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

 

TO:	EMSC-VESID Committee
FROM:	Jean C. Stevens
SUBJECT:	Charter School Renewals
DATE:	May 17, 2006
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision

 

Should the Regents approve the staff’s recommendations regarding the proposed renewal of the charters for the Ark Community Charter School in Troy, the COMMUNITY Charter School in Buffalo, the Stepping Stone Academy Charter School in Buffalo, and the Brooklyn Charter School, the Carl C. Icahn Charter School, the Family Life Academy Charter School, the Harlem Day Charter School, and the Sisulu-Walker Charter School in New York City?

 

Reason(s) for Consideration

 

          Required by State statute, Education Law 2852.

 

Proposed Handling

 

This question will come before the Regents EMSC-VESID Committee on May 22, 2006 for action.  It will then come before the full Board for final action on May 23, 2006.

 

Procedural History

 

Under the New York Charter Schools Act of 1998, the Board of Regents is authorized to make recommendations regarding the renewal of existing charters on applications submitted directly to it as a charter entity, and on proposed charters submitted by another charter entity.   Upon receipt of an application for renewal or for the establishment of a new charter school, or receipt of a proposed charter from another charter entity, the Board of Regents shall review such applications and proposed charters in accordance with the standards set forth in the Charter Schools Act.

 

Background Information

 

We have received six applications for renewal from the Trustees of the State University of New York (“SUNY”); one application for renewal charter from the Chancellor of the New York City Public Schools; and one direct application for renewal to the Board of Regents as the charter entity that will be presented to you at your May meeting. The applications are for renewal of the following:

 

·       Ark Community Charter School, Troy

·       COMMUNITY Charter School, Buffalo

·       Stepping Stone Academy Charter School, Buffalo

·       Brooklyn Charter School, New York City

·       Carl C. Icahn Charter School, New York City

·       Family Life Academy Charter School, New York City

·       Harlem Day Charter School, New York City

·       Sisulu-Walker Charter School, New York City

 

The charters for Ark Community Charter School and Stepping Stone Academy Charter School were issued by the Board of Regents in March 2001.  The initial charter for the COMMUNITY Charter School was issued by the Regents on October 5, 2001. 

 

          The Ark Community Charter School served a maximum of 160 students in grades K-5 during the 2005-2006 school year.  According to the renewal report from SUNY, the School has a mixed record of academic success.  The School has failed to meet or come close to meeting a number of key performance measures in English language arts (ELA) and mathematics despite showing significant improvement.  The School also has failed to implement a program to address the needs of its limited English proficient/English Language Learners(LEP/ELL) students and instead provided LEP/ELL students with remedial reading instruction that SUNY describes as under-resourced.  SUNY seeks a short-term, two-year renewal of the School with two conditions.  First, SUNY recommends that the School limit its enrollment to a total of 180 students and restrict its expansion to grade six to only the students who are enrolled presently as fifth graders in the School.  Second, SUNY recommends that the School establish and put in place by the time the 2006-07 school year begins an English as a Second Language (ESL) Program under the direction of a certified ESL teacher.

 

The COMMUNITY Charter School is located in Buffalo.  It currently serves 308 students in grades K-6.  Upon renewal, it seeks to continue to serve 308 students in grades K-6 in 2006-07, then 390 students in grades K-7 for 2007-08, and then 438 students in grades K-8 for the remainder of its first renewal charter term.  It had initially partnered with Beacon Education Management, which became Chancellor Beacon Academies, then Imagine Schools, Inc.  The School was unable to open for instruction until the third year of its charter, due to facility issues.  While the School has shown academic growth, it has not met its student achievement goals.  Staff recommend that the School’s charter be renewed for the period of October 5, 2006 – July 31, 2007 to allow it the opportunity to collect and analyze a third consecutive year of student achievement data before a final determination is made regarding the renewal of the charter.

 

The Stepping Stone Academy Charter School was serving a maximum of 624 students in grades K-8 during the 2005-06 school year.  According to the renewal report provided by SUNY, there are numerous instances in which the School failed to implement the educational program promised in its charter, it has not met (or come close to meeting) the academic goals described in its Accountability Plan, and there is no evidence that 4^th graders in general have benefited from having attended the School since kindergarten.  SUNY has required that the School end its instructional program by June 30, 2006.  SUNY is seeking a renewal period through July 31, 2007, to allow the School to end its operations in an efficient manner.  SUNY also states that the School could subsequently seek a “restructuring” of the charter before the end of the charter term, to allow for continued corporate existence and a “possible re-use of the charter.” 

 

The Brooklyn Charter School (BCS) is located in New York City, in the Bedford-Stuyvesant section of Brooklyn.  The School began operations in September 2000. At the expiration of its initial charter, the School was granted a short-term extension of its charter from July 1, 2005 up through and including June 30, 2006 to establish goals for enrollment (increasing the percentage of special education and ELL students) and attrition; hire personnel to provide special education services; develop a plan to administer parent surveys with goals for response and satisfaction rates; and provide evidence of sufficient internal controls and oversight of fiscal management.  The School seeks a five-year renewal of its charter.  Initially, the School began operation in September 2000 with grades K through 1.  Each year the School expanded to include an additional grade until it reached grades K through 5.  The School’s grade 4 scores on the State’s ELA and mathematics assessments have exceeded State standards. The School succeeded in meeting its academic targets in both ELA and mathematics.  Staff recommends that the proposed second renewal to the charter and an extension to the provisional charter be approved because the School has provided evidence of educational and fiscal soundness, evidence of parent and student satisfaction, and is likely to improve learning.

 

The Carl C. Icahn Charter School (ICS) is located in New York City, in the South Bronx.  The initial charter became effective on March 20, 2001. At the expiration of the initial charter this school year, the School was granted a short-term renewal, less than six months, of its charter up through and including July 31, 2006.   The School seeks a five-year renewal of its charter under which it would expand by two grades: grade 7 in 2006-07 and grade 8 in 2007-08.  Initially, the School began operation in September 2001 with grades K through 2.  Each year the School expanded to include an additional grade until it reached grades K through 4.  Subsequent to the School’s opening, SUNY requested two separate amendments to the charter permitting the School to serve K through 5 and then K through 6.  The School’s grade 4 scores on the State’s ELA and mathematics assessments have been high. The School surpassed its absolute goal on the percent of students proficient in ELA and mathematics and far outperformed its identified comparison schools, as well as its peers in Community School District (CSD) 9 over the life of the charter.  Staff recommends that the proposed second renewal to the charter and an extension to the provisional charter be approved because the School has provided evidence of educational and fiscal soundness, evidence of parent and student satisfaction, and is likely to improve learning.

 

The Family Life Academy Charter School (FLACS) is located in New York City, in the South Bronx.  The initial charter became effective on May 14, 2001.  This year, the School was granted a short-term renewal, less than six months, of its charter up through and including July 31, 2006. The School began operation in August 2001.  SUNY seeks a two-year renewal of the FLACS charter.  Although the School has not met the key academic outcomes in ELA and mathematics that it set for itself, the School has made Adequate Yearly Progress in ELA and mathematics and is currently a School in good standing under the No Child Left Behind Act (NCLB).  The Charter Schools Institute asserts that the School is likely to meet its student achievement goals with the additional time that renewal of the charter for two years would give it.  Staff recommends that the second proposed renewal to the charter and an extension to the provisional charter be approved because the School has provided evidence of educational and fiscal soundness, evidence of parent and student satisfaction, and is likely to improve learning.

 

The Harlem Day Charter School (HDCS) is located in New York City, in the borough of Manhattan.  The initial charter became effective on May 14, 2001. This school year, the School was granted a short-term renewal, less than six months, of its charter up through and including July 31, 2006.  The School began in 2001-02 serving only grades K and 1; each year the School has expanded to include an additional grade. The School is currently serving 240 students enrolled in grades K through 5.  Throughout the charter period, students have demonstrated a high rate of performance growth and currently show NCLB performance index values higher than the average of New York City Schools. In 2004-2005, all third and fourth graders attending the School for at least two years demonstrated proficiency in both ELA and mathematics; HDCS exceeded the measures in its Accountability Plan.  Staff recommends that the proposed five-year second renewal to the charter and an extension to the provisional charter be approved because the School has provided evidence of educational and fiscal soundness, evidence of parent and student satisfaction, and is likely to improve learning.

