Charter Schools Institute State University of

ROOSEVELT CHILDREN'S ACADEMY CHARTER SCHOOL

FINAL CHARTERED AGREEMENT Sec. 2852(5) Submission to the Board of Regents VOLUME L/ OF

REDACTED COP

74 North Pearl Street, 4th Floor, Albany, NY 12207 tel: (518) 433-8277 fax: (518) 427-6510 e-mail: [email protected] www. newyorkcharters. org uuu. 1

/^ ^ T Charter Schools Institute State University of blew York INNOVATIVE PROGRAM JEEB 0 4 2000 ROOSEVELT CHILDREN'S ACADEMY CHARTER SCHOOL

Section 2852(5) Submission to the Board of Regents

330 BKOAIWAY I AI.IIANV NY 12207 ; PHONE: 518-443-50! 1 I Fax: 518-443-5227 UUi

Charter Schools Institute State University of New York

330 BROADWAY ROBERT J. BELLAI^ >KI ALBANY, NY 12207 EXECUTIVE DiRanui PHONE: 518-443-5011 Fax:518-443-5227 www.newyorkcharters.org February 4,2000

Ms. Darlene Mengel Associate Office of Innovative Programs State Education Department 464 ERA Albany, NY 12234

§ 2852(5") submission to the Board of Regents

Dear Ms

Pursuant to subdivision 2852(5) of the Education Law, the Charter Schools Institute, acting on behalf of the Board of Trustees of the State University of New York, hereby makes its submission to the Board of Regents for the following fourteen proposed charter schools.

Amber Charter School Bronx Preparatory Charter School Central New York Charter School for Math and Science Charter School for Science and Technology Child Development of the Hamptons Charter School Community Partnership Charter School Eugenio Maria de Hostos Charter School Harbor Science & Arts Charter School International Charter School of Schenectady King Center Charter School Merrick Academy Charter School Rochester Leadership Charter School Roosevelt Children's Academy Charter School South Buffalo Charter School ^

Ivls^Darlenelv^engel ^ebruary^,^^ ^age^

^he submissionfor each application, consistent with the practice ofthe^tate Education Department, consists ofabinderandappendedmaterials organized asfollows^

1^ ^n executed transmittalform, placed at thefront of the binder

^ ^fen copies ofthe proposed charter, the application and supporting documentation ^ne copy ofthe proposed charter has been included at^fabl ofthe binders the othernine copies are appended separated ^he ten copies of each application were delivered to you under separate coveryesterday morning and should be included as part ofthe instant submission ^ny revision to the application received after the application had been copied are setforthat^fab^^en copies ofthe supporting material^which is identical for each applications are also provided^ one copy ofsuch material has been included in each submission binder at^ab^

3^ written comment that the institute has receivedfrom the school district in which the charter school is proposed to be located is setforthat^ab^ mthe interest of completeness, pertinent responses,from the applicant or otherwise, are also provided^

^ Evidence ofnotification to the school district in which the charter school is proposed to be sited is setforthat^ab^

^ Evidence ofnotification to public and non^public schools in the geographic vicinity of the proposed charter school is setforthat^ab^

In addition to the above materials, it is ^tate Education Department practice to requestadeterminationfrom the charter entity that each submitted application does not involve the conversion ofaprivate school m this regard, please be advised that the trustees, having considered the applicable statutory factors, setforth at subdivision ^^^, and having conducted, or caused to be conducted, any necessary inquiry or investigation, are satisfied that none ofthe submitted applications involves the conversion ofaprivate school

l^astly,pursuant to subdivision ^^^, fingerprint checks have been completed to the satisfaction ofthe ^rusteesfor all applicants of thefollowing applications^

^mber charter school ^ron^ preparatory charter school central ^ew^or^ charter school ^or^ath and science UU-

Ms. Darlene Mengel February 4,2000 Page 3

Charter School for Science and Technology Child Development of the Hamptons Charter School Community Partnership Charter School1 Eugenio Maria de Hostos Charter School Harbor Science & Arts Charter School Merrick Academy Charter School Rochester Leadership Charter School Roosevelt Children's Academy Charter School South Buffalo Charter School*

Due to the extremely compressed time schedule imposed by the Charter Schools Act, and logistical difficulties resulting therefrom, fingerprint checks are still ongoing as to certain applicants for the Bronx Preparatory Charter School, International Charter School of Schenectady, and the King Center Charter School. We will update you on these two applications shortly.

Lastly, we look forward to working closely with the Board of Regents and the Education Department during this phase of the process. Please be assured that Institute staff will be made available to you at any time.

Most of all, we look forward to moving forth with a new class of charter schools that will help improve public education for all New York's school children.

Sincerely, L Robert J. Bellafiore

1 Please note that Don Campbell and Elizabeth Shlala have withdrawn as applicants; accordingly they did not execute the proposed charter for the Community Partnership Charter School, and the Charter Schools Institute did not cause a fingerprint check to be conducted.

2 Please note that Janene M. De Jesus has withdrawn as an applicant; accordingly she did not execute the proposed charter for the South Buffalo Charter School, and the Charter Schools Institute did not cause a fingerprint check to be conducted. UUu

CHARTER SCHOOLS TRANSMITTAL FORM FOR APPROVED CHARTER SCHOOL APPLICATIONS

Name of Charter School: ROOSEVELT CHILDREN'S ACADEMY CHARTER SCHOOL

DIRECTIONS TO CHARTER ENTITIES

When submitting a proposed charter to the Board of Regents, please provide the following:

1. Ten copies of the proposed charter, the application, and supporting documentation. 2. Evidence that the entity has notified the school district of the application, the district's right to comment, and the district's right to hold a public hearing. 3. Comments the entity has received from the school district. 4. Evidence that the entity has notified public and nonpublic schools in the same geographic area as the proposed charter school. 5. Evidence that the entity has determined that the application does not involve the conversion of an existing private school. 6. Evidence that the entity has obtained a criminal records check based on the fingerprints of each individual applicant named in the charter school application.

ASSURANCES

a. The charter school described in the application meets the requirements of Article 56 and all other applicable laws, rules, and regulations; b. The applicant has the ability to operate the school in an educationally and fiscally sound manner; and c. Granting the application is likely to improve student learning and achievement and materially further the purposes of §2850(2) of Article 56.

Robert J. Bellafiore f1*1** Ch '&^^fA ~i Print Name SimSignature

Check one:

• President, Board of Education of Print School District • Chancellor, New York City Schools ' •

• Chair, SUNY Board of Trustees (Designee)

Please complete this sheet and attach it as the transmittal page for an approved charter. Submit to:

Office of Innovative Programs State Education Department 464 EBA Albany, NY 12234 UUL

Table of Contents

1) Proposed Charter

2) Submissions not included in original application

3) -Supporting Material

a) Biographies of Review Panelists b) Application Review Criteria - Issues to Consider c) Application Review Worksheet and Summary of Recommendations d) Charter School Application Review and Approval Process

4) Comments Received from School District

5) Evidence of Notification to School Districts

a) July 15, 1999 b) January 27, 2000

6) Evidence of Notification to Public and Non-Public Schools

a) September 3 & 8, 1999 b) January 27,2000 UOw 7 Uu\ 8

CHARTER

DATED AS OF FEBRUARY 1, 2000

BETWEEN

BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK

AND

APPLICANT(S)FORTHE ROOSEVELT CHILDREN'S ACADEMY CHARTER SCHOOL ^

T^^IEOFCONTENTS P^^ SECTIONS ESTA8LISHMENTOFSCHOOL II Charter ^ 1^ Effective L^ate;Term ^ 1^ Prior Actions ^ 1^ New Information ^ 1^ Location ano^ Facility ^ 1^ Change ofLocation ^

SECTIONS OPERATIONOFSCHOOL ^ ^1 Mission Statement ^ Age; Ora^e Range; N^imberofSm^ents ^ Admission ^ Student Learning ano^ Achievement ^ E^al^ationofP^pils ^ C^irric^l^m ^ ^ ^7 School Calendar; Hot^rsofOperation ^ disciplinary Co^e ^ Nonsectarian States ^ ^1^ Co^eofEthics ^ ^11 Non^iscrimination ^ ^ Oo^emance ^ ^1^ Partnership withaManagement Company ^ ^1^ Parental Involvement ^ St^entTransportation ^ ^1^ Health Services 7 ^17 Foo^I Services 7 ^1^ F^O^LL^an^I Open Meetings Law 7 ^1^ Compliance with Other Applicable Laws 7

SECTIONS SPECIALISATION ^1 Provision ofSer^ices ^ 7 Funding ofSer^ices 7

SECTION^^ PERSONNEL ^1 States 7 Personnel Policies; StaffResponsihilities 7 Instructional Propers 7 8acl^gro^n^ Checks ^ Collective bargaining ^ Pension Payments ^

SECTIONS FINANCIAL OPERATIONSOFSCHOOL ^1 Management an^I Financial Controls ^ Financial Statements; Interim Reports; ^ ^3 A^its ^ u 10

Ease

5.4 Fiscal Year 9 5.5 Annual Budget and Cash Flow Projections 10 5.6 Funding Procedure 10 5.7 Exemption from Taxation 10 5.8 Collateral for Debt 10 5.9 Tuition and Fees 10 5.10 Outside Funding 10 5.11 Maintenance of Corporate Status; Tax Exemptions 10 5.12 Insurance 10

SECTION 6. REPORTS 6.1 Annual Reports 11 6.2 Oversight Plan 12

SECTION 7. OTHER CONVENANTS AND WARRANTIES 7.1 Compliance with Laws and Regulations 12 7.2 Transactions with Affiliates 12

SECTION 8. RENEWAL AND TERMINATION 8.1 Renewal Notice 13 8.2 Approval or Denial of Renewal 13 8.3 Grounds for Termination or Revocation 13 8.4 Notice and Procedures 13 8.5 Dissolution 14

SECTION 9. MISCELLANEOUS 9.1 Disclaimer of Liability 14 9.2 Governing Law 14 9.3 Waiver 14 9.4 Counterparts; Signature by Facsimile 14 9.5 Terms and Conditions of Application 15 9.6 Revision 15 9.7 Assignment 15 9.8 Notices 15 9.9 Severability 15 9.10 Entire Charter 16 9.11 Construction „ 16 Uu, 11

EXHIBITS

EXHIBIT A - Application EXHIBIT B - Oversight Plan

in uo. 12

TARF F OF DF.FINITIONS

Eags "Trustees" "School".. "Act" "Application". "Institute" "Regents" "School Corporation' "Oversight Plan" 2 "Charter" -. 2 "Effective Date" 2 "Prior Actions" 2 "New Information".. 2 "School Facility" 3 "Facility Agreement" 3 "Permits" 3 "Projected Enrollment" 4 "School Board" 5 "By-laws" 5 "Management Company" 6 "Management Contract" 6 "Commissioner" 8 "Initial Statement" 8 "Annual Report" 11 "Accountability Plan" 12 "Monitoring Plan" 12 "Renewal Application" 13

Chancr Tible of Coottna * Dcfiiiiuona - UpUml J/WO

IV ^ ^

CHARTER

This agreement is executed on thisl^ day of February, 2000 by and between the Board of TrusteesoftheStatel^niversity of ^ew^or^^the^T^s^e^and Robert Francis ^the ^App^cant^s^ to establish and operate the Roosevelt ^hildren^sAcademy charter School ^the ^School^, an independentpublic school underthel^ew^orl^^harterSchools Act ofl^^^

W^T^ESSETH^

WHEREAS, the State of ^ew^orl^ enacted the r^ew^orl^ charter Schools Act of 1^^ as Article^oftheEducation^aw,effectiveOecemberl^,l^^^the^Ac^

WHEREAS, pursuant to section 2^^2 of the Act, theTrustees have the authority to approve applications to establish charter schools in the State of l^ew^orl^ and thereafter to enter into agreements with applicants settingforth the terms and conditions under whichacharter school is to operate, such agreements until issued in finalform to be l^nown as proposed charters^

WHEREAS, the Applicants submitted to theTrustees an applicationfor establishment ofa charter school pursuant to section 2^1 of the Act ^as modified and supplemented, the ^App^cation^

WHEREAS, theTrustees have ^i^ determined that the Application satisfies the requirements set forth in subdivision 2^2^ of the Act and disapproved the Application, sub^ectto the Applicants meeting the conditions that are required by the Act and by the charter Schools Institute actingforthe Trustees through its president or Executive Oirector^the^nstit^e^

WHEREAS, pursuant to the Act, the Board ofRegents^the^Re^n^ are authorised to issuea proposed charter asaprovisional charter and incorporate an education corporation to establish and operateacharter schools r^^W^THEREE^RE, in consideration of the mutual covenants, representations, warranties and agreements contained herein, the parties hereby agree asfollows^

SE^^^^^ESTABE^SHl^Er^T^ES^H^^E

1^1^ ^harter^ ^Ipon and subject to its issuance by the Regents, andpursuant to the terms and procedures setforth at subdivision 2^2^ of the Act,aprovisional charter is hereby authorised and granted to the Applicants on behalf and solely for the benefit of the educationcorporationtobe incorporatedby the Regents^the^Sc^oo^o^p^at^n^, which, ^ ^

pursuant thereto, v^ill be authorised to establish, organise and operate the School in accordance ^vith the Act and the terms and conditions of the provisional charter. This agreement, the Application, v^hich is incorporatedhereinandattachedheretoas^^bibitA, and theoversightplan, attachedtothisagreementas^^ibit8^me^ve^ht^an^,shall constitute, uponitsissuance, the provisional charter^the^Cha^ter^andshall be binding on the School Corporation.

1^2 effective ^ate^Term.TheChartershallta^eeffectu^on its issuancebythe regents ^the effective ^ate^sub^ect, however, to any limitations imposed herein, and shall empire five^yearsfrom me effective Oate, unless earlierterminatedorrene^vedpursuanttothe terms hereof, notwithstanding the above, it is understood that prior to the effective Oate, the Charter is subject to modification orabandonmentpursuant to subdivision 2^2^^ ofthe Act. ^tisfurtherunderstoodmatpriorto me effective ^ate,modifications to theCharter,sub^ectto the consent ofthe Applicants, may result asaconsequence of comments receivedfrom the entities set forth in subdivision 2^7^ofthe Act.

1.3 Prior Actions Paragraph 1.2 hereof notwithstanding, the School Corporation shall not provide instruction to any student, and shall not be eligible to receive funds from the local school districtasprovided in section 2^^ ofthe Act, until and unless the Trustees issueav^ritten statement to the School,^vithacopy to the regents, attesting to the School Corporation having completed all orsubstantially all of the Prior Actions setforth in Section^of the Oversight Plan^the^^orAct^ons^ to the satisfaction of the Trustees ^vith such conditions as they may require. Upon such confirmation, the restrictions on the Charter School Corporation set forth inthe immediately foregoing sentence shallbeofno farther force andeffect. notwithstanding theforegoing, in the event that the School Corporation is unable to ta^e and complete the Prior Actions to the satisfaction of the Trustees priortothe21^dayofSeptemberof the year immediately succeedingtheyearin^vhich the Charterbecomes effective, the Chartershall be deemed to be void abinitio. moreover, notwithstanding anything to the contrary in this paragraph, the Prior Actions are in addition to any other condition set forth in the Charter orthe Act.

1B4 ^e^vmformation.The School Coloration ^h^ll not p^ovid^i^^^^tio^t^ any student and shall not be eligible to receive funds from the local school district as provided in section 2^^^ of the Act in the event that^the Trustees receive information after the date on ^vhich the Charter is executed ^vhich provides substantial reason to believe that either^the application contains material misstatements or omissions offactor^the School Corporation andBor any entity ^vith^vhich the SchoolCorporation intends to contract to provide day^to^day managementofthe School,is unable to oversee andoperatethe School ina fiscally and educationally sound manner consistent ^vith the terms of the Charter and the Act and all other applicable la^s^the^e^v^nf^^mation^and^the Trustees, acting on the ^e^v information, issuein^vritingtotheSchoolCorporationastatement setting forth in particular the ^e^v Information andthereasons^vhy the SchoolCorporationshallnotbepermittedto provide instruction orreceive the publicfunds contemplated underthe Act. Upon appropriate shoeing by the SchoolCorporation,theTrustees may ^Bithdra^v such statement and permit the School Corporation to provide instruction to students and to receive public funds contemplated underthe

2 ^^ ^5

Act. In the event that the^Frustees issue the statement described by this paragraph prior to Dccember^loftheyearthatthe^harterbecomes effective, andsuch statement is not withdrawn by the trustees on or before September^loftheyearimmediatelysucceedingtheyearin which the charter becomes effective, the charter shall be deemed to be void a^^mfi^. It shall be the ongoing obligation oftheApplicant^s^until the effective Date^and the School ^orporation^upon and afterthe effective Date^to provide to the trustees in writing any ^ew Information of which it is in, or comes into, possession.

1.5 locationandFacilitv.^heedificein which the School is to be locatedshall be knownas the school facility ^the^Scnoo^^c^y^.Atits inception the School Facilityshall be at the address identified in the Application, or if no address is identified, in such other appropriate building within the Roosevelt Union Free School District. Priorto June 15ofthe year that the charter becomes effective, the School corporation shall have^enteredintoalease, purchase agreement or other such agreement^the^^c^yA^ee^e^^underwhich the School will have all rights and permission as are necessary to operate as aschoolintheSchoolFacility according to the plan set forth in the Application, and^provided to the ^Frusteesacopy of the Facility Agreement andadetailed schedule setting forth the steps necessary to make the School Facility readyfor commencement ofinstruction and the dates upon which steps will be completed. ^Fhe schedule shall indicate any and all permits and licenses required to be obtained priorto the School corporation being legally able to operate the School in the School Facility ^including but not limited toacertificate of occupancy^collectively the ^Pe^^^ts^ with the dates on which each such Pet^mit shall be obtained,aconstruction timeline ^ifapplicable^and an updated budgetforall costs associated with preparing the School Facility for occupancy. ^Fhe School corporation shall take such actions as are necessary to ensure that the Facility Agreement and Permits are valid and inforce at all times that the charter is in effect, ^n the event thataFacility Agreement is not in place by June 15of the year ofin which the ^harteris to be first effective, the School corporation may not commence instruction orreceivethefunds to which it is otherwise entitled under Section ^^5^ of the Act until June 15of the succeeding year,sub^ect, however, to having entered intoa Facility Agreement by such date and having met all other conditions applicable underthe charter or the Act. notwithstanding the immediatelyforegoing sentence, the^Frustees may waive the restriction contained therein upon good cause shown and extend the date upon which the Facility Agreement would be otherwise due.

1.^ change of^ocation.^Fhe School may change its physical location ^r^b^i^ additional facilities within the same local school district provided that the School corporation obtains the Permits as are required by paragraph 1.5,as well as satisfies the provisions ofthe Act, including but not limited to subdivision ^5^1^!^, and provided further that^the School corporation notifies the ^Fr^istees and the Regents ofthe proposed change in location oraddition offacilities not less than si^ty^^ days prior totaking any final action in connection therewith^ and^the trustees do not issueadenial to the School corporation within thirty ^O^daysofits receipt of such notification. ^Fhe^Frustees may issueadenialonlyfor good cause. Afailureto provide the ^Frtistees and tbe Regents with the notice period required by this paragraph and all material terms regarding the lease and purchase of the new proposedfacilitysi^ty^^ days prior to executing such agreement shall constitute good cause. ^ ^

s^c^o^^o^^^o^o^sc^^o^

^1 mission Statement^^fhe School Coroorationshall operate underthermssion statement setforth in the application

^ ^^e^Crade^an^e^umberofStudents^ ^he School Corporation shall provide instruction to pupils in such grades and numbers in each year ofoperation under the Charter as described in the application, provided thatthe School Corporation, upon making all reasonable efforts to recruit students, may enrollalesser or greaternumber of students in each grade without being deemed inmaterial breach oftheCharter^otwithstandingtheforegoing sentence, the School Corporation must obtain priorwritten approval from the trustees priorto(^)enrolling any student, who, if enrolled, would cause the School'stotalenrollmentto exceed the projected enrollment ofthe Schoolfor that academic year(as set forth in the application) (the ^^ected^nro^me^) by more man fifteen percent(15%)or(B)commencingorcontinuing instruction where the total number of students enrolled is less than eighty^five percent (^5%)ofthe projected enrollment orthe total enrollment is less than fifty(5^)students^

^ ^dmissionD ^ny child who is qualified under the laws of^ew^or^ for admission toapublic school is o^ualifiedforadmission to the School admission ofstudents to the School shall not be limited on the basis ofintellectualability,measures of achievement oraptitude, athletic ability,disability,race, creed, gender, national origin, religion, or ancestry,provided that nothing in the Charter shall be construed to prevent the establishment ofasingle^sexcharterschool oracharter school designed to provide expanded learning opportunities for students at^s^ of academic failure, as may be provided for in the application ^fthere are more eligible applicants for enrollment inaparticular grade than there are spaces available, applicantsfor such spaces shall be selectedfor enrollment byarandom selection process^^ot^vithstanding the above, an enrollment preference shallbe provided to pupils returning to the Charter Schoolinthe second or any subsequent year ofoperation, unless expelled for cause, pupils residing in the school district where the School is located, and siblings ofpupils enrolled in the School^he School Corporation may refuse admission to any student who has been expelled or suspendedfromapublic school until such period of suspension or expulsion has expired, consistent with the requirements of due process^ additional admission policies and withdrawal procedures shall be implemented as setforth in the application ^he trustees, uponafinding that the outreach and marketing measures tal^enhythe SchoolCorporation are inconsistent with such measures as are outlined in the application or required bylawsmay require the School Corporation total^e remedial action, including^hut not limited to requiring the School Corporation toextenditsenrollmentperiod, delay orvoid its random selection process, and^or conduct further specified outreach and marketing steps^

^ Student l^eamin^ and achievement ^he School Corporation shall implement the educational programs setforth in the application in order to allow the students to meet or exceed the performance standards setforth in the application ^he educational programs oftheSchoolshall be designed to meet orexceedthestudentperformancestandardsadoptedhythe ^egents^

^ ^ 17

^ evaluation of ^upils.The School corporation shall implement student assessment requirements applicable to other public schools, except as otherwise specifically provided in the B^ctand administer regents examinations to the same extentsuchexaminationsare required of other public school students. In addition, the School shall supplement the above assessment tools with the otherassessment tools, if any,setforth in the application.

