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For Submission to the Board of Trustees

of the State University of New York

ISSUED: November 2, 2010

Charter Schools InstituteState University of New York

41 State Street, Suite 700Albany, New York 12207

518/433-8277

518/427-6510 (Fax)[email protected] (E-mail)

www.newyorkcharters.org

1

Request for Applications to Restructurea SUNY Authorized Charter School
mailto:[email protected]://www.newyorkcharters.org/mailto:[email protected]://www.newyorkcharters.org/

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Table of Contents

I. About the SUNY Request for Applications (RFA) to Restructure a SUNY Authorized

Charter School......... 2

II. Review Process for Responses to the RFA.... 8

III. Timeline for the RFA .................................................. 10

IV. Submitting Your Response to the RFA... 11

V. Application Requests and Related Guidance .... 17

1. General Information ...17

2. Academic Program Design .24

3. Accountability and Assessment .35

4. Organizational Viability .37

5. School Operations ...42

6. School Policies .44

7. Supplemental Information .54

Appendix A: SUNY Curriculum Template.. 55

Appendix B: SUNY Due Diligence Questionnaire... 66

Appendix C: Fiscal and Operational Information Regarding the Existing Education

Corporation... 70

The submission deadline for proposals in response to this request is12:00 p.m. on Monday, November 22, 2010. All responses must be sent on a CD or

other electronic storage device with one paper copy to:

SUNY Charter Schools Institute

41 State Street, Suite 700

Albany, New York 12207

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I. About the SUNY Request for Applications to Restructure of a

SUNY Authorized Charter School

The SUNY Charter Schools Institute (the Institute), on behalf of the Board of Trustees of the State

University of New York (the SUNY Trustees), seeks applications to restructure a SUNY

authorized charter school in response to the potential non-renewal of an existing SUNY authorized

charter school in Harlem due to academic underperformance. Broadly stated, the Institute endeavors

to hold the current school board and school accountable by closing the school, while at the same

time, offering the schools current students an opportunity to continue their education in the same

building with a different educational program with as little disruption as possible. This is a ground-

breaking approach to school closure that is consistent with SUNYs priority to put students first. The

restructuring model for which SUNY is now seeking applicants would close the school its

educational program would end and the current school board would transition governance to a new

board of trustees, and then a new educational program and leadership would be offered to the current

parents of students in the same space utilizing the same 501(c)(3) educational corporation that

constitutes the charter school (the provisional charter of which was not issued pursuant to Education

Law subdivision 2852(9-a)), assets, facility lease and other contracts and conditions in place at the

current school. While the new operator will be required to change many aspects of the existing

school, a new provisional charter (certificate of incorporation) will not be issued. The restructured

school, under a new name, will be treated as a new school with a five year charter for purposes of

future renewal. See thePractices, Policies and Procedures for the Renewal of Charter Schools

Authorized by the Board of Trustees of the State University of New Yorkavailable at:http://www.newyorkcharters.org/documents/renewalPractices.doc (the SUNY Renewal Practices)

for more information about charter renewal.

If any of the Applications submitted in response to the Request for Application (RFA) meet the

high standards of SUNY (the same standards that SUNY would apply to the approval of an

application or proposal to create a new charter school), the Institute intends to recommend to the

SUNY Trustees that the charter of the school in question be renewed subject to the following with

conditions and pre-conditions:

The current school board of trustees would resign and the proposed school board of

trustees identified by the Applicant would be elected by the outgoing board with the

schools by-laws amended to permit same as needed. The transition would occur after

the close of the current school year and each new school trustee would be subject to the

approval of the Institute through its Request for Information process outlined at:

http://www.newyorkcharters.org/schoolsBOT.htm#changes .

SUNY Charter Schools InstituteRequest for Applications to Restructure a SUNY Authorized Charter School2
http://www.newyorkcharters.org/documents/renewalPractices.dochttp://www.newyorkcharters.org/schoolsBOT.htm#changeshttp://www.newyorkcharters.org/schoolsBOT.htm#changeshttp://www.newyorkcharters.org/documents/renewalPractices.dochttp://www.newyorkcharters.org/schoolsBOT.htm#changes

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The current educational program of the school would be discontinued at the end of the

2010-11 school year and be replaced by the Applicants educational program for the

commencement of the 2011-2012 school year. This would be accomplished by having

the existing school board amend its existing renewal application to substitute the

Applicants program for the one in the existing renewal application. (A redacted copy ofthis application is available from the Institute upon request.)

So much of teaching staff as the Applicant desires could be retained with no requirement

to retain any instructor or other staff member of the school. Please note that the existing

school board intents to pay reasonable retention bonuses to staff that remain on staff

through the end of the current school year.

The leadership team of the school would have to be replaced by the Applicant, who

would have the authority to retain only one (1) or two (2) members thereof at the sole

discretion of the reconstituted school board of trustees.

The Applicants educational program must be designed to serve the students who would

have attended the school during the 2010-11 school year (as described below).

Legal Conditions

The existing school board may not sue or join in any lawsuit against SUNY or the

Applicant regarding closure, non-renewal, restructuring or any transaction related to the

closing of the school and the restart of a new academic program. Any breach of thisprovision would result in the non-renewal or expiration of the charter.

The existing school board will agree to not seek renewal of the charter based on its initial

renewal application so long as the SUNY agrees to review applications, if any, received

in response to this RFA. In addition, while that application will remain on file, the

existing school board will tender the withdrawal of the application to the Institute, which

may permit the withdrawal or amendment of the initial renewal application at the

Institutes sole discretion. The school board agrees that it will not petition/appeal or

litigate any withdrawal or non-renewal of the initial (or amended) renewal application.

The exiting school board also agrees to forgo a renewal inspection. In the event a new

operators application is rejected for not meeting SUNY standards for a new application

or a new operator does not wish to pursue the restructuring, the school will still forgo a

renewal inspection and petition/appeal, the school will close at the end of its current

charter term, and the school board will dissolve the schools education corporation.


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If the Institute makes a positive recommendation regarding the Applicants program, the

existing school board will agree to assist the new operator group by: 1) voting to approve

the new program as part of the amended renewal application; and 2) amending the initial

renewal application (the Applicant has no legal authority to independently submit a

renewal application to SUNY) including, but not limited to, required studentachievement, parent and financial data from the schools existing program per Education

Law 2851(4).

If the Applicants application progresses in the review process, the existing school board

and staff must provide access to the school as well as its books and records for purposes

of due diligence by the Applicant, the proposed school trustees and their agents.

Fiscal and Operational Information and Conditions

As noted above, any successful Applicant would be required to honor existing contracts

of the education corporation, particularly continue the use of the current facility under the

terms of the existing lease. A copy of the lease, as well as other existing contracts, is

available upon request by contacting Mr. Jason Sarsfield, Director of School Applications

at [email protected]. A full list of available documents is provided in Appendix

C.

The assets and liabilities of the current education corporation existing at the time of a

potential transition to any successful Applicant would remain assets and liabilities of the

education corporation, with new board of trustees ultimately responsible for governing

their use. A full compilation of the existing assets and liabilities including, but not

limited to annual audited financial statements, bank statements and investments,

statements of assets, operating and payroll account statements, and restricted and non-

restricted grant revenue sources are available upon request as noted above. Any

successful Applicant would be required to complete its own due diligence regarding the

information in this regard that is provided by the Institute.

