SUMMARY

Issue for Decision

Should the Regents approve the staff’s recommendation concerning the proposed second renewal charter for the Buffalo United Charter School (Buffalo)? 

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 have received a request from the Board of Trustees of the State University of New York (“SUNY”) to approve and issue a second renewal charter for the Buffalo United Charter School (“the School”).   The Buffalo City School District held the required public hearing on this proposed second renewal charter on May 14, 2008.  There were no comments. 

The School’s initial charter was granted by the Board of Regents on September 13, 2002, for a term of five years.  After taking an initial planning year, the School began operation in the 2003-04 school year, serving 234 students in grades K-4.  The School has added one grade each year and now serves 602 students in grades K-8.  During the initial charter term, the School was placed on probation during the period from September, 2005 to December, 2006 for a lack of proper clearances.  The School’s first renewal was granted on May 22, 2007 for a term ending on July 31, 2008.

During the review process, New York State Education Department (“SED”) staff sent letters to SUNY on June 13 and June 27, 2008. A general concern raised by staff was the inability to ascertain what aspects of the School’s educational program had changed, if any, since the School’s first renewal. In addition, staff requested additional specific information related to the School’s educational programs and budget.   Information was also requested related to clarification of curriculum and alignment with all 28 New York State Learning Standards; the provision of programs and services to serve students with limited English proficiency and students with disabilities; and a breakdown of major expenditure categories.  The response was considered by staff to be inadequate. 

Staff recommend that the Board of Regents return the proposed second renewal charter to SUNY.

Recommendation

VOTED:  That the Board of Regents return the proposed second renewal charter of the Buffalo United Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  That the proposed second renewal charter be resubmitted to the Regents for consideration after (a) information regarding all provisions of the School’s proposed second renewal charter (including its educational program) that have been changed, if any, since its first renewal charter be provided, (b) a curriculum to address and be aligned with all 28 New York State Learning Standards and include core curricula at each grade level be provided; (c) that a plan for serving English language learners be provided, (d) that  a plan for serving students with disabilities be provided, and (e) a breakdown of major expenditure categories be provided.

Timetable for Implementation

The Regents action for the Buffalo United Charter School is effective immediately.

New York State Education Department

Summary of Charter School Renewal Information

Summary of Applicant Information

Name of Proposed Renewed Charter School:  Buffalo United Charter School

Address:   325 Manhattan Avenue, Buffalo, New York 14214

Board of Trustees President:  Diane Rowe

Requested Renewal Period:  August 1, 2008 – July 31, 2011

District of Location: Buffalo                                     

Charter Entity:  SUNY Trustees

Institutional Partner(s): None

Management Partner(s):  National Heritage Academies

Grades Served per Year:    K – 8                                              

Projected Enrollment per Year:  630 to 650

Renewal Application Highlights

Evidence of Educational Soundness/ Attainment of Educational Objectives

• The School meets or has come close to meeting the English Language Arts, mathematics, science and social studies goals in its Accountability Plan over the term of its charter.
• The School has a system in place to gather assessment data from multiple sources and disseminate it among its teachers for use in making school-wide changes to its academic program.
• The School’s leadership team, in partnership with the School’s Board of Trustees and management partner, has identified a set of school priorities, and has taken action in line with them. The School has implemented various supports for at risk students, including ability-grouped mathematics and reading instruction, adding paraprofessionals to the classrooms, and use of new programs targeted to that population of students.
• The School is deemed to have been in good standing under the state’s NCLB accountability system and has made adequate yearly progress.

Buffalo United Charter School

Grades 3-8 ELA Assessments

Percent of Students Scoring at Levels 1-4

                                2004-05 to 2006-07

                                                        Grades 3-8 Math Assessments

Percent of Students Scoring at Levels 1-4

2004-05 to 2006-07

Evidence of Fiscal Soundness/Projected Fiscal Impact

• The School has operated pursuant to a long range financial plan.

• The School has maintained appropriate internal controls and procedures.
• The School has created realistic budgets that are monitored and adjusted when appropriate; however, a breakdown of major expenditure categories would clarify how closely the budget complements the five-year forecast.

• Annual audits conducted by an outside firm found no matters that were considered to be material weaknesses or instances of noncompliance.

Projected* Fiscal Impact of the Buffalo United Charter School

2008-09 Through 2010-11

*Assumes a 3.0 percent annual increase in the district’s budget and a 4.5 percent annual increase in the average expense per pupil.  Projections are subject to fluctuation in actual enrollments, FTE enrollments, AOE, and district budgets.  Further assumes all students will come from the district of location.

Projected* Fiscal Impact Of All Charter Schools In Buffalo

2008-09 Through 2012-13

*Assumes a 3.0 percent annual increase in the district’s budget and a 4.5 percent annual increase in the average expense per pupil.  Projections are subject to fluctuation in actual enrollments, FTE enrollments, AOE, and district budgets.  Further assumes all students will come from the district of location, and that all other charter schools will still be in operation from 2008-09 forward.

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

Evidence of Parent and Student Satisfaction and Community Support

• Results of an annual parent satisfaction survey indicate that of those parents who completed a survey (50% or less of all parents) are very satisfied, with at least 90% reporting overall satisfaction with the School.
• The School has hired an admissions specialist to grow enrollment levels.
• Parents who participated in a renewal focus group expressed overwhelmingly positive feedback regarding the School, especially as to how welcome they felt, how they felt they were part of their children’s education, and the level of direct contact with teachers.

• The required hearing was held on May 14, 2008 by the Board of Education of the City School District of the City of Buffalo.  There were no comments.