^ curriculum The curriculum established by the School shall be consistent with the model curriculum setforth in the application and shall address all ^ew^orl^ State achievement standards. The ^hat^ter School corporation shall have the right to mal^e reasonable modifications to such curriculum in order to permit the School to meet its educational goals and student achievement standards.

^7 School ^alendar^oursof^peration.Thedavsandhoursofoperationofthe School shall be as set forth in the application andinno event shall the School provide less instructional time duringaschoolyearthan is required of otherpublic schools.

^ disciplinary ^ode. The School corporation shall implement the rules and proceduresfordiscipline,includingguidelinesfor suspension and expulsion, set forth in the application. The rules and proceduresshall be consistent with the requirements of due processand withfederal laws and regulations governing the placement of students with disabilities including but not limited to the individuals with disabilities education ^ct and ^^^.^.^..^00.

^ l^onsectarian Status. The School shall be nonsectarian in its programs, admissions policies, employment practices and all other operations. The School ^orporationshall insure that the School is not wholly or in part under the control or direction of any religious denomination and that no denominational tenet or doctrine shall be taught.

^.1^ ^o^e^f^h^.The School corporation, its trustees, officers and employees shall be guided by the code of ethics of the School setforth in the application, and the School corporation shall disseminate the code in writtenform to its trustees, officers and employees.

^.11 l^on^discrimination. The School corporation shall not discriminate against any student, employee or any other person on the basis of ethnicity,national origin, gender, or disability or any other ground that would be unlawful if done by any otherpublic school.

^1^ governance The School corporation shallformaBoardofTrusteesofthe School ^orporation^the^Scho^lB^a^d^whichshall, during the one yearperiod from thetimethat this ^harteris declared effective, consist of the individuals specifically identified as proposedboard members in the application togetherwith such other additional members thatare duly electedand appointed^ll individuals elected or appointed to the School Board shall possess the qualifications forsuch position as are setforth in the ^pplication.The School Board shall operate pursuantto the bylaws ^the^By^aws^and other rules and procedures as such are setforth in the application, including but not limited to the term ofoffice permitted, qualifications required of school trustees and the provisionsforthe election and appointment of newmembers.The School Boardshall duly ratify the Bylaws within fifteen days of the effective Oate. The School Board shall have final ^^ ^

authorityforpolicyand operational decisionsoftheschool though nothingshall present the School ^oardfromdelegating decision-making authority to officers and employees ofthe School Corporation notwithstanding any provision to the contrary in the Charter, in the e^ent that the Applicant(s)has^ha^esubmittedtheApplicationincon^unctionwithacollege,uni^ersity,museum, educational institution or not-for-profit corporation, then the School 8oard shall include noting members ofwhom at least twenty percent (not including remainders) are not directors, officers, employees, agents or otherwise affiliated with such entity^ in the e^ent that the Applicant(s) has^a^e submitted the Application in conjunction withafbr-profitbusinessorcorporateentity,then directors, officers, employees, agents or individuals otherwise affiliated with such entity shall not compriseama^ority of the members, noting and non-noting, of the School ^oard^

^13 ^artnershipwitha^ana^ementCompan^^othee^tentthattheAoolication contemplates entering intoacontract with any entity(whetherfor-profit or not-for-profit), under which such entity will provide all orasubstantial portion ofthe services necessary to manage and operate the School, then the School Corporationshall, by ^uly 1,^000, enter intoalegally binding and enforceableagreement withsuchentity namedinthe Application(the ^^anageme^t Compa^y^)inaform substantially similarto that contained in the Application (^the^^anageme^t Con^ac^ ^hel^anagement Contract shall set forth withparticularityi^te^a^,(A) me contingent obligations and responsibilities of each party in the e^ent that the contract must be modified in orderto maintain the School Corporation'sstatusunderfederal law asa501(c)(3) entity and (^)the extent of the management Company'sparticipation in the organisation, operation and governance oftheSchool^en(lO) days priortoentering into the management Contract, the School Corporation shall pro^ideacopy of the management Contract infinal form to the trustees for its review and comment ^fhe School Corporationshall not enterinto any contract for comprehensive school management services to be performed in substantial part by any other entity not identified as such in the Application without receiving priorwritten approval from the ^frustees^ ^fothe extent that the application contemplates that the School Corporation was to be operated with the assistance ofa^anagementCompanyundera^anagement Contract, the School Corporation shall obtain the prior written approval of the^frustees prior to operating the School without such management Company'sassistance^

^1^ parental m^ol^ement ^fhe School Corporation shall tal^e such steps and implement suchprocessesasaredescribedintheApplicationtopromoteparentaland staff involvement in school governances

^15 Student^ransportation^^fhe School Corporation shall meetthe transportation needs of students ineligible for transportation pursuant to section 3^35 of the education ^aw as provided in the Application ^he School Corporation may contract withaschool district forme provision of supplemental transportation services ^o the School All transportation provided byme School Corporation shall comply with all safety laws and regulations applicable to other public schools^^otwithstanding the abo^e, the School Corporation'sfailure to provide such supplemental transportation as is contemplated in the Application, where such transportation was to be prodded by contract with the school district, shall^not be deemedamaterial or substantial violation ofme Charter, where the School Corporation has attempted to negotiate such contract in goodfaith with the applicable school district m such e^ent,the trustees may require the School Corporation to ^ ^

provide the contemplated supplemental transportation services bv alternate means if such means would be reasonable underthe circumstances.

2.1^ health services The school corporation shall provide all such health services as are setforth in the Application or otherwise required bv law.

2.17 ^ood services. The school corporation shall provide thefood services set forth in the Application.

2.1^ ^^.l^and^penl^eetin^s^aw.The school ^omorationshall implement policies in order to ensure that it is in full compliance with Articles ^i^ and ^even of the public Officers ^aw.

2.19 compliance with Other Applicable l^aws.The school ^orporationshall be in compliance with all applicable laws, rules and regulations.

^^T^^^^^^A^^^^AT^^

3.1 provision of ^ervices.The school corporation shall provide services and accommodation to students with disabilities as setforth in the Application and in accordance with themdivid^ials with disabilities education Act (20 ^.^.^.§1401 etse^.)and section ^04 of the RehabilitationActofl973 (29^.^.^. §794), includingproviding services toattendingstudents with adisabilitvin accordance withthemdividuali^ed education program recommended bv^he committee or subcommittee on special education ofthe student's school district of residence. The school corporation mav elect to have such services provided bv such school district of residence or bv the school directlv or bv contract with anotherprovider.

3.2 ^undin^of^ervices.The school corporation is authorised to recei^fr^^ alocal school district direct pavment of anv federal or state aid attributable toastudentwitha disability attending the school in proportion to the level of servicesfor such student withadisabilitv that the school provides directlv or indirectlv.

4.1 status The school ^oardshallemplovand contract withnecessarvteachers, administrators and other school personnel as setforth in the Application.

4.2 personnel ^olicies^staffrespon^hiliti^Th^^h^l^^^^^^^^^^ available in written form its hiring and personnel policies and procedures, including the qualifications required bv the school in the hiring of teachers, school administrators and other school employees as well asadescription of staffresponsibilities.^uch policies and proceduresshall be consistent with those setforth in the Application.

4.3 ^nstr^cti^^^o^iders The^ch^l^^^^^^^^^^p^^^^^^^^ utilise in instructional positions onlv those individuals who are certified in accordance with the

^7^ ^^ ^

requirements applicable to other public schools, or who are otherwise qualified to teach under clauses(i^(iv^ofsubdivision2854(^(a^l^oftheAct.^orpurposesofthissection, instructional positions^ means all those positions involvingduties and responsibilitiesthat,ifotherwise undertaken in the ^lew^or^^ublicSchools,wouldre^uireteachercertification.^eacherse^cepted from certification under clauses (i^(iv^ of subdivision 2854(3^1^of the Act shall not in total comprise more than thirty percent (3^ of the instructional employees of the School, orfive(5^ teachers,whicheverisless. A teacher certified or otherwise approved by the Commissioner of education ofthe State of^ew^orl^ (the ^CommtssioneB^ shall not be counted against these numerical limits.

4.4 ^ac^roundChec^s.^he School Corporationshall establish procedures for conducting background checks (includingachecl^foracriminalrecord^of all employees(whether part or full time^of the School, as well as any individual who has regular access to the students enrolled in the school (including but not limited to school volunteers and employees and agents of any company or organisation which isapartytoacontract to provide services to the Schools in the same manner and to the same extent as is required ofpublic schools in the district in which the School is located, to the extent permitted by law, provided that oversight of such checks and procedures shall rest with the Schoolyard and the trustees.

4.5 Collective ^ar^ainin^.mtheeventthat^A^studentenrollmentattheSchool on the first day on which the School commences instruction does not exceed two hundred fif^y (250^ orthe average daily student enrollment ofthe School does not exceed two hundred fifty (25^ atany point during the first year afterthe school commences instruction, or(^ the trustees have granted to the School Corporationawaiver pursuant to paragraph b^l of subdivision^of section 2854 of the Act, then employees of the School Corporation shall not be deemed membersof any existing collective bargaining unit representing employees of the school district in which the School is located, and the School and its employees shall not be subject to any existing collective bargaining agreement between the school districtand its employees, ^he School Corporation may,in its sole discretion, choose whether ornot to offerthe terms of any existing collective bargaining to school employees ^employees ofthe School Corporation are not represented by an existing collective bargaining unit, the School Corporationshallaffordreasonable access to any employee organisation during the reasonable pro^imateperiod before anyrepresentation question is raised.lftheemployee organisation isachallenging organisation, reasonable access shall be provided to any organisation seeding to represent employees beginning withadate reasonably proximate toachallenge period.

4.^ pension pavn^e^^ ^he employees of the School Corporation^nay be deemed employees of the local school district for the purpose of providing retirement benefits, including membership in the teachers^ retirement system and other retirement systems open to employees of public schools.^e financial contributions fbrsuch benefits shall be the responsibility of the SchoolCorporation and its employees, notwithstanding any contrary provision of the Charter,the parties shallabide by further regulations promulgated by the Commissioned in consultation with the ^ew^or^StateComptroller, to implement the provisionsofthis paragraph, including8^C^^1^2

8 uu. 21

SECTION 5. FINANCIAL OPERATIONS OF SCHOOL

5.1 Management and Financial Controls. The School Corporation shall at all times maintain appropriate governance and managerial procedures and financial controls. The School Corporation shall retain an independent certified public accountant or independent certified public accounting firm licensed in New York State which shall perform a review of the School Corporation's management and financial controls and who shall provide a statement to the School Board no later than October 15, 2000, concerning the status of such controls (the "Initial Statement"). The Initial Statement must address whether the School Corporation has the following in place: (A) generally accepted accounting procedures; (B) adequate payroll procedures; and (C) procedures for the creation and review of quarterly financial statements, which procedures shall specifically identify the individual who will be responsible for preparing such financial statements. In the event that the Initial Statement reveals that any of the above controls is not in place, the School Corporation shall remedy such deficiency no later than forty-five (45) days from the date the Initial Statement was received by the School Board. The School Board shall provide the Initial Statement to the Trustees upon its receipt and forward to the Trustees any remedial plans undertaken as a result of any deficiencies identified in the Initial Statement and upon remediation, a statement that the deficiencies have been corrected.

5.2 Financial Statements: Interim Reports: The financial statements which the School Corporation is required to prepare shall be in accordance with generally accepted accounting principles then in effect for not-for-profit corporations. During its first year of operation, the School Corporation shall prepare and submit to the Trustees within forty-five (45) days of the end of each quarter of its fiscal year an unaudited statement of income and expenses for that preceding quarter in a form agreed upon by the Trustees and the School Corporation. The Trustees may by written request require submission of such statements in future years of the School's operation.

5.3 Audits. The School Corporation shall retain an independent certified public accountant or certified public accounting firm licensed in New York State to perform an audit of the School Corporation's annual financial statements. The independent audit of the school's financial statements must be performed in accordance with generally accepted government auditing standards issued by the Comptroller General of the , if applicable. The audited financial statements must be submitted to the Trustees within one hundred twenty (120) days of the School Corporation's fiscal year end. In addition, and pursuant to the same timetable, the School Corporation must require its independent certified public accountant or certified public accounting firm to issue a report on compliance with laws, regulations, contracts and grants and on internal controls over financial reporting, based on their audit of the financial statements. The School Corporation must submit this report along with a corrective action plan addressing any weaknesses or problems identified in the report. The School Corporation shall also conduct programmatic audits at least once annually, with such audit being comparable in scope to those required of other public schools.

5.4 Fiscal Year. The fiscal year of the School Corporation shall begin on July 1 of each calendar year of the term of this Charter and shall end on June 30 of the subsequent calendar year. ^ ^

^ annual 8ud^etandCash^low^roiections.TheSchoolCor^orationshall prepare and provide to the Trusteesacopyofits annual budgetand cash fiowpro^ectionfor each fiscal year by no later than ^ayl^ of the immediately preceding fiscal year. The School Corporation shall provide its annual budgetand cash flow pro^ectionforthe first fiscal year ^^ ^^lnotlaterthan^ugustl,^^ifsuchbudgetorpro^ection differs inanymaterialrespectfrom that setfoi^th in the application.

^ ^undin^ procedure. The School Corporation shall maintain accurate enrollment data and daily records of student attendance and shall report enrollment to school districtsofresidenceofitsstudentsinatimelymanner.^ursuanttosubdivision^^^l^ofthe^ct, payments bythedistrictsofresidence shall bemadeinsi^substantiallye^ual installments each year, the first on the first business day of July and every two months thereafter, such amounts to be calculatedassetforthat^l^C^^ll^.l.

^.7 ^emptionfrom Taxation The School Corporationshall be e^emptto the same e^tent^sotherpublicschoolsfrom all ta^ation,fees, assessments orspecial ad valorem levies on its earnings and its property,includingproperty leased by the School Corporation, Instruments of conveyance to or from the School Corporation and any bonds or notes issued by the School Corporation, togetherwith income therefrom, shall at all times be e^emptfrom taxation.

^ Collateral forf^ebt. TheSchoolCorporationmaypledge,assign^or encumber its assets to be used as collateral for loans or extensions of credit.^owever, the School Corporation shall not pledge orassign monies provided pursuant to subdivision ^^l^ofthe^ct in connection with the purchase or construction, acquisition, reconstruction, rehabilitation, or improvement ofaschoolfacility.

^ Tuition and r^ees. The School and School Corporation shall not charge tuition or fees to any student, provided thatthe School may require the payment ofiees on thesame basis and to the same extent as other public schools.

^.1^ Outside ^undin^ The School ^oardrnaya^ept^^^^l^^^^^^^f any kind made to the School Corporation and to expend or use such gifts, donations, or grantsin accordance with the conditions prescribed by the donor, however, no gift, donation or grantmay be accepted if subject toacondition that is contrary to any provision oflaworterm of the Charter.

^11 IvlaintenanceofCorporate Status^ Ta^^emption^.T^e^^^^^^^^ shall maintain its status as an education corporation. The School 8oard shall obtain federal ta^ e^emptstatus no laterthanone^yearfollowingme^frective^ate.The School Corporationshall provide theTrustees with copiesofallapplicationsand filingsrelatingtoits seeking and maintaining its^l^c^^ exempt status.

^.1^. ^^^c^.The School Corporation shall, atits own expense, purchaseand maintain the insurance coverageforliability,property loss, and the personal injury of students as is described in the application together with any other additional insurance that the School ^^B ^

Corporation deems necessary.Such insurance policies shall be in effect by ^uly 3^ of the yearin v^hichtheChart^ris first effective, and, in thecas^ofliability insurance, bysuchdateorupon the first date that the School Corporation contracts ^vith any employee, whichever date is earlier.The School Corporation shall provide the Trustees ^vith certificates ofinsurance or other satisfactory proof evidencing coverage within five days of the commencement of each such policy. All such insurance policies shall containaprovisionrequiringnotice to the Trustees, at least^thirty^^days in advance, of any material change, nonrene^valortermination.^ot^vithstandinganyprovision to the contrary,the School Corporation shall ta^e all steps necessary to comply v^ith any additional regulations promulgated by the Commissioner and Superintendentof^nsurance to implement subdivision^^l^o^oftheAct

S^CT^O^^^^O^TS

^.1 Annual reports. r^olaterthanAu^ustlof each vear^be^innin^Au^ustlof the year immediately succeeding the year upon ^vhich the Charter is first effective, the School Corporation, pursuantto subdivision^^, shall submit to the Trustees and the ^.egentsanannual report^the^Ann^a^epo^settingforth the academic program and performance ofthe School for the preceding school year. The Annual report shall be in suchform as shall be prescribed by theCommissioner and shall include at least thefollo^ving components^

^areport card, ^vhich shall include measures ofthe comparative academic and fiscal performanceof the school. Suchmeasures shall include, but not be limited to, graduation rates, dropout rates, performance ofstudents on standardized tests, college entry rates, total spending perpupil and administrative spending perpupil^

^ adiscussionofthe progress made towards achievement of the goals set forth in this Charter and the Applications and

^ acertified financial statement setting forth, by appropriate categories, the revenues and e^pendituresforthe preceding school year, includingacopy of the most recent independent fiscal audit ofthe School Corporation.

In addition, the School Corporation shall provide thefollo^ving informations

^ the school calendarforthefollo^ving school year, settingforth the days and hours of operationforthe regular school session as Bellas the summer session,^fany is to be provided^ and

^ astatement that all applicable leases, certificates and approvals necessary to operate the School attheSchool^acility are infill force and effect.

At its reasonable discretion, the Trustees may elect to require the School Corporation to provide othernecessary supplements to the Annual report.

11 ^ ^

^.2 ^ver^htPlan The5chool^orporationandme5chool8oardac^nowledge thattheT^stees,ortheirauthori^edagents,havetherighttooverseethe^chool^soperationsinall aspects, includingtherightto visit, examine intoandinspectthe^choolanditsrecords.Topermit theTrustees to fulfill this oversight function under the Act and ensure that the school is in eompliancewithallapplicablelawsandregulations,andthetermsandconditionsofthis^harter, the school corporation agrees to abide by and implement the Oversight Plan, appended to ^his ^harteras^xhibit8.TheOversightPlanconsistsofthreeelements.

(A) A checklist of the Prior Actions required to be completed to ^he satisfaction ofthe Trustees before the ^choolispermittedtoprovideinstructionandreceivepublic funds pursuant to Paragraph l.^hereof.Thechec^listissetforthatsectionlof^xhibit^.

(8) Anaccountabilityplan(the^Acco^^t^^Plan")whichthe^chool corporation, in furtherance ofits educational goals and objectives, and its assessment standards, agrees to conceive and implement. The Accountability Plan shall not provide for less stringent assessment standards or educational goals and objectives than those setforth in the Application. Notwithstanding theforegoing, if the Accountability Plan in its finalform contains assessment standards or educational goals or objectives, whicharelessstringent in anymaterial respect, then the Accountability Plan shall be deemedarevision of the charter and shall be subject to the Trustees'approval and review and comment by the Regents as provided in subdivision 2852(7) of the Act.The terms outliningtheformofthe Accountability Planaresetforthatsection II ofExhibit 8 (0) Amonitoringplanthatthelnstitutewillimplement(the^^i^^^ Plan"), the re^uirementsofwhicharesetforthatsectionlllof8xhibit8.1tisunderstoodthatthe monitoring Plan is preliminary in nature and that the Institute, in consultation with the school corporation, may from time to mal^e amendments and revisions to such plan.

Ifthe Trustees determine that the school corporation is not progressing toward one ormoreofthe performance or education goals setforth in the charter, that the duality of the ^chool'seducational program is not satisfactory,orthat the school corporation is not in compliance with the terms and conditions ofthe monitoring Plan, then the Trustees, in consultation with the school corporation, may developand implementacorrectiveactionplan. Nothingcontainedhereinshallbein derogationoftheTrustees' ortheRegents' ability torevol^ethe^harter,placethe school corporation on probationary status, or initiate mandatory remedial action in accordance with the Act and section ^.^^fthis charter.

^^T^^7^^T^^^^^^^^A^T^AN^^A^^A^T^^

7.1 compliance with I^awsandRe^ulations.The school and school corporation shall operate at all times in accordance with the Act andshall meet the same health and safety^civil rights, and student assessment requirements, as applicable to other schools.

7.2 Transactions with Affiliates The school corporation shall not, directly or indirectlyenter into or permit to exist any transaction (including the purchase, sale, lease or

12 ^ ^5

exchange of any property or the rendering of any serviced with any affiliate of the School Corporations anymemberoftheSchool8oardoranyemployeeofthe School Corporation unless the termsofstichtransaction^consideringall the factsandcircumstances^are no less favorable to the School Corporation than thosethatcouldbeobtainedatthe time fromaperson that is notsuch an affiliated member or^employee.

S^C^0^8R^^^A^A^^^R1^^A^0^

8.1 Renewal notice, ^lolaterthan the thirtieth of^ecemberin the yearpriorto expiration of the Charters the School Corporation may provide to the trustees an application to renewmeCharterinaccordancewithsubdivision2851^oftheAct^the^enewalApplic^o^. ^fheRenewal Applicationshallcontain^areportoftheprogressofthe School inachievingthe educational objectives setforth in thecharterand^adetailed financial statement disclosingthe cost of administrations instructions and otherspendingcategoriesfor the School that will allowa comparison of such costs to otherschools^ both public and private^C^ copies of each of the annual reports ofthe Schools including the School report cards and the certified financial statements^ at^d ^iv^evidenc^e of parent and student satisfaction.

