SUMMARY

Issue for Decision

Should the Regents approve the staff’s recommendation concerning the proposed second renewal charter for the Harlem Village Academy 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 Harlem Village Academy Charter School (HVACS or “the School”).  The School (formerly the East Harlem Village Academy Charter School) is located in Community School District (CSD) 5, in Harlem in New York City.  The initial five-year charter was issued by the Board of Regents on September 13, 2002. The School opened for instruction in the fall of 2003. SUNY submitted a first renewal application for HVACS in May 2007, for an extension to July 31, 2008, which the Board of Regents voted to approve. The School currently serves 236 students in grades five through nine.  SUNY has requested that the charter be renewed for five years, commencing on August 1, 2008. 

Pursuant to Education Law §2857(1), prior to the issuance, revision or renewal of a charter, the school district in which the charter school is located is required to hold a public hearing in the community potentially impacted by the charter school to solicit comments from the community.  A public hearing addressing the second renewal to the School’s charter was not held.  Also, the second renewal application proposes to provide instruction to students in grades 5 through 12 with a maximum projected enrollment of 351 students by adding grades 10 through 12 to the School.  However, the renewal application did not provide a curriculum for grades 11 and 12, which the school proposes to serve during its second renewal period.  Further, the second renewal application proposes that HVACS, in collaboration with Leadership Village Academy Charter School (LVACS), serve students in grades 9-11 in 2009-2010, and grades 9-12 beginning with the 2010-2011 school year.  At this time, Leadership Village Academy Charter School has not yet applied for a revision to its charter, nor has the SUNY Board of Trustees fully approved the plan to co-locate the schools. 

During the review process, New York State Education Department staff sent a letter to SUNY on July 11, 2008.  A general concern raised by staff was the inability to ascertain what aspects of the school’s programs and policies, including the educational program, had changed, if any, since the school’s first renewal.  The response sent on July 18, 2008 was considered by staff to be inadequate.

              Staff recommends the Board of Regents returns the proposed second renewal charter for the Harlem Village Academy Charter School to the Trustees of the State University of New York (SUNY).

Recommendation

              VOTED:  That the Board of Regents returns the proposed second renewal charter of the Harlem Village Academy Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: (1) that the proposed renewal charter be resubmitted to the Regents for consideration after a public hearing has been held and any comments raised at this hearing have been considered; (2) that information regarding all provisions of the school’s second renewal charter (including its educational program) that have been changed, if any, since its first renewal charter be provided; (3) that the school must demonstrate that the curriculum for grades 11 and 12 addresses and is aligned with New York State learning standards; (4) that the proposal to co-locate the Harlem Village Academy Charter School and Leadership Village Academy Charter School be fully approved by the Trustees of the State University of New York; and (5) that a proposed revision to the charter of Leadership Village Academy Charter School proposing such co-location be simultaneously presented with the resubmitted proposed second renewal charter for the Harlem Village Academy Charter School.

Timetable for Implementation

The Regents action for the Harlem Village Academy 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: Harlem Village Academy Charter School (HVACS or “the School”)

Address: 244 West 144th Street, 4th Floor, New York, NY   10030 (Grades 5-8)

                    509 West 129th Street, New York, NY  10038 (Grade 9)

Board of Trustees President:  James Thompson

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

District of Location:  New York City Community School District 5, Manhattan

Charter Entity:  SUNY Board of Trustees

Institutional Partner(s):  N/A

Management Partner(s): Village Academies Network

Grades Served:                       2008-2009: 5-10

2009-2010: 5-11

2010-2013: 5-12

Projected Enrollment:         2008-2009: 276

2009-2010: 308

2010-2011: 340

2011-2012: 344

2012-2013: 351

Renewal Application Highlights

Evidence of Educational Soundness/ Attainment of Educational Objectives

• The student achievement results for Harlem Village Academy Charter School are shown in Table 1 and 2.
• For 2006-2007, the School served 71 percent low income students; and 9 percent special education students.
• For 2006-2007, the School did not serve any limited English proficiency students. 
• The School’s aggregate Performance Index (PI) for 2006-2007 on the State ELA (154) and mathematics (183) exams met the Annual Measurable Objective (AMO) set forth in the NYS accountability system.
• The School has been deemed “In Good Standing” under New York State’s Accountability System for 2006-2007.
• In 2006-2007, the School failed to meets its goal that, “By the fifth year of the charter, 75 percent of seventh and eighth graders who have been enrolled in the school for two or more years will score proficient (i.e. at level three) on the New York State English language arts (ELA) assessment.”
• In 2006-2007, 50 percent of seventh graders and 54 percent of eighth graders enrolled in at least their second year performed at or above Level 3 on the ELA assessment.  All students in both grades scored at least Level 2.
• In 2006-2007, the School exceeded its goal that, “By the fifth year of the charter, 75 percent of seventh and eighth graders who have been enrolled in the school for two or more years will score proficient (i.e. at level three) on the New York State math assessment.  One hundred percent of the students scored at Level 3 or Level 4.
• In 2007-2008, 68 percent of HVACS students in grades five through eight scored at the proficient level in NYS ELA exams, compared to 56 percent of CSD 5 students.  Eighty-nine percent of HVACS students scored at the proficient level in NYS math exams, compared to 58 percent of the students from CSD 5.  See Table 3.
• The second renewal application proposes to provide instruction to students in grades 5 through 12 with a maximum projected enrollment of 351 students by adding grades 10 through 12 to the current school. 
• The renewal application did not provide a proposed curriculum for grades 11 and 12.
• The School and LVACS propose to share staff.
• The teacher retention rate for 2006-2007 was 88 percent.  The School leader has remained the same throughout the initial charter and first renewal period.  One of the founding teachers currently serves as the high school principal; he also served as the middle school principal through 2006-2007.

Table 1

2007-2008

Grades 5-8 State ELA and Math Assessments

Percent of HVACS Students at Levels 1 – 4

Table 2

2006-2007

Grades 5-8 State ELA and Math Assessments

Percent of HVACS Students at Levels 1 – 4

Table 3

2006-2007 and 2007-2008

Grades 5-8 State ELA and Math Assessments

Percent of HVACS and CSD 5 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.
• HVACS grades five through eight will remain at the present site on 144th Street.  In 2007-08, the ninth grade was housed at the 129th Street location.  The proposed high school will be housed at 413 East 120th Street on the fifth floor beginning in 2008-2009 until construction of the high school’s permanent location is completed.
• Village Academies Network has received a commitment from New York City to lease space for the high school which the School expects to occupy by 2010-2011. 
• The School shows a positive change in its net assets for 2006-2007.  See Attachment I.
• 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

Harlem Village Academy Charter School

(New York City – CSD 5 – Manhattan)

2008-2009 through 2012-2013

*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

• No public hearing to solicit comments from the community in connection with the charter school’s proposed renewal has been conducted by the New York City Department of Education.  
• In the fall of 2006, 68 percent of all students re-enrolled at HVACS.  In 2007, the re-enrollment percentage was 82 percent.
• The waiting list to enroll in the School has over 350 students.
• In June 2007, 99 percent of parents expressed satisfaction with the School with a response rate of 40 percent.  In December 2007, the response rate was 60 percent with 97 percent of parents expressing satisfaction.  In May 2006, the response rate was 87 percent and 87 percent of respondents were satisfied with the School. 

Attachment 1

Harlem Village Academy Charter School

Change in Net Assets for 2006-07*

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