 

The Sisulu-Walker Charter School of Harlem is located in New York City, in the borough of Manhattan.  The initial charter became effective in August 1999.  In 2004, the School was granted a two-year renewal of its charter up through and including August 8, 2006 to allow it to stabilize its teaching staff and instructional delivery, and allow it to gather and report additional evidence that the School would continue to build a record of improving student learning and achievement.  The School is currently serving 225 students enrolled in grades K through 5.  The School has met eight of the nine academic goals in its Accountability Plan. The School is achieving similar scores on the State assessments in ELA to those seen in local school districts, while the percentage of students at Levels 3 and 4 on the State mathematics assessment was six percentage points higher. Staff recommends that the proposed five-year second renewal to the charter and an extension to the provisional charter be approved because the School has provided evidence of educational and fiscal soundness, evidence of parent and student satisfaction, and is likely to improve learning.

 

Recommendation

 

VOTED: That the Board of Regents approve and grant the proposed second renewal charter and extend the provisional charter up through and including June 30, 2008 for the following charter school:

 

·       Ark Community Charter School

 

VOTED:   That the Board of Regents approve the renewal of the following charter school from October 5, 2006 through and including July 31, 2007:

 

·       COMMUNITY Charter School, Buffalo

 

VOTED: That the Board of Regents return the proposed second renewal charter for the following charter school to the Trustees of the State University of New York for reconsideration, and with the comment that that application does not meet the criteria for approval in Education Law § 2852(2), and with the recommendation that the Trustees abandon the proposed second renewal of the School and proceed with its dissolution after its current charter and provisional charter expire on July 31, 2006. 

 

·       Stepping Stone Academy Charter School.

 

VOTED:  That the Board of Regents approve and grant the proposed second renewal charter and extend the provisional charters for five years up through and including June 30, 2011 for the following charter school:

 

·       Brooklyn Charter School

 

VOTED:  That the Board of Regents approve and grant the proposed second renewal charters and extend the provisional charters for five years up through and including July 31, 2011 for the following charter schools:

 

·       Carl C. Icahn Charter School

·       Harlem Day Charter School

 

VOTED:  That the Board of Regents approve and grant the proposed second renewal charter and extend the provisional charter for two years up through and including July 31, 2008 for the following school:

 

·       Family Life Academy Charter School

 

          VOTED:  That the Board of Regents approve and grant the proposed second renewal charter and extend the provisional charter up through and including August 8, 2011 for the following charter school:

 

·       Sisulu-Walker Charter School of Harlem

         

Timetable for Implementation

 

The Regents action will become effective for the Ark Community Charter School, the COMMUNITY Charter School, and the Stepping Stone Charter School on May 23, 2006.

 

The Regents action will become effective for the Brooklyn Charter School on July 1, 2006, the Carl C. Icahn Charter School on August 1, 2006, the Family Life Academy Charter School on August 1, 2006, the Harlem Day Charter School on August 1, 2006 and the Sisulu-Walker Charter School of Harlem on August 9, 2006. 

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

 

Name of Proposed Renewed Charter School:  Ark Community Charter School

 

Address:  762 River Street, Troy, New York, 12180

 

Board of Trustees President:  Steven Axelrod

 

Renewal Period: July 31, 2006 – July 31, 2008

 

District of Location: Troy City School District 

 

Charter Entity:  SUNY

 

Institutional Partner(s): None

 

Management Partner(s): None

 

Grades Served/ Projected Enrollment per Year:     

 

2005-06	K-5	160
2006-07	K-6	180
2007-08	K-6	180

 

 

Renewal Application Highlights

 

Evidence of Educational Soundness/Attainment of Educational Objectives

·       In the first three years, the Ark Community Charter School did not meet the key academic goals in ELA and mathematics as put forth in its Accountability Plan.

·       In the fourth year, the School made significant gains in meeting its ELA measures and met all of its key measures in mathematics.

·       The School is in good standing under the State’s NCLB accountability measures.

·       Despite overall improvement in meeting key academic measures and good standing, the results are not sufficiently strong to support a full-term renewal.

·       The School has failed to implement a special language instruction program to meet the specific needs of its students who are identified as limited English proficient (LEP) or English Language Learners (ELL).

·       The School has provided LEP/ELL students with remedial reading instruction which SUNY states that the School “wrongly assumed that such support would suffice.”

·       The School provides limited academic or coaching support to a caring but limited teaching staff regarding effective methods of instruction for students who are identified as LEP/ELL.

·       Despite the lack of an appropriate special language instruction program and instructional support for all teachers, the School progressed 41 percent—short of the 50 percent goal--of its LEP/ELL students to a higher level of proficiency in 2003.  In 2004, half of the LEP/ELL students progressed to the next level.

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       According to the renewal report provided by SUNY, the School is operationally and fiscally sound; the School’s Board of Trustees has provided basic oversight and implemented effective and appropriate policies, systems, and processes to which it abides.

·       The School has maintained positive fund balances and adequate cash flow and established effective internal controls.

·       The School’s audit reports did not disclose any reportable conditions, material weaknesses or instances of non-compliance.

·       The potential fiscal impact on the Troy City School District is shown below:

 

 

Potential Fiscal Impact* of the Charter School

on the Troy City School District

2005-08

 

*Assumes a 3 percent increase in the district’s budget and a 4.5 percent increase in the average expense per pupil, per year.

 

 

 

Ark Charter School

Change in Net Assets 2001-02 through 2004-05*

 

Year	Change in Net Assets
2001-02	$421,442
2002-03	$73,672
2003-04	$1,212,918
2004-05	$186,956

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

Note: Changes in net assets indicate changes in available cash; such changes do not necessarily imply deficits.

 

 

Evidence of Parent and Student Satisfaction

·       Only 58% of the parents responded to the School’s 2004-05 survey.  

·       Of those responding, however, parents rated the Ark Community Charter School positively.  Parents specifically feel welcome at the School; feel the teachers have high standards and high expectations of students; and feel their children enjoy attending the School.

·       Parent and student satisfaction is evident in the average attendance rate at 93%.

 

Recommendation

         

Staff recommends that the Board of Regents approve and grant the proposed second renewal charter and extend the provisional charter up through and including June 30, 2008.

 

Reason for Recommendation

 

SUNY recommends short-term renewals to charter schools in their “fifth year that present ambiguous or mixed record of educational achievement, but that have effectively implemented measures to correct those deficiencies and such measures are likely to lead to educational success and students’ academic improvement with additional time…”  As a result of its findings for renewal, the Ark Community Charter School appropriately fits into the category of short-term renewals. 

 

SUNY has recommended appropriately that the Ark Community Charter School be granted a short-term renewal of two years subject to the following conditions:  1) the School must have in place the services of a certified instructor and a fully operational program for English Language Learners, dedicated specifically to the needs of students officially designated as English Language Learners; 2) students must have enrolled in the fifth grade prior to entering the sixth grade (i.e., students may not attend the School for the first time in sixth grade); and 3) the School’s projected total enrollment is limited to 180 students.

 

 

 

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

 

Name of Proposed Renewed Charter School:  COMMUNITY Charter School

 

Address:  404 Edison Avenue, Buffalo, NY 14215

 

Board of Trustees President: Richard Frazita

 

Renewal Period: October 5, 2006 –July 31, 2007

 

District of Location: Buffalo City School District        

 

Charter Entity:  Board of Regents

 

Institutional Partner(s):  None

 

Management Partner(s): None

 

Grades Served per Year: K-7 (K-8)               

 

Projected Enrollment per Year:

2006-07: K-6, 308

2007-08: K-7, 390

2008-09: K-8, 438

2009-10: K-8, 438

2010-11: K-8, 438

 

 

 

Renewal Application Highlights

 

Evidence of Educational Soundness/ Attainment of Educational Objectives

·       The COMMUNITY Charter School (“the School”) has met few of its academic goals and objectives.

·       While the School has demonstrated academic growth, it does not yet outperform the Buffalo Public Schools on either of the New York State assessments in grade 4 ELA and math.

·       The School has made Adequate Yearly Progress (AYP) through the “safe harbor” provision in ELA for both years it provided instruction. 

·       In the second year of instruction (2004-05), the School made AYP in mathematics by exceeding its Effective Annual Measurable Objective.

·       The goal to have students “achievement at least 1 year of academic growth as measured by grade equivalent gains on the Stanford 9” has been met in four of ten tested areas (grades 1 and 2 reading, grades 3 and 4 mathematics).