82 Approval or denial of Renewal within one hundred twenty ^12^ days from the time the Renewal Application is received by the^rustees^or by December ^1 if the application is received by the thirtieth day ofthe immediately preceding Septembers the trustees shall either approve or deny the application, In the event that renewal is not approved^ then the parties to the Chartershall fulfill theirrespectiveobligationshereunderto the end ofthe term ofthis Charters and the School shall follow the procedures for dissolution as set forth in subdivision 2851^2^oftheActas supplemented by section 8.5 ofthis Charter. In theeventthatthe Renewal Application is granted^ the ^rustees^pursuanttosubdivision2851^and section 2852 oftheAct^ shall enter intoaproposedcharterwith the School Corporation andforward the proposed charter and Renewal Application to the Regents, nothing herein shall obligate the trustees to approvea Renewal Application.

8.^ ^ro^ndsfor^ermination or Revocation ^fhis Charter may be terminated andrevol^ed^

^ bythe trustees orthe Regents in accordance with section 2855 ofthe Act^or

^ by mutual agreement ofthe parties hereto.

8.^ ^otieeand^ro^ed^res Sbouldthe^rustees determine that one of the grounds forterminationorrevocationofthe Charter has occurred or is occurring^ the trustees may^ at their discretions elect as follows^

^ to terminate the Charters or

13 ^ ^

^ noplace the School onprobationarystatusandprepareand cause theSchool to implementaremedial action plan the terms and conditions of which the School mustagree to abide by in all respects.

Should the Trustees electto terminate theCharter, notice ofsuchshall be provided to the School 8oardatleastthirtydayspriortotheeffectivedateoftheproposedtermination Suchnoticeshall includeastatementofreasons^rtheproposedtermination. I^riortoterminationofthisCharter,the School shall be provided an opportunity to be heard and present evidence in opposition to termination. Should the Trustees electto place the School on probationary status, such probation shall be effective upon notice to the School Corporation. In theeventthat the School is placed on probationary status, and does notabidebythe terms and conditions ofthe remedial action plan to the satisfaction ofthe Trustees, or refuses to implement such plan, the Trustees may declare the CharterterminatedwithnoticeofsuchdecisiontobegiventotheSchool^oardatleastfive^days prior to the termination date set by the Trustees.

^ ^i^olution IntheeventofterminationoftheCharter^whetherprematurely or otherwi^, the School Corporation shall follow the procedures set forth in the application, as required bysubdivision^^l^t^ofme^ct,forthetransferofstudentsandstudentrecordstothe school district in which the School is located andfor the disposition of the School Corporations assets to the school district in which the School is located oranothercharterschool located within the school district. In addition, in case ofsuch an event, the School Corporation will rollow any additional procedures required by theTrustees or the Regents to ensure an orderly dissolution process. S^CT^^^^SC^^^^^^IS

^.1 ^i^lain^er of liability. The parties acknowledge that the School Corporation is not operating as the agent, or under the direction and control, of the Institute, the Trustees orthe Regents exceptas required by law orthis Charter, and that none ofthe Institute, the Trustees orthe Regents assumes any liabilityfor any loss or injury resulting Irom^^ the actsand omissions of the School Corporation, its directors, trustees, agents or employees^^ the use and occupancy of the building or buildings, occupied by the School Corporation, or any matter in connection with the condition of such building or buildings^ or^any debt orcontractual obligation incurred by the School Corporation. The School Corporation acknowledges that it is without authority to extend thefaith and credit of the Institute, theTrustees, the Regents or the public schools to any third party.

^ ^v^r^in^aw.ThisChartershall be governed by,sub^ect to and construed underthe laws of the State ofl^ew^orl^ without regard to its conflicts oflaws provisions.

o^ ^ive^.l^o waiver of any breach ofthisChartershall be heldasawaiverof any other or subsequent breach.

^.^ Counterparts S^narurebv^ac^^i^ This Charter may be signedin counterparts, which shall togetherconstitute the original Charter. Signatures received by facsimile by either ofthe parties shall have the same effect as original signatures.

^1^^ ^4B^ ^7

^ ^ermsandConditio^ofApnlication^^heoartiesheretoexnresslva^reethat the Application setsforththeoverallgoals,standardsand general operational policies ofthe school, and thatthe Application is notacompletestatementof each detail ofthe^chool^soperation^othe extent that the school Corporation desires to implement specific policies, procedures or other specific termsofoperationthat supplement or otherwise differ fromthose setforthinthe Application, the school Corporationshallbepermittedtoimplementsuchpolicies,procedures, and specific terms of operation, provided thatsuch policies, procedures and terms of operation are (i) not otherwise prohibited or circumscribed by the Act or the Charter, and (ii) are not materially differentfrom those setforth in theCharter^

^ revision ^hisChartermavberevisedonlybvwrittenconsentoftheparties hereto and, in the case ofmaterial revisions, onlypursuant to the section ^^^) of the Act^

^7 Assignment ^fhisChartermaynotbe assigned or delegatedby the Applicant(s)underany circumstances, it being expresslyunderstoodthatthe Charter grantedhereby runs solely^andexclusivelyto the benefit ofthe school Corporation

^^ ^otices^ Any notice, demand, request or submissionfrom one partyto any other party or parties hereunder shall be deemed to have been sufficiently given or servedfor all purposes if and as of the date, it is deliveredby hand, overnight courier, facsimile (with confirmation)orwithin three (3) business daysofbeing sent byregistered or certified mail, postage prepaid, to the parties at thefollowing addresses^

^fto the school Corporations

With a copy to:

If to the Trustees: Compliance Desk Charter Schools Institute 735Anderson Hill Road SUNY-Purchase Purchase, New York 10577

9.9 Severabilitv. In the event that any provision of this Charter or the Application thereof to any person or in any circumstances shall be determined to be invalid, unlawful, or unenforceable to any extent, the remainder of this Charter and the application of such

-15- ^4B ^

provision to persons or circumstances otherthan those as to which it is determined to be invalid, unlawful or unenforceable, shall not be affected thereby,and each remaining provision of this Chartershall continue to be validandmaybeenforced to the fullest extent permitted by law^

^1^ entire Charter This Charter supersedes and replaces any and all prior agreements and understandings between the Trustees and the Applicant^Tothe extent thatany conflict or incompatibility exists between the Application and the othertermsofthis Charter, such othertermsofthisChartershall control

^11 Construction ThisChartershallbeconstruedfairlyastobothpartiesandnot in favor of oragainsteitherparty,regardlessof which partyprepared the Charted

[Remainder of page intentionally left blank]

-16- 29

BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK

fuUrk /L&UACAI Mdc Date

By: Robert J. Bellafiore, acting for the Board of Trustees of the State University

Title: Executive Director, Charter Schools Institute, State University of New York

APPLICANT

Robert Francis Date

RowtwU CfciUltn'l Academy Sifnnm page

s-i 30

BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK

Date

By: Robert J. Bellafiore, acting for the Board of Trustees of the State University

Title: Executive Director, Charter Schools Institute, State University of New York

/ APPLICANT/

Robert Francis

Rocamh Children's Academy Stgnum pm#*

S-l V ~ 31

EXHIBIT A

APPLICATION UL 32

{Application to be inserted] 33

EXHIBIT B

OVERSIGHT PLAN ^B^ ^

^^^o^^

^io^A.^iori5

Prior to the trustees authorising the School Corporation to commence operations, the School Corporation must demonstrate that it has completed the Prior Actions required of it. As setforth at paragraph 1.3,thePrior Actions areinadditionto any other requirements imposed by the Act or the Charter. Achecklist of the Prior Actions that needtobetakenby theSchool Corporation are setforthbelow(the^Prior Action Checklists

^yorbefore August 1 oftheyearin whichthe SchoolCorporationisfirst scheduled to commence instruction, the School Corporation shall provide to the trustees for each item on the Prior Action Checklist an indication of whether such item has been completed as of such date. Por each item not then completed, the School Corporation shall pro^ideastatus report and indicate the date on which such item shall ha^e been completed.

^he^rustee^ will ^it the school ^uilding^an inspection and ^e^iew pnor to the time that the School is scheduled to commence instruction (the ^PreDCDpening ^e^iew^. ^hePre^peningP^e^iew will occur, at the earliest, fifteen days priorto such date.^hePre^pening^e^iew^illbe structured according to the checklist set forth below, ^fhe School Corporation shall ha^ea^ailablefor review by the^frustees all documents necessaryto confirm the completion ofeach item required.

81 V w 35

PRIOR ACTION THFC-KMST

School Name Evaluator*s Name

Governance and Management Date Satisfactorily Item Comments Completed Completed The Board of Trustees has been • established. A permanent head of school D has been named.

Other key leadership roles in the • school are filled, or adequately covered. • By-laws ratified. Management contract • executed.

Staffing

Satisfactorily Item Comments Date Completed Completed The number of teachers is • adequate and their assignments match the staffing plan. There is documentation that • required background checks for all staff have been completed

B-2 u u. 36

Curriculum and Instruction Date S.wifactorily Item Comments Completed Completed Needed instructional materials • and supplies have been distributed to classrooms at every grade level. A school calendar and class schedules exist and provisions have been made for them to • be available to every student and every family. Provisions have been made for • assessing and serving students with special needs.

Students and Parents

factorily Date Item Comments Completed Completed Parent and student orientation • is completed or scheduled. Student enrollment procedures have been documented and a • student roster is available to teachers. Student records have been • received or requested and are/will be available to teachers for planning. A preliminary count of students • with special needs is available.

B-3 37

Students and Parents (continued)

/actorily Date Item Comments Completed Completed Student policies (including sus- pension and expulsion policies) • have been established and are available to students and parents in written form. Procedures, including security procedures, are in place for • creating, storing and using student academic, attendance, and discipline records.

Operations

Satisfactorily Item Comments Date upleted Completed Arrangements have been made • for food service. Provisions have been made for • health services and immunization, if appropriate. Provisions have been made for • supplemental transportation of students if any are to be provided. There are written plans for such .- • life safety procedures as fire drills and emergency evacuation. .-

B-4 u V «- 38

Finance

ifactorily Date k Item Comments Completed Completed There is evidence of an account- D ing system with internal controls and fiscal policies. A payroll system has been • D established.

Existing available funds, plus anticipated September and October revenues, are sufficient D to carry the school until the first per-pupil-payment arrives in 1 October. '

Facilities, Furnishings and Equipment

Satisfactorily Date Item Comments mpleted Completed Available space (including class- rooms, restrooms, and special D purpose space) meets the re- quirements of the program and the number of students enrolled. Space is accessible, clean, and D well-lighted.

A certificate of occupancy is D on file.

Certificates of insurance are on • file, meeting at least the minimum levels required by the Charter Schools Act.

B-5 Ju. 39

Accountability

tfactorily Date Item Comments completed Completed There is a staff person who is • assigned the responsibility for accountability.

Other

Satisfactorily Date Item Comments Completed Completed n

i i

i i u

B-6 ^4^ ^

A^^ottri^ili^^^ri

By^ay 1 of the year immediatelysucceeding the year inwhich the School corporation commences instruction, the School corporation shall prepare and submit to the T^stees an Accountability Plan. The purpose of this plan is to detail the manner in which the School will be held accountablefor academic results.The Accountability Plan is meant to supplement the relevant information in the Application by incorporating the e^perienceand knowledge gained during the School's firstyear ofoperation, thus permitting the School to tailor its education goals, curriculum and assessment standards more specifically to the needs of the School'sstudents. Because the Accountability Plan isasupplement to the relevant sections of the Application, and notareplacement, the Accountability Plan should differ fi^omtheformer only when there isademonstrated need and shall be in conformance with paragraph ^.^ofthe charter.

The Accountability Plan shall be prepared inaformat to be determined by the Trusteesand shall provide thefollowing informations

^ specific performance goals for the ^^hool^ ^ methods to measure the School'sprogress toward the goals^ ^ specific annual and long-term performance targets related to such goals^ ^ proceduresfor taking action when the School's performancefalls below its targets^ and ^ strategies forreporting the School'sperformance and progress to students, parents, the community,and the Trustees.

^Ipon approval by theTrustees, and, where necessary,re^iew and comment by the regents, the Accountability Plan shall be attached to the charter and shall become part thereofand binding upon the School corporation.

^Bhile the School'sAccountability Plan may reflect the school's unique mission, it must include thefollowing minimum provisions'

^ standards that meet or e^ceedthose established by the regents for all public schools inr^ew^or^ and ^ pro^isionsforthe School to administer regents examinations^ and ^ annual testing of all students using, if any,the recognised standardised test setforth in the Application.

B7 ^B^ ^

Toprovideabasis^orjudgingprogress overtime, the School shall obtain baseline data on its students'performance on the assessments itselects, including the standardized test, as soon as possible aftertheSchool'sinitial opening, but not laterthan the end ofthe School'sfirstacademicvearD

^^ ^ ^

Mo^i^o^^^

As provided in Paragraph 6.2 ofthe Charter, the School Corporationagrees to abide bya Monitoring Plan, the general components of which are set forth below. The requirements of the Monitoring Plan are in addition to any notification, record^keeping, or reporting retirements setforth in the Charter, including any obligation to receive the written approval of theTrusteesand^or to seek approvalfor revision of the Charter pursuantto subdivision 2^2^ ofthe Act.

A. The School Corporation shall provide written notice to the Trustees fifteen days priorto the occurrence of any ofthefollowing^

1. Amaterial change beingmade to the Accountability Plan 2. Amaterial change inthe Schools disciplinary policies, including policies regarding student suspension or expulsion ^. A material change in the School^scurriculum or instructional approach ^. A material change in the School Corporation^sby^laws ^. A material change in the School Corporation^scode of ethics 6. A material change in the insurance coverage acquired by the School Corporation 7. A materialchangeinany Management Contract towhich the School Corporation isaparty, including terminationof such contract by either party.

^. The School Corporation shall provide written notice to theTrustees within five business days of the occurrence of any of thefollowing^

1. Additions to orremovalsofmembersofthe Schoolyard. 2. firing or dismissal ofthedirector^principal of the School. ^. ^ecutionofcontractsorincurringofdebt in excess of^2^0^. ^. receipt of a summons anchor complaint in which either the School Corporationor any member of the School^oard ^acting in his or her capacity asamemberofthe School ^oard^isanamedpartyto the action.

8^ ^B^ ^

CD The School Corporation shall provide written notice to the Trustees on an annual basis ofthetollowingD

ID ^pulsionsof students ^ Suspensions ofstudenttormore than ^ive school days

^ The School Corporation shall maintain the following records in its oftices^br inspection bythe Trustees and the ^egentsD

ID records concerning the enrollment and admissions process including all applications receivedanddocuments concerning the lottery process if conductedD ^ Student academic and healthrecords ^ attendance records tor students including withdrawals of students from the school ^ individual education programs tor children with disabilities enrolled in the School ^ Staffrosters, including records ofhiring and termination of employees of the School Corporation ^ evidence ofcredentialsrorall teachers ^ evidence that required background checks, if any,have been conducted ^ Certificates of occupancy ^ Cither racility^related certifications orpermits 1^ ^ease agreements 11D ^eeds l^D ^oan documents 13D Contracts in excess of^l,0^ 1^ School policies in areas such as financial management, personnel, student discipline ^including suspension and e^pulsion^, health and satety,stu^ent privacy and transportation l^D Grievances made by students,parents,teachers, and other employees of the School Corporation, including, but not limited to, complaints received by the School 8oard pursuant to subdivision ^^^, together with documentation of all actions tal^eninresponse

8^ ^ ^

1^ Inventory ofall assets ofthe School Corporation that have been purchased with public ^unds I7D All records re^ardin^ the events and occurrences set forth in subsections A^Cofthe^Ionitorin^^lan^

^ Tocorroborate information submitted by the School Corporation to the Trustees, and in order to ensure the School Corporation's incompliance with the Act and^ the Charter, the Trustees will^

1^ ^lal^e quarterly visits to the School in its ^irst year of operation Such visits may include an inspection of the physicalplant, all categories of records set forth in subsectionf^of the Ivlonitorin^^lan, interviews with director ofthe school and other personnel, and observation ofinstructional methods^ ^here appropriate, such visits will decrease in frequency a^er the first year of operation ^ ^al^e unannounced visits to the School ^ Attend meetings ofthe School ^oard ^ I^e^uire the School to mal^e available necessary information in response to the Institute's inquiries, including information necessary for the Institute toprepareannual or semiannual evaluations ofthe school's financial operations, academic program, future outlook and otherareas^ ^ Conduct internal investigations as appropriate in response to^ concerns raisedbystudents,parents,employees,localschooldistrictsandother individuals or groups, including but not limited to,complaints brought pursuant to subdivision ^^^^of the Act, and ^ii^ material changes in the items set forth at subsections Aor the occurrence of items set forth at subsection^this^Ionitorin^^lan^ ^here appropriate, the Trustees shall issue remedial ordersas permitted by subdivision ^^^oftheAct^ ^ review the school'soperations to determine whether any changes in such operations require formal revision of the charter pursuant to subdivision ^^^ and, if so, determine whether such revision should be D recommended for approval ^ ^ncoura^e relevant officers, employees and agents of the School Corporation to attend conferences, seminars and training sessions identified or sponsored by the Institute and which are designed to assist the School Corporation to fulfil its mission

811 UJ. 45 uu. 46

Charter Schools Institute ^CSI State University of New York

Roosevelt Children's Academy Charter School

No additional submissions not included in original application

330 BROADWAY | ALBANY, NY 12207 | PHONE: 518-443-5011 | Fax: 518-443-5227 uu. 47 48

f U\J 49

Jeanne Allen

President The Center for Education Reform (CER)

Jeanne Allen is President of The Center for Education Reform (CER), an independent, national, non-profit advocacy organization providing support and guidance to individuals nationwide who are working to bring fundamental reforms to their schools.

Allen is a recognized authority on education reform issues and is consulted regularly by legislators, education officials, state and national leaders, and the media, to report on the reform movement and analyze its progress throughout the country. She has testified before legislative committees, hosted town meetings and worked with school officials on current reform efforts. She is the author of The Standards Primer: A Resource for Accelerating the Pace of Reform published by the Education Leaders Council.

Allen's experience and expertise have placed her at the forefront of the drive to bring substantive change to education and has given her a prominent position in the national policy debate on a broad range of issues including charter schools, academic standards, school choice, teacher accountability,.and the roles of education groups and unions in shaping education policy.

She is interviewed regularly by the national media and has been a guest on NBC's Today Show, The News Hour with Jim Lehrer, and ABC's Nightline, numerous cable TV broadcasts and hundreds of radio programs. She is frequently quoted in such major publication as The New York Times, The Washington Post, Newsweek and Forbes among others. Allen has written from The Wall Street Journal, Richmond Times Dispatch (VA), Investor's Business Daily and The Dallas Morning News in addition to frequently authoring policy and position papers.

Before founding CER in 1993, Allen served as an official of the United States Department of Education, and began her career as a policy analyst on Capital Hill. She holds a BA.from Dickinson College and has completed graduate studies at Catholic University. ^ 5^

^8^8^^^^^8^^^^00lA^^^^^8^^^^^^8^^

Susan Miller BarkerisaLead Inspector, Massachusetts Charter School Accountability Initiative. She has served on five charter school inspection teams, leading tvBo teams in Charter School Inspections based on the British School Inspection model. She has provided oral and written reports to the Massachusetts State Board of^ducation to assist in their charterrene^val decisions making process. Currently Barker is also pursuing doctoral dissertation research surroundings ^educational governance and accountability at the Harvard graduate School of^ducation. Priorto this, Barker served as executive Intern Superintendent at the Charlotte Mecklenburg Schools in Charlotte ^C.

Barker served as Assistant Director, Modem Red School House Project, at the Hudson Institute, apublic policy research organisation from I^^^7^vhere she v^as responsible for implementation ofacomprehensive,nation^v^ide school reform project focused on rigorous academic standards, Por eight years, Barker v^asaclassroom teacher first in Indianapolis 11^ ^vhere she also served as technology coordinator and then in Lake C^sv^egoC^R^vhere she vBas alsoCiftedand^alented Coordinator. Barker^seducation specialties include providing professional development to local school districts, charter schools, and the r^e^v^ork^tate Association for Supervision and Curriculum Development, among others. Her areas of expertise include IBM^ducation Instruction Specialist, Standards Driven Curriculum Development, and Certified Project ^ild, Project Learning ^ree and Project Aquatic. She received her B.S. and M.S.in elementary education from Indiana university School of^ducation,Bloomington 11^. O u 51

Alisa Berger

Consultant Public Services Consulting, Public Education Practice KPMG

Alisa Berger is a consultant in KPMG's Public Education practice. Berger is an experienced consultant specializing in strategic planning, financial analysis, organizational development and process improvement. Additionally, Berger serves as a teacher-trainer on curriculum development. She is a tenured New York City public school teacher and an experienced middle- school administrator from her work at PS/IS 223-Mott Hall School.

Currently for KPMG, Berger is assisting in the initiative for developing an advanced technology solution to improve student achievement through efficient data analysis. She participated in efforts to support the New York City Partnership for its Breakthrough for Learning's use of private sector management practices in NYC's public school system. Prior to her work at KPMG, she administered a communications audit and financial analysis for the Broadcast Child Development Center in Washington D.C. She was also a team member on The Perry School in Washington D.C. where she helped to analyze the impact of both public and private initiatives on local economic development.

