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Meeting of the Board of Regents | May 2008

Thursday, May 1, 2008 - 11:00pm

sed seal                                                                                                 







Johanna Duncan-Poitier


Charter Schools: Proposed Revision for Harlem Success Academy Charter School



May 9, 2008


Goals 1 and 2






Issue for Decision


Should the Regents approve the staff’s recommendations concerning the proposed charter revision submitted by the Harlem Success 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 May 2008 for action.  It will then come before the full Board for final action in May 2008.


Procedural History


The New York Charter Schools Act of 1998 requires the Board of Regents (“Board”) to review applications for both new charter schools and the renewal of existing charter schools that are submitted to it in accordance with the standards set forth in subdivision two of New York State Education Law §2852.  After review, the Board may either (a) approve an application and issue a charter or a renewal charter for a term of up to five years, or (b) deny the application.


In addition, New York Education Law §2852(7) provides that revisions of charter school charters shall be made only upon 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.  With respect to charter schools directly chartered by the Board, it may either approve a proposed revision or deny it.


Background Information


We received a request to revise the charter of the Harlem Success Academy Charter School (the “School”).  The School seeks to add the Success Charter Network, Inc. (SCN) as its management organization.  SCN is a Kent County, Delaware not-for-profit organization with authority to do business in New York, exclusively to carry out charitable and educational purposes including managing one or more charter schools in the State of New York.  The management partner will support the School by providing data management and reporting, technology development, budget management, grant writing and other services.  On March 13, 2008, three charters were issued by operation of law that have SCN as a management partner.  The other charter schools SCN will manage (scheduled to open in September 2008) include: Harlem Success Academy Charter School II – CSD 3; Harlem Success Academy Charter School III – CSD 4; Harlem Success Academy Charter School IV – CSD 4.


              The School is located in Community School District (CSD) 3.  The New York City Department of Education (“NYCDOE”) held a public hearing on April 15, 2008 regarding this proposed revision.  No public comments were generated. 


Staff recommends the Board of Regents approve the proposed revision.




VOTED: That the Board of Regents approves the revision to the initial charter of the Harlem Success Academy Charter School, and the provisional charter is amended accordingly.


Reasons for Recommendations


              The proposed revision to the School’s charter, along with the other terms of the charter: (1) meet the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will permit the charter school to operate in an educationally and fiscally sound manner;  (3) are 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; and (4) would have a significant educational benefit to the students expected to attend the charter school.


Timetable for Implementation


The Regents action for the Harlem Success Academy Charter School is effective immediately.