·       The ability of the Board of Trustees to adequately implement its charter and/or provide adequate oversight of the School, its administrators, and/or its management company, has been questionable.  There is a documented history of the Board’s failure to comply with Departmental requests, or to even respond to them. 

·       The Board will be required to contract with consultants and trainers to provide professional development for the Board.

·       The Board will be required to adopt new leadership during the renewal period.

·       The Board will no longer contract with Imagine Schools, Inc. or any other educational management organization to provide management services. 

·       The School was placed on probation by the Commissioner of Education between May 18 and September 30, 2005 due primarily to the School’s non-compliance with Education Law §§2854(3)(a-2) and 3035 pertaining to background checks of employees, Education Law §2854(3)(a-1) pertaining to teacher certification, and charter provisions pertaining to the provision of alternate instruction to suspended students who are of compulsory attendance age. 

·       The School did not fully comply with the terms and conditions of its probation.  As a result, the Commissioner extended the probation through June 30, 2006 or until the School’s charter was renewed, whichever occurs first.

 

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       The School has received a qualified independent audit rating.

·       The current management contract with Imagine Schools, Inc. will be terminated at the end of the 2005-06 school year.

 

COMMUNITY Charter School

Change in Net Assets 2001-02 Through 2003-04*

 

Year	Change in Net Assets
2003-04	($14,656)

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

 

 

Potential Fiscal Impact* of Charter Schools

on the Buffalo City School District

2006-11**

*Assumes a 3 percent increase in the district’s budget and a 4.5 percent increase in the average expense per pupil, per year.

**Assumes all charter schools currently operating in Buffalo will also be operating five years from now.

***Assumes renewal for five years.

 

Evidence of Parent and Student Satisfaction

·       Parents have indicated that they are pleased overall with the educational program provided to their children.

·       The School is not fully enrolled.   Seats are available in four of the grades served.

·       The School has not met its goal of 90% retention for any year.

 

Recommendation

 

          Staff recommends that the Board of Regents renew the charter for the COMMUNITY Charter School for the period of October 5, 2006 through July 31, 2007, inclusive.

 

Reason for Recommendation

 

          A renewal term of October 5, 2006 through and including July 31, 2007 is recommended to allow the School to obtain and analyze a third consecutive year of student achievement data, which will allow for more meaningful conclusions to be drawn regarding the adequacy of the School’s instructional program before a final determination is made regarding renewal.  It will also allow the School to implement other changes that are meant to improve its overall management and organizational capacity.

 

During the recommended renewal period, the School will be required to strengthen the collective expertise of its Board of Trustees; successfully address all requirements in its current probation order; select new Board leadership; demonstrate the ability to attract and retain the number of students targeted in the School’s renewal enrollment projections; and strengthen the overall academic program such that the School will be able to meet its student achievement goals. 

 New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

 

Name of Proposed Renewed Charter School:  Stepping Stone Academy Charter School

 

Address:  909 East Ferry Street, Buffalo, NY 14211

 

Board of Trustees President: Dollthea Holmes

 

Renewal Period: July 31, 2006 – July 31, 2007

 

District of Location: Buffalo City School District        

 

Charter Entity:  SUNY

 

Institutional Partner(s): None

 

Management Partner(s): Edison Schools, Inc.

 

Grades Served/ Projected Enrollment per Year:      NA

 

 

Renewal Application Highlights

 

Evidence of Educational Soundness/Attainment of Educational Objectives

·       The Stepping Stone Academy Charter School (“the School”) has not met its academic Accountability Plan goals, or even made progress towards their attainment.

·       The School has met almost none of its key academic outcomes.

·       Students have not met acceptable levels of academic proficiency.

·       There was no evidence that 4^th grade students, in general, benefited academically for having attended the School since kindergarten.

·       The School opened for instruction in September 2001, promising that technology would be an “intrinsic part” of the education program, but the promised laptop computers were not introduced until December 2002.  The program was subsequently discontinued.

·       By the 2003-04 school year, students had few opportunities to use any technology.

·       The School promised a longer school day, but was effectively the same as the Buffalo City School District.

·       There have been three principals, one interim principal, and much turnover in Board membership.   The principal/board/Edison relationship was characterized in the renewal report as being “dysfunctional.”

·       In 2002, the School failed to administer the State science exam in grade 4, and was placed under Corrective Action by SUNY.

·       In 2004, the School provided inaccurate enrollment data to the Buffalo City Schools, and it was placed on probation by SUNY. 

·       The School has also failed to provide supplemental education services, and has yet to respond to SUNY’s request (dated December 27, 2005) on this matter.

·       The School has been identified by the Department as needing “Corrective Action” under NCLB. 

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       According to the renewal report provided by SUNY, the School ended Fiscal Year 2005 in a weak financial condition, and it showed the largest net asset deficiency of any charter school authorized by SUNY.

·       As of June 30, 2005, the total outstanding combined balances of loans payable to Edison was $4,410,660.  Upon the expiration of the management agreement with Edison, the School is required to pay all outstanding amounts due to Edison, unless the management agreement is extended. 

·       As of June 30, 2005, the School’s then-current liabilities exceeded then-current assets by $354,413.  More current data are not yet available. 

·       As of the June 30, 2005 audit, some instances of inadequate internal fiscal controls were noted. 

·       Since the School will no longer be providing instruction past June 30, 2006, its potential fiscal impact was not projected. 

·       The table below shows the projected fiscal impact without the School.

 

Potential Fiscal Impact* of Charter Schools

on the Buffalo City School District

2006-11**

 

*Assumes a 3 percent increase in the district’s budget and a 4.5 percent increase in the average expense per pupil, per year.

 

 

 

Stepping Stone Academy Charter School

Change in Net Assets 2001-02 Through 2004-05*

 

Year	Change in Net Assets
2001-02	$73,360
2002-03	($205,230)
2003-04	($795,888)
2004-05	($37,583)

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

Note: Changes in net assets indicate changes in available cash; such changes do not necessarily imply deficits.

 

 

Evidence of Parent and Student Satisfaction

·       In October 2005, only 25 percent of the parents of students enrolled in the School completed and returned the School’s Parent Satisfaction Survey.  While 82 percent of those respondents indicated satisfaction with the School, the findings cannot be generalized due to the low return rate. 

·       The School has had low enrollment over the life of its charter, and, as a result, the School has had to reduce its targeted enrollment downwards in 2002-03, 2003-04, 2004-05, and in December 2005. 

·       Parents generally did not know who were the members of the School’s Board of Trustees, and did not know their roles.  They also indicated that there was a lack of communication between the Board and the parents.

 

Recommendation

         

Staff recommend that the Board of Regents return the proposed second renewal charter for the Stepping Stone Academy Charter School to the Trustees of the State University of New York for reconsideration, and with the comment that the application does not meet the criteria for approval in Education Law § 2852(2), and with the recommendation that the Trustees abandon the proposed second renewal of the school and proceed with its dissolution after its current charter and provisional charter expires on July 31, 2006.

 

Reason for Recommendation

 

SUNY has recommended that the School terminate its instructional program as of July 31, 2006, and that the charter be renewed through July 31, 2007 so that the School may “wind up its affairs in an orderly fashion.”    The renewal report provided by SUNY also states, “…the school’s board of trustees may seek a restructuring of the charter before the end of the extended charter term, to allow the continued corporate existence of the education corporation and possible re-use of the charter.”

 

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 §2852.  Section 2852(2) requires a charter entity to make a series of findings, including that the applicant can demonstrate the ability to operate a school in an educationally 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, such as the Stepping Stone Academy Charter School, which is being closed due to its poor academic performance.  The School’s application, therefore, does not meet the criteria for approval in Education Law § 2852(2).  Moreover, there is no legal authority for the proposed “restructuring” of the School at a future date.  Finally, in light of the powers conveyed to the Trustees of the School pursuant to §220(5) of the Education Law, a renewal is not required in order to “wind up its affairs.”        

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

Name of Proposed Renewed Charter School:  Brooklyn Charter School (BCS)

 

Address: 545 Willoughby Avenue, Brooklyn, New York 11206

 

Board of Trustees President:  Henry Lambert

 

Renewal Period:  July 1, 2006 – June 30, 2011

 

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

 

Charter Entity:  Chancellor, New York City Public Schools

 

Institutional Partner(s):  None

 

Management Partner(s):  None

 

Grades Served per Year:  K-5 (K-5)

 

Projected Enrollment per Year:  230 (240)

 

 

Renewal Application Highlights

 

Evidence of Educational Soundness/Attainment of Educational Objectives

·       For Brooklyn Charter School (“BCS” or “the School”) performance on State assessments, see Attachment 1.