She received a MBA from the McDonough School of Business at Georgetown University and an MA in Curriculum and Teaching from Teachers College, Columbia University. Berger has her B.A. in English from Barnard College, Columbia University. Prior to joining KPMG, Berger worked as a consultant for non-profit and government agencies. 52

Linda Brown

Director Massachusetts Charter School Resource Center

Linda Brown is the Director of the Massachusetts Charter School Resource Center where she works along with education entrepreneurs as they break new ground in education reform. Brown is committed to promoting increased student achievement in both urban and suburban schools, and views charter schools as the engine driving all schools to higher standards. Prior to joining Pioneer Institute for Public Policy Research in 1993, Brown held the position of associate head of school at an independent K-8 school in Cambridge, MA.

John E. Cawthrone

Assistant Dean for Students and Outreach School of Education Boston College

John E. Cawthorne is currently Assistant Dean for Students and Outreach in the School of Education at Boston College. Until July 1997, he was Vice President for Education of the National Urban League, Inc., Research Professor at Boston College and Senior Research Associate in The Center for the Study of Testing, Evaluation and Educational Policy at Boston College. Prior to that, he coordinated the twelve district Urban District Assessment Consortium, that helped urban schools examine the relationship between alternative modes of assessment and school restructuring. This project had as its primary goals to work with teachers, administrators and parents to design powerful assessment systems that could guide instruction and provide valid and reliable accountability information about individual schools.

From 1992 to 1995 he was a Senior Visiting Scholar at Lesley College in Cambridge and also chaired a committee to examine how to provide future elementary school teachers with a strong grounding in mathematics, as a subject, and a more complete repertoire of instructions strategies.

He began his teaching career in 1964 in Washington DC, fresh out of Harvard. In subsequent years also served as Principal of The Lower School of the Massachusetts Experimental School system and Director of Chapter 1 for the Massachusetts Department of Correction where he was responsible for education programs for those under 21 in prisons and jails. 53

Gregory J. Cizek

Associate Professor of Educational Research and Measurement University of Toledo (OH)

Gregory J. Cizek is Associate Professor of Educational Research and Measurement at the University of Toledo (OH), where he teaches courses in assessment, statistics and research design. His research interests include testing policy, classroom assessment and standard setting. He is the author of over 100 journal articles, book chapters, conference papers and other publications. His work has been published in journals such as Educational Researcher, Journal of Educational Measurement, Educational Policy, Phi Delta Kappa and elsewhere. He is a contributor to the Handbook of Educational Policy (Academic Press, 1998), and author of Filling in the Blanks (Fordham Foundation 1999) and Cheating on Tests: How to Do It, Detect It, and Prevent It (Lawrence Erlbaum, 1999). He provides expert consultation at the state and national level on testing programs and policy.

Cizek received his Ph.D. in Measurement, Evaluation, and Research Design from Michigan State University. He has managed national licensure and certification testing programs for American College Testing (ACT) in Iowa City, IA and served as a test development specialist for the Michigan Educational Assessment Program (MEAP). Previously, he was an elementary school teacher for 5 years in Michigan. In 1997, he was elected to and named vice-president of a local board of education in Ohio. \J\J . 54

Timothy H. Daniels, Ed.D

Director Office of Educational Initiatives Pennsylvania Department of Education

Tim Daniels is the Director of the Office of Educational Initiatives in the Pennsylvania Department of Education. Programs currently included in this office are Charter Public Schools, and School Performance Funding and School District Performance Measures. An experienced field administrator, Daniels has been a junior high teacher, a junior high assistant principal, a middle school principal, a school district business manager, an assistant superintendent for curriculum and instruction, a superintendent of schools and executive policy specialist in the Pennsylvania Department of Education.

As part of the Pennsylvania Charter School Initiative, Daniels has visited charter schools in nearby states, and has overseen the awarding and administration of 192 charter school planning grants. He-has spoken to groups throughout the state concerning charter schools, the Pennsylvania Planning Grant process, and the analysis of Pennsylvania charter school legislation. He is currently involved in assisting the 16 charter schools that opened in Fall 1999 and the 31 that opened in previous year. He is also administering the fourth round of charter school planning grants, organizing the annual PDE "Create a Charter School Workshop" series, planning for the semi-annual state charter school operators' meetings and administering a $9 million federal grant awarded to give start-up funding to Pennsylvania charter schools. V V 55

Stephen Dess

Executive Director Minnesota Association of Charter Schools

Stephen Dess has been the Executive Director of the Minnesota Association of Charter Schools since June 1998. Prior to that he was Administrator for the Central Minnesota Deaf School, a first year charter school. He was a founder and Administrator for the Emily Charter School (now in its 7th year) from August 1994 to February 1998.

Dess' twelve years of community organizing and education experience includes Executive Director for Project Concern Minnesota, Teacher in Benilde High School and as a member of the Board of Directors for Metropolitan Health Coalition which started the nation's first HMO. He also has twelve years of private sector service in the renewable energy field holding such positions as Manager, Solar Components of Minnesota, Inc.; Owner, Designed Efficient Solar Systems, Inc.; District Director for Photocomm Inc. for the Midwest and Northern Arizona and Executive Director for Minnesota Renewable Energy Society. He has a B.A. from St. John's University, Collegeville, MN.

Larry C. Gabbert

Delaware Charter Schools Administrator Delaware Department of Education

As Delaware Charter Schools Administrator for the Delaware Department of Education, since 1997, Gabbert is responsible for the design, development and management of a comprehensive state system for approving, assisting, monitoring and evaluating independent charter schools. He works directly with the Secretary of Education, State Board of Education and Office of the Attorney General to design and implement an evaluation/support system to meet to legislative responsibilities of the State Board and Department of Education pertaining to charter schools. This system includes the evaluation of charter applications, on-going oversight and monitoring, annual evaluation of the progress of each school and the formal evaluation of schools for renewal of their charters.

From 1990-1997, Gabbert was Education Associate, State Supervisor of Education Assessment, Delaware Department of Public Instruction where he was responsible for designing and implementing the state assessment program and managing national assessment programs conducted within the Delaware. His background includes extensive experience in testing as Assistant Director, Office of Testing Services, Northern Illinois University, Dekalb, IL and as Director of Testing at St. Ambrose College in Davenport, IA. Gabbert served as a Consultant to Scholastic Testing Services in Bensenville IL.

Gabbert received his Ed.D in Counselor Education from SUNY/Albany, an M.Ed, in Counseling and Testing from Springfield College, in Springfield MA and a B.A. in Psychology from Western New England College also in Springfield. uu-. 56.

Roger Gerber

Member North Carolina Charter School Advisory Committee

When the Charter School Legislation in North Carolina passed in 1996, Gerber joined three other school reformers in forming a non-profit corporation with the intent of starting a charter school. The non-profit, Financial Reform for Excellence in Education (FREE) applied for three separate charters and two were approved. In 1997, after successfully opening, The Village Charter School in Chapel Hill and The Orange Charter School in Hillsborough, FREE again applied for three new charters. All three were approved and opened in 1998.

Gerber has been a member of the North Carolina Charter School Advisory Committee since its inception in 1997 and Director of The League of Charter Schools since Fall 1998. He helped form the Association of North Carolina Charter Schools, a trade association whose goal is to support North Carolina's charter schools and became its first President in March 1998. He served as interim principal for two months when the Orange Charter principal resigned. During the 1998-1999 school year he built computer stations, refurbished donated computers and taught computer classes at the Woods Charter School. He is presently a board member of the SPARC Academy Charter School.

Before his involvement in charter schools, Gerber was actively involved in the education of his two daughters. He set up the computer lab, and taught students and teachers on how to use computers. For these efforts he received the Governor's "Volunteer of the Year" Award for Alamance County in 1994. When the local public school principal said if Gerber's daughters were his own, he'd send them to private school, Gerber became their home schoolteacher from 1993-1996. He is a graduate of Franklin and Marshall College and served as Ringling Bros. Traveling Box Office Co-Manager JHflflMjHjHH^HKn the mid-seventies.

Mary Gifford

Director Center for Market-Based Education Goldwater Institute Also, Vice President State Board for Charter Schools (AZ)

Mary Gifford serves as the director of the Goldwater Institute's Center for Market-Based Education. She also serves as vice president of the State Board for Charter Schools (AZ). Gifford previously served as the executive director of the State Board for Charter Schools. Gifford holds master's degrees in education leadership and public administration. She has published several reports on education reform issues, including a teacher and administrator survey on charter school ethnicity, child-centered funding, parent preferences in an education marketplace and market-based education reform. REDACTED 57

James W. Griffin

Executive Director and General Counsel Colorado League of Charter Schools

James Griffin is the Executive Director of and General Counsel for the Colorado League of Charter Schools, the state's nonprofit association of charter schools. He has served in that capacity since the organization's inception in 1994, building the League from a one-person technical support/advocacy organization to a four-person comprehensive association of nearly seventy charter schools. He received a B.A. from Connecticut College in 1989 and his J. D. from the University of Denver in 1994.

The League provides: technical support and assistance for operating and developing charter schools; legal and legislative advocacy for the charter movement; a clearinghouse of information for the charter community; and initiatives such as our At-Risk Initiative, and the Accountability and Evaluation Program supporting education reform through charter schools.

Bryan C. Hassel

Director Public Impact

Bryan C. Hassel directs Public Impact, an education policy consulting firm. He consults nationally on charter schools and the comprehensive reform of existing public schools. In the charter arena, he is engaged in numerous projects designed to help policy-makers, charter school authorizing agencies, and charter school leaders make the most of the charter school opportunity. His recent work has included a leading role in the development of the North Carolina Charter School Recourse Center, extensive research and technical assistance on finance issues for charter school facilities; and designing programs and publications for charter-granting agencies, including The Charter School Review Process; A Guide for Chartering Entities. He is the author of The Charter School Challenge: Avoiding the Pitfalls, Fulfilling the Promise, published by the Brookings Institution Press in 1999. Hassel received his doctorate in public policy from Harvard University and his masters in politics from Oxford University, which he attended as a Rhodes Scholar. \JVJ 58

Bill Jawitz

Founder The Odyssey Community Charter Schools

Bill Jawitz is the founder of the Odyssey Community School in Manchester, one of Connecticut's first public charter schools. Bill served as principal for Odyssey's first two years and now works part time as Director of Development. He is also Project Coordinator for the Associated Student Press, a national online scholastic journalism service.

Prior to opening Odyssey, Bill taught media studies for 10 years at Manchester High School. He is the author of Understanding Mass Media (5th Edition), the nation's top-selling secondary-level textbook on the subject of mass media. Bill has a B A in English from Quinnipiac College and an MA in Communications, Computing and Technology in Education from Teacher's College, Columbia University.

Malvice E. Jefferson, Ed.D

Consultant

Malvice E. Jefferson is a consultant in International Educational Development and Curriculum and Staff Development. She presently serves a consultant for youth and family programs for the Education Department at the American Museum of natural History. She is former Associate Director of the School Leadership Academy at the Center for Educational Innovation. While a member of the Bank Street College of Education faculty for 4 years, she developer/consultant for Bank Street's Center for Minority Achievement.

As a New York City public school teacher, Jefferson taught elementary and middle school students in traditional and alternative concept schools in central and East Harlem. She served as mentoring teacher for pre-service students of Teachers College, Queens College and City College of the City University of New York. She also provided services as a staff and curriculum consultant to Milwaukee Public Schools (MPS), Boston Charter Schools, Hostos Community College of CUNY, the US Peace Corps and the African Institute. Additionally, she was an adjunct professor on the Graduate Faculty for International Teacher Education at the College of New Jersey.

Jefferson hold a BA in Natural Science from Fordham University, an MA in Legal Studies from the Antioch University School of Law, an MS in Special Education from Bank Street College of Education and an Ed.D in International Educational Development from Teacher's College, Columbia University. 59

Pearl Rock Kane

Associate Professor of Education and Director, Klingenstein Center for Independent School Education Teachers College, Columbia University

Pearl Rock Kane is an associate professor of education, director of the Klingenstein Center for Independent School Education and advisor for the department's M.A. focus in Private School Leadership. Kane holds an M.A. from Smith College and a doctorate from Teachers College, Columbia University. Kane taught and served as an administrator in public and private schools in Michigan, Massachusetts and New York City. Her current teaching and research interests are in the areas of privatization, charter schools, private school organization, governance, and public and private school collaboration. She has been active on several national boards including Editorial Projects which publishes Education Week, Teacher Magazine and the Educational Records Bureau. Kane serves as a trustee of Rice High School, a Catholic School in Harlem, and she serves on the foundation for North Star Academy, a charter school in Newark. She has published numerous articles about private schools on issues of governance, and the attraction and retention of teachers. Most recently, she conducted studies of New Jersey's charter schools and the New Visions schools in New York City.

Sybil N. Knight, Ed.D

Principal Agassiz School (Cambridge MA)

In her current position as Principal of the Agassiz School, located in Cambridge, MA, Knight has been praised for herleadership, style and ability to effectively use "dialoguing" as a means to adhere to the needs of the school and community. In addition, her ability to effectively communicate has opened the school to new ideas, which enhance the curriculum, encourage professional development and increase parent participation and involvement.

Knight proposed and received a community-based grant for $120,000 from the Massachusetts Governor's Juvenile Justice and Delinquency Prevention Advisory Prevention Advisory Committee in July 1992 for the C.A.P.S.U.L.E. Program which reduced the juvenile crime in the community and the suspension rate of minority students.

Knight has extensive teaching and administrative experience in the Florida public schools. She received her B.F.A. from Howard University, M.S. from Nova University and Ed.D from Nova Southeastern University. "w»U 60

Doug Lemov

Principal Academy of the Pacific Rim

Doug Lemov is the Principal of the Academy of the Pacific Rim in Boston, MA, an academically rigorous charter school serving students in grades 6-8. The Academy fosters strong achievement among students from all backgrounds by building a culture of discipline, effort and high expectations. The Academy combines the best aspects of Asian schools - discipline, respect and an emphasis on effort - with the best aspects of American schools - an emphasis in individuality, diversity and creativity. Lemov was a founding teacher (of History and English) and Dean of Students before becoming Principal. He also worked as a teacher at the Princeton Day School in Princeton, NJ, an associate instructor of English at Indiana University, and as a production assistant at National Public Radio.

Margaret Lin

Coordinator National Charter School Accountability Network

Margaret Lin is a consultant to charter school support organizations on initiatives designed to heighten the success and quality of charter schools across the country. Based in Washington, DC, she is coordinating the National Charter School Accountability Network, a nationwide collaborative of state-level charter school resource centers working to strengthen accountability planning and practices among charter schools and charter-authorizing agencies. Lin also focuses on initiatives to make federal education policy supportive of charter school success. She is co- author of Charting a Clear Course: A Resource Guide for Charter Schools Contracting with School Management Organizations, published by the Charter Friends National Network.

Lin was co-founder and coordinator of the Charter School Resource Center at Leadership for Quality Education, a school reform organization in Chicago that has provided critical support to the development of 14 charter schools in Chicago, as well as charter founders throughout Illinois. A rotary Foundation Scholar in Brussels, Belgium in 1995-96, Lin has also spent two years teaching all levels of English and cross-cultural courses at public schools, private corporations and international agencies in Tokyo, Japan. She received a B.A. in Rhetoric from the University of Illinois at Champaign-Urbane in 1990 and a ID. from Stanford Law School in 1995. 61

Bruno V. Manno, Ph.D.

Senior Fellow in Education Annie E. Casey Foundation Formerly, Assistant Secretary of Education for Public and Planning United States Department of Education

Bruno V. Manno is a Senior Fellow in Education with the Annie E. Casey Foundation in Baltimore MD. His responsibilities include working with staff from the Foundation's policy • reform and evaluation programs to identify and assess the Foundation's grant-making options in education reform and managing some of the grant programs in education supported by the Foundation. Prior to his work at the Casey Foundation, Manno was Senior Fellow in the Education Policy Studies Program at the Hudson Institute in Washington, DC, a private, not- for-profit research organization with headquarters in Indianapolis IN. From September 1997 to February 1998, Manno was on leave from the Hudson while holding the position of executive director of the Congressionally-created National Commission on the Cost of Higher Education.

Manno was a member of the Hudson Institute research team involved in the "Charter Schools in Action" project, a two year national study of charter schools funded by The Pew Charitable Trusts of Philadelphia. He and his colleagues, Chester Finn and Gregg Vanourek, have completed a book on this project entitled Charter Schools in Action: Renewing Public Education, to be released by Princeton University Press n January 2000.

Manno was Assistant Secretary of Education for Policy and Planning the United States Department of Education. He was nominated by President George Bush to that position on March 24, 1992 and unanimously confirmed by the United State Senate on August 11, 1992. He was a principal advisor to both Secretary of Education Lamar Alexander and Deputy Secretary of Education on policy matters, and planning and evaluation services. He served in that capacity for almost a year prior to his confirmation. ^^ ^

listen ^IcCormacl^ has beenar^art of the Neighborhood House Charter School since its inception in 1^^. She has been wording in the field of management for twenty years. She earned her B.A. in Community Flanning from the University of^assachusetts and her ^l.B.A. from Boston University. She has sr^ent ten years managing nonprofit human service, youth and education organizations, including Federated Dorchester Neighborhood Houses, the Boston Food Banl^,FrojectB^AD,Dorechester^outh Councils and the All Dorchester Shorts league, ^n addition to founding NHCS, she also wasafounding member of the DorchesterCenterfor Adult education, Boston Frivate industry Council, and the Boston Adult^iteracy Fund. Shesoentan additional ten years managing government agencies including the out of school adult education program for the City ofBoston and all alternative school programs for Boston, Deouty Director of the Boston redevelopment Authority,and Director of the ^layoBsC^ffice of ^obs and Community Services. She is currently an adjunct faculty member at both the Harvard University Kennedy School of government and Suffolk University,avisiting fellow at the Lincoln Filene Center at^uftsUniversity,andamember of the Massachusetts education reform review Commission. 63

David Patterson

Director of Governmental Relations California Department of Education Formerly, long-time member, Charter Schools Unit California Department of Education

David Patterson is currently Director of Governmental Relations, and was formerly with the Charter Schools Unit, at the California Department of Education (CDE). For many years Patterson was the voice and advocate for charter schools at CDE. He joined CANEC in January 1999 and established the Governmental Relations Office in Sacramento. Dr. Patterson brings twenty-five years of experience in government and education, in K-12 as well as higher education, in both California and Washington, D.C. He brings statewide experience in school change and reform. He is also active in his community, serving more than eight years on local school boards. He has a deep commitment to charter schools as a way to fundamentally transform the California public education system.

Brett Peiser

Founder and Principal South Boston Harbor Academy Charter School

Brett Peiser taught History at Midwood High School in Brooklyn, NY for four years after receiving a Bachelor's degree from Brown University in Political Science and French. Upon graduation from Harvard University's Kennedy School of Government with a master's degree in Public Policy, Peiser worked for nearly two years as Director of Partnership Programs for Kaplan Learning Services, helping community colleges improve their remedial education programs. For the past two years, Peiser has worked as Founder and Principal of the South Boston Harbor Academy Charter School, a new college preparatory public charter school for students in grades 5-7, expanding to include grades 8-12 over the next five years. Peiser is the co-author of Competition in Education, a study of the social, racial and financial impact of Massachusetts' interdistrict school choice program and created the History standards at the Academy of the Pacific Rim Charter School in Boston. ^

Geoffrey S.Plante,GPA,isaSeniorManagerin^PMG'sAlbany Government services practice. As such, he devotes all of this time to serving government entities in the northeast. Heisa certified public accountant and specializes in operation improvement. He recently completeda review of the East St. l^ouis 11^ School districts, which included its financial management practices to determine where the district could achieve greater operating efficiencies. Eorthe l^ew^ork State Gffice of GeneralServices, he assisted in the plan to outsource the State's centralized purchasing, warehousing, and distribution function to 260 State facilities. He served as technical resource manager on ^PMG'sbusiness process improvement review for the l^ew ^orkGity Board ofEducation concerning thecustodial procurement function. ^ith^PMGhe has also worked on projects forthe^est Hartford Public Schools, Albany Gounty,the^ew ^ork StateThruway Authority and theGapital^egionBGGES.

PlanteisaGertified Public Accountant in the State ofl^ew^ork. Heisamemberofthe Association of Government Accountants, the ^ew^ork State Society of Certified Public Accounts andaboard member of the Arbor Hill GommunityGenter. He has instructed courses for I^P^IG staff on the fundamentals of governmental accountings and performing audits of governmental entities in l^ew^ork. He served on the ^ew^ork State Education Gommissioner'sTaskEorce on BGGES during 1996 to address the governance and organization ofBGGES,costand duality ofBGGES services and the roleoftheBGGES and the district Superintendent in supporting state school reform. ^5

Creg^. Richmond has been Directors Charter Schools Office of the Chicago Rublic Schools since 1^. ^e oversees all elements of the school district'srelations to itsl^ charter schools^ serving roughly ^^000 students with budgets exceeding S^ million, reestablished and implemented procedures for the evaluation of^Ocharterapplications resulting in the approval of ^proposals, ^ewor^s with local and national external partners^ and conducts information workshops prior to the application deadline to assist in the development of charter school proposals. Richmond established the district'scomprehensive legal agreement with the charter schools and created^ in cooperation with the charter schools^acomprehensive charter school accountability ^lan. ^e closed one non^performing charter school. Richmond initiated the creation of national association of charter school authori^ers.

I^rior to thishewasa legislative liaison from 1^^ to 10^^ where he represented the school district'slegislative interests before the Illinois Ceneral^ssemblv.^Ie also served on the legislative Staff of the State Senate Education and appropriations committees.