Please note that the existing school board would govern the school until new school trustees areelected, i.e., SUNY in no way controls the school. The current board must agree to all conditions,

otherwise it forfeits its right to be restructured. In the event that the school board does not let the

restructuring process go forward, or in the event that a successful applicant is not identified, the

school board would allow the charter to expire or the Institute would then recommend traditional

closure to the SUNY Trustees. Any restructuring is also subject to the approval of the SUNY

Trustees Education, College Readiness and Success Committee and the vote of the SUNY Trustees,

mailto:[email protected]:[email protected]:[email protected]

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and, thereafter the vote of the Board of Regents and, if needed, a resubmission vote of the

Committee.

By issuing this request the Institute intends to evaluate the extent to which a new operator is able to

provide an effective educational program for those students currently enrolled in the identifiedcharter school who wish to remain enrolled, with the potential exception of students currently

enrolled in the schools terminal grade. It is understood that parents are free to withdraw from the

charter school at any time and that the Applicant may have to recruit to meet the projected enrollment

of the school.

The charter school in question is currently in its tenth year of operation, concluding its second charter

period. It was awarded a full-term charter renewal of five years in 2005 and has served students in

Kindergarten through 5th grade in each year of the current charter period. In 2009-10, the school

enrolled 243 students overall; 75% of the students self-identified as being Black or AfricanAmerican, 22% Hispanic, and 1% each were American Indian or Alaska Native; White; or

multiracial. Students with disabilities comprised 12% of its student population, 5% were English

language learners, and 72% qualified for the federal free and reduced price lunch program. The

Institutes renewal report, evaluation reports and Accountability Plan Progress Reports are available

at: http://www.newyorkcharters.org/proHarlemDay.htm .

The Institute will evaluate all Applications to determine those that meet the standards set forth by the

SUNY Trustees are described below and select from among that subset, if any, the applicant most

likely to operate the school in an educationally, organizationally and fiscally sound manner. To beclear, the Institute will not simply recommend the strongest application it receives in response to this

RFA. Rather, the Institute will only recommend an application that demonstrates the capacity to

effectively implement an educational program that will likely result in the restructured school

improving student learning and meeting the rigorous accountability standards established by the

SUNY Trustees. If a viable applicant is identified and approved, the restructured charter school

would be provided a full-term five year renewal charter with restrictions to accommodate serving the

existing students and would be held accountable to the standards for Initial Renewal (rather than

subsequent renewal) contained in the SUNY Renewal Practices.

The general requirements for an Application to Restructure a Charter School to be considered by the

Institute on behalf of the SUNY Trustees include:

Be complete and meet basic criteria ranging from on-time submission of the application

to having responses that are legible, complete, coherent and respond to the question(s)

asked; and

http://www.newyorkcharters.org/proHarlemDay.htmhttp://www.newyorkcharters.org/proHarlemDay.htmhttp://www.newyorkcharters.org/proHarlemDay.htm

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The application must meet the standard for describing a quality educational program and

providing sufficient evidence that the proposed school is likely to operate in an

educationally and fiscally sound manner, to improve student learning and achievement

and materially further the purposes set out in Education Law subdivision 2850(2) as well

as meet any additional requirements established by the SUNY Trustees as part of their

rigorous commitment to student achievement.

A viable plan to attract and retain students with disabilities, students who are English

language learners, and students who are eligible to participate in the federal free and

reduced-price lunch program;

Must not be filed in conjunction with a for-profit management partner; and

Must demonstrate that the Applicant team has the organizational capacity to effectively

operate the school given the unique circumstances pertaining to this particular renewal

situation including all due diligence information, which are discussed throughout this

RFA.

Particular attention will be paid to the capacity of the Applicant to provide remediation

services and improve the student achievement of a cohort of students in grades 1-4 rather

than in only one incoming grade level.

In addition, any successful applicant group would be required to agree to the following as part of the

terms and conditions of a positive recommendation being presented to the SUNY Trustees:

Any applicant group must serve all students currently enrolled in the school that wish to

remain enrolled, except for those who would have graduated from the highest grade and

need not serve the incoming grade (although it may be best to match the existing grades

as they match the district). For example, the current school serves students in

Kindergarten through 5th grade; the restructured school must propose to serve at least

1st through 5th grades and may serve Kindergarten as well. While the educational

program may propose to server additional students, specific facility plans would have to

be provided as the current space does not allow for expansion. It will NOT be an

acceptable facility plan to state that additional students will be housed in New York City

Department of Education (NYCDOE:) space as such space requires NYCDOE

approval and an extended legal approval process.

The school name must be changed and not be substantially similar to the existing name.

The Applicant would be required to accommodate or account for existing contracts,

assets and liabilities including, but not limited to, the current facility lease but is free to

attempt to amend or renegotiate the terms thereof. (The key concept is that the new

operator cannot vitiate the existing contracts through this process, (unlike the process of a

bankruptcy restructuring.)


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A successful applicant would be required to perform its own final due diligence on the

existing school and agree to accept the charter as is in terms of compliance issues,

resources, liabilities, liens, and existing contracts and obligations. SUNY makes no

representations about the school, its condition or its state of compliance with applicable

law, other than the fact that the school is in good standing in terms of its corporate

existence, the school is not on probation or a corrective plan, and that the SUNY Trustees

have not provided notice of intention to revoke or terminate the charter (other than

providing a frank assessment of the schools current student data and chances for a full-

term renewal). The Institute also states that the information in Appendix C was provided

by the school.

The Institute would apply its normal review standards for an initial charter application in

evaluating any applicants proposed educational program tailored to meet the current

renewal circumstances. If the Institutes review of the application is positive the Institute

would recommend the application as a replacement renewal application to the SUNY

Trustees with restrictions.

The successful applicant may replace existing instructional and other staff members,

except to the extent that such employees are employed pursuant to a collective bargaining

agreement, in which case the terms of such agreement would govern. Currently, the

school does not have a collective bargaining agreement in place with its staff.

The new operator acknowledges that the school may have existing debt and obligations to

be repaid; terms of grants that must be fulfilled and be in possession of restrictive gifts

whose terms must be honored.


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II. Review Process for Responses to the RFA

The Institutes review process of applications resulting from the RFA will include:

1) Review of the application by Institute staff from an academic, legal and fiscalperspective;

2) External review of the application by external education experts if deemed necessary by

the Institute;

3) An interview by Institute staff of the Applicant and proposed school trustees;

4) A potential interview by representatives of the SUNY Trustees Education, College

Readiness and Success Committee of the Applicant and proposed school trustees; and

5) If needed, a Request for Amendment process in an attempt to resolve Institute concerns,

assure compliance with the Charter Schools Act and all applicable laws and regulations

and to conform to existing conditions at the school.

In addition, in cases where the Applicant would partner with a non-profit Charter Management

Organization (CMO) or a non-profit, community or educational partner organization, the Institute

would conduct a due diligence review of that organization in the same manner as is done for new

applications. The due diligence process requires the organization to provide a written response to a

questionnaire regarding the organizations structure, staffing, finances, plans for the future and the

academic performance of other schools it serves that enroll similar student populations to determine

the organizations capacity to support the restructured school. Institute staff may also conduct an

interview of representatives of the proposed management or partner organization in conjunction with

the overall evaluation process.

If more than one application is determined to meet the SUNY Trustees rigorous standards for

establishing a new charter school, the Institute will give greater weight to those applications that

successfully demonstrate the following:

-Experience and expertise in implementing a school turnaround model;

- Successful experience in implementing an educational program beginning with a

large initial grade span, preferably those of the existing school;


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- The ability to provide remediation to meet a range of student needs across the given

grade span;

- Ability to effectively serve all at-risk student populations, including students with

disabilities, English language learners, and students who qualify for free and reducedprice lunch.


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III. Timeline for the RFA

Given that SUNYs RFA is for the restructuring of one school the timeline below should be

considered approximate and subject to change.

