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Meeting of the Board of Regents | December 2009

Tuesday, December 1, 2009 - 9:00am

sed seal                                                                                                 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

                         

TO:

FROM:

John B. King, Jr.

SUBJECT:

Charter Schools: Proposed First Renewal Charter for Niagara Charter School

DATE:

December 4, 2009

STRATEGIC GOAL:

Goals 1 and 2

AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision

Should the Regents approve and issue the proposed renewal of the charter for Niagara Charter School (Niagara Falls) (Niagara-Wheatfield Central School District)?

Background Information

We received a request from the Niagara Charter School (the “School”) for a first renewal of its charter.  The School’s initial charter was granted by the Board of Regents in July, 2005 for a period of five years. In December, 2006 the Board of Regents approved a revision to the School’s charter allowing it to increase its enrollment to a maximum of 264 students; in January, 2007 the Board of Regents approved a revision to more accurately identify the number of students from surrounding districts; and in March, 2009 the Board Regents approved a revision to cap the School’s grade level at six.  The School is now requesting a renewal for five years, commencing on July 23, 2010.

In March of 2008, the Office of Public School Choice conducted a Comprehensive Monitoring Review of the School, which revealed a number of fiscal and governance issues.  Among them were misallocation of funds and a lack of adherence to the Board’s own internal controls.  Steps have been taken by the Board to rectify these specific concerns, and there remains the need for ongoing monitoring and for the School to show a pattern of responsible fiscal choices. Timelines for responses to monitoring concerns were often met reluctantly. SED Staff continue to work with the Board in addressing concerns fully and in a timely manner. Board oversight and leadership concerns originating from the monitoring visit continue to be addressed.  There has been no demonstrated commitment to evaluate the Board’s effectiveness and to make the necessary changes that would benefit their role in the School.

Educationally, the scores on State assessments have shown steady, often significant, growth in the numbers of students performing at Levels 3 and 4.  This is true for the aggregate student population as well as for students with disabilities.  The cohort group of students increased its proficient scores in ELA from 31% in 2006-07 to 91% in 2008-09, and from 79% in 2006-07 to 96% in 2008-09 in math.  In the two years the School has administered the Grade 4 Science test, scores have risen from 43% proficient to 94% proficient.  Students with disabilities’ scores rose from 0% to 100% in one year.  In 2008-09, the School exceeded the state PI in every grade, by as much as 44 points in ELA and as much as 81 points in math.  The School’s engagement in the Expeditionary Learning/Outward Bound program continues to develop and expand, integrating its components into the standard curriculum.  The School’s goals cannot be adequately measured at this time in terms of successful accomplishment, as they were intended to be measured at the end of four years of instruction.  However, the School has already attained (and surpassed by 16 points) its math goal and is within two points of reaching the ELA goal.  It has also surpassed its goal in science by 19 points.

Staff recommends that the Board of Regents approves and issues a first renewal charter to the Niagara Charter School and extend its provisional charter for a term of three years, commencing on July 1, 2010 up through and including June 30, 2013.

The Niagara-Wheatfield Central School District held a public hearing on November 18, 2009 regarding this proposed renewal application.  Nine people spoke, including a Niagara Charter School Board member, the Chief Academic Officer, two School employees, and parents of enrolled children.  All of the comments were supportive of the charter renewal. No comments were received from the Niagara-Wheatfield Central School District.

Recommendation

              VOTED:  That the Board of Regents approves the renewal application of the Niagara Charter School, that a first renewal charter be used, and that its provisional charter be extended for a term up through and including June 30, 2013.

Reason for Recommendation

(1) The charter school described in the proposed charter meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicants can demonstrate the ability to operate the school in an educationally and fiscally sound manner; and (3) approving and issuing the proposed charter 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; and (4) approving the proposed renewal will have a significant educational benefit to the students expected to attend the charter school,

Timetable for Implementation

The Regents action for Niagara Charter School will become effective on July 1, 2010.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New York State Education Department

Summary of Charter School Renewal Information

Summary of Applicant Information

 

Name of Proposed Renewed Charter School:  Niagara Charter School (“the School”)

 

Address:  2077 Lockport Road, Niagara Falls, New York 14304

Board of Trustees President:  James C. Muffoletto

Renewal Period:  July 1, 2010 – June 30, 2013

District of Location:  Niagara-Wheatfield Central School District  

 

Charter Entity: Board of Regents

 

Institutional Partner(s):  Expeditionary Learning/Outward Bound, Inc.