Richmond isanationallv recognised speaker on charter schools, ^e most recently served ona panel on Intervention Strategies at the U.S. Department ofEducation'sCharter Schools National Conference in Denver C^ in ^vlarchl^^ and on the Council ofUrban^oardofEducation National Conference panel on ^Charter Schools and accountability this past October in Philadelphia^ ^^ ^

PamelaA. Riley co-directs theCenterfor School Reform,aprogram of the San Francisco-based Pacific Research Institute for Public Policy,an independent, not-for-profit research and education organisation. ^heCenteradvances educational reforms that fosterindependent and innovative public and private schools, and advocates strategies that hold schools accountable to high standards and instill competition among education providers. Riley isafrequentspeaker and writer on school choice, charter schools and other educationreforms. I^e is co-author ^ith I^loydl3illingsley^of^^^^^^^ ^^^^and^^^^^^^^^^^^^B ^^^^^.

She isamemberofacommunity group that is developing the ^ov^ers Preparatory School, an inner-city charter school ^information^in Richmond CA.^he^ov^ers^villusearigorous and common curriculum developed by the nationally renowned educator ^larvaCollins^estside Preparatory,Chicago^.

She issfound board member of the California r^et^vor^of^ducation Charters ^CAr^^C^a member of the national Charter School Friends l^etv^orl^ and the Association ofFducatorin Private Practice ^AFPP^, an organisation of for-profit and not-for-profit private sector education providers. She testifies frequently on school reform at legislative and government hearings. She has servedaconsultant for the California department ofFducation in reviewing grant application for federal charter school grants and on the Charter School Advisory Committee of the kittle hoover Commission, Califomia^sstate efficiency and watchdog commission. Riley founded the San Francisco Independent Scholars programa$2.4million scholarship program for students vBho are attending independent and parochial high schools. ^7

Mary Kay Shield is the Director of the Charter School Development and Performance Institute at Central Michigan university. Central Michigan university is Michigan'slargest charter school authorizes having licensed 59 of the state's!73 operating charter schools. Established in 1892, Central Michigan university has built an enviable national reputation asaleader in educational reform through its work with traditional and charterpublic schools.

Shields formerly served asaSpecial Advisory in the Covemor'sC^ffice where she established and implementedastrategic plan involving public and special interest groups,abroad cross section ofleaders drawn from business and industry,interested patents and various public agencies to ensure the development, support and sustainability of charter schools.

She has long distinguished herself asaleaderin education reform, particularly through legislative policy and school finance reform. She has beenagubematorial appointee to various statewide commissions and task forces. Herpublic career spans almost two decades beginning asaLegislative Analyst for the Michigan House ofRepresentative. She has worked in education through her professional life, beginning her education career asaSpecialEducation^eacher. ^

kelson Smith currently serves as Director, Policy and Planning, emergency transitional education ^oardof^rustees, District of ColumbiaPublicSchools.^orthe trustee ^oard charged with reform ofD.C. public school system by ^une^O,^^, his responsibilities include policy development, legislative liaison, and creation of reports and studies onawide range of issues. He has developed the policy on disposition of excess school-system property for charter schools.

He has worked on DC public school reform issues including participation in the mayors working group on school facilities and helped write September 1996 amendments to DC Charter School law. Smith has worked as an education Policy Consultant focusing on academic standards, school leadership and workforce development.

^s^Bice President, from 199^-95,of^ducationand^orkforce Development for the ^ew^ork City Partnership, he developedaplan for restructuring the city^sschool-system governance, built a coalition ofbusiness,government and labor unions to support school-to-work programs, oversaw the private-sector summer^obs campaign and created business-based school-leadership program serving more than 15^ principals. r^rom 1985-9^, with the^.S. Department of^ducation,asStaffDirectorofSec. William 8ennett^s^lementary education Study Croup, he produced his 1986 report ^^^^^^. ^s Director,Programsforthe Improvement ofPractice^!989-199^ he managed the national effort to spur education excellence using research-based strategies, oversaw the ^lue gibbon Schools recognition program, the national Diffusion network, and the davits program for gifted disadvantaged children and other initiatives. He managed an $85 million annual budget and staff of90 69 Gregg Vanourek

Co-Author Charter Schools in Action: Renewing Public Education Formerly, Research Fellow Hudson Institute

Gregg Vanourek is an M.B.A. candidate at the Yale School of Management in New Haven CT. While at Yale, he co-authored, with Chester Finn and Brunno Manno, a book on charter schools, Charter Schools in Action: Renewing Public Education, due out from Princeton University Press in January.

Prior to coming to Yale, Vanourek served as Vice President for Programs at the Thomas B. Fordham Foundation in Washington DC, a national education reform foundation, where he transformed this local grant-making foundation with no staff to a pro-active national foundation. He drafted and implemented the foundation's $1.4 million program and research budgets. He conceived, designed and launched the first-ever K-12 private scholarship program in OH. Before that he served as a research fellow at Hudson Institute where co-authored three major policy reports and wrote 25 published articles. He has delivered speeches, and radio and television interviews on education policy. He designed, launched and maintained an interactive web site (www.edexcellence.net). He also managed production of a book and numerous reports, from concept to commission and release. He has a Master's degree from the London School of Economics and a bachelor's degree in politics, philosophy and economics from Claremont McKenna College in CA where he was an Academic Ail-American soccer player.

Sandra Vegari Assistant Professor Department of Educational Administration and Policy Studies State University of New York

Sandra Vegari is an assistant professor in the Department of Educational Administration and Policy Studies at the University at Albany. She earned her Ph.D. in political science from Michigan State University. Her primary area of research experience is education reform policy. In particular, Vergari has been tracking and analyzing charter school politics and policies across the U.S. for six years. She is knowledgeable about a board range of charter school issues. Vergari approaches charter school issues from the perspective of a neutral observer. This independent credibility has enabled her to gain access to and collect valuable information from a broad range of relevant individuals. Vergari is presently conduction research on charter school authorizes and accountability issues. Vergari's work has appeared in both policy reports and academic journals including Journal of Education Finance, Journal of Politics, Policy Studies Journal, Publius: The Journal of Federalism and State and Local Government Review. 70 6 71

For Applicants' Use

ISSUES TO CONSIDER

Review Criteria

Extracted from the CSIApplication Kit 72

THE MISSION

Charter school applicants should clearly define the school's mission.

Applicants may demonstrate this by:

• developing a clearly stated and focused mission statement for an innovative school;

• including in the mission statement the elements that further the purposes of the New York Charter School Act of 1998; that is, increased learning opportunities for all children, rule- based vs. performance-based accountability systems, etc., and the school's role in the context of educational reform;

• describing the school's unique aspects, features, theme, etc., and why parents and children want such a school;

• explaining any specific research or philosophical basis underlying the school's mission;

• describing "at risk" students and how they will serve them, if applicable;

• defining how the school will provide professional opportunities for teachers and administrators. 73

SCHOOL DESIGN AND ORGANIZATION

Charter school applicants should craft a school design and organization that matches its mission and will produce the desired educational results.

Applicants may demonstrate this by:

determining the length of school day and school year, and articulating how this will further the school's mission, goals, and objectives;

indicating the grade levels to be offered (and applicable ages), and how these grade levels will be grouped and organized, and the overall number of students they hope to serve;

determining whether the instructional staff will be organized as individual teachers, members of teaching teams, and/or in interdisciplinary groups;

itemizing assumptions for class size by grade, as well as the assignment of teachers and teaching assistants to each classroom;

indicating whether the school will be organized around an academic theme or other theme;

explaining the process by which the school will provide an appropriately challenging program for special needs students (e.g., at-risk of academic failure, special education, gifted and talented);

explaining any after-school or summer school programs that will be offered;

indicating the school's admissions policies consistent with requirements under New York State law;

itemizing any requirements for student uniforms or dress codes;

explaining plans to provide food and health services;

indicating what services (social, counseling, etc.), if any, will be integrated into the school's structure;

explaining the rationale for the overall school design, and whether it is based on specific research or model school design. 74

ACADEMIC STANDARDS, CURRICULUM, AND TEACHING METHODS

Charter school applicants should develop educational standards, a curriculum, and teaching methods that support the school's mission and will produce an exceptional educational experience for students.

Applicants may demonstrate this by:

articulating clear and measurable educational standards for each subject offered in the school;

-articulating an educational program that reflects the purpose and objectives of the school and its guiding beliefs about the way students learn and achieve personal development;

incorporating the educational standards adopted by the state Board of Regents;

selecting or designing a curriculum which matches the school's mission and leads to fulfillment of the school's performance standards;

indicating the teaching methods that will be used to implement the school's curriculum;

explaining what textbooks, instructional materials, and technology may be used as part of the school's teaching program;

describing learning theories that underlie the school's curriculum and teaching methods, how they will be applied, and how they will create the desired educational climate and improve student achievement. 75

STUDENT PERFORMANCE; MEASURING, TRACKING, AND ENSURING RESULTS

Charter school applicants should develop a system to measure, track, and ensure student results.

Applicants may demonstrate this by:

indicating how progress towards achieving performance standards and mastery of the school's curriculum will be assessed;

indicating how the school will administer all required state assessments and how it will develop comparisons between the proposed school and other existing public schools;

using additional assessments, where appropriate, to measure attainment of performance standards, and explaining the linkage of the assessments chosen to the particular standards and curriculum to be offered by the school;

setting up a tracking system to monitor student performance on a periodic basis;

explaining how their assessment system will establish a performance level for new students, i.e., their use of norming groups, baseline testing or other methodologies;

explaining how the failure of any student to meet any school standards will be remedied;

detailing the intervention strategies and resources that will be tapped to assist under- performing students to meet school standards;

articulating policies and standards for advancing students to the next instructional and grade levels;

detailing the standards and requirements for graduation (if applicable);

indicating how the school will benchmark student results (for example, in comparison with national or state averages, or local public or private schools);

describing the contents of the school's annual progress report;

explaining the extent to which independent evaluators will be used. 76

SCHOOL GOVERNANCE

Charter school applicants should assemble a planning team and/or board of trustees who collectively have the talents needed to open, staff, and oversee a high quality school.

Applicants may demonstrate this by:

• identifying the competencies essential to successful operation of a public charter school (e.g., educational, managerial, fiscal, legal);

• selecting a board of trustees that reflects the varied expertise that will be needed to open, operate, and oversee the proposed charter school, as well as how new board members will be selected when turnover occurs and the term length for current members;

• assembling a board of a manageable size with sufficient depth and breadth of experience;

• understanding the need for clear controls to prevent any conflicts of interest involving board members;

• demonstrating a clear understanding of the legal obligations and responsibilities of the board of trustees of a charter school, including regular meetings, public notice of meetings, and an understanding of open meetings law;

• clearly articulating how the school will be governed and managed, including how decisions will be made and by whom. 77

PERSONNEL AND SCHOOL LEADERSHIP

Charter school applicants should demonstrate an understanding of how to recruit, organize, and support the leadership of the school and ensure the proper financial, budgetary, instructional, and legal management of the school.

Applicants may demonstrate this by:

• documenting the size of the school administration, and what functions will be contracted for separately;

articulating a vision of the professional and other qualities they deem necessary in the individual or individuals selected to lead the school;

explaining the vision for how the school leadership should be structured and staffed;

indicating to what extent the faculty of the school will share in the responsibility for leading and managing the school;

describing the roles and responsibilities between the board of trustees of the school and the administration of the school;

clearly indicating who would possess the authority and management responsibility for budgeting, accounting, performance reporting, legal issues, fundraising, etc., as well as job descriptions for senior positions;

addressing the proposed contractual relationship, if any, with a for-profit management partner, including delineating the responsibility between the board of trustees of the school and the management company, the duration of and termination of the terms of a contract, how the board will evaluate the management company, and how the management company will be paid;

articulating clearly the responsibilities (objectives, goals) of the leadership of the school, the faculty, and others, and how job performance will be evaluated;

including in the application, the biographies of senior staff that will join the school (if known), pending approval of the application;

demonstrating a full grasp of the school's legal obligations related to open meetings, freedom of information requests, public reporting, public oversight, appropriate expenditure of public funds, proper financial accounting and reporting, labor relations, and applicable health, safety, and civil rights laws. 7^

explaining the vision for how the schoolleadershipshoi^ld be structured and staffed^ indicating to what extent the faculty ofthe school will share in the responsibility for leading and managingtheschools describing the roles and responsibilities between the board of trustees of the school and the administration ofthe schools clearly indicating who would possess the authority and management responsibility for budgetings accountings performance reporting, legal issues, fundraising,etcD, as well as^ob descriptions for senior positions^ addressing the proposed contractual relationship, if any, with a forDprofit management partner, including delineating the responsibility between the board of trustees of the school and the management company, the duration of and termination of the terms of a contract, how the board will evaluate the management company,andhowthe management company will be paid^ a^iculati^gclearlythere^ponsibilities^obiecti^es,goals^ of the leadership of the school, the faculty,andothers,and how ^ob performance will be e^aluated^ includingintheapplication,the biographies of senior staff that will^oin the school ^if^nown^, pending approval ofthe applications demonstrating a full grasp of the school's legal obligations related to open meetings, freedomofintormationre^uests,publicreporting, publico^ersight, appropriate expenditure of public funds, proper financial accounting and reporting, labor relations^ and applicable health, safety,andci^Bil rights laws^ 7^

^^^^^^

^^^^^^^^^^^ff^^OO^n^^^^^^^^^^^^tri^

articulatingaclear vision of the qualities that they will seek in prospective members of theschool'sinstructionalstaf^including^ob descriptions and how ^ob performance will be evaluated^

explaining the steps, if any.the school intends to take to ensure that its teachers are expert in the subject area that they will teach^

explaining fullythe range of responsibilities oftheschool'sinstructional staffs

explaining the classrooms to be used, including their si^e. teaching tools, technology, as well as the time and resources that willbe devoted to training teachers.students and parents in the proper use oflearning tools in the classrooms

detailing the salary and benefits the school intends tooffer to attract teachers who possess the qualities the school deems necessary to fulfil its educational missions

explainingthe way in whichthe school will seek to attract, retain, and reward good teachers^

indicating the school'sapproach to teachers who are not stilling expectations, including approaches to evaluation, possible remediation, or dismissals

indicating the extent to whichthe school intends to hire any uncertified teachers as allowed under the charter school law^

indicating whether the school anticipates pursuing alternative ^orms of teacher certification authorised by the state education commissioner, including individuals with ^unusual qualifications^

explaining the steps the school will take to screen prospective teachers ^or the safety and protection of school children^

explaining the school'splans to educate students who may have unique educational needs asaresultofphysical.mental or learning disabilities, language barriers, etc^

explaining their request, ifapplicable. to be awarded one of the 10 ^^r^Y^recommended charters for which union representation is not mandated regardless ofthesi^e of student enrollment in the ^irst year of operations

articulating how the schoolexpects teachers toinvolveparentsinasupportive way. including any innovative technology methods^ ^

indicating the time and resources that will he allotted to teachers for classroom preparation, updating skills and knowledge, and professional developments

^ documenting the size of the instructional staffand any overlap with administrative responsibilities' 81

FINANCES AND ACCOUNTABILITY

Charter applicants should present budget income and cash flow figures that are balanced, realistic, and comply with generally accepted accounting principles.

Charter applicants may demonstrate this by:

presenting a complete budget for start-up costs;

presenting a complete annual budget and a financial plan that covers the period for which they are requesting a charter including month-to-month financials for the first year,

having reasonable enrollment projections, and fall-back scenarios if actual enrollment data differs from initial projections;

having reasonable revenue projections, including federal and private funds;

presenting reasonable and adequate figures for salaries and benefits;

explaining the financial implications of decisions on class size and assignment of teachers and teaching assistants to each classroom;

identifying how special education and bilingual programs can be delivered within the proposed budget and identifying any additional special education funds projected in the proposed budget;

providing adequate justification for estimates for lease, renovation, and construction costs;

explaining any additional costs that might result from a longer school day or school year (should they propose one), or any anticipated after-school or summer programs;

explaining how capital costs will be absorbed within annual revenue projections, and any need for additional financing;

providing realistic estimates of private fundraising and public grants as well as itemizing actual commitments; - •

presenting a realistic plan for securing any funds needed beyond the per-pupil allocation provided under state law;

budgeting for emergencies, revenue shortfalls, and delays:

indicating how per pupil costs compare to resident school district per pupil costs; ^

D having a ^^ review and certify all financial information, including all projections, along ^ith documenting all the accounting principles^decisions used tocreatethefinancialin^brmation, suchasdepreciationschedules, inventory accounting method, revenue recognition, etcD

D theavailability of public resources,or that are needed inadditionto public resources^

D itemizing any financial, hiring or services commitments they may have, including ^lettersofintent^

^ indicating an understanding ofthe insurance coverage that ^vill be needed^ and ^

^^^^^^^0^

charter school applicants should demonstrate an ^nder^st^ndin^ of the steps ^hat must be ^al^en to ^open the doors^ofthe charter school^nd manifest the talent and resources to do so onatimelybasis^

^^^^^^^^^^^^^^^

presentingarealistic transportation plan thatreflects the location ofthe school, the size of the schools target market for students, the schools length of^cnool day and school year, and estimated participation in any after^school or summer programs^

having a clear understanding of the space needs implicated by the school design, enrollment projections, class size ranges, and the school^sacademic programs

demonstrating an ability tosecureanavailable school facility, anddemonstratinga familiarity ^vith the local real estate market and the availability or scarcity of suitable spaced

articulating ho^v the location helps poster the mission and goals of the schools

indicating the presence oftalent on the planning team, board oftr^stees, or elsewhere that is needed to oversee the selection ofasite and the negotiations involved in the lease, purchase, or construction of suitable spaced

developing plans that are consistent ^vith all applicablehealth,safety,andlocal code requirements^

developing a plan to purchase or lease the necessary applies, equipment, and instructional equipment needed byane^v schools

developingaplan to finance any start-up costs that ^villbeincurred in advance of the availability ofpublic resources, orthat are needed in addition to public resources^

itemizing any financial, hiring orservices commitments they may have, including "letters ofintent^

indicating an understanding ofthe insurance coverage that ^vill be needed^ and

havingadetailed and viable plan for hiring the necessary individualsbefore school opens^ ^

^^^^^^^^^^

charter schoolapplicants should consider futut^eplans fortheschoolincluding planned changes and unplanned contingencies that could confront the schools

D describinganyintentionto expand the charter school,includingphysicalexpansion, anticipated growth in the school's budget or other financial expansion, expansion in the grade levels served, or expected increases in the student populations ^ describing plansfor the transfer of students andstudent records, andforthe disposition of school assets, including the satisfaction of any outstanding debts in the event of dissolution ofthe charter school 85

W 86

/^ ^ T Charter Schools Institute \^j J^ jg_ State University of New York

APPLICATION REVIEW WORKSHEET

AND

SUMMARY OF RECOMMENDATIONS

Name of School

Reviewer

Date 87

CHARTER SCHOOL APPLICATION REVIEW CRITERIA Review Panel Worksheet

Using the attached criteria addendum in the application packet please provide us with your comments on each segment.

• MISSION STATEMENT

Reviewers will look at the degree to which the vision of the proposed charter school is clear, focused and consistent with high academic standards. The mission should respond to the needs of the target population and reflect goals that are clear, measurable and attainable.

Charter school applicants should clearly define the school's mission.

> Comments:

• SCHOOL DESIGN AND ORGANIZATION

Reviewers will look at the degree to which the proposed enrollment and growth of the school is sensible and consistent with its mission and programs. Reviewers will also look for description of a school ethos and discipline policy that are consistent with high expectation of students' and the mission and program of the school.

Charter school applicants should craft a school design and organization that matches its mission and will produce the desired educational results.

> Comments: 88

• ACADEMIC STANDARDS AND CURRICULUM

Reviewers will look for a program that is aligned with the schools' mission, philosophy and goals and that challenges students to perform at high levels. Reviewers will also look for the quality curriculum founded on an understanding of educational theory, teaching method and core academic subjects. Applications should identify auricular sources and assessment tools and be consistent with the public interest.

Charter school applicants should develop educational standards, a curriculum, and teaching methods that support the school's mission and will produce an exceptional educational experience for students.

> Comments:

• STUDENT PERFORMANCE ASSESSMENT

Reviewers will look for the quality of an assessment plan that features multiple measures of student outcomes. The application should describe compelling objectives that are consistent with its mission in program as well as with high academic standards.

Charter school applicants should develop a system to measure, track, and ensure student results.

> Comments: 39

• PARENTAL AND COMMUNITY INVOLVEMENT

Reviewers will look for the quality of provisions being made by the school for families to be active participants in the school. Plans for developing working relationships and evidence of community support should be stated.

Charter school applicants should indicate that they will involve parents in the education of their children and play a posistive role in the community.

> Comments:

• SCHOOL GOVERNANCE

Reviewers will look for evidence of a stable, effective governance model that is capable of providing a strong vision and continuity of leadership.

Charter school applicants should assemble a planning team and/or board of trustees who collectively have the talents needed to open, staff, and oversee a high quality school.

> Comments: ^ ^

Reviewers will look ^oradescriptionofthestandards to be used in the hiring process including teacher qualifications and professional credentialsalongwithatargetedstatfsi^e and teacher^studentratio.Reviewers will also looker commitment ofpro^essional development of staf^ desirable working conditions and ^air compensation packages which attract o^ualitvstaf^ compliance with labor laws

Charterschool applicants should demonstratean understanding ofhow to recruit, organic and support the leadership ofthe school and ensure the proper financial, budgetarv,instructional, and legal management of the schools

^ Comments^

Reviewers will looker sound t^nancialplanning^scalviabilitvofthe school, ^fhev will also look at the degree to which the budget demonstrates knowledge ofthe practical mattersofthe operation ofaschool and thedegree to which the budget is based on sound reasoning.