SUNY Request for Applications Approximate Timeline

Date Action

November 2, 2010 RFA issued by the Institute on behalf of the SUNY Trustees.

November 16 17, 2010 Education, College Readiness and Success Committee votes to determine if theRFA process will go forward. If the vote is negative the RFA process will beterminated and applicants will be notified.

November 22, 2010 Completed applications are due to the Institutes Albany office at: 41 State

Street, Suite 700, Albany, NY 12207 by 12:00 p.m. Note that the Institute

reserves the right to extend the application deadline for all applicants andwould provide notice on its website and to any applicants who have

responded to the RFA.

November 22 December

3, 2010

Initial review of applications, and where warranted, full review by Institutelegal and fiscal staff. Institute staff may also conduct interviews of applicantsand proposed charter school trustees for those applications that will receive afull review.

December 6 December

10, 2010

Discretionary interviews will occur for applicant groups the Institutedetermines have a high likelihood of earning a positive recommendation to theSUNY Trustees. Specific dates and times to be determined based on number ofinterviews necessary. An interview with a member or members of theEducation, College Readiness and Success Committee will also be scheduledeither within this timeframe or shortly thereafter.

January, 2011 (date to be

determined)

If any applicants educational program is recommended by the Institute, and ifthe existing school board voted to amend its initial renewal application toincorporate that educational program, the Institute staff will present theamended renewal application to the Education, College Readiness and SuccessCommittee for approval. An affirmative vote by the Committee would movethe amended renewal application to the full SUNY Board of Trustees forconsideration.

January 11, 2011 The SUNY Trustees would consider the renewal application recommended bythe Committee or may vote to not renew the schools charter.

January May, 2011 Institute prepares the approved proposed renewal charter if warranted for

transmittal to the Board of Regents. The Institute may require amendments tothe application in order to comply with the law and other specific requirements

prior to submission to the Board of Regents. The State Education Departmentacting on behalf of the Board of Regents may also engage in a clarification

process resulting in further amendment to the proposed charter but any suchamendments will be with the consent of the existing school board.


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IV. Submitting Your Response to the RFA

In preparing your response to SUNYsRFA, please keep in mind that your answers to the specific

requests carry enormous significance beyond determining whether or not you will be granted a

renewal charter to reorganize and operate the school; they will determine the specific terms of your

charter agreement and set the conditions of your schools operation. It is therefore critical you do not

simply provide a response that may sound impressive on paper. You should evaluate all of your

responses to make sure that your plans are reasonable, feasible and achievable; recognizing that you

will be held accountable for commitments made. Finally, as you develop your responses, remember

the Institute is looking for quality and clarity in the responses which is not always analogous to

quantity of pages.

General Guidance

Where a question or request is keyed to a specific statutory provision, the statutory

provision appears in brackets. Please note that unless specifically indicated otherwise, all

references are to provisions contained in New York States Education Law. For instance,

the notation ( 2851(1)) refers to subdivision 1 of section 2851 of the Education Law.

Each request is printed in bold typeface. Immediately following each request in italic

typeface is any guidance to guide responses to the request. In many cases, it will be

impossible to provide an adequate and complete response without careful reference to the

guidance as well as the request.

At the end of each request you will be directed to submit your response to each request as

a numbered, and in some cases, lettered attachment. Do not change attachment

numbers or letters. It is critical that you submit the documents as organized by this RFA.

Any changes could result in the application responses not being reviewed.

All responses are to be submitted together by the designated deadline of November 15,

2011 at 12:00 p.m.

Certain requests refer to other Institute documents, resources, or sample responses that

are available on the Institutes website at: www.newyorkcharters.org . Examples include:

Guidelines for Developing an Accountability Planhttp://www.newyorkcharters.org/schoolsAccountability.htm

Practices, Policies and Procedures for the Renewal of Charter SchoolsAuthorized by the State University Board of Trustees

http://www.newyorkcharters.org/schoolsRenewOverview.htm

http://www.newyorkcharters.org/http://www.newyorkcharters.org/http://www.newyorkcharters.org/schoolsAccountability.htmhttp://www.newyorkcharters.org/schoolsRenewOverview.htmhttp://www.newyorkcharters.org/http://www.newyorkcharters.org/schoolsAccountability.htmhttp://www.newyorkcharters.org/schoolsRenewOverview.htm

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Fiscal Operations Guidance: Yearly Budget, Quarterly and Year-End AuditReports for SUNY Authorized Charter Schoolshttp://www.newyorkcharters.org/schoolsFiscalOperation.htm

- SUNY Due Diligence Questionnaire for Management/Other Partnershttp://www.newyorkcharters.org/openAppKit.htm

- Freedom of Information Law (FOIL)http://www.newyorkcharters.org/schoolsCompliOverview.htm

- NCLB: Federal Teacher and Paraprofessional Qualification Requirementshttp://www.newyorkcharters.org/schoolsCompliOverview.htm

- Pre-Opening Workbookhttp://www.newyorkcharters.org/schoolsCompliOverview.htm

In addition to the Institutes website, the following link provides additional information

regarding the Board of Regents core curriculum requirements in English language arts,

mathematics, science and social studies:

http://www.emsc.nysed.gov/ciai/socst/ssrg.html

Public Disclosure

The Institute, shortly after receipt of a renewal application, typically releases to the public a

redacted copy thereof containing the public contact information, the contact person, level of

proposed enrollment, grades served, management company or charter management

organization (if any), partner organization (if any). In this case, while the entire application

is available under the Freedom of Information Law, all personal and proprietary information

will be redacted prior to release. The Institute will provide statutory notification as the

substantial amendment of the initial renewal application is a significant step in the chartering

process.

Applicants that are successfully moving forward in the Institutes review process may need

access to confidential information of the existing school that will need to be covered by a

non-disclosure agreement between the school and the Applicant. Any breach of such an

agreement or improper use of such information will result in the rejection of the application

by the Institute.

Submitting the Application

Two (2) electronic copies of the application on separate flash-drives or separate CDs are required,

please see the Submitting the Electronic Copy section below. In addition, one (1) paper copy that is

a printoutof the electronic version must also be submitted. The electronic version of the proposal

http://www.newyorkcharters.org/schoolsFiscalOperation.htmhttp://www.newyorkcharters.org/openAppKit.htmhttp://www.newyorkcharters.org/schoolsCompliOverview.htmhttp://www.newyorkcharters.org/schoolsCompliOverview.htmhttp://www.newyorkcharters.org/schoolsCompliOverview.htmhttp://www.emsc.nysed.gov/ciai/socst/ssrg.htmlhttp://www.newyorkcharters.org/schoolsFiscalOperation.htmhttp://www.newyorkcharters.org/openAppKit.htmhttp://www.newyorkcharters.org/schoolsCompliOverview.htmhttp://www.newyorkcharters.org/schoolsCompliOverview.htmhttp://www.newyorkcharters.org/schoolsCompliOverview.htmhttp://www.emsc.nysed.gov/ciai/socst/ssrg.html

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is regarded as the official submission to the Institute and any ambiguity and/or discrepancy

between the electronic version and the paper copy submission will always be resolved in favor

of the electronic copy.

1. Please print all pages single-sided (text on only one side of each page).

2. Each individual attachment should be consecutively numbered at the bottom of the page.

The notation should be the number and/or number and letter of the Attachment followed

by the page number for that Attachment. For example, the fourth page of the second

request would be numbered Attachment 2-4 or the fifth page of the third Attachment

would be numbered Attachment 3-5 or if you prefer, Att.3-5.

3. Each electronic copy of the application shall consist of files containing each

individual response saved as described in the table below. The table also notes what

file type is acceptable for each response, i.e., Microsoft Word, Microsoft Excel.