Management Partner(s): N/A

Grades Served per Year:                      2010-2011:  K-6 

                                                                      2011-2012:  K-6 

                                                                      2012-2013:  K-6                                                                  

Projected Enrollment per Year:          2010-2011:  350

                                                                      2011-2012:  350

                                                                      2012-2013:  350

                                                                     

Renewal Application Highlights

Evidence of Educational Soundness/ Attainment of Educational Objectives

 

  • For the School’s performance on State assessments, see Attachment 1.
  • Scores on State assessments have shown steady, often significant, growth in the numbers of students performing at Levels 3 and 4.  This is true for the aggregate student population as well as for students with disabilities.
  • Math scores for grades 3-6 in 2008-09 were all above 90% proficient, and ELA scores ranged from 72 to 88% proficient.  With one exception in each area, students with disabilities also made significant strides in ELA and math (from 0% proficient in the 2006-07 school year to 25% in the 2008-09 school year in ELA and from 50% proficient in the 2006-07 school year to 100% in the 2008-09 school year in math).
  • The cohort group of students increased its proficient scores in ELA from 31% in 2006-07 to 91% in 2008-09, and from 79% in 2006-07 to 96% in 2008-09 in math.
  • In the two years the School has administered the Grade 4 Science test, scores have risen from 43% proficient to 94% proficient.  Students with disabilities’ scores rose from 0% to 100% in one year.
  • In 2008-09, the School exceeded the state PI in every grade, by as much as 44 points in ELA and as much as 81 points in math.
  • The School’s goals cannot be adequately measured at this time in terms of successful accomplishment, as they were intended to be measured at the end of four years of instruction.  However, the School has already attained (and surpassed by 16 points) its math goal and is within two points of reaching the ELA goal.  It has also surpassed its goal in science by 19 points.
  • The School’s engagement in the Expeditionary Learning/Outward Bound program continues to develop and expand, integrating its components into the standard curriculum.
  • Teacher retention is high, with only three teachers leaving the School in three years of operation.

Evidence of Fiscal Soundness/Projected Fiscal Impact

  • The School has received a clean, unqualified audit report each year of its operation, and no material weaknesses have been found.
  • The School has responded to any CPA management letter suggestions.

 

Projected * Fiscal Impact on Niagara-Wheatfield Central School District from  2010 Through 2013

School District

2010-2011

2011-2012

2012-2013

Niagara Falls

2.85

2.89

2.93

Niagara -Wheatfield

  .20

   .21

   .21

Total Projected Impact

 

3.05

 

3.10

 

3.14

* 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, and 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 2010-2011 forward.

 

 

Evidence of Parent and Student Satisfaction and Community Support

 

  • Parent satisfaction surveys for the 2007-2008 and the 2008-2009 school years, showed results of “agreed” or “strongly agreed” with positive statements about the School for 92.8%, and 94% respectively.
  • Less than 7% of students have left the School in any year, mostly due to families’ relocation.
  • The School has been fully enrolled each year, with waiting lists at all grade levels, especially the primary grades.
  • A public hearing to solicit comments from the community in connection with the charter school’s proposed renewal was conducted by the Niagara-Wheatfield Central School District on November 18, 2009.  Nine people spoke, including a Niagara Charter School Board member, the Chief Academic Officer, two School employees, and parents of enrolled children.  All of the comments were supportive of the charter renewal.  No comments were made by the Niagara-Wheatfield Central School District.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment 1

2007-2008

Grades 3-8 State ELA and Math Assessments

Percent of Niagara Charter School Students at Levels 3 – 4

Grades 3-8 ELA

 

% at Level 3

% at Level 4

% Proficient

Grade 3

43

2

45

Grade 4

62

0

62

Grade 5

45

0

45

Grade 6

n/a

n/a

n/a

 

Grades 3-8 Math

 

% at Level 3

% at Level 4

% Proficient

Grade 3

55

14

69

Grade 4

45

24

69

Grade 5

67

0

67

Grade 6

n/a

n/a

n/a

* Due to statistical rounding, percentages may exceed 100.

 

 

2008-2009

Grades 3-8 State ELA and Math Assessments

Percent of Niagara Charter School Students at Levels 3 – 4

Grades 3-8 ELA

 

% at Level 3

% at Level 4

% Proficient

Grade 3

69

11

80

Grade 4

70

2

72

Grade 5

83

5

88

Grade 6

77

0

77

 

Grades 3-8 Math

 

% at level 3

% at Level 4

% Proficient

Grade 3

73

27

100

Grade 4

61

30

91

Grade 5

72

21

92

Grade 6

89

3

92