Charter applicants should present budget income and cash flow figures that are balanced, realistic, and complv with generally accepted accounting principles^

^ Comments^ ^

Reviewers will lookforthe duality oftheapplicant^splans and progress toward attractingthe resources necessary for acquisition and^orrenovationofaschoolfacility^ Reviewers will also lookfora^uality plan that can identify and ac^uireasitesuitahleforthe proposed charter school

Charterschool applicants should demonstrate an understanding ofthe steps that must he taken to "open thedoors**ofthecharterschool, and manifest the talent and resources to do soonatimely^asisD

^ Comments^

Reviewers will lookforarealistic strategy and timelineforthe successful launch and expansion ofthe charter school and the degree to which the plan is consistent with the proposals oh^ectives^

Charter school applicants should consider future plans for the school Including planned changes and unplanned contingencies that could confront the school

^ Comments^ ^ ^

The overall viability and reasonableness or^the applications The proposal is well organised, clear, and convincingthat the project can beaccomplished. The proposed work is consistent with the plan^svision, goals and objectives. The budget, proposed workloads, and work timelines are consistent with the plan.

^ ^T^O^^^^T^^

^achsectionot^theapplicationmakesaconvincing, logical presentation, ^.llpartso^the plan areaddressedinastrong, in-depth, comprehensive, thoughts! and imaginative way. The application taken asawhole is clear and specific in what it proposes to do and very convincing that it is capable or^doing it. The proposal work is highly consistent with the goals and objectives specified by the plan^svision and educational philosophy, ^oththe budget and the worktimeliness are detailed, realistic, and consistent with the plan. It is very clearto the readerthatthe applicant has suitable personnel and other resources available to do the work.

The application adequately outlines what it proposes to accomplish and is quite convincing that it is capable or^achieving its stated goals. The proposed work is adequately consistent with the plan. It is clearto the readerthat the applicant as people available to do thework. ^oth the budget and the worktimelines are generally consistent with the plan.

I^ocus is either general, too narrow,or superficial, application may not be viable or reasonable to the situation at hand ^nlya^ew parts or^the proposal may be sketchy and timelines may be absent.

^.ating^ UlK 93 ^

UndertheNewYorkOharterSchools^ctofl^^,^ducation^aw^^^^etse^, the Board ofTrustees of the State University ofNewYork was granted authority,among other duties, to receive, review and approve applicationsfor charter school The Board ofTrustees has authority to approve up to fifty applications that result in charters^ m order to assist the Board in the administration ofits duties, the Trustees authorised the creation ofthe charter Schools Instituted

B^mong the Institute^stasks is to conductarigorous review process—and at the end of this process toforward its recommendations to the Trustees^ The institute's process is competitive^ applications are fudged not only against the criteria setforth in the charter Schools ^ct, but also against each other^ m this way,only the strongest applications are recommendedfor approval to the Trustees^ ^description of the review and approval process is provided below^

T^T^^^8^

The charter Schools ^ct requires that the Board ofTrustees^act on" any application that itreceivespriorto October 1st on or before January 1st of the immediately succeeding calendaryear^ In addition the Trustees must execute proposed charters with successful applicants (resultingfrom applications received prior to October Ist^on or before February 1st ofthe succeeding year^ ^ccordingly,applicantswho submit applications to the Board ofTrustees on or before September ^th are guaranteed that their applications will be reviewed by the institute in that ^all^sreviewcycle^

The law also permitsacharter entity to review and approve applications at any time^ ^n applicant, therefore, may submit anapplication after September 30th^ However, there is no guarantee such applications will be "acted on"beforeJanuary 1st of the immediately succeeding year^ ^^ ^5

^teoOne^ Internal ^taff^eview

^ach application received by the charter schools institute is initiallyreviewed by a member ofthemstitute^sapplication review department. The purpose of this staff review is twofold, r^irst, the staffmember assigned the application determines whether the application is complete, i.e., the applicanthas answered all questions and provided all the information requested, ^fan application is incomplete, the application will not be further reviewed, ^hileacomplete application isanecessary prerequisite to conducting ameaningfulreview,this does not mean thataminor gap inasingle question will necessarily result in the application not receiving furtherreview. ^application will be treated as not appropriate forreviewonlywhere the applicant hasfailed to provide information sufficient to^udgewhetherthe application has merit, applicants, whose applications are deemed incomplete, and subsequently not approved bythe Trustees, will be urged to resubmitacompleteapplicationfor future consideration.

The staff review^ssecond purpose is to determine whether the application meets minimal standards of competency, ^here an application, on itsface, demonstrates that the applicant is unable to appreciate and overcome the complex educational, organizational, legal and financial issues involved in the creation and running ofacharter school,the application will not be furtherreviewed. ^o, too, where an applicants responses are superficial, and without reasonable supporting evidence to permit the applicant^sresponses to be verified, the application will not progress to the ne^t review stage, m making this determination, the staff member will, as necessary,consult with counsel or educational consultants on retainerwith the institute, ^t is important to note that this qualitative review is meant only to weed out applications that are manifestly inadequate in multiple respects^ samples ofsuch inadequacies could included

^ wildly unrealistic start-up or operational budgets ^ lacl^ofafacility and no realistic planforobtainingafacility ^ afailure to reasonably specifyacurriculum or achievement standards or assessment tools. demonstrable lac^ofeducational^professional experience ofthe applicant andBor members of the proposed charter school-board of trustees pervasive sloppiness indicating inattention to detail ^ responses inconsistent with statutory and constitutional requirements ^here staff review determines thattheapplicationfails to meetaminimum standard of competency,the application is furtherreviewed by anothermember of the mstitute^sreview staffer an outside consultant to the mstitute^. ^fthe second reviewer confirms the staff reviewer^sfindings, the institute will recommend that the Trustees not approve the application, ^f, however, the second reviewer disagrees with the findings of ^

the firstre^iewer, the application can proceed to the second stage ofthe review process, if time allows.

Steo^wo^ external ^e^iew

^. ^anel^e^iew

^nce an application has successfullypassedstaffre^iew,itisforwardedtoa review team, ^.e^iew teams consist usually offour or remembers, each ofwhom is an expert in one or more areas of education and^orcharterschool operations, ^e^iewteam members include charter school operators, directors ofother states'charter entities, certified public accountants withabackground in nonprofits and education financing, academic experts, directorsof charter school associations, and consultants with expertise in charter schools, panelists are provided applications, an e^aluationformandacriteria guide in advance ofare^iew team meeting, ^ach application is assigned toa^lead reviewer" who is responsibleforpresentingthatapplication to the review team.

^t the meeting ofthere^iewpanel, the individual assigned an application presents it to the panel, laying out the application's strengths and weaknesses. Staff then presents an assessmentof the application'sbudget and business plan based on the written report prepared for the institute byacerti^ied public accountant troma^bigfi^e" accounting firm, ^e^iewersha^e unlimited time for discussion and debate, curing that discussion, the reviewers are asked to comment on each section ofthe application, i.e., educational program, business plan, school organisation, panelists are encouraged to debate vigorously the merits ofthe applications before them.

morder to ensureafair and impartial review process, each reviewer, prior to the beginning of the review process, is asked to completeaconflict^of^interest statement, ^f the re^iewcr'swritten responses to the questionnaire indicateapotential conflict, the Institute'scounsel conducts further inquiry. Ifaconflict is determined to exist, the reviewer is asked to recusehimselforherselffrom the proceedings.

^t the end of the re^iew,each panelist is asked to evaluate the ^nstitute'sprocess and the panel'sworkaswell as provide names of otherpotential panelists, ^he institute uses these reviews to make continuous improvements to the review process.

^. ^ndi^idual^e^iew by Outside expert

^fopro^ideafurtherle^el of scrutiny and analysis, each application is also reviewed by an individual, outside expert, ^he individual ^blind" reviewer is not gi^en the results of the panel re^iew^orthe names ofthe panelists^, ^s with the panel review, the^re^iewer completes an e^aluationform and is asked to assess each section of the application, ^o, too, the individual re^iewermust also completeaconflict^of^interest questionnaire. ^B^ ^7

^ten^hree^^he8oardof^rustees selects Aoolications^Ieritin^ further Review

^nce the panel and individual ^blind^ reviews ha^e been completed, Institute staffintegrateandsynthesi^e all the re^iewers^findings.^ased on this information, the Institute raru^s and divides the applications into thefollowing two categories^ in the first category are applications which show sufficientpromise to be recommended to the trustees as deserving furtherre^iew and investigation. In the second category are applications which may show promise forthe future, but which in theirpresentform raise question ofsufficiently serious magnitude and number as to cast doubt on the liability of the school opening in^all^O^ In addition to ranging the applications on theirmerits, the Institute assesses any public comment^from school districts or otherwises

^he Institute then presents the results ofitsre^iewto the trustees, who, ata meeting ofthe^oard, determine whetherto approve, in whole or in part, the Instituted recommendations.

^tep^o^ further Review and Investigation

Ifthe trustees determine that an application merits furtherre^iew and inquiry, then the Institute, at the ^rustees^ direction, will tal^ethefollowingfurthersteps. I^irst, the Institute submitsalist of questions^commentsBrequested amendments to the applicant ^Request for Amendment^.^heRequestfor Amendment is the product of the re^iewers^ comments and the internal staff re^iew,includingare^iew by the Institute^scounsel. Responses to the Requestfor Amendment must be submitted to the Institute in writing. If the applicantfails to comply with this requirement, the Institute may deem the application withdrawn.

^fhelnstitute^sstaff,and^rustees if they desire, also conduct interviews with the applicant team. In general, thelnstitute requires that the lead applicant,aco^applicant^if applicable^,arepresentati^eofafor^profitornot^forprofit partner and one or two members of the proposed charter school-board of trustees be present at the interview, members of the applicant^steam may be interviewed individually or asagroup. It is expected that the applicant team will be prepared to answer all questions which are raised in the Institute^sRequestfor Amendment. In addition, as part ofthe interview process, the Institute^sstaffconductsasite^isitofthefacilities^locationforthe proposed charter school.

At the same time that interviews are being conducted, the Institute also conducts background checks on the applicant and other^nembers or organisations of the charter school^sfounding group, including, in particular,achecl^ on the applicants partners, ^hese background checks are in addition to the statutorilyrequiredfingerprint^criminal background chec^for each applicant.

1 Also included in that category are applications which were found to be incomplete or manifestly insufficient. 4^^ ^

In conjunction with its furtherreview,Institute staff also solicit and review public comment. Institute staffwill attend public hearings convened by interested school districts to listen and report firsthand on the proceedings.

l^astly,Institutestaffwill consult, as is appropriate, with their counterparts in the ^tate education department where an application raises legal or other concerns.

^tep^ive^ f^inal Institute assessment

^nce all reviews, interviews, background checks are complete, the Institute preparesawritten assessment of each application. The written assessment incorporates all review process findings to that time, including an assessment ofany public comment that has beenforwarded to the Institutefor its consideration. ^inally,on the basis of these assessments, the Institute selects those applications which are the strongest and recommends themfor approval. It is possible that, based on its findings, the Institute will not recommend all applications which the Trustees had earlier selectedfor advancement andfurtherreview. The Institute^srecommendations,togetherwith supporting materials, areforwarded to the ^dl^oc^ommitteeforits review and comment.

^tep^i^ ^oardofTrustees^nproval

The ^d Hoc committee, atapublic meeting, will review the recommendations presented to them by the Institute and will vote on whetherto recommend them to the full I3oard. The ^dl^oc committee will then present the results ofits review and vote to the ^oardfor final approval, ^t that point, after considering the ^d Hoc ^ommittee^s recommendations, as well as any public comment received, the ^oard will vote whether to approve each application recommended to it by the ^d Hoc committee. I^pon approval, the Institute, as directed by theTrustees, will enter intoaproposedcharterwith the applicant, and the application and supporting material will beforwarded within five days to the ^oardofl^egentsfor its action.

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ADMINISTRATIVE OFFICES 240 Demon Place Roosevelt, NY 11373 Tel: (316) 867-8600 Fax:(516)379-0178

Board ofEducrion . Mi^IH,?'?7 ShertJohiMOiuPieiident Superintendent of Sehools Stephen Budhu. Vice President Marsha Bedard

Glenn Simmons RcOClVtU July 8,1999 JUL 1 2 1999

Mr. Scott W. Steffey, President CHARTER SCHOOLS Charter Schools Institute INSTITUTE State University of New York at Purchase 73S Anderson Hill Road Purchase, New York 10572*1400

Dear Mr. Steffey:

Almost a month has gone by and I still have not received a copy of the Roosevelt Academy's charter school application. I wonder why you choose to keep us In the dark about this school.

In the event that you did not read my viewpoint article in last Sunday's Newsday I have included it along with this letter. This issue has never been about opportunity for all students. It is funding. It Is clear to all of us in Roosevelt that this level of funding will push our district Into fiscal insolvency.

Perhaps a meeting In Albany between the interested parties might help you to realize the problems this charter school will create In our high tax-low wealth school district.

I would also appreciate a complete copy of this charter school's application as soon as possible.

Please feel free to contact me If you have any questions.

Sincerely:

Michael Mostow

Cc: Commissioner Richard Mills Roosevelt UFSD Board of Education PAGE 62. 98/23/1999 10:34 9142517923 CHARTER SCHOOLS INST

)-. (i. 101 ROOSEVELT UNION FREE-SCHOOL DISTRICTS 240 DENTON PLACE, ROOSEVELT, NEW YORK 11575

Board of Education Superintendent Glenn Simmons, President Michael Mostow Mark Davis, Vice President Marsha Bedard Stephen Budhu Rodney Remain

July 20, 1999

Mr. Scott W. Steffey, President Charter Schools Institute State University of New York 735 Anderson Hill Road Purchase, New York 10577

Dear Mr. Steffey:

Thank you for responding to my letter and providing me with a redacted copy of the application for the Roosevelt Charter School, the Victory Children's Academy

I would like to bring to your attention a Newsday interview with Mr. Klinsky n which he clearly states that Victory Schools, Inc., the corporation that will run this charter school is a profit making venture. I would be interested in hearing your logic on why you consider this school to be not for profit.

Unfortunately, you and your staff continue to miss the point of our problem w th charter schools. It is about funding, not educational options nor the challenge to prov de a better educational program. It is this issue, that 1 wish to discuss with you as it's effect will financially devastate the Roosevelt Union Free School District.

If our schedules permit, I would like to meet with you in late August or early September 1999. In attendance, will be my Board of Education President, my Assistant Superintendent for Business and myself. Please have your secretary call my o(ffice at 867-8616 to make arrangements for our meeting.

Sincere!

Michael Mostow Superintendent of Schools Cc: Board of Education Senator Fusehillo Commissioner Mills ^ DECEIVED Attachment (Newsdny Article) JUl. 1 6 1999

CHARTER SCHOOLS INSTITUTE- 10/27/1999 16:18 9142517923 CHARTER SCHOOLS INST PAGE 02/03

ROOSEVELT UNION FREE SCHOOL DISTRICT ADMINISTRATIVE OFFICES 240 Denton Place Roosevelt, NY 11575 Tel: (516)867-8616 Fax: (516)379-0178

Board of Education Michael H. Motto* Glenn Summons, President Superintendent of Schools Mark Davis, Vice President Marsha Bedard Stephen Budhu Rodney Remain

October 22,1999

1 ^^ "v- Mr. James D. Merriraan, IV, General Counsel Charter Schools Institute State University of New York 735 Anderson Hill Road Purchase, NY 10577-1400

Dear Mr. Merriman:

The proposed charter school for Roosevelt, New York, "The Roosevelt Children's Academy" will have a devastating financial effect on this school district and its taxpayers. The following are some of the facts that illustrate this point:

• I have been told by State Education Department officials that approximately 200 of the 249 projected enroUees will come from Roosevelt.

"• The State Education Department has told me that the approved operating expenses (AOE) are $8,600 per student, which is equivalent to our average K-12 cost.

• This AOE times to projected enrollment of 200 will require that the district raise $1,720,000 at an approximate tax increase of $8.50 per $100 of assessed home value.

• The average homeowner has an assessment of $4,300 in Roosevelt. This equates to a tax increase of $365.50.

• Our current tax rate of $56.86 would be increased by almost 16% before any costs (mandated or program enhancements) can be made for regular district programs.

• It is unlikely that our budget will pass. Inevitably, we will be on austerity as we are this year. If the state cap on expenditures increases on an austerity budget are similar to this year, we will have to keep our increases to approximately 1% as they were this school year. W27/1999 «:18 .9142517923 0«T« SMOS INST PAGE 83,6: 103

• In order for us to fund the required $1,720,000 for the charter school, we will have to reduce expenditures for our expanding 3,200 pupil population by the same 1.7 million dollar sum.

This will destroy our fragile school program that is just beginning to improve.

Furthermore, the difference between our AOE and our present State Aid is $ 1,600. This means that at the current AOE, we would have to make-up approximately $320,000 plus other expenses such as textbooks, remediation, special education testing, etc. These costs could easily add $200,000 to the sum. Together our continuum costs would be over $500,000 in the second year.

However, as this charter school grows our AOE will increase, our ancillary costs will increase and the funding base for our regular school population will continue to shrink.

It is also our understanding that a significant, if not all, of the Pre-K to 2 students in the current Miss Shelly's Upward Prep will be part of this charter school's first year operation.

'• There is little likelihood that any cost savings will be recouped by the school district for many years.

As you can see the fiscal implication are very severe. If the Roosevelt Union Free School District is to continue to exist, there must be a separate source of funds to operate charter schools. School choice is not the issue, it is funding. Without legislative correction the Roosevelt Union Free School district will become insolvent within the first or second year of a charter school operation. You cannot let this travesty of education take place where over 3000 public school students will have greatly reduced funds to support their learning. You must either not approve such schools or help secure a realistic source of funding.

Sincerely,

Michael H. Mostow Superintendent of Schools

MHMrpg Cc: Board of Education State Panel Senator Charles Fuschillo, Jr. Assemblywoman Earline Hill Hooper 104 105

NOTIFICATION OF THE SCHOOL DISTRICT

On behalf of the State University of New York Board of Trustees, the Charter Schools Institute has provided the following notification to the school district in which the charter school application proposes to site the school.

• July 15,1999: Letter to the school district, notifying it that the Trustees had provisionally approved the application, soliciting the district's comment, and notifying the district of its right to convene a public hearing.1

• January 27,2000: Memorandum to the school district, notifying the district that the application had been approved on January 25,2000, and the time-table for execution, submission and possible issuance of the proposed charter.'

1 Notification provided pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998.

2 Notification provided pursuant to subdivision 2857(1) ofthe New York Charter Schools Act of 1998.

ou-aiua u Maul lliam.1 (Amber. Ilarta. »,.»»»H) j. \J o

A • s> - 107

Charter Schools Institute CSI State University ojNew York

735 ANDERSON HILL ROAD SCOTT W. S:=--- PURCHASE, NY 10577-1400 PRE.-:?: PHONE: 914-251 -7922 Via CHANCELLOR OF :• Fax: 914-251-7923 STATE UNIVERSITY OF NEW V - E-MAIL: [email protected] w\w.newyorkcharters.org July 15, 1999

Mr. Michael Mostow Superintendent of Schools Roosevelt Union Free School District 240 Denton Place Roosevelt, NY 11575

Dear Mr. Mostow:

Enclosed please find a copy of the application of the Victory Children's Academy - Long Island Charter Public School. As you know, the State University Board of Trustees approved this application on June 15. Please consider this letter as formal notification as required by the Charter Schools Act.

The next step in the chartering process is the solicitation of comments on these applications and we welcome your comments and those of the public. As you know, the law provides that you may hold a public hearing on this proposed charter school.

We are excited about the prospect of a charter school opening in the Roosevelt area that will address the need for additional public education choices for children. With the adoption of the New York Charter Schools Act of 1998 by Governor Pataki and the State Legislature, New York joined the nearly three dozen other states that offer this public school opportunity. In fact, indications thus far in New York are that the demand for admission to charter schools scheduled to open in September 1999 exceeds the planned number of seats available.

Regarding the process of approving the charter applications, we are extremely "pleased thar-children will be attending New York's first charter schools within one year of the adoption of the charter schools legislation. This was possible due to the expedited process established by the Charter Schools Institute and the superb applications approved by the State University Trustees. Every action we are taking during this process is in compliance with the law.

It is unfortunate that your viewpoint article in Newsday referred to in your correspondence contained several significant items that misrepresented the Charter Schools Act and the nature of the proposed Academy in Roosevelt. Under the law, charter schools cannot be "forprofit" and the proposed school in Roosevelt will, in fact, be a nonprofit corporation. Charter schools also must accept any and all children who apply for admission, regardless of intellectual ability, aptitude, race, etc., as required by _< 108 Mr. Michael Mostow July 15,1999 Page 2

section 2854(2)(a)(b) of the Act. Notwithstanding, your article states to the readers of Newsday that somehow the Academy can select Roosevelt's "best minds." Regarding student performance, you will see from the application that the proposed Academy will test its children each year, thus you will know the student performance well ahead of timetables you provided in your article. In fact, the Charter Schools Act imposes a more rigorous accountability structure than is in existence for traditional public schools.

If you wish to discuss these issues further, please feel free to contact the Institute at 914-251-7922. We also would be happy to meet with you.