4. Your application will ultimately contain the following:

- The Application for a Restructuring Renewal of a Charter School

Transmittal Form which must be the cover or first page. The Transmittal Form

should be completed and signed by the applicant who will serve as the contact for the

Institute (the Applicant Contact). The original signed form must be submitted with

the paper copy of the proposal.

- All attachments in numerical order

Submitting the Electronic Copies of the Proposal

As noted above, you should submit two (2) electronic versions of your application on separate

CD-ROMs or flash drives set-up as follows:

Create a folder on the CD-ROM or flash drive called [School Name] Application for the

Restructuring Renewal of a Charter School.

Within that folder, save all attachments titled and formatted as described in the table

below. Please be sure that if you are using the track changes feature of Microsoft

Word that all changes have been accepted and track changes has been turned offprior to saving.

Acceptable electronic formats for the files to be saved are Microsoft Word, Microsoft

Excel or Adobe Acrobat as indicated below. Adobe Acrobat files are only

acceptable when scanning documents is absolutely necessary. When scanned files are

submitted in Adobe Acrobat format, they should be OCRd (Optical Character

Recognition) and Optimized to reduce the file size. Files required to be submitted in


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Microsoft Word or Microsoft Excel may not be submitted in any other format. Please

include electronic copies of all Requests including all curriculum related materials.

Please contact the Institute at 518/433-8277 with any questions about electronic

formatting requirements.


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Required Format for Saving and Naming Electronic Files

Request File Type Required File Name

Request No. 1 Microsoft Word Attachment 01 - Applicant Information

Request No. 2 Microsoft Word Attachment 02 - Mission Statement

Request No. 3(a) Microsoft Word Attachment 03(a) - Anticipated Student Enrollment

Request No. 3(b) Microsoft Word Attachment 03(b) - Rationale for Growth Plan

Request No. 3(c) Microsoft Word Attachment 03(c) - Long Term Growth Plan

Request No. 4 Microsoft Word Attachment 04 - Affiliated Corporations

Note: Additional information (e.g., proof of legal and tax-exempt status, etc.) should be submitted as an Adobe Acrobatfile as: Attachment 04 - Supplemental Data

Request No. 5(a) Microsoft Word

Adobe Acrobat

Attachment 05(a) - Affiliated Corporation Term Sheet

Attachment 05(a) - Affiliated Corporation ContractsRequest No. 5(b) Microsoft Word Attachment 05(b) - Affiliated Corporation Relationship with

Proposed Board of Trustees

Request No. 6(a) Microsoft Word Attachment 06(a) - Key Design Elements

Request No. 6(b) Microsoft Word Attachment 06(b) - Key Design Research and Examples

Note: Supplemental research or other materials may besubmitted in Adobe Acrobat file as: Attachment 06(b) -Supplemental Materials

Request No. 7(a) Microsoft Word Attachment 07(a) - School Calendar

Request No. 7(b) Microsoft Word Attachment 07(b) - Weekly Schedule

Request No. 8 Microsoft Word Attachment 08 - Increasing Student Achievement

Request No. 9 Microsoft Word Attachment 09 - Professional Development Plan

Request No. 10 Microsoft Word Attachment 10 - Special Education Overview

Request No. 11 Microsoft Word Attachment 11 - Serving ELL students

Request No. 12(a) Microsoft Word Attachment 12(a) - Curriculum Framework

Request No. 12(b) Microsoft Word Attachment 12(b) - Curriculum Implementation

Request No. 13(a) Microsoft Word Attachment 13(a) - Accountability Plan

Request No. 13(b) Microsoft Word Attachment 13(b) - Use of High Quality Assessments

Request No. 14 Microsoft Word Attachment 14 - Organization Chart

Request No. 15(a) Microsoft Word Attachment 15(a) - Instructional Staff

Request No. 15(b) Microsoft Word Attachment 15(b) - Non Instructional Staff

Request No. 16 Microsoft Word Attachment 16 - Overcoming Restructuring Problems

Request No. 17 Microsoft Word Attachment 17 - School Leader Selection

Request No. 18 Microsoft Word Attachment 18 - Trustee Qualifications

Request No. 19(a) Microsoft Word Attachment 19(a) - Proposed Board of Trustees


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Request No. 19(b) Microsoft Word Attachment 19(b) - Responsibilities of Trustees

Request No. 20 Microsoft Excel Attachment 20 - Proposed Budgets and Cash Flow

Request. No. 21 Microsoft Word Attachment 21 - Fiscal Soundness

Request No. 22 Microsoft Word Attachment 22 - By-Laws

Request No. 23 Microsoft Word Attachment 23 - Code of Ethics

Request No. 24 Microsoft Word Attachment 24 - Student Admissions Policy

Request No. 25 Microsoft Word Attachment 25 - Discipline Policy (General Education)

Request No. 26 Microsoft Word Attachment 26 - Discipline Policy (Special Education)

Request No. 27 Microsoft Word Attachment 27 - Dress Code Policy

Request No. 28 Microsoft Word Attachment 28 - Complaint Policy

Request No. 29 Microsoft Word Attachment 29 - Closure and Dissolution Plan

Request No. 30 Microsoft Word Attachment 30 - Personnel Policy

Request No. 31 Microsoft Word Attachment 31 - Supplemental Information

V. Requests

General Information

1. Provide background information regarding the applicant or applicant group.

If you are applying as a single applicant, or as co-applicants, include the following

information:


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The full legal name of each applicant;

The home address, telephone number(s) (home, cell and office), facsimile

number (if applicable) and e-mail address for each applicant;

An assurance that the applicant(s) is, at least, 18 years of age. (Not-For-ProfitCorporation Law 701(a));

If there is more than one applicant or an applicant group, designate one

applicant as the contact person for the proposal (Lead Applicant); and

If you are applying as an individual applicant, provide background information,

and indicate whether he or she would be a member of the restructured charter

schools board of trustees. Required background information includes at least the

applicants educational and employment history; a resumes is preferred.

A description of the reasons the applicant(s) proposes to embark upon the

significant challenge involved in restructuring a charter school and a rationale for

why the applicant(s) considers themselves appropriately qualified to do so.

If you are applying as part of an applicant group, please provide the following

information:

Background information about the individuals within the group that would play

a leadership or management role in the operation of the restructured charter school,

or if the applicant group is a non-profit charter management organization, please

indicate so and provide the necessary information in response to other requests

contained herein.

A description of the reasons the applicant group proposes to embark upon the

significant challenge involved in restructuring a charter school, a rationale for why

the applicant(s) considers themselves appropriately qualified to do so, and how

members of the team would support the process and the school.

Please note the following in responding to Request No. 1:

Since direct communication with the applicant(s) is often required during the

application review process, it is critical that all contact information be accurate and

that the applicant is available to the Institute with relative ease.

The name and work phone number (or home number if no other number is given) of

the contact person will be made available to school districts and the media. If there

is no contact person the same information for the applicant will be used. The contact


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information should be the same as the contact information provided on the proposal

Transmittal Sheet. A Transmittal Sheet will be the first page of the proposal.

Submit your response to Request No. 1 as a Microsoft Word file named:Attachment 01 - Applicant Information

2. Attach the mission statement for the proposed restructured charter school.


The mission statement should be clear and precise (as in measurable), indicating what

the school intends to do, for whom, and to what degree. In just a few sentences the

mission statement needs to communicate the essence of the restructured charter school to

its stakeholders and the public.

