 through June 30, 2008 only, and then serve 405 students in grades K-8 for the remainder of its first renewal charter term, which if approved will run up through and including June 30, 2010.   

 

Recommendation

 

VOTED:  That the Board of Regents approves and issues the first renewal charter of the Enterprise Charter School as proposed by the Board of Education of the City School District of the City of Buffalo, and that its provisional charter be extended for a term up through and including June 30, 2010.

                           

 

Timetable for Implementation

 

The Regents action for the Enterprise Charter School will be effective on March 25, 2008.




New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

 

 

Address:   275 Oak Street, Buffalo, NY 14203

 

Board of Trustees President:  Mr. Theron Howard

 

Requested Renewal Period: March 25, 2008 – June 30, 2010

 

District of Location: Buffalo                                     

 

Charter Entity:  The Board of Education of the City School District of the City of Buffalo

 

Institutional Partner(s): Buffalo State College

 

Management Partner(s): N/A

 

Grades Served per Year:    K – 12 (through the end of the 2007-2008 school year, only), then K-8                                             

 

Projected Enrollment per Year:  605 (through the end of the 2007-2008 school year only), then 405

 

 

Renewal Application Highlights

 


 

 


Evidence of Educational Soundness/ Attainment of Educational Objectives

 

 

  • Although the School has been designated as a School In Need of Improvement, Year 1, for the 2006-07 school year based upon its elementary-middle level performance index for ELA, it has made substantial progress toward achieving its academic goals during the 2006-2007 school year.  The stated goal was for all students to achieve at or above Level 3 on all State assessments.   In 2006-07, 45.7 percent of the grade 4 students scored as proficient on the State ELA assessment (up from 16.7 percent of grade 4 students in 2003-2004), and 65.1 percent of the grade 4 students scored as proficient on the State math assessment (up from 34 percent of grade 4 students in 2003-04).
  • For the school year 2006-07, the School was in good standing in math and science.
  • Over a period of four years (2003-04 to 2006-07) grades four and eight math results show a consistent increase in percentage of proficiency by the School while the percentage of proficiency of the district of location decreased.
  • With one exception (grade seven in 2005-06), the School consistently outperformed the district in grades five, six and seven.
  • In all but one grade (8) in one year (2005-06), the School outperformed the district in math each year.
  • Similarly, but at a lesser rate than for math, grade four and eight ELA scores showed an increase in percentage of proficiency over a period of four years (2003-04 to 2006-07).
  • The School has set ambitious goals for student achievement for the period of the renewal charter term.
  • During the renewal charter term, the School will no longer serve the high school grades, allowing for a more intense focus on improving the academic performance of its K-8 students.
  • The Board of Education (“BOE”) has indicated that it will put the School on probation which will include academic oversight (to be performed by the District’s Cross-Functional Team) as a component of the corrective action that will be imposed.
  • The BOE has also indicated that an action plan will be required which will include oversight during the administration of the New York State ELA and mathematics assessments, as well as the provision of quarterly academic reports.

 







Enterprise


Charter School

 

Grades 3 – 8 ELA Assessments

Percent of Students Scoring at Levels 1 - 4

2003-07

 

Charter
School
and District of Location

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7

Grade 8

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

2003-04

Enterprise
CS

Buffalo City Schools

 

 

 

 

 

31.3

 

16.0

 

52.1

 

49.8

 

14.6

 

30.0

 

 

2.1

 

4.3

 

 

 

 

 

 

 

 

 

 

 

 

 

20.9

 

14.9

 

62.8

 

59.2

 

16.3

 

22.2

 

0.0

 

3.7

2004-05

Enterprise
CS

Buffalo City Schools

 

 

 

 

 

13.0

 

17.1

 

50.0

 

43.6

 

32.6

 

32.9

 

4.3

 

6.3

 

 

 

 

 

 

 

 

 

 

 

 

 

20.4

 

17.1

 

63.3

 

56.9

 

16.3

 

22.1

 

0.0

 

4.0

2005-06

Enterprise
CS

Buffalo City Schools

 

20

 

25

 

59

 

38

 

22

 

36

 

0

 

2

 

30

 

27

 

38

 

35

 

32

 

35

 

 

0

 

3

 

11

 

22

 

58

 

43

 

29

 

31

 

2

 

3

 

12

 

21

 

58

 

48

 

28

 

29

 

2

 

2

 

18

 

24

 

60

 

50

 

22

 

25

 

0

 

2

 

25

 

24

 

57

 

56

 

16

 

20

 

2

 

