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

 

TO:	Full Board
FROM:	Jean C. Stevens
SUBJECT:	Charter School Revisions
DATE:	July 24, 2006
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issues for Decision (Consent Agenda)

 

Should the Board of Regents approve the requests to revise the existing charters for Albany Preparatory Charter School (Albany), the Charter School for Applied Technologies (Kenmore), Enterprise Charter School (Buffalo), Our World Neighborhood Charter School (New York City), and South Buffalo Charter School (Buffalo)? 

 

Reason(s) for Consideration

 

          Required by State statute, Education Law §2852.

 

Proposed Handling

 

This question will come before the full Board on July 26, 2006 for action. 

 

Procedural History

 

Under the New York Charter Schools Act of 1998, the Board of Regents and the charter entity are authorized to approve revisions to charters.  The Board is also authorized to make recommendations regarding the revision of existing charters on applications submitted by another charter entity or directly to it as a charter entity. 

 

Background Information

 

We received five requests for approval of revisions to the existing charters for the above charter schools.  The Trustees of the State University of New York authorized three of these charter schools (Albany Preparatory Charter School, Our World Neighborhood Charter School, and South Buffalo Charter School); the Board of Regents as the charter entity authorized the Charter School of Applied Technologies; and the Buffalo Board of Education as the charter entity authorized the Enterprise Charter School.

 

On April 4, 2000, the Board of Regents granted the South Buffalo Charter School its initial charter, and granted the School a full five-year renewal to the charter on May 17, 2005.  In July of 2005, the School was permitted to add a fourth kindergarten class.  The School realized that the addition of a kindergarten class would extend the number of students served throughout the life of the charter.  The School also realized that a growing number of these students have special needs.  To accommodate the increased enrollment, the School seeks to amend its charter to add a fourth 1st grade class and increase its enrollment by 11 students for the 2006-07 term.  The School also seeks to add a third multiage 12:1:1 class for the 2007-08 term for students in grades 1 and 2 and increase enrollment by 23 students throughout the life of the charter.  Accounting for the 25 student overage that SUNY permits each year, the School seeks to increase the enrollment by 36 students during the 2006-07 school year, and by 48 students for each year thereafter for a maximum targeted enrollment of 705 students in grades K-8 by 2009-10.  The original target was 657.   Staff recommend approval of the first revision to the second renewal charter.

 

In January 2001, the Board of Regents granted the Charter School of Applied Technologies its initial charter and recently granted the School a full five-year term renewal charter to January 10, 2011.  The School will serve up to 1,375 students in grades K-11 during the 2006-07 school year.  The School has requested to amend its charter to expand its curricular offering in the high school, specifically, to add courses entitled Foundations in Humanities I/II/III/IV.  “Foundations in Humanities” is an interdisciplinary course aimed at strengthening foundational skills in English Language Arts and Social Studies.  The courses will integrate topics taught in Social Studies and ELA classes and will emphasize the foundational skills that are needed for success in both classes.  Key issues and topics in Social Studies will be explored in greater depth, emphasizing critical thinking and linking to the English Language Arts standards.   Staff recommend approval of the first revision to the first renewal charter.

 

On March 20, 2001, the Board of Regents granted Our World Neighborhood Charter School (OWNS) its initial charter.  On March 21, 2006, the Regents granted the School a short-term, first renewal through July 31, 2006.  Upon Regents approval of the School’s proposed second renewal to extend the charter through July 31, 2007, the School seeks to amend the second renewal charter to operate without the assistance of a management company. Presently, Mosaica Education, Inc. manages the School. The School is located in the Astoria section (CSD 30, Region 4) of Queens and serves 645 students in kindergarten through eighth grade.  OWNCS has demonstrated educational soundness, fiscal soundness and evidence of parent satisfaction.  Ninety-five percent (95%) of students are returning from last year.   Staff recommend that the Regents approve the first revision to the second renewal charter for Our World Neighborhood Charter School.

 

On March 25, 2003, the Board of Regents granted an initial charter to Enterprise Charter School.  The School currently serves 460 students in grades K-10 and adds at least one grade each year.  The School seeks to amend its charter to provide for the addition of grade 11 and 50 students starting in the 2006-07 school year, and the addition of grade 12 and 50 students in the 2007-08 school year.  The School will serve a maximum of 605 students in grades K-12.  The Buffalo Board of Education approved this amendment on June 28, 2006.  Staff recommend approval of this third revision of its initial charter.

 

On April 9, 2005, the Albany Preparatory Charter School was issued an initial charter by operation of law to serve grades 5-8.  The School’s current charter states that the School will serve up to 100 grade 5 students and up to 100 students in grade 6 during the 2006-07 school year; expand to include grade 7 and up to 100 grade 7 students during 2007-08; and expand to include grade 8 and 100 grade 8 students during 2008-09 for a maximum total enrollment of 400 students in grades 5 through 8.  Due to facility issues, the School seeks to amend its charter to decrease its enrollment by 100 students for each of the next three years and by 50 students in the last year of its current charter (2009-2010).  The SUNY Board of Trustees voted to approve the revision (as shown in Exhibit A: Minimum Projected Enrollment) and allow the School to increase its enrollment up to original levels (as shown in Exhibit A: Maximum Projected Enrollment) should the School find a facility that permits the School to maintain the original number of students requested in its original charter application.   The School would be required to notify the Albany City School District as the district of location regarding the increase to the maximum projected enrollment by April 1st of the school year immediately preceding the school year in which any enrollment increase from the minimum projected enrollment will be implemented. 

 

Exhibit A – SUNY Charter Schools Institute

 

 

Staff does not object to the decrease in enrollment while the School is in the process of resolving its facility issues.  However, staff does object on legal grounds to the proposed action of the school to unilaterally increase its class size/total enrollment at an unknown future date without being required to seek the approval of SUNY and/or the Board of Regents.   Therefore, staff recommend that the Board of Regents return the proposed revision with comment to SUNY for reconsideration. 

 

Complete copies of the charters and material pertaining to the amendments are available from Shelia Evans-Tranumn at 718-722-2796 or James R. Butterworth at 518-474-4817.

 

Recommendations

 

VOTED:   That the Board of Regents approve the proposed first revision to the second renewal charter of the South Buffalo Charter School, and any amendment to its provisional charter that is necessary.

 

VOTED:  That the Board of Regents approve the proposed first revision to the first renewal charter of the Charter School of Applied Technologies, and any amendment to its provisional charter that is necessary to expand its curricular offering in the high school.

 

VOTED:  That the Board of Regents approve the proposed first revision to the second renewal charter of the Our World Neighborhood Charter School, and any amendment to its provisional charter that is necessary.

 

VOTED:  That the Board of Regents approve the proposed third revision of the charter of the Enterprise Charter School, and any amendment to its provisional charter that is necessary. 

 

VOTED:  That the Board of Regents return the proposed first revision to the charter of the Albany Preparatory Charter School to the Trustees of the State University of New York (SUNY) for reconsideration, and with the recommendation that the proposed revision be modified to eliminate the authorization for the charter school to unilaterally increase class sizes and/or total enrollment without further approval by the charter entity or the Board of Regents.

 

Timetable for Implementation

 

Upon approval by the Board of Regents, the revisions to the charters will become effective immediately.

Reason for Recommendations

 

The charters of the South Buffalo Charter School, Charter School of Applied Technologies, Our World Neighborhood Charter School and  Enterprise Charter School as revised (together with the other terms of their charters) (1) will 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 schools 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.