Submit your response to Request No. 2 as a Microsoft Word file named:Attachment 02 - Mission Statement

3(a). Use the following table to submit student enrollment information for the first five

operational years of the proposed charter period. The following information is

required:

Grades that the school would serve, which must include at least 1st through 5th

and can include others;

Ages of the students to be served in each grade (for kindergarten, indicate the

date by which a student must turn five in order to be eligible to enroll in the charter

school [December 1 or 31]);

Number of students to be served in each grade;

Number of children expected in each class; and

Total number of enrolled students for each year of the charter term.

Number of Students

Grades Ages

Year 1

2011-12

Year 2

2012-13

Year 3

2013-14

Year 4

2014-15

Year 5

2015-16

K (40)

1 (43)

2 (39)


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3 (39)

4 (34)

5 (39)

6

7

8

9

10

11

12

Total students (234)

Number of classes per

Average number of stper class

Please note the following in responding to Request No. 3(a):

The enrollment levels at each grade level of the current charter school are provided for

your reference in parenthesize.

The existing school has traditionally maintained a chartered enrollment of approximately240 students, which the current facility supports. If an application contains a total

projected enrollment beyond 240 students, additional facility plan information is

required in response to Request No. 3(c) below.

In projecting the number of students in years 2-5 of the proposed charter term, the

projected enrollment chart should take into consideration the effect student attrition may

have on the schools total enrollment each year over the charter term. This

consideration is especially important if the school intends to limit the intake of students

to lower grades and explicitly establish a policy of not admitting students into upper

grades (generally referred to as backfilling). The Institutes charter agreement allows the school to vary its total projected enrollment

by 20 percent up or down each year, provided that no fewer than 50 students will be

served. Schools are also permitted to vary the number of students in each grade so long

it does not result in the near elimination of a grade.


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If a charter school offers a Kindergarten, it generally must be open to all children

otherwise eligible to attend who attain the age of five on or before December 1st of the

year in which they first attend kindergarten ( 3202(1)). A charter school may elect to

admit students who turn five by December 31st of the year in which they first attend. In

deciding whether to set a cut-off date later than December 1st, charter schools are not

required to abide by the practice of the school's or student's district of location.

Charter schools may not offer pre-kindergarten as that term in used in the Education

Law under any circumstances.

Charter schools may offer half-day kindergarten so long as it is specifically requested in

the application. The availability of such a program is not required to match that of the

school district of location.

Several charter schools have been permitted to offer a developmental kindergarten,

distinct from pre-kindergarten, to students who turn age four by August 1 prior to the

commencement of their first school year. However, the State Education Department has

made clear that no State aid will be made available for such students and that it will not

intercept any payments for such students, i.e., the charter school must have an

independent source of funding for such developmental kindergarten students.

The ages of the children to be served by the charter school must be given ( 2851(2)(l))

and can be presented as ranges by grade. Please consider the possibility that children

may be retained in a grade, accelerated or performing below grade level when accepted.

It is important to remember that if your application is approved your response to this

request, as your other responses, will set the terms under which the school is to operate

unless the term is amended.

Submit your response to Request No. 3(a) as a Microsoft Word file named:Attachment 03(a) - Anticipated Student Enrollment

(b). Provide the rationale for the enrollment structure submitted as your response to

Request No. 3(a) above. In your rationale please address the reason(s) for choosing to

serve the grades specified (if they are beyond K-5), and the number of students in each

grade. In addition, describe the proposed restructured schools policy to limit newadmissions to only the lower grades or in some other way (e.g., by not backfilling

upper grades due to attrition), discuss the significance of such a policy in relation to the

proposed restructured charter school achieving its school and Accountability Plan

goals. Finally, describe how the restructured charter school would recruit new students

throughout the proposed charter period.


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Submit your response to Request No. 3(b) as a Microsoft Word file named:Attachment 03(b) - Rationale for Growth Plan

(c). Describe any intention to expand the restructured charter school, including physical

expansion, anticipated growth in the schools budget or other financial expansion,

expansion in the grade levels served, or expected increases in the student populationbeyond the requested time period of the schools five-year charter term.

Submit your response to Request No. 3(c) as a Microsoft Word file named:Attachment 03(c) - Long Term Growth

4. If you are filing the application in conjunction with a college, university, museum,

educational institution, or a not-for-profit corporation with 501(c)(3) tax-exempt status

under the Internal Revenue Code, please provide the information listed below for each

such entity:

Name of the organization;

Proof of the legal status of the organization (e.g. New York not-for-profit

corporation, university, etc.) and whether or not the organization has authority to

do business in New York;

Proof of tax-exempt status under Internal Revenue Code section 501(c)(3);

Letter of intent or commitment from a bona fide representative of the partner

organization indicating that the organization will be involved in the charter school

and the terms and extent of its involvement;

Name of a contact person for the partner organization, along with the address,phone number, facsimile number (if applicable), and e-mail of such contact person

for the partner organization; and

Description of the nature and purpose of the proposed schools relationship with

the organization.


If you are filing an application in conjunction with a not-for-profit educational service

provider (charter management organization) AND you are not also applying in

conjunction with any of the other entities described above, you may indicate that Request

No. 6 is not applicable and proceed directly to Request No. 5.

If you are not filing in conjunction with any entity as described above, please so indicate

in your response to Requests No. 4 and proceed to Request No. 5.

The letter of intent or commitment that you are required to provide from each partner

organization must specify any services (for a fee or otherwise) or financial or other

assistance that the partner has agreed to provide and that you have represented will be


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provided. If the partner organization will be receiving funds from the charter school, the

organization must have authority to do business in New York as a New York legal entity

or have received an Application for Authority from the New York Secretary of State. If

you represent that the school will be receiving a service for free or at a reduced rate

from the partner organization, the letter from the partner must so indicate. For example:if you elsewhere claim in the proposal that tutors will be provided by a university partner

on a volunteer basis, and those tutors are a component of your remedial education

program, the university partner must provide a firm commitment to provide such tutors

on such a basis. If this commitment is not provided, the Institutes financial analysts will

recalculate the schools budgeted expenses to account for the service at the prevailing

market rate or the Institute will review the proposed remedial program with the

assumption that the university partners tutors will not be provided.

Depending on the extent of the proposed partner organizations involvement with the

proposed restructured charter school, the Institute may request that the partner

organization complete the Institutes Due Diligence Questionnaire (Appendix B) just as a

proposed management organization is required to do. For additional information

regarding the Due Diligence process, please refer to the guidance related to Request

7(a) below.

An applicant is best served by submitting an application in conjunction with only those

entities that are committed to providing a substantial and tangible benefit to the

proposed charter school. Indeed, in the eyes of the proposal reviewers, an applicants

credibility may suffer when he or she provides a list of partners that add little or nothing

to do with the proposed school. In other words, quality, not quantity is key.

Not every relationship that the school might have with community organizations requires

that those organizations be identified formally as partners. For instance, if you plan on

frequent field trips to local museums, those museums need not file a proposal in

conjunction with you.

Note that no more than 40% of the trustees of a charter school authorized by the SUNY

Trustees may be affiliated with any other single entity, other than another charter school.

If the application envisions more than a 40% affiliation with a partner organization, the

proposal must so indicate and specifically request a waiver of that restriction as part of

Request No. 27.

Submit your response to Requests No. 4 as a Microsoft Word file named:Attachment 04 - Affiliated Corporations

Note: Additional information (e.g., proof of legal and tax-exempt status, etc.)should be submitted as an Adobe Acrobat file named:

Attachment 04 - Supplemental Data


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5(a). If the charter school would be operated in conjunction with a not-for-profit

management organization, please provide the name of such entity and specify in detail

the extent of the entitys participation in the management, governance and operation of

the school. As part of such discussion, please include the following:

A draft management contract or, at a minimum, a term sheet indicating the fees

proposed to be paid by the proposed school to the management company; the length

of the proposed contract; the terms for the contracts renewal; all provisions for

termination; and

Copies of the last two contracts that the entity has executed with operating

charter schools (in New York or other states) and, if applicable, the status of those

charter schools applications for tax-exempt status under section 501(c)(3) of the

Internal Revenue Code.