1

2006-07

Enterprise
CS

Buffalo City Schools

 

18.2

 

26.1

 

47.7

 

38.6

 

34.1

 

33.7

 

0.0

 

1.6

 

4.3

 

21.6

 

50.0

 

38.6

 

43.5

 

38.2

 

2.2

 

1.7

 

8.5

 

15.5

 

61.7

 

45.7

 

29.8

 

37.2

 

0.0

 

1.6

 

2.2

 

7.3

 

58.7

 

57.6

 

39.1

 

32.7

 

0.0

 

2.4

 

10.9

 

17.7

 

67.4

 

55.4

 

21.7

 

25.7

 

0.0

 

1.2

 

8.0

 

12.0

 

64.0

 

54.6

 

28.0

 

31.9

 

0.0

 

1.5

 




Grades 3 – 8 Math Assessments

Percent of Students Scoring at Levels 1 - 4

2003-07

 

Charter
School
and District of Location

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7

Grade 8

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

L1

L2

L3

L4

2003-04

Enterprise
CS

Buffalo City Schools

 

 

 

 

 

10.6

6.4

 

55.3

31.1

 

25.5

51.4

 

8.5

11.1

 

 

 

 

 

 

 

 

 

 

 

 

 

52.3

22.4

 

40.9

44.3

 

6.8

30.3

 

0.0

3.0

2004-05

Enterprise
CS

Buffalo City Schools

 

 

 

 

 

2.2

7.4

 

23.9

26.0

 

56.5

50.6

 

17.4

15.9

 

 

 

 

 

 

 

 

 

 

 

 

 

50.0

32.2

 

41.7

43.5

 

8.3

23.1

 

0.0

1.2

2005-06

Enterprise
CS

Buffalo City Schools

 

0

 

29

 

42

 

31

 

53

 

37

 

4

 

3

 

13

 

23

 

40

 

30

 

38

 

42

 

9

 

6

 

36

 

40

 

34

 

32

 

25

 

24

 

5

 

3

 

38

 

38

 

35

 

35

 

25

 

25

 

2

 

2

 

44

 

35

 

51

 

43

 

4

 

20

 

0

 

2

 

54

 

35

 

44

 

48

 

2

 

16

 

0

 

1

2006-07

Enterprise
CS

Buffalo City Schools

 

6.7

 

24.3

 

13.3

 

32.7

 

73.3

 

39.9

 

6.7

 

3.1

 

4.7

 

23.1

 

30.2

 

32.5

 

53.5

 

38.5

 

11.6

 

5.9

 

10.4

 

24.8

 

50.0

 

37.2

 

39.6

 

33.8

 

0.0

 

4.3

 

9.1

 

27.1

 

22.7

 

35.1

 

63.6

 

34.0

 

4.5

 

3.8

 

12.5

 

21.8

 

41.7

 

49.1

 

41.7

 

26.1

 

4.2

 

3.0

 

21.6

 

27.0

 

 

35.3

 

47.2

 

43.1

 

24.4

 

0.0

 

1.4

 







Enterprise
Charter School

Regents Exams Results

2006-07

 

 


Regents Exams


All Students


General Ed. Students


Special Ed. Students


DOT


0-54


55-64


65-84


85-100


0-54


55-64


65-84


85-100


0-54


55-64


65-84


85-100

Comp. English

32%

4%

52%

12%

25%

5%

55%

15%

60%

0%

40%

0%

6/07

Math A

44%

50%

6%

0%

36%

64%

0%

0%

60%

20%

20%

0%

1/07

Math A

50%

29%

21%

0%

50%

29%

21%

0%

75%

13%

13%

0%

6/07

Math B

33%

33%

34%

0%

33%

33%

34%

0%

NA

NA

NA

NA

6/07

Global History & Geography

65%

11%

25%

0%

57%

13%

30%

0%

100%

0%

0%

0%

6/07

US Hist. & Gov.

36%

14%

32%

18%

30%

12%

35%

24%

60%

20%

20%

0%

6/07

Living Env.

29%

29%

29%

14%

33%

33%

17%

17%

0%

0%

100%

0%

1/07

Living Env.

11%

7%

78%

4%

11%

5%

79%

5%

14%

14%

71%

0%

6/07

Physical Setting/Earth Sci.