Enclosure

PM/PC

APP.NOT.7-99 u v.. 109

% 110

Charter Schools Institute ^CSI State University of New York

: 330 BROADWAY ROBERT J. BELLA ; : ALBANY, NY 12207 EXECUTIVE DIRE. PHONE:518-443-5011 Fax: 518-443-5227 www.newyorkcharters.org

To: Superintendents, Members of Boards of Education, School District Personnel, Educators

From: Robert J. Bellafiore, Executive Director

Re: SUNY Board of Trustees approval of charter school applications

Date: January 27,2000

Pursuant to Section 2857(1) of Article 56 of the Education Law (the New York Charter Schools Act of 1998), we are hereby notifying you that the Board of Trustees of the State University of New York, at its public meeting on January 25,2000, approved the following applications for charter schools:

King Center Charter School (Buffalo) South Buffalo Charter School, (Buffalo) Bronx Preparatory Charter School (NYC - South Bronx) Community Partnership Charter School (NYC - Brooklyn) Merrick Academy-Queens Public Charter School (NYC - southeastern Queens) Harbor Science and Arts Charter School (NYC - Manhattan) Amber Charter School (NYC - Manhattan) Child Development Center of the Hamptons Charter School (East Hampton) Eugenio Maria de Hostos Charter School (Rochester) Rochester Leadership Academy Charter School (Rochester) ..Charter School of Science and Technology (Rochester) „ ..__., Roosevelt Children's Academy Charter School (Roosevelt) Schenectady International Charter School (Schenectady) Central New York Charter School for Math and Science (Syracuse)

Each of the above applications was approved for a planned opening in Fall 2000, with the exception of the Schenectady International Charter School, which was approved for an opening in Fall 2001. Three of the applications, Amber, Harbor and Roosevelt, had been preliminarily approved previously on June 15,1999.

As a result of the Trustees' action approving the applications listed above, and pursuant to section 2852(1) of the Charter Schools Act,-the Trustees and the applicants must now ^

^^

enterinto proposed charters by February 1,^00 andsubmitthe proposed charters to the Board ofRegents no laterthanfive days thereaf^er^

^s we have made youaware in previous correspondence, the charter schools ^ct grants to those school districts in whichacharterschool is proposed to be located the explicit right to comment on the proposed charter^which incorporates in its entirety the application foracharterschool) before itissues, as well as the righttoconveneapublic hearing^ Tofacilitateaschooldistrict^srighttocomment, copies ofthe applications as well as ofthe model charterwere previously forwarded to those school districts in early and late ^ecemberrespectively^

^ny comments that you may have goingforwardmay be submitted to us, in which case theywillbeforwarded to the Board ofRegentsforits consideration, or, in the alternative, submitted directlyto the Board ofRegents^

Please be advised that, atthe present time, itappears that the Board ofRegents will act on the proposed charters thatthe Trustees willshortlysubmittothemsometime in early ^pril^ ^approved, provisional charters, incorporatingthe school, will issue shortly thereafter ^fthe Regents ^ail to actwithinsi^ty days ofaproposedcharter'ssubmission, the proposed charterwill be deemedapprovedand will issue asamatteroflaw^ l^fnot approved, andremmed to the Trustees wim the Regents'comments andrecommendation, the Trustees may choose to resubmit the proposed charter(withorwithout modifications) ortowithdrawit^^ponresubmission, the Regentshave thirty days toapproveand issue aprovisionalcharter^ifthey do notactwithinthattime, the proposed charterwill be deemed approved and will issueasamatteroflaw^

^s always, should youhave any questions, please do not hesitate to contact me or members ofthe^harter^choolslnstitute^sstaff 112 113 114

•&• Charter Schools Institute CSI State University ojNew York

735 ANDERSON HILL ROAD PURCHASE. NY 10577-1400 PHONE:914-251-7922 Fax:914-251-7923 E-MAIL: [email protected] vwvv.neuyorkchaners.org September 3,1999

Dr. Kathy Weiss Baldwin Union Free School District 960 Hastings Street Baldwin, NY 11510

Re: Roosevelt Children's Academy - Charter Public School

Dear Dr. Weiss:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15, 1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply. .

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at pur offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the CharterJSchools Institute at (518) 443-5011. . _,-,.

James D. Merriman IV "General Counsel

JDM/pc

SptB.Ntf.Ro.9-3 115

-^^/^ (? ¥ ! Charter Schools Institute State University of New York

735 ANDERSON HILL ROAP PURCHASE. NY 10577-1400 PHONE:914-251-7922 Fax:914-251-7923 E-MAIL: [email protected] uw.newyorkchaners.org September 3,1999

Ms. Josephine Moffett Freeport Union Free School District 235 North Ocean Avenue Freeport, NY 11520

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Moffett:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have oh the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the Charter-Schools Institute at (518) 443-5011.

D. Merriman IV General Counsel

JDM/pc

SptB.Ntf.Ro.9-3 116

735 ANDERSON HILL ROAD PURCHASE. NY 105:7-1400 PHONE: 914-251-7922 Fax:914-251-7923 E-MAIL: [email protected] «w, neuvorkcharters.org September 3,1999

Dr. Estelle Kamler North Merrick Union Free School District 1057 Merrick Avenue Merrick, NY 11566

Re: Roosevelt Children's Academy - Charter Public School

Dear Dr. Kamler:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15, 1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the Charter-Schools Institute at (518) 443-5011. , _„

Fames DvMerrimar General Counsel

JDM/pc

SptB.Ntf.Ro.9-3 . • - - 117 •" Charter Schools Institute CSI State University ojNew York

735 ANDER.W H;LL ROAD PURCHASE. NY 10577-1400 PHONE:914-251-7922 Fax. 914-251-7923 E-MAIL: [email protected] wwv.newyorkcruners.org September 3,1999

Dr. Mary Cannie Uniondale Union Free School District 933 Goodrich Street Uniondale, NY 11553

Re: Roosevelt Children's Academy - Charter Public School

Dear Dr. Cannie:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15, 1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the Chartet Schools Institute at (518) 443-5011. .. ,._.

Tames Df Merriman IV General Counsel

JDM/pc

SptB.Ntf.Ro.9-3 -•118 ''-V/^ C W i Charter Schools Institute State University of New York

735 ASDERJON HlLL RAAD PIRCHAJE. NY 10577-1400 PHONE: 914-251-7922 Fax:914-251-7923 E-MAIL: [email protected] vviiv. newyorkcharters.org September], 1999

Dr. Raymond McCloat East Meadow Union Free School District 101 Carman Avenue East Meadow, NY 11554

Re: Roosevelt Children's Academy - Charter Public School

Dear Dr. McCloat:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of .the .Charter-Schools Institute at (518) 443-5011.

James E}. Merriman IV General Counsel

JDM/pc

SptB.Nlf.Ro.9-3 119 Charter Schools Institute CSI State Uriwersity of New York

735 ASPER.VN HILL ROAP PLRCHA>E. NY 10577-1400 PHONE:914-251-7922 Fax: 914-251-7923 E-MAIL: [email protected] www.newvorkcharters.org September 3,1999

Dr. Ronald Smith Merrick Union Free School District 21 Babylon Road Merrick, NY 11566

Re: Roosevelt Children's Academy - Charter Public School

Dear Dr. Smith:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the.Chartex-Schools Institute at (518) 443-5011. ' ... _„

Merriman IV General Counsel

JDM/pc

SptB.Ntf.Ro.9-3 120

Charter Schools Institute rtCSl State University of New York

735 ANDERSON HILL ROAD PURCHASE. NT 10577-1400 PHONE:914-251-7922 Fxv: 914-251-7923 E-MAIL: [email protected] ww.newyorkcharters.org September 8,1999

Rabbi Joshua Schonbrun Hebrew Academy of Nassau 215 Oak St. Uniondale.NY 11533

Re: Roosevelt Children's Academy - Charter Public School

Dear Rabbi Schonbrun:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include " soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of -the Charter Schools Institute at (518) 443-5011. . ' • -~\.

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SplC.Ntf.Ro.9-8 121

Charter Schools Institute ^GSI State University of New York

735 ANDERSON HILL ROAD PURCHASE. NY 10577- HOC PHONE: 914-251-7922 FIN: 914-251-7923 E-MAIL: [email protected] vvw.newyorkcruners.org September 8,1999

Br. Kenneth Hoagland Kellenberg Memorial High School 1400 Glenn Courts Blvd. Uniondale.NY 11553

Re: Roosevelt Children's Academy - Charter Public School

Dear Br. Hoagland:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the GharterrSchools Institute at (518) 443-5011. . .,'. jZ .

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SptC.Nif.Ro.9-8 ^ 122

Charter Schools Institute ^CSI State University of New York

735 ANDERSON HILL ROAD PURCHASE. NY 10577-1400 PHONE:9H-251-7922 Fxc: 914-251-7923 E-MAIL: [email protected] w-vvw.newyorkcharters. org September 8,1999

Ms. Carol Ann Peets Bundle of Joy Kindergarten 165EllesonAve. Roosevelt, NY 11575

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Peets:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of ' th'eTharterJSchools Institute at (518) 443-5011. ..,:.' zZ,

Sincerely, VjMiM/rv^^ <^C James D. Merriman IV General Counsel

JDM/pc

SplC.Ntf.Ro.9-8 123 Charter Schools Institute rtCSI State University of New York

735 ANDERSON HILL ROAD PIRCKVJE. NY 10577-1400 PHONE:914-251-7922 Fax: 914-251-7923 E-MAIL: [email protected] u-ww.newyorkchaners.org September 8,1999

Dr. Sylvia Purvis Children's World Montessori School 91 North Bayview Ave. Freeport,NY 11520

Re: Roosevelt Children's Academy - Charter Public School

Dear Dr. Purvis:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of • the CharterSchools Institute at (518) 443-5011. •. ..'. jZ .

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SptC.Ntr.Ro.9-8 124 Charter Schools Institute jfrCSI State University of New York

735 ANDERSON HILL ROAD PURCHASE. NY 10577-1400 PHONE:914-251-7922 Fx\: 914-251-7923 E-MAIL: [email protected] w-ww.newyorkchaners.org September 8,1999

Ms. Anna Fontana Centro Biblico Academy 50 North Main St. Freeport,NY 11520

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Fontana:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include" soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of theCharterSchools Institute at (518) 443-5011. ••••». J^- •.

Sincerely, ^{#^fNll_^L James D. Merriman IV General Counsel

JDM/pc

SptC.Ntf.Ro.9-8 125 Charter Schools Institute *%r: ^CSI State University o/New York

735 ANDERSON HILL ROAD PURCHASE. NY 10577-1400 PHONE: 914-251-7922 Fax: 914-251-7923 E-MAIL: [email protected] ww.newyorkchaners.org September 8,1999

Ms. Joann Bousquet Hi-Hello Child Day Care Center 212 South Ocean Ave. Freeport,NY 11520

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Bousquet:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the Chartet Schools Institute at (518) 443-5011. • . ..;. jZ'-.

Sincerely,

/XiVv>_>

James D. Merriman IV General Counsel

JDM/pc

SplC.Ntf.Ro.9-8 126 Charter Schools Institute ^CSI State University of New York

735 ANDERSON HIU. ROAD PutCHAiE. NY 10577-1400 PHONE:914-251-7922 Fxx: 914-251-7923 E-MAIL: [email protected] ww-w.newyorkcharwrs.org September 8,1999

Ms. Vivian Kanter Merokee Day School lOWynsum Ave. Merrick,NY 11566

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Kanter:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of -' th'eXharter Schools Institute at (518) 443-5011. .-.»'. jZ .

Sincerely, ^jkoA&nuJ^ q%c

James D. Merriman IV General Counsel

JDM/pc

SplC.Nlf.Ro.9-8 _% 127 Charter Schools Institute &# *CSI State University of New York

735 ANDEKON HILL ROAD PURCHASE. NY 10577-1400 PHONE:914-251-7922 Fx«: 914-251-7923 E-MAIL: [email protected] wwvv.newyorkchaners.org September 8,1999

Ms. Marsha Langbart Merrick Woods Country Day School 1075 Merrick Woods Ave. North Merrick, NY 11556

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Langbart:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry,. approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

_ Should you have any questions, please do not hesitate to contact Peter Murphy of the Charter ."Schools Institute at (518) 443-5011. • •; - _~Z'•-.

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SptC.Ntf.Ro.9-8 128 Charter Schools Institute ^CSI State University of New York

735 ANDERSON HILL ROAD PURCHASE. KY 10577-1400 PHONE:914-251-7922 Fax:914-251-7923 E-MAIL: [email protected] www.newyorkchaners.org September 8,1?99

Ms. Shelley Williams Miss Shelley's Upward Prep. School 66 Nassau Rd. Roosevelt, NY 11575

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Williams:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include" soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

. ;..„,., Should you have any questions, please do not hesitate to contact Peter Murphy of the Charter^Schools Institute at (518) 443-5011. * • S-Z .

Sincerely,

James D. Merriman IV General Counsel

- JDM/pc

SptC.Nif.Ro.9-8 129 im •dfrf"^ C T I Charter Schools Insiiluie State University of New York

735 ANDERSON HIU ROAD PmouiE. NY 10577-1400 PHONE: 9H-251-7922 Fix: 914-251-7923 E-miL [email protected] www.newyorkchancrs.org September 8,1999

Mr. Ron Clahar Pat-Kam Early Childhood Center 705 Nassau Rd. Uniondale,NY 11553

Re: Roosevelt Children's Academy - Charter Public School

Dear Mr. Clahar:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include" soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy fof theGharter-Schools Institute at (518) 443-5011. • —J-^^.-.

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SptC.Ntf.Ro.9-8 130 Charter Schools Institute rtCSI State University of New York

735 ANOEfcON HILL ROAD PURCHASE. NT 10577.1400 PHONE:914-251-7922 Fxx: 914-251-7923 E-MAIL: [email protected] www.nevvyorkchaners.org Septembers, 1999

Mr. EricJacobson Progressive School of Long Island 1425MerrickAve. Merrick,NY 11566

Re: Roosevelt Children's Academy - Charter Public School

Dear Mr. Jacobson:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include * soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of • the Charter-Schools Institute at (518) 443-5011. • •»• j£-.

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SptC.Ntr.Ro.9-8 131

Charter Schools Institute ^CSI State University of New York

735 ANDERJOS HILL ROAD PUCHASE. NY 105T7.HOO PHONE:914-251-7922 FXK: 914-251-7923 E-MAiL [email protected] w-vw.newyorkchaners.org Septembers, 1999

Sr. Mary Veronica Morrin Sacred Heart School 730 Merrick Ave. North Merrick, NY 11566

Re: Roosevelt Children's Academy - Charter Public School

Dear Sr. Morrin:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of -the'Charter Schools Institute at (518) 443-5011. •••»•• J^ .

Sincerely,

$*- James D. Merriman IV General Counsel

JDM/pc

SptC.Ntf.Ro.9-8 - 132 \Xpr/^ C ¥ \ Charter Schools Institute JA{ \^ J) J| Skiff University of New York

735 ANDERJON HILL ROAD PlRCHAiE. NY 10577-1400 PHONE: 914-251-7922 Fax: 914-251-7923 E-NUIL: [email protected] wAvv.nettyorkchaners.org September 8,1999

Sr. Dolores McLaughlin St. Christopher School 15PershingBlvd. Baldwin, NY 11510

Re: Roosevelt Children's Academy - Charter Public School

Dear Sr. McLaughlin:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include" soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

,.,. Should you have any questions, please do not hesitate to contact Peter Murphyrpf the Charter-Schools Institute at (518) 443-5011.

Sincerely,

rwjJL/N—» <^ZL- James D. Merriman IV General Counsel

JDM/pc

SptC.Ntf.Ro.9-8 133

Charter Schools Institute *CSI State University of New York

735 ANDERSON HIU ROAD PURCHASE. NY 10577-HOO PHONE:914-251-7922 Fxc: 914-251-7923 E-MAIL [email protected] ww.newyorkcharters.org Septembers, 1999

Sr. William Noreen St. Elizabeth Ann Seton Regional School 600 Newbridge Rd. East Meadow, NY 11554

Re: Roosevelt Children's Academy - Charter Public School

Dear Sr. Noreen:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

....;....,. Should you have any questions, please do not hesitate to contact Peter Murphy rpf the ChartetSchools Institute at (518) 443-5011. •-»•'- _~- .

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SplC.Ntf.Ro.9-8 134 Charter Schools Institute ^CSI State University of New York

735 ANDERSON HILL ROAD PURCHASE. NY 10577-1400 PHONE:914-251-7922 FIX: 914-251-7923 E-SWL: [email protected] w-vw.newyorkcharters.org September 8,1999

Br. William Kemmerer St. Martin De Porres Regional School 530 Hempstead Blvd. Uniondale.NY 11553

Re: Roosevelt Children's Academy - Charter Public School

Dear Br. Kemmerer:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include" soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have oh the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy pf the Charter-Schools Institute at (518) 443-5011.

Sincerely, g&)J\)W^-$l> James D. Merriman IV General Counsel

JDM/pc

SptC.Ntf.Ro.9-8 .-u' „ 135 Charter Schools Institute rtCSI State University ojNew York

735 ANDERSON HILL ROAD PUWUSE. NY 10577-1400 PHONE: 914-25 1-7922 Fi\: 914-251-7923 E-MAIL: [email protected] w\w.newyorkchjners.org September 8,1999

Ms. Maureen Wallace Transfiguration School South Long Beach Freeport,NY 11520

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Wallace:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include' soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphypf the'Charter^chools Institute at (518) 443-5011. . . T jC -.

Sincerely, a%^w—

JDM/pc

SptC.Ntf.Ro.9-8 136

Charter Schoob Institute ^CSI State University of New York

735 ANPERJON HiLL ROAD PIRCHAJE. NY 10577-1400 PHONE:914-251-7922 Fax: 914-251-7923 E-mn: [email protected] www.newyorkchancrs.org Septembers, 1999

Dr. Joan Cottman UCP of Nassau County 380 Washington Ave. Roosevelt, NY 11575

Re: Roosevelt Children's Academy - Charter Public School

Dear Dr. Cottman:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include" soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the Charter.Schools Institute at (518) 443-5011. . . „'. _•« .

Sincerely, ^£j|W/.v*~ ^ James D. Merriman IV General Counsel

JDM/pc

SptC.Ntf.Ro.9-8 Sj

Charter Schools Institute rtCSI State University of New York

735 ANDERSON HILL ROAD PCRCHAJE.NY 10577-1400 PHONE: 9H-251-7922 FIN: 9 H-2 51-792 3 E-MAIL: [email protected] w-vvw.newyorkchancrs.org September 8,1999

Mr. James Garvey Woodward Mental Health Center 201 West MerrickRd. Freeport, NY 11520

Re: Roosevelt Children's Academy - Charter Public School

Dear Mr. Garvey:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the'Charter-Schools Institute at (518) 443-5011. ...,- _",r .

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SplC.Ntf.Ro.9-8 138

Charter Schools Institute ^CSI State University ojNew York

735 ANDERSON HiiL ROAD PiRCKUE. NT 10577-1400 PHONE:914-251-7922 FIX: 914-251-7923 E-MWL: [email protected] ww.newyorkchaners.org Septembers, 1999

Ms. Evelyn Tripi Word of Life Ministries Academy 131 Guy Lombardo Ave. Freeport,NY 11520

Re: Roosevelt Children's Academy - Charter Public School

Dear Ms. Tripi:

Pursuant to subdivision 2857(1) of the New York Charter Schools Act of 1998, please be advised that the Board of Trustees of the State University of New York, at a meeting on June 15,1999 at the State University of New York College of Optometry, approved the application of the above-named charter school to open in the year 2000. The application was approved subject to the applicant meeting all the requirements of the Charter Schools Act and of the Charter Schools Institute. Those requirements include' soliciting your comments and giving them serious consideration should you decide to reply.

We would welcome any comments you may have on the proposed school. Copies of the application are available for review by appointment at our offices in Purchase and in Albany, or can be ordered from us for a modest cost to cover copying and shipping. A copy of the application has been forwarded to the Superintendent of Schools for the Roosevelt Union Free School District.

Should you have any questions, please do not hesitate to contact Peter Murphy of the GhartetSchools Institute at (518) 443-5011. -...,'. S*,- .

Sincerely,

James D. Merriman IV General Counsel

JDM/pc

SptC.Nlf.Ro.9-8 139

& 140

Charter Schools Institute ^CSI State University of New York

330 BROADWAY ROBERT J. BELLAFI, •:-'.: ALBANY, NY 12207 EXECUTIVE DIRECT.-: PHONE:518-443-5011 Fax: 518-443-5227 www.newyorkchaners.org

To: Superintendents, Members of Boards of Education, School District Personnel, Educators

From: Robert J. Bellafiore, Executive Director

Re: SUNY Board of Trustees approval of charter school applications

Date: January 27,2000

Pursuant to Section 2857(1) of Article 56 of the Education Law (the New York Charter Schools Act of 1998), we are hereby notifying you that the Board of Trustees of the State University of New York, at its public meeting on January 25,2000, approved the following applications for charter schools:

King Center Charter School (Buffalo) South Buffalo Charter School, (Buffalo) Bronx Preparatory Charter School (NYC - South Bronx) Community Partnership Charter School (NYC - Brooklyn) Merrick Academy-Queens Public Charter School (NYC - southeastern Queens) Harbor Science and Arts Charter School (NYC - Manhattan) Amber Charter School (NYC - Manhattan) Child Development Center of the Hamptons Charter School (East Hampton) Eugenio Maria de Hostos Charter School (Rochester) Rochester Leadership Academy Charter School (Rochester) .Charter School of Science and Technology (Rochester) .. _v. Roosevelt Children's Academy Charter School (Roosevelt) Schenectady International Charter School (Schenectady) Central New York Charter School for Math and Science (Syracuse)

Each of the above applications was approved for a planned opening in Fall 2000, with the exception of the Schenectady International Charter School, which was approved for an opening in Fall 2001. Three of the applications, Amber, Harbor and Roosevelt, had been preliminarily approved previously on June 15,1999.