Please note the following guidance in responding to Request No. 5 (a):

If a school intends to contract for management services with a Charter Management

Organization, the organization must complete the Due Diligence Questionnaire and

include it with the rest of the application. The Questionnaire can be found at Appendix

B of this RFP and is also available for download on the Institutes website at:

http://www.newyorkcharters.org/openAppKit.htm.Further, as noted above in the

guidance to Request No. 6, the Institute may ask a proposed partner organization to

complete the questionnaire depending on the level of support/services it proposed to

provide.

Representatives from a management organization or partner organization may also be

asked to participate in the Institutes interview of the applicant team. Such a meeting

supplements the information provided by the entitys completion of the Institutes Due

Diligence Questionnaire. The purpose of the questionnaire and any subsequent meeting

is to determine the organizations capacity to provide programs/services to the proposed

school.

No more than two school trustees may be affiliated with not-for-profit charter

management organizations and one such trustees affiliation is limited to serving as

director of such entity. In order for two trustees to be affiliated with a not-for-profit

charter management organization, the minimum size of the school board must be seven,

and in order for one trustee to be so affiliated the minimum size of the school board must

be six. (The minimum size of a charter school board is five.)

If a person affiliated with such a not-for-profit entity serves on the school board, the

following restrictions shall apply and be contained in the School Corporations by-laws

(see Request No. 46):

http://www.newyorkcharters.org/openAppKit.htmhttp://www.newyorkcharters.org/openAppKit.htmhttp://www.newyorkcharters.org/openAppKit.htm

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Termination of the contract with the not-for-profit management organization

shall constitute cause for removal of such person(s) from the school board, and upon

such termination such person(s) may be removed from the school board by vote of

the school board provided there is a quorum of at least a majority of the entire

school board present at the meeting; andSuch person(s) shall not hold the offices of chair or treasurer of the school

board; and

When the school board has proper grounds to go into executive session

pursuant to the New York Open Meetings Law, and the school board is to discuss or

vote upon an issue related to the not-for-profit charter management organization or

the personnel of such organization, the school board may, after such person(s) has

had an opportunity to fully address the school board, continue such executive session

outside of the presence of such person(s); and

Such person(s) shall disclose the affiliation with the management entity each

time an issue before the board involves the management entity, and such persons

shall not vote on any matter involving the management entity. As the immediately

foregoing provision is part of the General Municipal Law restrictions on charter

schools, it need not be included in the by-laws.

Submit the term sheet required by Request No. 5(a) as a Microsoft Word file named:Attachment 05(a) - Affiliated Corporation Term Sheet

Submit the two management contracts required by Request No. 5(a) as an Adobe Acrobat (unlessthey are available in a Microsoft Word format) file named:

Attachment 05(a) - Affiliated Corporation Contracts

(b). Please explain in detail the relationship between the not-for-profit management

organization and the proposed new school trustees.

Submit your response to Request No. 5(b) as a Microsoft Word file named:Attachment 05(b) - Affiliated Corporation Relationship with proposed Board of Trustees

Academic Program Design

6(a). Provide a concise overview (discussion) of the proposed restructured charter schools

key design elements. Please explain how the design elements will allow the school toachieve its mission, including students with disabilities, students who are English

language learners, and students who are eligible to participate in the federal free and

reduced-price lunch program. The key design elements should allow the reader to

understand what students and teachers will experience in the school and how students

will learn. Key design elements will vary by school. However, some examples of

possible elements follow:


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Specific school focus on: particular subjects (such as math/science,

the arts);programs (such as college prep, vocational skills, International

Baccalaureate); or themes (such as technology, health sciences, sustainability).

Unique calendar or schedule (such as extended year and/or day,

use of semesters, trimesters, quarters, etc.)

Specific pedagogical approach (such as direct instruction,

collaborative team teaching, co-teaching, small-group instruction, project-based

learning, etc.)

School culture (such as a specific school culture model, discipline

system or character education program, etc.)

Staffing (such as certain types of teachers and other staff to be

employed, two teachers per classroom for specific grades, etc.)

Organization of the academic program (such as extendedliteracy/numeracy blocks, inter-disciplinary classes, ability grouping, etc.)

Assessment and its use (such as how student progress will be

measured and used to inform instruction, etc.)

Additional student supports/interventions (such as extracurricular activities and/or

after school programs, tutoring programs, academic counselors, mentors, etc.)

Please note the following in responding to Request No. 6 (a):

The strongest charter school applications are ones where all aspects of the proposed

charter school from staffing (including required areas of certification) and scheduling tofinances and facility are fully in alignment with and support the implementation of the

schools key design elements. Applicants should seek to develop an application where

there is continuity within and between program elements and no discrepancies between

the proposed academic program and the schools budget.

Submit your response to Request No. 6 (a) as a Microsoft Word file named:Attachment 06(a) - Key Design Elements

(b). Provide any research or examples of existing successful programs that provide evidence

that the schools proposed academic program design would be effective with the student

population the school intends to serve.

Please note the following in responding to Request No. 6 (b):

A strong presentation will include the presentation of multiple studies, if available, that

offer conclusive evidence that the schools educational program is likely to lead to

increased student learning and achievement with the schools student population.


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The applicant should be able to point to schools in which the program described has

been successful and to demonstrate that the same elements of that program will be in

place in the proposed charter school and that the student populations are similar.

Submit your response to Request No. 6 (b) as a Microsoft Word file named:

Attachment 06(b) - Key Design Research and Examples.Note: Supplemental research or other material may be submitted as an

Adobe Acrobat file named: Attachment 06(b) - Supplemental Materials

7(a). Provide a copy of the proposed schools calendar for its first year of operation. Specify:

Total number of days of instruction for the school year;

First and last day of classes;

Organization of the school year (i.e. semesters, trimesters, quarters, etc.),

especially important for schools that will ultimately include 9 th through 12th grades;

and All planned holidays and other days off, as well as planned half days.

Submit your responses to Request No. 7(a) as a Microsoft Word file named:Attachment 07(a) - School Calendar

(b). Provide a copy of the proposed weekly schedule, including:

The minimum number of hours the school will devote to core academic subjects

in each grade, i.e. English language arts, mathematics, science, and social studies,

and the total number of hours/minutes of instruction per week (exclusive of lunch,recess, study hall, etc.);

Length of the school day (including the approximate start and dismissal times of

the school day); and

Sample schedules for teachers and for students.

Please note the following requirements in responding to Requests Nos. 7(a) and 7(b):

Charter schools must provide at least as much instruction time during a school year

as required of other public schools ( 2851(2)(n)). In this regard, please note that public

schools are generally required to provide 180 days of instruction with the following

minimum hours of instruction per day:

2.5 hours per day for half- day kindergarten;

5 hours per day for full day kindergarten and grades 1-6, exclusive


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of lunch and recess time; and

5.5 hours per day for grades 7-12 exclusive of lunch time.

Accordingly, the minimum number of hours of instruction that a charter school can

provide in a year is 180 multiplied by the minimum number of required hours ofinstruction per day for the grade at issue. While a charter school need not, therefore,

provide instruction for a minimum number of days as a matter of law, any school

providing fewer days of instruction than the district in which it is located must provide a

compelling case for doing so.

