0207emscvesidca1

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 Schools Revisions
DATE:	February 15, 2007
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

SUMMARY

Issue for Decision (Consent Agenda)

Should the Board of Regents approve the requests to revise the existing charters for the Albany Community Charter School (Albany), the Child Development Center of the Hamptons Charter School (Wainscott), the KIPP Sankofa Charter School (Buffalo), and the New Covenant Charter School (Albany)?

Reason(s) for Consideration

Required by New York State Education Law §2852.

Proposed Handling

This question will come before the Regents EMSC-VESID Committee for approval on February 12, 2007.

Procedural History

New York Education Law §2852(7) provides that revisions of charter school charters shall be made only upon the approval of the charter entity and the Board of Regents in accordance with the provisions of the law applicable to the issuance of charters themselves. The Board of Regents may therefore either approve and issue the revisions as proposed by a charter entity, or return the proposed revision to the charter entity for reconsideration with written comments and recommendations.

Background Information

We received four requests from the Board of Trustees of the State University of New York (“SUNY”) to approve the proposed revisions to the existing charters for Albany Community Charter School (Albany), the Child Development Center of the Hamptons Charter School (Wainscott), the KIPP Sankofa Charter School (Buffalo), and the New Covenant Charter School (Albany).

Albany Community Charter School: This is a SUNY authorized charter school which is located in Albany, New York. SUNY submitted the proposed charter application for the Albany Community Charter School (“the School”) to the Board of Regents (“Regents”) in August 2005. The proposed charter application did not meet all of the criteria for general acceptance, and the projected increase in fiscal impact was deemed too great a burden for the district of location. The School, however, became effective by operation of law on December 11, 2005. The School currently serves 108 students in grades K-1, and it operates without a management company. By its fifth year, the School will serve 338 students in grades K-4.

SUNY approved a revision to the School’s charter on January 11, 2007 to change the date by which a child must turn age five to enroll in and to attend the School. Specifically, SUNY seeks Regents approval of the proposed first revision to the School’s initial charter permitting a change of date by which a child must turn age five from on or before December 1^st to on or before December 31^st of the school year in which the child enrolls in kindergarten.

Child Development Center of the Hamptons Charter School: This is a SUNY authorized charter school which is located in Wainscott, New York. The initial charter for the School was issued in 2000 and the School opened for instruction in 2001. The School serves at-risk and special needs students, most of whom are students with severe disabilities. On November 28, 2006, SUNY approved a proposed revision to the charter to allow the School to lower its projected student enrollment for the 2006-2007 school year from 125 students to 70 students and to lower its projected student enrollment from 135 students to 85 students for each remaining school year of the School’s charter. SUNY submits the approved proposed second revision to the School’s charter to the Regents for consideration and approval.

KIPP Sankofa Charter School: This is a SUNY authorized charter school which is located in Buffalo, New York. The initial charter for the School was issued on March 25, 2003 and the School opened for instruction in July 21, 2003. On November 28, 2006, SUNY approved a proposed revision to the charter to allow the School to lower its projected student enrollment for the 2006-2007 school year from 270 students to 250 students based on its current enrollment. The School anticipates that student enrollment will increase to 360 students for the 2007-2008 school year as stated in the School’s initial charter based on increased recruitment efforts. SUNY submits the approved proposed first revision to the School’s initial charter to the Regents for consideration and approval.

New Covenant Charter School: This is a SUNY authorized charter school which is located in Albany, New York. The Board of Regents issued the initial charter for the School on September 17, 1999, and issued a five-year renewal charter on September 15, 2004. At its November 15, 2006 meeting, the Regents voted to approve a proposed revision from SUNY allowing the School to contract with Victory Schools, Inc. as its new education management company. On November 28, 2006, SUNY approved a proposed revision allowing the School to reduce its K-6 student enrollment for the remainder of its charter from 925 students to 700 students during the 2006-2007 school year, and from 930 students to 800 students during the 2007-2008 school year and 850 students during the 2008-2009 school year. SUNY submits the approved proposed second revision to the School’s first renewal charter to the Regents for consideration and approval.

Complete copies of the current charters and materials pertaining to the requested revisions to the charters are available from James C. Viola at 518-474-4817.

Recommendations

Based upon the findings made by the Board of Trustees of the State University of New York, staff recommends that the Board of Regents take the following action:

VOTED: That the Board of Regents approve the revision to the initial charter of the Albany Community Charter School as proposed by the Board of Trustees of the State University of New York, and the provisional charter is amended accordingly.

VOTED: That the Board of Regents approve the revision to the initial charter of the Child Development Center of the Hamptons Charter School as proposed by the Board of Trustees of the State University of New York, and the provisional charter is amended accordingly.

VOTED: That the Board of Regents approve the revision to the initial charter of the KIPP Sankofa Charter School as proposed by the Board of Trustees of the State University of New York, and the provisional charter is amended accordingly.

VOTED: That the Board of Regents approve the revision to the first renewal charter of the New Covenant Charter School as proposed by the Board of Trustees of the State University of New York, and the provisional charter is amended accordingly.

Timetable for Implementation

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