·       The School has achieved a Performance Index of 165 on grade 4 English language arts (ELA) and 179 on the grade 4 mathematics assessments and exceeded the State standard of 150.

·       During the first term of the charter and the renewal term, the School was successful in meeting its academic targets in both ELA and math.

·       The educational program is comprised of a project-based mathematics curriculum (TERC); Balanced Literacy; supplemental skills-based math (McGraw Hill Mathematics); advisory groups (Harambee, a Swahili word meaning “Let’s pull together.”); and assessment-driven instruction.

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

·       BCS integrates the arts program (music and dance) with literacy and math to reinforce skills.

·       The School has added a certified Special Education teacher to ensure the provision of appropriate services for students.  The Special Education teacher has also worked closely with general education teachers to strengthen instruction for all students.

·       The addition of an assistant principal, with a primary focus on instruction and professional development, brought coherence to the academic program.

·       The charter entity asserts that professional development activities sponsored by the School are aligned to the mission and goals of the School.

·       The New York City Department of Education reports that the School continues to build an instructional program aligned with State standards that is implemented by talented teachers. 

·       At the beginning of the 2005-2006 school year, the School reported 65 percent of teachers were certified.  BCS has developed a recruitment and professional development plan to ensure that no less than 70 percent of all teachers are certified at the beginning of the 2006-2007 school year.

·       The School did not receive Title I funds.  In 2004-2005 the School made Adequate Yearly Progress in ELA and math.

·       The School serves a lower percentage of students with disabilities and with limited English proficiency than does the district of location.  The School has developed an outreach plan intended to increase the enrollment of students in these two categories.

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       The charter entity required the School to modify and strengthen fiscal oversight and governance during the period of the short-term renewal.  The School made significant improvements.       

·       The improvements include providing regular financial reports to the Board and the New York City Department of Education; and upholding oversight (programmatic and fiscal) and governance responsibilities.

·       BCS implemented all eight recommendations from an independent auditor to address concerns with respect to existing controls, reporting and oversight.

·       The School assigned specific responsibility for oversight of school finances.  Reports are made on a regular basis to the Board of Trustees.

·       BCS maintains adequate supporting documentation for various expenditures and cash receipts.  The School does not carry any long-term debt.

·       The potential fiscal impact upon the District is represented in Attachment 1.  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.

·       For Brooklyn Charter School Change in Net Assets, see Attachment 1.

 

Evidence of Parental and Student Satisfaction and Community Support

·       Parents returned 48 percent of all school surveys in 2005-2006, up 16 percent over the previous year.  The School’s goal is a 75 percent response rate.  Parents report broad satisfaction with the leadership, staff and instructional program of the School.

·       Presently, there are 223 students enrolled.  The School was able to sustain enrollment while relocating to a space in Community School District 14, which is shared with a public school.

·       Annual attendance rates since the inception of the School have ranged from 89 percent to 93 percent. These numbers approximate averages in Community School District 16.

 

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.  The School has exceeded the State standard on both indicators for grade 4.

 

Overall, the data indicate that the School has improved student learning and achievement.  The School has addressed the challenges of fiscal management by recruiting a Board member with finance expertise, and hiring a certified public accountant as financial manager.  The School has increased and stabilized student enrollment through ongoing efforts to build bridges in a new community.  The School has also crafted an outreach plan to increase the enrollment of students with disabilities and students with limited English proficiency. 

 

The New York City Department of Education recommends renewing the School for a period of five years, with the understanding the School must:

 

1.     Continue to submit a monthly financial package for ongoing review by the New York City Department of Education;

2.     Continue to document and demonstrate aggressive outreach efforts to ensure sufficient enrollment and equitable access to all students including special education and English language learners;

3.     Provide a schedule of Board meetings, Board minutes and associated documentation to demonstrate oversight of school programs, review of academic and financial reports, and progress toward the Board’s strategic goals;

4.     Provide explicit structures that enable opportunities for parental involvement in school governance and demonstrate evidence of implementation; and

5.     Meet teacher certification requirements.

 

Recommendation

 

Staff recommends that the Board of Regents approve the proposed second renewal to the charter and grant an extension to the provisional charter for five years up through and including June 30, 2011.

Reason for Recommendation

 

(1) The charter school described in the application meets the requirements set out in this article and all other applicable laws, rules and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; and (3) granting the five-year extension 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 this article.

Attachment 1

 

Brooklyn Charter School

Performance on State Assessments*

 

Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	% Level 3 & 4
Grade 4 ELA	2003	N/A	N/A	N/A	N/A	N/A
Grade 4 ELA	2004	7	33	60	0	60
Grade 4 ELA	2005	3.2	29	58.1	9.7	67.8
Grade 4 Math	2003	N/A	N/A	N/A	N/A	N/A
Grade 4 Math	2004	0	0	93	7	100
Grade 4 Math	2005	0	20.7	72.4	6.9	79.3

* The first cohort of grade 4 students was tested in 2003-2004.

 

 

Brooklyn Charter School

Potential Fiscal Impact of the Renewal of the Charter for

 Brooklyn Charter School

 

School Year	Number of Students	Projected Payment*	Projected Impact
2006-2007	230	$2,281,590	.0127%
2007-2008	234	$2,425,727	.0131%
2008-2009	236	$2,556,550	.0134%
2009-2010	238	$2,694,235	.0137%
2010-2011	240	$2,839,135	.0140%

* 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 $9,084.

 

 

Brooklyn Charter School

Change in Net Assets 2000-2001 Through 2004-2005

 

Fiscal Year	Change in Net Assets
2000-2001	N/A
2001-2002	($7,413)
2002-2003	$97,191
2003-2004	N/A
2004-2005	$11, 792

 

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

Name of Proposed Renewed Charter School:  Carl C. Icahn Charter School (ICS)

 

Address: 1525 Brook Avenue, Bronx, NY 10457

 

Board of Trustees President: Carl C. Icahn

 

Renewal Period: August 1, 2006 – July 31, 2011

 

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

 

Charter Entity: SUNY Board of Trustees

 

Institutional Partner(s): Foundation for a Greater Opportunity (FGO) and the Center for Educational Innovation-Public Education Association (CEI-PEA)

 

·       The Foundation for a Greater Opportunity has as its mission the creation and support of New York Charter Schools.  The Foundation is an organization with a 501(c)(3) designation.  It was created to provide the start-up capital, as well as serve as an educational resource for ICS.  FGO provides the financial support that was necessary to build the school and will contribute one-third of the costs for a new facility to accommodate the School’s growth. 

·       The Center for Education Innovation’s (CEI) specific mission is to transform education in America by shifting accountability from centralized bureaucracies to local schools and by creating systems of public school choice for communities.  The Public Education Association (PEA) has worked for systematic and sustainable reform of the public schools in New York City.  CEI-PEA offers seminars and workshops to help parents find and access a quality education for their children.  In addition, they train parents to be effective advocates for their children and their schools.  CEI-PEA will be a resource for all areas of operation, curriculum, and accountability for ICS. 

 

Management Partner(s):  None

 

Grades Served per Year: K-7 (K-8)

 

Projected Enrollment per Year: 250 (324)

 

 

RENEWAL APPLICATION HIGHLIGHTS

 

Evidence of Educational Soundness/ Attainment of Educational Objectives

·       For Carl C. Icahn Charter School’s (“ICS” or “the School”) Performance on State assessments see Attachment 1.

·       During the five-year renewal period, the School will expand by two grades: grade 7 in 2006-07 and grade 8 in 2007-08. At full growth, the School will serve 324 students in grades kindergarten through grade 8 (see Attachment 1).

·       ICS will maintain its commitment to having only 18 students per class.

·       The School’s grade 4 scores on the State English language arts (ELA) and mathematics assessments have been excellent. The School surpassed its absolute goal and far outperformed its identified comparison schools, as well as their peers in Community School District (CSD) 9 over the life of the charter. 

·       In 2005, the proportion of fourth graders scoring at the proficient level was more than 40 percent greater on the ELA exam and more than 30 percent greater on the mathematics exam than that of any of the comparison schools or CSD 9.