If the application is approved, the proposed weekly schedule will be binding on

the school in the first school year in which the school provides instruction. However, the

school will have the discretion to (i) provide ten percent or ten (10) fewer days of

instruction, whichever is less, than that amount set forth in the proposal, and (ii)

lengthen the school day and school year as it deems necessary and appropriate so long

as the school provides timely notice to parents and the Institute of such changes, and

note such changes on the schools annual report.

If the restructured school will offer summer instruction in July and August,

please specify if the instruction will be for all students or only for students identified as in

need of additional academic support.

Submit your response to Request No. 7(b) as a Microsoft Word file named:Attachment 07(b) - Weekly Schedule

8. How will the educational program of the proposed restructured charter school increase

student achievement and decrease student achievement gaps in English language arts

and mathematics? Your response to this question must, at least, address the following:

How teachers will know what to teach and when to teach it;

The challenges faced in educating students who are not performing at, or above,

grade level;

Any diagnostic methods or instruments that will be used to identify and assess

student needs;

The interventions (instructional and/or others) and staff to be used in providingremediation or enrichment;

Specific instructional methods to be employed;

Resources devoted to ensuring high quality instruction is provided to students; and

How the proposed restructured charter school will establish and maintain a


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scholarly culture that supports learning and achievement, and who will be

responsible for guiding that process.

Please note the following requirements in responding to Requests No 8:

Throughout the current Accountability Period, the charter school in question has failed

to meet its key Accountability Plan goals of English language arts and mathematics. In

the last three years, the school has substantially underperformed its local community

school district and met only one of the required five measures once in both subjects.

Currently, the school is not meeting its science and social studies goals. According to

the states No Child Left Behind accountability system, the school is deemed to be in

good standing. A summary of the schools performance on the 2009-10 New York State

Testing Program exams in English language arts and mathematics is provide below for

your reference:

2009-10 English Language Arts:

Percentage of Students Scoring at Each

proficiency Level

2009-10 Mathematics:

Percentage of Students Scoring at Each

Proficiency LevelGrade Level 1 Level 2 Level 3 Level 4 Grade Level 1 Level 2 Level 3 Level 4

3 30.0 37.5 30.0 2.5 3 15.0 45.0 25.0 15.0

4 23.1 64.1 12.8 0.0 4 20.5 64.1 15.4 0.0

5 29.4 55.9 14.7 0.0 4 8.6 74.3 17.1 0.0

Request No. 8 is designed to permit you to expand and provide detail regarding the

methods you will use to identify and educate students at-risk of academic failure. In your

response to this Request, you should explain in detail the strategies/programs/tools that

you intend to use to provide remedial instruction/academic intervention services to

students at-risk of academic failure in order to permit them to meet or exceed theperformance standards of the proposed school and the Board of Regents. If you have

touched upon specific methods elsewhere in the proposal, you may refer the reader to

those sections of the proposal.

The response should indicate what steps you will have in place to better ensure the

program is rigorously and effectively implemented. As with all responses, your ability to

demonstrate that the full-cost of the programs you anticipate implementing are reflected

in the budget will strengthen your proposal.

If you have touched upon specific methods in the Key Design Elements, Curriculum and/or other

sections of the proposal, you may refer the reader to those sections as appropriate.

Submit your response to Request No. 8 as a Microsoft Word file named:Attachment 8 - Increasing Student Achievement

9. Describe how the restructured charter schools professional development program


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would assist teachers in meeting student academic needs and school goals by addressing

identified shortcomings in student learning and teacher pedagogical skill and content

knowledge.


In developing the restructured schools professional development program,

consideration should be given to:

ensuring that the proposed school will allocate sufficient resources to

support a comprehensive professional development program;

ensuring that the content of the program dovetails with the schools mission,

curriculum, instruction and assessment strategies;

ensuring that annual plans are derived from a school needs-assessment,

based on identified instructional weaknesses, teacher interests, and analyses of

student performance on assessments;

ensuring that the school earmarks effective, ongoing support and training for

novice teachers and teachers new to the school and/or teaching profession; and

ensuring that the professional development program is systematically

evaluated to determine its effectiveness.

Submit your response to Request No. 9 as a Microsoft Word file named:Attachment 09 - Professional Development Program

10. Discuss the proposed schools methods and strategies for identifying and serving

students with disabilities (child-find) in compliance with all federal laws and

regulations. In answering please describe:

The proposed restructured charter schools Response to Intervention (RTI) process;

The kinds and types of services and related services the restructured charter school

is likely to provide directly (as opposed to those that will be provided by the school

district of the students residency or through a third party contract); and

Personnel that would be devoted to serving students with disabilities (and the

significant administrative responsibilities associated with special education).


Your response to this request should be detailed and not reflect a generic policy/practice.

As a charter school is, for purposes of the Individuals with Disabilities Education Act


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(IDEA), a school within a local educational agency (LEA), i.e., a school within a school

district (or more than one school district if enrolled students with disabilities reside in

more than a single school district), the proposed restructured charter schools response

in terms of methods and strategies should be prefaced by a statement that all such

settings and services will be in compliance with the Individualized Education Programs(IEPs) of its students as determined by the district Committees on Special Education

(CSEs) to be in compliance with federal law.

A charter schools primary obligation is to work with the school districts to ensure that

services required by each identified or classified students Individualized Education

Program (IEP) are provided either at the charter school or in the district or some

combination thereof. While charter schools are not required to offer the full continuum

of special education placement options, a charter schools existence now depends on

serving similar percentages of students with disabilities as its district of location. If a

student requires programs or services that are not included in the design of the charterschools education program, the charter school could modify its program to include the

necessary programs/services (including the necessary staffing and concomitant budget

modifications), contract with a third party to provide the IEP required programs or

services, or ask the students district of residence to provide the programs/services. The

district is supposed to provide services in the charter school to the same extent as

provided to district schools. This, of course, has budget implications as well.

IDEA and the implementing federal regulations, 34 CFR 300 et seq, coupled with

subdivisions 2853(4)(a) and 2856(1) of the Education Law, make clear that it is the

responsibility of the committee on special education (CSE) of each students district ofresidence to conduct initial evaluations of students to determine whether they are eligible

to receive special education and related service after the parent or the charter school has

made a referral. It is also a CSEs responsibility to design, review and revise the IEPs

mandated by IDEA (with input from relevant school personnel) and to have in place the

due process procedures available to students and parents in connection with the above.

A charter school, upon notice to a students parents, may seek to have a childs IEP

reviewed, and possibly revised, by the CSE of the students district of residence, or to

have the childs status as a special education student re-evaluated by the CSE. Many

charter schools undertake a systematic effort to have students IEPs reviewed, believing

that in many instances the IEPs in place at the time that children are first enrolled in the

charter school are overly restrictive and do not maximize the childs ability to receive a

free and appropriate public education in the least restrictive environment. In your

answer, you should indicate if the school intends to undertake such a program and

describe in general terms the contours of such program. Please remember that such re-

evaluations are conducted by the CSE of the classified or identified students districts of

residence and not by the charter school. At the same time guidance from the State


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Education Department has stated that CSEs are supposed to take the unique settings,

class ratios and other programmatic elements of charter schools into account in

structuring an IEP that could allow the student to remain in the charter school.

The federal regulations implementing the IDEA, 34 CFR 300 et seq., are available

online at:http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2C.

Additional information regarding charter schools and special education services is

available at:http://www.emsc.nysed.gov/psc/specialed.html.

