SUMMARY

Issue for Decision

Should the Regents approve the staff’s recommendations concerning the proposed second renewal to the charter for Brooklyn Excelsior Charter School (New York City)?

Reason(s) for Consideration

              Required by State statute, Education Law §2852.

Proposed Handling

This question will come before the EMSC Committee in July 2008 for action.  It will then come before the full Board for final action in July 2008.

Procedural History

              The New York Charter Schools Act of 1998 requires the Board of Regents to review, in accordance with the standards set forth in Education Law §2852(2), proposed charters, renewal charters and revisions to charters and renewal charters that have been approved and submitted by other charter entities. The Board of Regents may either approve and issue a charter, renewal charter and/or revision as proposed by the charter entity, or return the same to the charter entity for reconsideration with written comments and recommendations. 

Background Information

We received a request from the Trustees of the State University of New York (“SUNY”) to approve and issue a second renewal charter for the Brooklyn Excelsior Charter School (BECS or “the School”).    The initial five-year charter was issued by the Board of Regents on March 19, 2002.  The School submitted a first renewal in March 2007, for an extension to July 31, 2008, which the Board of Regents voted to approve.  SUNY has requested that the charter be renewed for five years, commencing on August 1, 2008. 

Staff recommends that the Board of Regents approves and issues a second renewal charter to the Brooklyn Excelsior Charter School as proposed by the Trustees of the State University of New York, and extend its provisional charter for a term of five years, commencing on August 1, 2008, and running up through and including July 31, 2013.

Recommendation

              VOTED:  That the Board of Regents approves and issues the second renewal charter of the Brooklyn Excelsior Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2013.

Reasons for Recommendation

              (1) The charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the charter school has demonstrated the ability to operate in an educationally and fiscally sound manner; and (3) approving the proposed renewal 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. 

Timetable for Implementation

The Regents action for the Brooklyn Excelsior Charter School will be effective on August 1, 2008.

New York State Education Department

Summary of Charter School Renewal Information

Summary of Applicant Information

Name of Proposed Renewed Charter School: Brooklyn Excelsior Charter School (BECS or “the School”)

Address: 856 Quincy Avenue, Brooklyn, New York 11221

Board of Trustees President:  Kay Madati

Renewal Period:  August 1, 2008 – July 31, 2013

District of Location:  New York City Community School District 16, Brooklyn

Charter Entity: SUNY Board of Trustees

Institutional Partner(s):  N/A

Management Partner(s): National Heritage Academies, Inc.

Grades Served: K-8

Projected Enrollment:  704

Renewal Application Highlights

Evidence of Educational Soundness/ Attainment of Educational Objectives

• The student achievement results for Brooklyn Excelsior Charter School are shown in Table 1 and 2.
• For 2006-2007, the School served 94 percent low income students; and 5 percent special education students.
• For 2006-2007, the School did not serve any limited English proficiency students.
• The School’s aggregate Performance Index (PI) on the State ELA and mathematics exams met the Annual Measurable Objective (AMO) set forth in the NYS accountability system.
• The School scored higher than its district of location in the ELA and mathematics exams.  See Table 3.
• The School has been deemed “In Good Standing” under New York State’s Accountability System.
• In 2006-2007, the School failed to meets its goal that, “each year, seventy-five percent of third through eighth graders who are enrolled in at least their second year will perform at or above Level 3 on the New York State testing program (NYSTP) ELA Assessment.”
• In 2006-2007, 57 percent of students enrolled in at least their second year performed at or above Level 3 on the NYSTP ELA Assessment.
• For students scoring at Levels 1 and 2 on the State ELA test, the School will use, “the Open Court Re-teach and Intervention components and the Continental Press ELA Skills Practice materials, programs designed to increase fluency, vocabulary, comprehension skills, and test sophistication techniques.”
• The School assures that, “reading will be taught in the content areas of science and social studies in grades K-8.  The FOSS/Delta kits include science readers and the Scott Foresman Social Studies program contains leveled readers to help build prior knowledge.”
• In 2006-2007, the School met its goal that, “each year, seventy-five percent of third through eighth graders who are enrolled in at least their second year will perform at or above Level 3 on the New York State testing program (NYSTP) Math Assessment.”
• In 2006-2007, 83 percent of students enrolled in at least their second year performed at or above Level 3 on the NYSTP Math Assessment.
• The instructional team of the School identified an area for instructional improvement based on the results of student examinations.  The team has developed a plan to increase writing competency with particular emphasis on literary response and expression.
• Over the last two years, average daily attendance at the School has exceeded 93 percent.
• The teacher retention rate for the 2006-2007 school year was 88 percent.  The School has had four principals since opening in 2004.  The current school leader was hired at the beginning of the 2006-2007 school year.

Table 1*

2007-2008

Grades 3-8 State ELA and Math Assessments

Percent of BECS Students at Levels 1 – 4

* Due to statistical rounding, percentages may exceed 100.

Table 2

2006-2007

Grades 3-7 State ELA and Math Assessments

Percent of BECS Students at Levels 1 – 4

Table 3

2006-2007 and 2007-2008

Grades 3-7 and 3-8 State ELA and Math Assessments

Percent of BECS and District 16 Students at Proficiency Level

Evidence of Fiscal Soundness/Projected Fiscal Impact

• The School has had a positive fund balance in each year of the charter.
• The School has no long-term debt and leases its facility from National Heritage Academies, Inc. 
• The School shows a positive change in its net assets for 2006-2007.  See Attachment 2.
• 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 every day 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.

Projected Fiscal Impact of the

Brooklyn Excelsior Charter School

(New York City – CSD 16 – Brooklyn)

2008-09 through 2012-13

*Assumes a 3 percent annual increase in the District’s budget from the base of $20.12 billion in 2007-2008; and a 4.5 percent annual increase in the average expense per pupil per year from the 2007-2008 rate of $11,023.

Evidence of Parent and Student Satisfaction and Community Support

• A public hearing to solicit comments from the community in connection with the charter school’s proposed renewal was conducted by the New York City Department of Education on April 14, 2008.  No public comments were made or received. 
• In the fall of 2006, 78 percent re-enrolled from the prior year.  In 2005, the re-enrollment percentage was 82 percent.
• The waiting list to enroll in the School has over 1,000 students.
• Eighty-four percent of parents surveyed expressed satisfaction with the School.  The School’s survey response rate in 2007 was only 41 percent.  In 2006, the response rate was 61 percent and 93 percent of respondents were satisfied with the School. 

ATTACHMENT 1

Attachment 1

Performance on ELA and Math State Assessments by all Charter Schools

in New York State Managed by National Heritage Academies, Inc.

ATTACHMENT 2

Attachment 2

Brooklyn Excelsior Charter School

Change in Net Assets for 2006-07*

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