·       In 2005, 89 percent of the grade 4 cohort scored at the proficiency level or above on the ELA exam.  All of the students in grade 4 scored at the proficiency level or above on the mathematics exam, with two-thirds of them scoring at the advanced level.

·       The School’s NCLB status is in good standing.  The School has made Adequate Yearly Progress for two successive years.

·       The School’s curriculum is based on Core Knowledge.  Teachers use the McGraw Hill and other texts as a means of delivering the Core Knowledge curriculum.  McGraw-Hill is used for reading and mathematics, and Pearson Learning is used for social studies.

·       The School subscribes to the New York City Writing Project through the Institute for Literacy Services of Lehman College to provide guidance and direction to classroom teachers and students regarding the writing process.  The Charter Schools Institute (CSI) reports that at ICS there is a heavy emphasis on mechanics and teachers have not yet developed a more robust understanding of the writing process.

·       The School has had significant turnover in staff.  At the time of the CSI’s renewal visit, over 80 percent of the teachers had been at ICS for fewer than two prior years, and 55 percent had been there for one year or less.

·       The School has benefited from consistent leadership at the principal and school Board levels.  ICS has had the same principal since it opened in 2001, and the Board is comprised of the School’s founding Trustees.

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       Actual revenues have exceeded budgeted revenues in each year and the School’s actual revenues have also exceeded actual expenses in each year.

·       The projected fiscal impact for the years 2006-07 through 2010-11 is shown in Attachment 1. 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.

·       See Attachment 1 for Change in Net Assets.

·       The School completed FY 2005 in stable financial condition.  The School has maintained positive fund balances and adequate cash flow.  The support of the Foundation for a Greater Opportunity adds to the fiscal stability of the School.

·       The School has established a track record of meeting its financial obligations.

·       The School’s annual audit reports on internal control over financial reporting and compliance with laws, regulations and grants did not disclose any reportable conditions, material weaknesses, or instances of non-compliance.

·       The School has met its financial reporting requirements. The annual financial statements, budget, and quarterly financial reports were filed on time with a few minor exceptions.

·       Finally, SUNY’s renewal report indicates that further fiscal stability is gained by the fact that the New York City Department of Education has agreed to fund two-thirds of the cost of a new facility that will house the School’s upper grades, with the Foundation for a Greater Opportunity funding the remaining cost and leasing the facility to the School upon favorable terms.  There is pending litigation that could impact the availability of such a new facility to the charter school.  Accordingly, it is not being relied upon as a basis for the recommendation made herein. 

 

Evidence of Parent and Student Satisfaction and Community Support

·       Each year parents were asked to participate in a parent survey.  Parental participation in the first year of school operation did not meet the School’s goal of 80 percent satisfaction; however, parental participation and opinion in the second and third year surveys indicated that the School exceeded its goal. Parents have consistently expressed their strong satisfaction with the School, its academic program, and its leader. 

·       During the 2004-05 school year, the average daily attendance was 95 percent of students.  The School has consistently exceeded the performance measure of 90 percent over the life of the charter. 

·       The New York City Chancellor is in support of charter schools and has not opposed the five-year renewal proposed by SUNY.

·       In 2005 – 2006 (Year 5), 88 percent of ICS students were returning students from the previous year.  In Year 4, the re-enrollment rate was 83 percent; Year 3, it was 88 percent; and Year 2 it was 84.5 percent.

·       Strong satisfaction with the School is also indicated by a waiting list of students for each grade level, averaging approximately 40 students for grades one through six and over 200 students for Kindergarten.

 

Summary of Charter Entity’s Findings and Recommendations

 

          The Charter Schools Institute has found that ICS is eligible for a five-year renewal.  The School has posted high scores on the State examinations, surpassed its absolute goal and far outperformed its local community school district and identified comparison schools.  In addition, the School has a high level of parental involvement, ongoing remedial programs, high student attendance rates and a well disciplined school environment.  The School has met its academic goals and has demonstrated that it is a fiscally and organizationally sound entity.

 

Recommendation

 

Staff recommends that the Board of Regents approve the proposed second renewal to the charter and grant an extension to the provisional charter for five years up through and including July 31, 2011.

 

Reasons for Recommendation

 

1) The charter school described in the application meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicants have demonstrated the ability to operate the school in an educationally and fiscally sound manner; and (3) granting the five-year extension 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.

 

 

 

Attachment

 

Attachment 1

 

 

Carl C. Icahn Charter School

Performance on State Assessments*

 

Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	Performance Index
Grade 4 ELA	2003-04	0	30	61	9	170.0
Grade 4 ELA	2004-05	0	14	76	10	189.0
Grade 4 Math	2003-04	0	5.9	61.8	32.4	194.0
Grade 4 Math	2004-05	0	0	34	66	200.0
Grade 4 Science	2003-04	3	12	62	24	184.0
Grade 4 Science	2004-05	0	10	72	17	188.0

* First cohort of fourth graders entered school during 2003-04 school year.

 

 

 

Enrollment Plan of the Renewal of the Charter

for the

Carl C. Icahn Charter School

 

Grades	2006-07	2007-08	2008-09	2009-10	2010-11
K	36	36	36	36	36
1	36	36	36	36	36
2	36	36	36	36	36
3	36	36	36	36	36
4	36	36	36	36	36
5	36	36	36	36	36
6	36	36	36	36	36
7	36	36	36	36	36
8		36	36	36	36
Totals	288	324	324	324	324

 

 

 

Projected Fiscal Impact of the Renewal of the Charter

for the

Carl C. Icahn Charter School*

 

School Year	Number of Students	Projected Payment	Projected Impact
2006-07	288	$2,856,947	.0158%
2007-08	324	$3,358,698	.0181%
2008-09	324	$3,509,840	.0183%
2009-10	324	$3,667,783	.0186%
2010-11	324	$3,832,833	.0189%

* 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 $9,084.

 

 

 

Carl C. Icahn Charter School

Change in Net Assets 2000-01 through 2004-05

 

Year	Change in Net Assets
2000-01	N/A*
2001-02	N/A*
2002-03	$315,346
2003-04	$(41,379)
2004-05	$103,507

*School began operations September 2001.

 

 

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

Name of Proposed Renewed Charter School:  Family Life Academy Charter School (FLACS)

 

Address: 14 West 170^th St., Bronx, NY 10452 

 

Board of Trustees President: Francisco Lugovinia

 

Renewal Period: August 1, 2006 – July 31, 2008

 

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

 

Charter Entity: SUNY Board of Trustees

 

Institutional Partner(s): The Latino Pastoral Action Center (LPAC) holds the lease for classrooms, office facilities and the use of a gymnasium.  LPAC also provides an after-school program at a low cost for FLACS students; summer camp at a low cost for FLACS students; community dinners and events; family festivals; free counseling services; free fatherhood program; free college advisement; free ESL, GED, SAT, dance and music classes for adults and adolescents; free basketball clinics, baseball and football leagues; and free leadership seminars for parents and teens.

 

Management Partner(s):  None

 

Grades Served per Year: K-5 (K-5)                         

 

Projected Enrollment per Year: 290 (290)

 

 

RENEWAL APPLICATION HIGHLIGHTS

 

Evidence of Educational Soundness/Attainment of Educational Objectives

·       For Family Life Academy Charter School’s (“FLACS” or “the School”) performance on State assessments see Attachment 1.

·       In the first four years of its charter, the School met few of the key academic outcomes in English language arts (ELA) and mathematics that it set for itself.  The results are based on limited data, as the School did not administer State examinations until the fourth year of its charter, when it performed far from its absolute goals on the State ELA and mathematics exams.

·       Although the School was not able to outperform District 9 in grade 4 ELA or mathematics, the School did make Adequate Yearly Progress in both subjects in 2004-05 and is a school in good standing under NCLB.

·       During the first four years of the charter, the effectiveness of classroom instruction at FLACS varied, but was generally less effective in Spanish-dominant classes.

·       The School is beginning to demonstrate the effectiveness of its second language learner program, based on a strong performance on the State’s English-as-a-Second Language test.  Over 80 percent of the School’s English Language Learners scored at least the “advanced” level (Level 3) on the New York State English as a Second Language Achievement Test (NYSESLAT).

·       Of the 290 students currently enrolled, 135 are limited English proficient (LEP) students and 28 are classified as students with disabilities.