Submit your response to Request No. 10 as a Microsoft Word file named:Attachment 10 - Special Education Overview

11. Provide a description of the program design, methods and strategies for serving and

retaining students who are English Language Learners (ELLs) in accordance with

federal law, including Title VI of the Civil Rights Act of 1964, the Equal Educational

Opportunities Act of 1974, applicable provisions of the No Child Left Behind Act of

2001 (including sections 301 and 1112(g)) and federal case law. Such description must

include the following elements:

Process for the identification and placement of students whose first language is

not English and the methods for determining the kinds of assistance that these

students may need;

Manner in which the applicant will ensure that students who are ELLs are not

misplaced or tracked inappropriately in other classes (including those programs or

classes designed to serve students with disabilities); and

Description of the educational soundness of the program model pursuant to

which students who are ELLs will be provided services, including the authorities

upon which the applicant relies to demonstrate that the program is likely to meet

the educational needs of all students who are ELLs.

Description of the planned implementation of the program model, including

information regarding the allocation of resources to the service of all students who

are ELLs including:

- Description of how staff, curricular materials, and facilities will be used;

-Description of exit criteria and related objective assessment instruments and

subjective methods that will ensure the appropriate student placement and

monitoring of a students progress over time;

- Statement that affirms that students who are ELLs will not be excluded

categorically from curricular and extra-curricular activities because of an

inability to speak and understand English;

http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2Chttp://www.emsc.nysed.gov/psc/specialed.htmlhttp://www.emsc.nysed.gov/psc/specialed.htmlhttp://www.emsc.nysed.gov/psc/specialed.htmlhttp://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2Chttp://www.emsc.nysed.gov/psc/specialed.html

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- Description of the planned evaluation of the program model over time, including

the identification of benchmarks of success (and the corresponding bases for

their establishment);

- Uses of standardized and other assessments; and

-The related disaggregation of data that will facilitate a program review and the

measurement of progress of those students who are ELLs over time.


For the legal requirements regarding the provision of instruction to students who are

ELLs, you may wish to review the following publications of the USDOEs Office for Civil

Rights: Policy Update on Schools Obligations Toward National Origin Minority

Students With Limited-English Proficiency (LEP students), September 27, 1991;

Office for Civil Rights Policy Regarding the Treatment of National Origin Minority

Students Who Are Limited English Proficient, April 6, 1990 (and attaching The Office

for Civil Rights Title VI Language Minority Compliance Procedures, issued originallyDecember 3, 1985); and Identification of Discrimination and Denial of Services On the

Basis of National Origin, May 25, 1970. Each of these publications is available at:

http://www2.ed.gov/about/offices/list/ocr/docs/laumemos.html

Please be aware that charter schools do not have to follow Part 154 of the

Regulations of the Commissioner of Education (8 N.Y.C.R.R.. Part 154) unless they are

receiving funds pursuant to those regulations. The New York State Education

Departments technical assistance document, which includes a section regarding English

Language Learners, is available at the following link. Feel free to refer to it and use

information as you deem appropriate:http://www.emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdf.

The States process for identifying students who are English language learners is

outlined below:

The process begins with the Home Language Questionnaires to screen all

new entrants to New York State schools for potential limited English proficiency.

If the Home language is other than English or Students native language is

other than English, then appropriate school staff should conduct an informal

interview in the students native language andEnglish.

If a student speaks a language other than English and speaks little or no

English, then the school should administer the Language Assessment Battery-Revised

(LAB-R). A score below the designated cut score for the child determines eligibility

for ESL or bilingual services. The LAB-R is administered only once to each

incoming student.

The States exit criteria for students who are English language learners are outlined

below:

http://www2.ed.gov/about/offices/list/ocr/docs/laumemos.htmlhttp://www.emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdfhttp://www.emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdfhttp://www.emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdfhttp://www2.ed.gov/about/offices/list/ocr/docs/laumemos.htmlhttp://www.emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdfhttp://www.emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdf

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Student achievement or progress in the English language is measured

annually with the New York State English as a Second Language Achievement Test

(NYSESLAT). The scores on the NYSESLAT indicate the proficiency level

(Beginning, Intermediate, or Advanced) the student has achieved each year, and

whether or not the students level of English is high enough to exit the ESL orbilingual program. Additional information regarding the NYSESLAT is available at:

http://www.emsc.nysed.gov/osa/nyseslat/.

For additional information regarding the provision of instruction for students who are

ELLs, the new ESL standards document, The Teaching of Language Arts to Limited

English Proficient/ English Language Learners: Learning Standards for English as a

Second Language, is available online and may be downloaded from the State Education

Departments ESL/Bilingual Education website at: http://www.emsc.nysed.gov/

biling/resource/ESL/standards.html. You may find this document useful; however, it

should be used with caution as it references the Commissioners regulations, with which

a charter school need not comply.

Submit your response to Request No. 11 as a Microsoft Word file named:Attachment 11 - Serving ELL Students

12(a). Provide evidence that the proposed restructured schools curriculum would allow

students to meet or exceed the performance standards currently established by the

Board of Regents.

Submit curriculum materials (see template on the Institutes website at:

http://www.newyorkcharters.org/openAppKit.htm ) for all grade levels for which theproposed school would be authorized to provide instruction in each of the four core

content areas: English language arts, mathematics, science and social studies (despite

the Board of Regents recent determination to not administer the 5th and 8th grade state

exams in social studies). In addition, for all grades, the applicant must provide a

description of the curriculum in any other content area in which the school would

provide instruction, e.g., art, music, foreign language.

The curriculum materials should be preceded by the appropriate list of state standards.

The curriculum should also include a key or explanation of the documents

organization, and should include a list of source documents for any references used in

the curriculum itself. Given that curricular materials tend to be large documents, a

table of contents would also be helpful.

Please note the following in responding to Request No. 12 (a):

Education Law subdivision 2851(2)(b) mandates that the schools educational program

allow students to meet or exceed the student performance standards set by the Board of

http://www.emsc.nysed.gov/osa/nyseslat/http://www.emsc.nysed.gov/biling/resource/ESL/standards.htmlhttp://www.emsc.nysed.gov/biling/resource/ESL/standards.htmlhttp://www.emsc.nysed.gov/biling/resource/ESL/standards.htmlhttp://www.newyorkcharters.org/openAppKit.htmhttp://www.emsc.nysed.gov/osa/nyseslat/http://www.emsc.nysed.gov/biling/resource/ESL/standards.htmlhttp://www.emsc.nysed.gov/biling/resource/ESL/standards.htmlhttp://www.newyorkcharters.org/openAppKit.htm

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Regents. To demonstrate that the proposed schools educational program would meet

that standard, Request No. 16 (a) requires you to make two separate but interrelated

presentations.

First, you are required to set out the proposed schools specific curriculum. In laying

out the curriculum, you must provide the relevant New York State curriculum

components, i.e. key ideas, content and process strands (where appropriate),

performance indicators, and/or any other component(s) of the states core curriculum.

In addition, you must provide formal and informal assessments. You may also add any

local standards with related performance indicators and assessments. Second, you must

demonstrate that the curriculum the proposed school would employ would enable your

students to meet the Board of Regents established performance standards, i.e., students

in grades 3-8 would be capable of scoring a 3 or 4 on the States assessments. The

State Learning Standards that correlate to the Regents assessments are in the following

areas: English Language Arts; Mathematics; Science; and Social Studies. For yourreference, all 28 State Learning Standards are available at:

http://www.emsc.nysed.gov/ciai/pub/standards.pdf.

The State Education Department and the Institute disagree on whether the Act

requires the education program of a charter school to meet the States performance

standards or the learning standards. It is the Institutes position that a charter

schools program need only provide instruction in those content areas covered by a state

assessment, and need not provide instruction in the other learning standards areas for

which there are learning standards but no state assessments. The State Learning

Standards Areas that currently have no related assessment (and therefore no

performance standards) are in the areas of: the Arts; Career Development and

Occupational Studies; Health, Physical Education, Family and Consumer Sciences; and,

Technology Education. An asses

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