0%

67%

33%

0%

0%

67%

33%

0%

NA

NA

NA

NA

1/07

Physical Setting/Physics

93%

05

7%

0%

91%

0%

9%

0%

100%

0%

0%

0%

6/07

Comp. LOTE

55%

10%

30%

5%

56%

13%

25%

6%

50%

0%

55%

0%

6/07







Evidence of Fiscal Soundness/Projected Fiscal Impact

 

  • The School’s annual audits show that it has been operating in a fiscally sound manner.  It has adequate assets to implement its educational program. 
  • The School’s independent audit for the year ending June 2006 found no material weaknesses.
  • The School has secured loans and lines of credit with local banks.
  • A recent audit by the New York State Office of the State Comptroller (“OSC”), highlighted a number of issues relating to the School’s financial and accounting practices.  Some of the issues identified by the OSC have been addressed by the School and others are in the process of being addressed.  In addition, the School has been placed on probation (which will continue through the proposed renewal term, if approved) by the Commissioner of the New York State Education Department to address the School’s financial policies, practices and procedures.  During the probation period, the School will be required to implement a corrective action plan to, among other things, specifically address the issues raised by the OSC’s audit.  A complete copy of the OSC’s audit is available for inspection.        
  • The BOE has also indicated that it too plans on putting the School on probation to address issues raised in the OSC’s audit.







 Projected*

Fiscal Impact

of the

Enterprise Charter School

2008-09 Through 2012-13

School Year

Number of Students

Projected Impact

(Percent of Total District Budget)

2008-09

405

0.57

2009-10

405

0.56

2010-11

405

0.55

2011-12

405

0.54

2012-13

405

0.53

 

*Assumes a 4.5 percent annual increase in the district’s budget and a 3 percent annual increase in the average expense per pupil.  Projections are subject to fluctuation in actual enrollments, FTE enrollments, AEP, and district budgets.  Further assumes all students will come from the district of location.

 



Projected*

Fiscal Impact

Of All Charter Schools

In Buffalo

2008-09 Through 2012-13


School


2008-09


2009-10


2010-11


2011-12


2012-13

Buffalo Academy of Science CS

0.63

0.62

0.61

0.60

0.59

Buffalo United CS

0.98

0.96

0.95

0.94

0.92

CS for Applied Technologies**

1.75

1.73

1.70

1.68

1.65

COMMUNITY CS

0.49

0.48

0.47

0.47

0.46

Elmwood Village CS

0.24

0.24

0.24

0.23

0.23


Enterprise
CS


0.57


0.56


0.55


0.54


0.53

King Center CS

0.15

0.14

0.14

0.14

0.14

Oracle CS

0.50

0.50

0.49

0.48

0.47

Pinnacle CS

0.67

0.66

0.65

0.64

0.63

South Buffalo CS

0.98

0.97

0.96

0.94

0.93

Tapestry CS

0.57

0.66

0.68

0.67

0.66

Western NY Maritime CS

0.49

0.48

0.47

0.47

0.46

Westminster Community CS

0.77

0.76

0.75

0.74

0.72


Total Projected Impact


8.79


8.76


8.66


8.54


8.39

*Assumes a 4.5 percent annual increase in the district’s budget and a 3 percent annual increase in the average expense per pupil.  Projections are subject to fluctuation in actual enrollments, FTE enrollments, AEP, and district budgets.  Further assumes all students will come from the district of location, and that all other charter schools will still be in operation from 2008-09 forward.

** Located within Kenmore-Tonawanda CSD but receives approximately 85 percent of its student enrollment from Buffalo.   Impact is therefore calculated upon 85 percent of its anticipated enrollment.


 


Evidence of Parent and Student Satisfaction and Community Support

 

  • 93 percent of the parents responding to the parent satisfaction survey are “highly satisfied” or “satisfied” with the School.
  • The School has a waiting list of 370 students.
  • 70 percent of the middle-school and high-school students were “satisfied” with the School.
  • The City School District of the City of Buffalo held a public hearing on February 4, 2008.  Comments were in support of keeping the School open.

 

 


Recommendation

 

VOTED:  that the Board of Regents approve and issue the first renewal charter of the Enterprise Charter School as proposed by the Board of Education of the City School District of the City of Buffalo, and that its provisional charter be extended for a term up  through and including June 30, 2010.

 


Reason for Recommendation


 

Enterprise Charter School has taken steps to address concerns and issues raised by both NYSED and the BOE.  Between these efforts and the school’s anticipated compliance with the terms and conditions of its probation orders which are or will be in effect, (1) the school will meet the requirements set out in Article 56 of the Education Law and all other applicable laws, rules, and regulations; (2) the school will be operated in an educationally and fiscally sound manner; and (3) granting the proposed renewal through the end of the 2009-20010 school year 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.