·       The School has struggled with teacher certification.  The current staff is 63 percent New York State certified and currently out of compliance.  The School has described a plan that includes replacing staff that have not met the appropriate requirements by September 2006.

·       FLACS has had three different principals during the term of its charter.  The current principal has been in place since 2003.

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       The School has no long-term debt and throughout its charter has generated sufficient cash flow from operations to pay ongoing expenses.

·       The projected fiscal impact for the years 2006-07 through 2010-11 is shown in Attachment 1.  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.

·       See Attachment 1 for Change in Net Assets.

·       The School has fixed assets (net of accumulated depreciation and amortization) totaling $712,308 that consist of leasehold improvements, furniture and equipment.

·       The School has had a few significantly late filings: annual financial statements in FY 2002 and 2003 and its quarterly financial reports for the first quarter of FY 2005.

 

Evidence of Parent and Student Satisfaction and Community Support

·       Only approximately 40 percent of the parent population responded to the parent survey each year. Respondents indicate a 90 percent or higher satisfaction rate with the School and its education program. 

·       The 2003-2004 SUNY monitoring report indicated that participants in a parents’ focus group “were enthusiastically satisfied with the opportunity provided for their children” by FLACS.

·       During the student focus group, also mentioned in the 2003-2004 report, participants expressed an enthusiasm for the programs in place at the School.

·       Parents were very satisfied with communication between the School and home.  They are well informed about what is happening at the School, as communication with families was always provided in both English and Spanish.

·       In a focus group of parents conducted during the renewal visit, all parents asserted that there are appropriate and significant communications between the School and parents, often consisting of regular teacher phone calls to parents’ homes. 

·       The New York City Chancellor is in support of charter schools and has not opposed the two-year renewal proposed by SUNY.

·       In 2005–2006, 95.53% of FLACS students were returning students from the previous year.

 

Summary of Charter Entity’s Findings and Recommendations

 

          The Charter Schools Institute found that the there have been notable improvements in the FLACS instructional program, especially in English language arts.  Additionally, the School has refined its English Language Learner instruction over the last two years to provide an effective sheltered English immersion program.  Less firmly established than the ELA program and instruction for English Language Learners is the School’s math program, which was only put in place at the beginning of the current school year, based on the Board’s and director’s analysis of math results on the Terra Nova math test.  The Charter Schools Institute asserts that the School is likely to meet its student achievement goals with the additional time that renewal of the charter for two years would give it.  The program that the School will implement is educationally sound.  At the organizational level, the School is an effective and viable organization and is and will be fiscally sound.  As it proposes to operate during the next charter period, the School will meet the requirements of the Charter Schools Act and other applicable law and will materially further each of the goals set forth in the Charter Schools Act.

 

Recommendation

 

Staff recommends that the Board of Regents approve the proposed second renewal to the charter and grant an extension to the provisional charter for two years up through and including July 31, 2008.

 

Reasons for Recommendation

 

1) The charter school described in the application meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicants have demonstrated the ability to operate the school in an educationally and fiscally sound manner; and (3) granting the two-year extension 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.

 

 

Attachment 1

 

Family Life Academy Charter School

Performance on State Assessments

 

		Percent of Students
Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	Performance Index
Grade 4 ELA	2002-03	N/A	N/A	N/A	N/A	N/A
Grade 4 ELA	2003-04	N/A	N/A	N/A	N/A	N/A
Grade 4 ELA	2004-05	23	40	35	3	116.0
Grade 4 Math	2002-03	N/A	N/A	N/A	N/A	N/A
Grade 4 Math	2003-04	N/A	N/A	N/A	N/A	N/A
Grade 4 Math	2004-05	7	49	44	0	137.0
Grade4 Science	2002-03	N/A	N/A	N/A	N/A	N/A
Grade 4 Science	2003-04	N/A	N/A	N/A	N/A	N/A
Grade 4 Science	2004-05	29	37	39	5	125.0

 

 

Projected Fiscal Impact of the Renewal of the Charter

for the

Family Life Academy Charter School

School Year	Number of Students	Projected Payment*	Projected Impact
2006-07	290	$2,876,787	.0160%
2007-08	290	$3,006,242	.0162%

* 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 $9,084.

 

 

Family Life Academy Charter School

Change in Net assets 2000-01 through 2004-05

 

Year	Change in Net Assets
2000-01	N/A*
2001-02	$394,514
2002-03	$(17,463)
2003-04	$(123,927)
2004-05	$(123,927)

* The charter was granted in January 2001. The School began operation in September 2001.

 

New York State Education Department

 

Summary of Charter School Review

 

Summary of Applicant Information

 

 

Name of Proposed Renewed Charter School: Harlem Day Charter School (HDCS)

 

Address: 240 East 123^rd Street, New York, NY

 

Board of Trustees President:  Benjamin V. Lambert

 

Renewal Period: August 1, 2006 – July 31, 2011

 

District of Location: New York City Community School District 4 /Region 9

 

Charter Entity: SUNY Board of Trustees

 

Institutional Partner(s): None (Sheltering Arms, Inc. is no longer the School’s institutional partner.  In the fall of 2004, HDCS, having established systems of its own, took over the functions offered by Sheltering Arms, Inc.)

 

Management Partner(s): None 

 

Grades Served:  K- 5 (K-5)                  

 

Projected Enrollment:  260 (240)

 

 

RENEWAL APPLICATION HIGHLIGHTS

 

Evidence of Educational Soundness/Attainment of Educational Objectives

·       For Harlem Day Charter School’s (“HDCS” or “the School”) performance on State assessments see Attachment 1.

·       To implement the curriculum that is in alignment with New York State Learning Standards, the School uses Saxon Mathematics. The School has adopted the Urban Education Exchange (UEE) curriculum framework in English language arts (ELA). Core Knowledge is used for the School’s social studies and science programs.

·       In 2004-2005, all third and fourth graders attending the School for at least two years demonstrated proficiency in both ELA and mathematics; HDCS exceeded the measures in its Accountability Plan.

·       In its comparative level of performance on the fourth grade State exams in ELA and mathematics, the School outperformed the Community School District in which it is located by a wide margin.

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

·       In 2003-2004 the School showed substantial gains among the third graders (the only grade with results at the time) and met its value-added measures in both reading and math.

·       In 2004-2005, the School did not meet its value-added measure on the Iowa Test of Basic Skills (ITBS); each cohort of eligible third and fourth graders did not improve their ELA or math skills by an average of three Normal Curve Equivalent (NCE) points per year in national rank.

·       In 2004-2005, the School registered declines in the reading and math tests in both third and fourth grades performance on the ITBS.  To address this issue, the Board redesigned the leadership organizational structure to include an executive director to free the “instructional leaders to do instructional work.” 

·       The Board has created a benefit package to reduce teacher turnover and thereby decrease the number of novice teachers hired each year.

·       CSI found inconsistencies and inadequacies in the School’s implementation of special education services.  A number of corrective measures were immediately carried out, several are currently being implemented and others will commence to ensure that the special education services offered by HDCS meet all federal and State requirements.

·       The School serves approximately 19 students with disabilities and has no students with Section 504 modifications and no English language learners.

·       Due to a constraint in facilities, the School changed its enrollment structure in the first year of its charter.  A class of sixty (versus forty) was enrolled in year two. Therefore, there is an anomaly effect; one cohort has twenty students more than all others. (For the Renewal Enrollment Plan see Attachment 1.)

·       The School has recently hired its fifth principal.  The first principal served for one school year; the second principal served as the Head of School for three years. Following a restructuring in leadership, the Head of School resigned. In the fifth year of its charter, the principal resigned in December; an interim principal was brought in to serve the School beginning in February 2006.  A fifth person will serve the School for the 2006-2007 school year.

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       Over the life of the charter, the Board has provided adequate financial oversight and has posted evidence of making decisions that further the School’s mission, program and goals.

·       The School operates pursuant to a long-range fiscal plan and has produced realistic budgets over the term of the charter.

·       A review of a sample of Board minutes noted evidence that the Board regularly discussed the School budget and facility issues.

·       The School has benefited from a solid Board that has had limited turnover.

·       Actual revenues have exceeded budgeted revenues in each year and the School’s actual revenues have also exceeded actual expenses in each year. 

·       The School has generally met its financial reporting requirements with two major exceptions; the annual audit for FY 2004 and 2005 were both filed significantly late. The School’s audits for FY’s 2002 through 2004 did not include separate reports on internal control over financial reporting and on compliance in accordance with Government Auditing Standards.

·       The School has been an effective fundraiser and has received significant philanthropic support (an average of $2 million in private grants and contributions per year, ranging between $1.3 and $2.5 million).

·       Throughout its charter, the School has generated sufficient cash flow from operations to pay for ongoing expenses.

·       The School has no long-term debt and has not required interim or line-of-credit financing.

·       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 (see Attachment 1).

·       In 2005, spending per student was equal to $14,062.

·       See Attachment 1 for change in net assets.

 

Evidence of Parent and Student Satisfaction and Community Support

·       The School has sustained a waiting list since the opening of the 2003-2004 school year.  The wait list represented 35 percent of the student population, higher than the target 15 percent.

·       The average daily attendance rate was 95 percent for the 2003-2004 school year, exceeding the School’s goal of 92 percent. 

·       According to school records, over 90 percent of students re-enrolled for the 2003-2004 academic year.

·       The results from the annual parent survey demonstrate a pattern of high satisfaction within a low participation rate.  The average percentage of parental satisfaction is equal to 88 percent, but the percentage of survey participation has amounted to about 32 percent.

·       The School has a functioning Parent-Teacher Association.

 

Summary of Charter Entity’s Findings and Recommendations

 

 Internal controls, Board minutes and other documentation, as well as responses to interview questions by board members and School personnel, demonstrate the School is in general and substantial compliance with the Charter Schools Act, applicable provisions of the New York Education Law and other New York law,  applicable federal law, its bylaws and provisions of its charter. Exceptions were found in the following areas:  provision of special education and alternative instruction; fingerprint supported background checks; Freedom of Information Law and Open Meetings Law compliance; and certain School policies and procedures. CSI indicates that a number of corrective measures have been carried out, several are currently being implemented and others will commence to ensure that the services offered by HDCS meet all federal and State requirements as well as the highest quality standards for special education programming.  In sum, CSI states, “The School’s academic success combined with the Board leadership suggests HDCS has the support and resources in place to weather its challenges over the long term.” CSI finds that the School is an educationally and fiscally sound organization, is likely to continue to improve student learning and achievement, will be operated in a manner that is consistent with the requirements of the Charter Schools Act and applicable law, and will materially further the purposes of the Charter Schools Act.

 

The Charter Schools Institute and the State University of New York Board of Trustees recommends that the second renewal charter for the Harlem Day Charter School be approved for a full term of five years with authority to provide instruction to students in Kindergarten through fifth grade with an enrollment of 260 students in the first two years of the charter period and 240 students for the remaining three years of the charter, subject to the applicable terms of the renewal application and subject to the following condition:

 

o                The School agrees to submit its completed annual audit report by December 1 in each year of the charter and further agrees that a failure to do so would constitute a material and significant violation of the charter and be grounds sufficient to place the school on probation or terminate the charter pursuant to section 2855 of the Education Law.

 

Recommendation

 

Staff recommends that the Board of Regents approve the proposed second renewal to the charter and grant an extension to the provisional charter for five years up through and including July 31, 2011.

 

Reasons for Recommendation

 

1) The charter school described in the application meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicants have demonstrated the ability to operate the school in an educationally and fiscally sound manner; and (3) granting the five-year extension 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.

 

Attachment 1

 

Harlem Day Charter School

Performance on State Assessments*

 

Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	Performance Index
Grade 4 ELA	2004-05	0	0	65.5	34.5	200.0
Grade 4 Math	2004-05	N/A	6%	61%	33%	194.0
Grade 4 Science	2004-05	0%	6%	44%	50%	194.0

*First cohort of fourth graders entered during 2004-05 school year.

 

 

Harlem Day Charter School

Performance on City Assessments*

 

Assessment	Year	% Level 1	% Level 2	% Level 3	% Level 4	Performance Index
Grade 3 ELA	2003-04	0	37.5	37.5	25	163
Grade 3 ELA	2004-05	0	2.5	30.8	66.7	198
Grade 3 Math	2003-04	0	37.5	37.5	25	163
Grade 3 Math	2004-05	0	0	52	48	200

* First cohort of third graders entered during 2003-04 school year.

 

 

Enrollment Plan of the Renewal of the Charter

 For the

Harlem Day Charter School

 

Grades	2006-07	2007-08	2008-09	2009-10	2010-11
K	40	40	40	40	40
1	40	40	40	40	40
2	40	40	40	40	40
3	40	40	40	40	40
4	60	40	40	40	40
5	40	60	40	40	40
Totals	260	260	240	240	240

 

 

 

Projected Fiscal Impact of the Renewal of the Charter

for the

Harlem Day Charter School

 

School Year	Number of Students	Projected Payment	Projected Impact
2006-07	260	$2,579,188	0.0143%
2007-08	260	$2,695,252	0.0145%
2008-09	240	$2,599,881	0.0136%
2009-10	240	$2,716,876	0.0138%
2010-11	240	$2,839,135	0.0140%

* 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 $9,084.

 

 

 

 

Harlem Day Charter School

Change in Net assets 2001-02 through 2004-05

Year	Change in Net Assets
2001-02	$2,180,294
2002-03	$954,735
2003-04	$575,755
2004-05	$1,738,591

 

New York State Education Department

 

Summary of Charter School Renewal Information

 

Summary of Applicant Information

 

 

Name of Proposed Renewed Charter School: Sisulu–Walker Charter School of Harlem (Sisulu)

 

Address: 125 West 115^th Street, New York, NY 10026

 

Board of Trustees President: William A. Allen

 

Renewal Period: August 9, 2006- August 8, 2011

 

District of Location: New York City Community School District 5/Region 10                  

 

Charter Entity: SUNY Board of Trustees

 

Institutional Partner(s): None

 

Management Partner(s):  Victory Schools, Inc. (Victory) will continue to serve as the School’s educational management organization.  Victory presently manages 14 charter schools; seven of these charter schools are located in New York and seven are located in Philadelphia. Victory anticipates serving approximately 2,300 New York students in the 2006-2007 school year.  At the School’s opening in 1999, Victory began working with the Sisulu-Walker Charter School of Harlem. Victory also works with the following charter schools in New York:  Merrick-Academy Queens Public Charter School (2000), Roosevelt Children’s Academy Charter School (2000), Grand Concourse Academy Charter School (2004), Peninsula Preparatory Academy Charter School (2004), Charter School of Educational Excellence (2004), and South Bronx Charter School for International Cultures and Arts (2005).  See Attachment 1 for performance on State assessments for schools for which Victory Schools, Inc. is the educational management organization.

 

Grades Served per Year: K-3 (K-5)                         

 

Projected Enrollment per Year: 262 (262)

 

 

RENEWAL APPLICATION HIGHLIGHTS

 

Evidence of Educational Soundness/ Attainment of Educational Objectives

·       For Sisulu–Walker Charter School of Harlem’s (“Sisulu” or “the School”)  performance on State assessments see Attachment 1.

·       The School is on par or exceeding its local community school district performance on the State English Language Arts (ELA) assessment, while the percentage of students at Levels 3 and 4 on State mathematics assessment was six percentage points higher.

·       The School has met the ELA State standard in the 2003-2004 and 2004-2005 school years. 

·       The School has not achieved its goal of 75 percent of its grade 4 students performing at Levels 3 or 4 in ELA; 60 percent of the School’s students are at or above proficiency.

·       The School has achieved its goal of 75 percent of its grade 4 students performing at Levels 3 or 4 in mathematics; 89 percent of the School’s students are at or above proficiency.  In 2004-2005, no students were at Level 1.

·       In 2004-2005, 82.4 percent of the School’s grade 4 students were at or above proficiency in science.

·       In 2004-2005, 81 percent of the School’s grade 4 students were at or above proficiency in social studies.

·       Sisulu remains a small school, though average classes have 29 students.

·       The School instituted a program of professional development for its instructional staff to support struggling teachers through regular in-classroom engagement and in monthly staff-wide training sessions.

·       The Charter Schools Institute (CSI) reports and SED visits confirm that the School has an established orderly and safe environment for students and staff.

·       CSI states  it “will work with the School to bring it into full compliance with the background check provisions.”  CSI has placed the School on a corrective plan to ensure that only staff members who are familiar with the medical histories and allergies of students dispense medication. 

·       The policy provisions regarding alternate instruction were insufficient at the time of the SUNY renewal. SED will monitor the School to ensure the School is in full compliance with its provision of alternate instruction.

 

Evidence of Fiscal Soundness/Projected Fiscal Impact

·       CSI states, “The most important factor contributing to the school’s current financial stability was the forgiveness of $3 million in debt in September 2003 by its management partner.  In addition, Victory has been donating its management services since that time. The value of donated management services totaled $518,479 in FY 2005.  The combination of debt forgiveness and donated services has allowed the school to right itself financially and establish a solid foundation for the future.”

·       The School projects “a very sound financial position, including a positive annual net surplus.”  The School’s fund balance is projected to exceed $600,000 by the end of the 2010 fiscal period.

·       In the spring of 2005, the School was awarded a Reading First grant that totaled over $1 million for a three-year period.

·       Commencing with the 2004-05 school year, Sisulu consolidated all operations into a single, small facility. 

·       The limited size of the space remains a concern. The School’s Board and Victory continue to look for more adequate space for the School.

·       The School has submitted two enrollment plans (see Attachment 1) for this renewal period.

• Enrollment plan one projects that student enrollment will remain constant, serving 262 students throughout the next charter period.  This plan entails the School adding a classroom to its current facility and remaining there for the duration of the renewed charter period. 
• Enrollment plan two would entail adding a classroom for the 2006-07 school year and then moving to New York City Department of Education space for the duration of the new charter period. 

·       CSI based its renewal recommendation on enrollment plan one given plan two is considered less likely due to limited availability of public school space in Harlem.

·       The potential fiscal impact upon the District is provided in Attachment 1.  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.

·       See Attachment 1 for change in net assets.

·       The 2004-2005 Annual Report indicates that the School’s total revenue for the FY was $2,304,088 and total expenditures were $2,151,284.

·       CSI reports the School is not using the budget to its full potential; and indicates that budget adjustments would improve the effectiveness of the School’s budget monitoring by making budget to actual comparisons more meaningful and ensuring that funds are available before expenditure.

 

Evidence of Parent and Student Satisfaction and Community Support

·       The 2004-2005 parent survey was distributed to 215 parents and returned by 91 parents equaling a 42 percent response rate.  In 2004-2005, 93 percent of those who returned surveys were “Satisfied” or “Very Satisfied” with the School. Beginning in 2005-2006, the School states it is exploring ways to improve its survey response rate.

·       The School states that it encourages parent involvement in the School through its parent association and parent workshops.

·       The parent-teacher organization president holds a seat on the School’s Board of Trustees as a voting member.

·       The School reports that there are 159 students on its waiting list for the 2005-2006 school year.  The School reports that the number of students on the waiting list has increased without commercial advertising. Rather, the School recruits students via word-of-mouth and flyers distributed in the neighborhood.

·       One-third of the School’s Board members have been involved with the School since its inception.

 

Summary of Charter Entity’s Findings and Recommendations

 

CSI found that the School has met eight of the nine academic goals in its Accountability Plan.  In the last year of its initial charter and the first year of its first renewal charter (2003-2004 and 2004-2005 respectively), Sisulu met or made consistent and meaningful progress toward meeting all of the key outcome measures in ELA and math that it had set for itself in its Accountability Plan.  Over these two years, Sisulu has exceeded its measure of absolute level of performance on the State’s fourth grade mathematics examination.  Since the School first administered the State’s fourth grade ELA exam, it has shown almost double digit increases each year and came close to meeting the measure in its Accountability Plan in the most recent year.  CSI reports that the School has used its Reading First grant to better define its curricular choices.  In the last two years, Sisulu has outperformed on these State examinations all of its comparison schools as well as the community school district in which most of its students reside. 

 

In 2004, the School was granted a two-year renewal to allow it to stabilize its teaching staff and instructional delivery, and allow it to gather and report additional evidence that the School would continue to build a record of improving student learning and achievement.  At the end of the two-year renewal, the Charter Schools Institute and the State University Board of Trustees recommend that the renewal application for the Sisulu-Walker Charter School of Harlem be approved for a full term of five years, granting the School the authority to provide instruction to students in Kindergarten through fifth grades, with a maximum enrollment of 262 students.

 

Recommendation

 

Staff recommends that the Board of Regents approve the proposed second renewal to the charter and grant an extension to the provisional charter for five years up through and including August 8, 2011.

 

Reasons for Recommendation

 

1) The charter school described in the application meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicants have demonstrated the ability to operate the school in an educationally and fiscally sound manner; and (3) granting the five-year extension 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.

 

Attachment 1

 

Sisulu-Walker Charter School of Harlem

Performance on State Assessments

Assessment	Year	Number Tested	% Level 1	% Level 2	% Level 3	% Level 4	Performance Index
Grade 4 ELA	2002	23	17.4	60.9	21.7	0	104.3
Grade 4 ELA	2003	70	21.4	42.9	31.4	4.2	114.3
Grade 4 ELA	2004	86	4.7	40.7	43.0	11.6	150.0
Grade 4 ELA	2005	66	2	36	56	6	160.0
Grade 4 Math	2002	22	50	45.4	4.5	0	54.5
Grade 4 Math	2003	69	18.9	40.6	36.2	4.3	121.7
Grade 4 Math	2004	83	1	10	35	54	188.0
Grade 4 Math	2005	63	0	11	52	37	189.0
Grade 4 Science	2004	83	2	12	33	53	184.0
Grade 4 Science	2005	60	5	8	62	25	182.0

 

 

Performance on State Assessments for Schools for which Victory, Inc. is the Educational Management Organization:

 

Merrick Children’s Academy Charter School

Performance on State Assessments

 

Assessment	Year	Number Tested	% Level 1	% Level 2	% Level 3	% Level 4	Performance Index
Grade 4 ELA	2003	42	6	28	57.1	9.5	159.5
Grade 4 ELA	2004	66	6	38	47	9	150.0
Grade 4 ELA	2005	72	6	24	51	19	164.0
Grade 4 Math	2003	48	5	40.5	52.4	4.8	154.8
Grade 4 Math	2004	65	5	29	51	15	161.0
Grade 4 Math	2005	71	8	17	49	25	165.0
Grade 4 Science	2004	65	5	14	58	23	176.0
Grade 4 Science	2005	71	7	18	49	25	166.0

 

 

 

Roosevelt Children’s Academy Charter School

Performance on State Assessments*

 

Assessment	Year	Number Tested	% Level 1	%  Level 2	%  Level 3	%  Level 4	Performance Index
Grade 4 ELA	2003	25	4	36	32	28.0	156.0
Grade 4 ELA	2004	47	0	13	68	19	187.0
Grade 4 ELA	2005	71	0	13	68	20	199.0
Grade 4 Math	2003	25	4	28	68	0.0	154.0
Grade 4 Math	2004	50	0	18	70	12	182.0
Grade 4 Math	2005	73	0	8	56	36	192
Grade 4 Science	2004	49	0	2	33	65	198.0
Grade 4 Science	2005	71	0	0	24	76	200.0

*Scores for 2002 and 2003 test administrations are based on students continuously enrolled. 2004 results are based on all students tested.  Grade 4 ELA results for 2004 have been revised from those issued earlier this year to reflect correction of a scoring error in the previously released results.

 

 

Enrollment Plan One of the Renewal of the Charter

 for the

Sisulu-Walker Charter School of Harlem

Grades	2006-07	2007-08	2008-09	2009-10	2010-11
K	3			1	1
1	2	3			1
2	2	2	3	1	1
3	2	2	2	3	1
4		2	2	2	3
5			2	2	2
Totals Classes	9	9	9	9	9
Budgeted Enrollment	262	262	262	262	262

 

Projected Fiscal Impact of the Renewal of the Charter

for the

Sisulu-Walker Charter School of Harlem

 

School Year	Number of Students	Projected Payment	Projected Impact
2006-07	262	$2,599,028	.0144%
2007-08	262	$2,715,985	.0146%
2008-09	262	$2,838,204	.0148%
2009-10	262	$2,965,923	.0150%
2010-11	262	$3,099,390	.0153%

* 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 $9,084. 

 

 

 

 

Sisulu-Walker Charter School of Harlem

Change in Net Assets 2000-01 through 2004-05

 

Year	Change in Net Assets
2000-01	$(953,339)
2001-02	$(667,205)
2002-03	$(691,450)
2003-04	$2,911,052
2004-05	$138,714