As a result of the Trustees' action approving the applications listed above, andpursuant to section 2852(1) of the Charter Schools Act, the Trustees and the applicants must now 1^ entermto proposedcharters by February l,^^andsubmittheproposedchartersto the Board ofRegents no laterthanfivedaystherear^er^

^s we have made you aware in previous correspondence, the charter schools ^ct grants to those school districts in whichacharter school is proposed to be located the explicit rightto comment on the proposed charter^which incorporates in its entiretythe application ^bracharterschool) before it issues, as well as the righttoconveneapublic hearing^ Tofacilitateaschooldistrict'sright to comment, copies ofthe applications as well as ofthe model charterwere previously forwarded to those school districts in early and late ^ecemberrespectivelyD

^y comments thatyoumay have going forward may be submitted to us, in which case meywill be ^rwarded to the Board ofRegents^orits consideration, or, in the alternative, submitted directlyto the Board ofRegents^

Please be advised that, atthepresenttime,itappearsthatthe Board ofRegents will acton theproposed charters thatthe Trustees will shortly submittothemsometime in early ^pril^ ^approved, provisional charters, incorporatingthe school, will issue shortly merea^er^fme Regents ^il to actwithinsi^ty days ofaproposedcharter'ssubmission, the proposed charterwill be deemedapproved and will issue asamatteroflaw^ ^fnot approved, and returned to the Trustees with the Regents'comments andrecommendation, the Trustees may choose to resubmitthe proposed charter(withorwithout modifications) ortowimdrawit^^ponresubrmssion, me Regents have thirty days toapproveandissue aprovisionalcharter^ifmey do notact within thattime, the proposed charterwill be deemed approvedand will issue asamatteroflawD

^s always, should you have any questions, please do nothesitate to contactme or members ofthe^harter^choolsmstitute'ssta^ 142

AMENDMENT TO THE CHARTER* -

This agreement is executed on this 16th day of March, 2000 by and between the undersigned to amend the charter agreement between them entered into on or about the 1sl day of February, 2000. WITNESSETH:

WHEREAS, the undersigned have previously entered into an agreement, known before its issuance by the Board of Regents (the "Regents") as a proposed charter, and known thereafter as a provisional charter (either as a proposed or provisional charter, the "Charter"), pursuant to the provisions of the New York Charter Schools Act of 1998, Article 56 of the Education Law (the "Act"); and

WHEREAS, the Charter incorporates the Application submitted earlier to the Board of Trustees of the State University of New York, such that the Application is an integral part of the Charter; and

WHEREAS, pursuant to section 2852, subdivision 5 of the Act, the Charter, with the Application, was submitted to the Regents for its review and approval; and

WHEREAS, the State Education Department, in its review of the Charter for the Regents, has recommended certain changes be made to the Charter and/or the Application; and

WHEREAS, the undersigned are in agreement that some or all of such changes should be adopted; and

WHEREAS, the undersigned agree that certain other technical changes should be made to the Charter to better conform to the parties' understanding and the Act; and

WHEREAS, the Charter requires that all amendments to it be in a writing signed by both parties thereto;

NOW, THEREFORE, the undersigned hereby agree to amend the Charter as follows.

1. Paragraph 1.3 is amended by deleting from the first sentence of such paragraph the words struck through below:

, and shall not be eligible to receive funds from the local school district as provided in section 2856 of the Act, 143

2. Paragraph 1.5 is amended by adding the italicized sentence set forth below, immediately after the last sentence of such paragraph:

Pursuant to Section 2851, subdivision 2, paragraph j of the Act, and notwithstanding any contrary provision of this paragraph, in the event that the Application does not identify the School Facility, the School shall notify the Trustees and the Regents within ten business days of the School Facility having been identified.

3. Paragraph 8.1 is amended by deleting from the first sentence of such paragraph the following words struck through below

the thirtieth of December in the year

and substituting in their place the following italicized words

six months

-4. The Application is amended in the form and manner set forth in the pages attached hereto as Exhibit A.

Capitalized terms used in this amendment are defined as set forth in the Charter unless otherwise indicated as is the use and validity of facsimile signatures and the execution of this amendment to the Charter by counterpart.

[remainder of page intentionally blank] 144

BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK

&vr£{l*&fi )0tfoi Date

By: Robert J. Bellafiore, acting for the Board of Trustees of the State University

Title: Executive Director, Charter Schools Institute, State University of New York

ROOSEVELT CHILDREN'S ACADEMY CHARTER SCHOOL

Date

By: Robert Francis

Title: Lead Applicant

hum* CtUn'i Aadony Stptttare pf

S-l DEPT.PLANNING & ECO DE Fax:516-538-4264 Mar 16 '00 10=14 P 02/02 145

BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK hr&kAf Mti Date

By: Robert J. Bellafiote, acting for the Board of Trustees of the State University

Title: Executive Director. Charter Schools Institute, State University of New York

ROOSEVELT CHILDREN'S ACADEMY CHARTER SCHOOL

Date

By: Robert Francis

Title: Lead Applicant

S-l 146

EXHIBIT

A 147

Amendments to the Roosevelt Children's Academy Charter Application

March 16, 2000 ^

Roosevelt Children^s^cademy^^on^^sland^ublic Charter school

Itisourunderstandin^ that under ^^^l^of^ducation^awweare permitted to use the word ^cademy^urthermore,^ivehthattheschool w^ include^rades^l^anda secondary school in future years we believe the name should include the word ^cademy^

^ ^^^^^^^^ The determination of"at risk" students was used by the Charter school purely to selecta location for the school that ma^imi^es its contribution to the local community^ ^s described in the application, the determination of an "at risk" population was made on the basis of i^ very low overall academic achievement as determined by performance on standardised tests andii^ indicators of severe levels of economic poverty such as percentage ofstudents^ualifyin^forfree lunch and median family income^ Classification ofindividual students as "atrisk" is not used by the school foranypurpose^ The school will be marketed widely and open to all students^

The reference to "served districts" was used solely to indicate where the school would be tar^etin^ its recruiting efforts^ ^s described in the admission policy,the school will be open^all students and admi^ students in accordance with education ^aw,^vhich includes preference to students residing inthe Roosevelt ^hion^ree school ^istrict^

^ ^^^^^^^^^ The use of"le^islative standard" on pa^e^of the application is in reference to the l^ew ^ork^tate graduation requirements'

The l^days of pre^service staff development provided includes training in all three curricular elements of the schools educational pro^ram^irect Instruction, Core l^nowled^e and thethematic enrichment pro^ram^ C^nanon^oin^basis,af^irect Instruction consultant will provide assistance with curriculum development and implementation in addition to supplemental teacher training ^orCore^nowled^eand the thematic enrichment pro^ram,a^ictory schools curriculum specialist will be on^site a^least weekly and in continual communication with school administration and staff to provide for these functions'

Teachers will be reviewed formally by the principal onasemiannual basis and regularly on an informal basis^ These reviews willassess the teachers^ performance as measured by student achievement and attendance, classroom observations by the principal and curriculum consultants,a^rincipal evaluation, student progress on direct Instruction and Core l^nowled^e curriculum units and parent evaluations' victory will review the principal onasimilar basis victory will periodically update the board on the principal's performances ^Bictory^sperformancewillbe evaluated on an on^oin^ basis by the board 1^

as outlined in theapplicationandin the management contract ^asrevisedandsubmitted with me amendment to the application dated^ecember ^3,1^^^

^ ^^^^^^^^^^^^ ^fhe Roosevelt ^hildren^s^cademywilluseallcurrentand future ^ew^ork^tate learning standards as its benchmarks forachievementin its char^er^erformance relative to these standards will be assessed through the administration of all currentand future state mandated standardised tests, which are assumed to be wellaligned with the learning standards'

^he charter school will endeavorto educate its students so that all students score at Levels3and4on these exams, levels that indicate mastery of standards' ^he charter ^chool^sprogress toward achieving this goal will be assessed relative ^o^the statewide average of students attaining Levels3and4,and^the percentage of students scoring at Level3or4from the Roosevelt public school system who are of comparable socio^ economic background, as determined by the percentage of students with free and reduced lunch statusD ^ebelieve this to beaspecific and measurable performance standard that providesatransparent means of externally assessing school performances

^ebelieve that the schooBscharter should not be revoked on grounds of academic per^o^manc^ if all ^ompar^blelo^^lpubl^ schools wim similar or worse academic performance^on state examinations do not have theirregistrations revoked by the state ^ducationl^epartment^ ^odosowould unduly discriminate against charter schools seeking to serve the most needy communities by holding them toahigher standard than the comparable nonDchartered public school

In addition to the state mandated external assessments, the school will use several internal methods to ensure it is on track to meeting its overall academic goals^Ongoing unit assessments based on modern l^ed school ^ouse standards will track progress in the ^ore knowledge curriculum^ ^hese unit assessments are being developed by the victory schools curriculum specialist and the charter school teachers in order to assess learning against ^^h standards and measure skill mastery againstthe lesson seo^uence^ student progress in direct Instruction will be tracked through the curriculum^sbuilt^in ^baseline^achievement tests, frequent progress assessments and lesson achievement seo^uencesD ^hese assessments are already incorporated ascore practices of the curriculum, with success measurable by the number oflessons mastered inaseo^uenced achievement ladder ^or example, heading Ivlasterylincludesl^lessons that students are scheduled to cover in one year Overall, students will be expected to progress, on average, one lesson per day,taking assessment tests every ^^lOlessons that demonstrate their mastery of the material

In the thematic enrichment curriculum, periodic portfolio assessments of the child^sbest work will be used to assess skills mastery and increased creativity and problem solving ability^^his yearly evaluation bya^ury of teachers and administrators will supplement student higher^level learning through the foreknowledge curriculum based on ^vl^h ^

standards, portfolio assessments will he madeaccordingtochecklistsdirectlytiedtothe ^vll^Sh performance standards provided in Section III oftheapplicati^s appendix. Thesechecklists then form the hasisof an oh^ectiveassessmentruhri^.in this way, progress for each child on each standard can he tracked overtime. ^

^. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ The charter School'scurriculum will use the modern I^edSchoolhouse^I^Sh^ Standards as an internal mechanism for meeting the NewYork State beaming Standards. At the primary level, the charter School relieves that the two sets of standards are similar, and that organising thecurriculum around the ^I^Sh standards will ensure that students are meeting NewYork^State'sieaming goals. In order to assess learning against these standards, the victory Schools curriculum Specialistand the charter School teachers will create unit assessments measuring skill mastery against the lesson sequence. Skills not mastered hy students will he re^taught, and all skills covered will he huilt upon in further lessons.

^ ^^^^ The thematic enrichment program ^formerly the ^cluhhouse^isamandatory portion of the school day,running until ^pm.

^.^^^^^^^^^^^^^^^^^ Eor discipline issues arising involving students with special needs, all IDEA due process requirements will he followed, parents and students will receive notification of their rights under IDEA. The process will provide for an informal parent conference,aformal conference, consultation with the ^SEifachange of placement is necessary,an appeals procedure as outlined in the school'sgrievancepolicy,and all other due process requirements under IDEA. ^

The discipline policy has heen revised to provide for alternative instruction to expelled students 17years and youngerforthe remainder of the school year. This alternative instruction would likely take the form of all assignments, homework, quizes, activities and tests heing sent home to the students and returned to the school for grading. The school will make everyreasonahle effort to ensure thatasuspended student has the opportunity to continue regularprogress in the curriculum, ^ther arrangements, such as placement of the student in an alternative instruction program operated hy the student's district of residence, may he considered as appropriate within legal guidelines. references to involuntary transfers in the discipline policy have heen removed.

The reference to ^State commission on charter Schools" will he replaced hy the ^oard of^egents.

^.^^^^^^^^^^^^^^^ The school will comply with all regulatory special education requirements, and helieves the manner in which it complies will he one^rength of the charter School'sprogram. ^

before school opensand during the firstsemester,th^^harterScbool will employa Special Education consultant who will review lEPsofmcoming students and ensure properimplementation of those lEPs.This person will ensure the collection of all relevant studentrecords from ^SEs^ set up an internal committee to make referrals to students^ home ^SEs^ arrange forany additional services prescribed by the ^SE in its evaluation process^ and createafile demonstrating the school^scompliance in providing special education. —

The school will identify students with special needs and without an IEP through entrance screenings, ongoing unit testing in the curriculum and mroughteacherreferrals. These students will be referred to the ^SEforassessment.^hen addressing the needs of an individual student, that student^sclassroom teacher and parents will participate as appropriate.

The school^sfull-time Special Education ^irectorwill be responsible forindividual case management of all special education students, an on-site resource room, consultant teacher services, intervention and monitoring, ^SE referrals, and for arranging the provision of services required by the lEPs. The charter school expects that the number of special education students will not warrant full-time providers of specialised services^ instead, the school anticipates contracting with independent providers to provide speech therapy,counseling, occupational therapy,and any other specialised services that the charter SchooBsstudents require. The special Education director will identify needed services and contract with providers, as well as ensure that all relevant aspects ofl^E^, Part ^O^ofTitle^of the ^odeofEederal regulations and section ^0^ of the rehabilitation ^ctofl^^ are followed. The charter School will obtain and comply with newer versions as they appear.

This school will also make the necessary provisions^such as hiringasubstitute^to allow the teachers ofachildwithadisability to attend any meetings with the ^SE.

The school will comply with all confidentiality requirements ofEEP^P^andll^E^. Student records will be kept under lock and key,and information regardingachild^s individual learning needs will only be discussed with the ^SE, school administrators, the child^steacher^, the Special Education director and the child^sparents as provided for under EEP^P^andl^E^.

Parents will be regularly informed of ^heirchild^sprogress toward IEP goals through quarterly report cards, parent discussions and regular communication with the schools Special Education director and Principal.

^.^^^^^^^^^^^^^^^^ In serving students with limited English proficiency,the school will comply with all federal rules and regulations, while practicing inclusion to the extent possible.In keeping with all applicable requirements, the^harter School^s^EPprogram will includeeight components. Students entering the schoolvBillbecheckedfornon-native English speaker ^

status, through bothalanguage survey of parents as wellasteacherobservation.Students identifiedasnon^nativespeakers will be tested with the ^ab^au tests. Students scoring as 1^^ on the test will enterthe charter School^sspecial language program.^his^^ inclusion program will include supplementary^!^ instruction during the thematic enrichment period, in addition to language instruction normally occurring during the l^irectlnstruction Reading andl^anguage periods. Since the charter School uses an inclusion model, we plan to use immersion in all other subject areas to help 1^^ students quickly gain familiarity with English. In accordance ^ith^auv.l^ichols and the ^ual educational Opportunity ^ct, the school will take all appropriate action to overcome language barriers that impede student participation in the instructional program.

^fhe charter School will provide the appropriately trained staff and materials required for supplementary ^Sl^ classes, Olassroom space will be made available for ^Sl^ classes during the thematic enrichment period. Student progress will be assessed regularly,with ^ab^au tests re^administered in January and ^une, or additionally as appropriate. Students scoring ^0^ or above will be reintegrated into regular instruction, ^he principal will review student achievement and monitor the program to make modifications where needed.

^inally,in accordance with law,theOharter School will not exclude ^^ students from curricular and extracurricular activities in school because of their inability to speak and understand the language of instruction, neither will the school assign national origin minority students to classes for the disabled because oftheir lack of^nglish skills, ^he charter School will also provide parents whose English is limited notices and other information written inalanguage that they can understand.

^.^^^^^^^^^^^^^^ ^he evidence ofcommunity support is indeed quantitative and testimonial, ^s previously described, the board of trustees iscomposed of several influential local community and business leaders who represent the interests ofalarge percentage of the population ofRoosevelt. Our application to open the charter school is testimony to our substantial local dissatisfaction with the local public schools. One trustee, Steve ^udhu, is himselfamember of the Roosevelt school board. lnthatcapacity,l^lr.^udhu represents the interests ofevery student in the Roosevelt school district.

Recently,the charter school was invited to makeapresentationofits programs in an open community meeting held in January by the community empowerment coalition. In attendance wereappro^imately^O parents, local school teachers and community leaders, ^lany of the attendees expressed an interest in the school and its programs and requested information on enrolling their children.

Furthermore, there is ample evidence in the application to indicate the substantial demand for educational opportunities in the surrounding communities, ^n the unlikely event that not all available spaces in the charter School are filled by Roosevelt students, the school is open to all students of surrounding districts and will be widely marketed accordingly^ 153

It remains the board's firm conviction that demand will far exceed the available number of spaces.

15. Programmatic and fiscal impact of the Charter School Please see attached letter to the Board of Regents.

16. Before and after-school programs The "before-school" program is officially part of the school day. It is staffed by the cooperating teachers (teaching assistants) who arrive early to supervise children and serve breakfast. This time is included in the cost of their salaries.

The optional after-school program may be offered as a service by Victory Schools to the Charter School. Students are not required to participate in the program. Victory Schools makes no profit on the program for which parents are charged a fee of $5 per student per day. The program is staffed by one specialist instructor per classroom in areas such as music, art and dance.

17. Food service A contract for food services is being finalized. It is expected that the school will contract, through Victory, with a local independent provider of food services which services institutional food service needs for a wide range of clients in the greater New York City area. The cost of this service will be within budgeted amounts shown in the application. Students not eligible for free/reduced lunch status will be required to pay an appropriate amount based on the cost of meals and any cost limits set forth in the child nutrition program guidelines. Alternatively, a child could choose to bring meals from home.

18. Contract for nursing services It is expected that the school will recruit and hire a part-time registered nurse or nurse practitioner with experience in an educational setting. The cost of this staffing will be within budgeted amounts shown in the application.

19. Unemployment and workers' compensation insurance Both unemployment and workers' compensation insurance are provided to employees under Victory's standard benefits package. This is included in the budgeted amount for health insurance shown in the budget.*ov

20. Relation with Miss Shelley's Upward Prep The Charter School is in no way affiliated with Miss Shelley's Upward Prep. Miss Shelley's is currently operating and will continue to operate at a separate location. The facility owned by the Diocese is presently vacant.

21. Transfer of student records In the event of closure or dissolution, student records will be transferred to the school district of the student's residence, and assets would be transferred either to another charter school in the district in which the Charter School is located or the school district itself. 154 155

22. Employment of charter school staff Per §2854(3)(a) of the Education Law, all employees of the Roosevelt Children's Academy Charter School are employees of the education corporation (i.e., the Board of Trustees) formed to operate the school. As outlined in the application and management contract, the Board has delegated responsibility to VSI for selecting, hiring, reviewing, and terminating all Charter School personnel. The Board will approve the hiring and firing of the Principal and the hiring of all teachers. The Board has formed an Academic committee that will actively participate in the selection and hiring of the Principal and teachers.

23. Material omitted from provision 9.8 (Notices) For correspondence to the Charter School, the address will be forthcoming once a location has been finalized. All correspondence should be copied to:

Victory Schools, Inc. 712 Fifth Avenue 23rd Floor New York, NY 10019

24. Administration of medication Students are only asked to fill out a 504 form as appropriate under Section 504. For students whom a 504 form is not appropriate, the school will confer with parents and medical providers to determine and arrange for appropriate services.

.25. Student achievement standards Revised student achievement standards are set forth in the response to question #7 above. The revised standards do not reference performance standards set by local school districts.

26. Board of Trustees The Board of Trustees will include seven voting members (including the PTA President as an ex-officio member), and one non-voting member (Victory's President, Steve Klinsky, as an ex-officio member). Subsequent to the application amendment, Steve Budhu and Carl Mackey were both approved as new Trustees (please see attached resumes).

Mr. Budhu has been a member of the Roosevelt Union Free School District Board of Education since 1997 and has served as President and Vice President of the Board. In this capacity, Mr. Budhu represents the interests of all Roosevelt schoolchildren and the Roosevelt school district. Mr. Budhu is an inventory controller at Brooks Brothers and a resident of Roosevelt.

Mr. Mackey is a National Retail Account Executive at Newsday, a regional news publication, and a resident of Roosevelt. Mr. Mackey's family has a long tradition of community service and leadership in Roosevelt. 156

27. Compliance with Open Meetings Law The Board will conduct all meetings in compliance with the Open Meetings Law. Accordingly, no action will be taken by the Board and/or a committee without a public meeting.

28. Duties/Responsibilities As Victory has been delegated broad responsibility for the operations of the school by the Board, its duties overlap with those of the Site Manager and Principal. While Victory has accountability to the Board for performance of these duties, the Site Manager and Principal are responsible for the day-to-day performance of these functions. Victory trains and supervises these personnel in performance of these duties.

10 ^57

^archl^^O

^r.^avid Johnson secretary to the 8oardofRegents ^tate education department 110^8 Albany,^^!^^ ^

I^ear Regents^

^eare citizens ofRoosevelt and local I^ong Island community and business leaders who are writing to you in support ofthe Roosevelt charterschool application previously approved by ^^^.The traditional public school system in Roosevelthas been failing formanyyea^s and continues to fail. As the designatedboard of trustees forthe Roosevelt Children^sAcademy, we are committed to improving the educational options available for Roosevelt schoolchildren.^ each worl^for the charter school without pay and have no financial interest in the school, ^lany ofus have been highly active in the traditional Rooseveltschool system. (For example, Trustees 8ob Francis and Rev.ReginaldTuggle are local advisors to the state agency overseeing the takeover of the Rooseveltschool district.Trustee^teve^udhuisamember of the Roosevelt ^oardof^ducation and asatrained financial executive, leads the ^oard^sown efforts at economic self^analysis.^ furlong familiarity with the failure of the existing system convinces us that the charter option will beavaluable addition for a^I Roosevelt children.

It isour understanding that there has been an effort to convince the Regents to oppose the public charter school,apparently led by members of the existing public school monopoly.^eare writing to you now,first, to emphasise how critical the need is for new public education alternatives inRoosevelt. second, we hope to mal^e clear that sufficient funds will remain for RoosevelBstraditional public schools even afterthe charter school begins, ^e hope that you willreaffirm^^^sdecision to grant us this charter for the benefit of^ew^or^schildren.

On the most recent statewide exams, Roosevelt^spublic schools continue to have among the very worst scores in Nassau County and among the very worst in r^ew^orl^^tate. Over ^^^ of all Roosevelt fourth graders are already falling into the two lowest reading groups on statewide tests, meaning these students show seriousacademic deficiencies or are in need of extra help to meet state standards. AtRoosevelBsCentennialAvenue elementary school, ^1^ of all fourth traders are failing to meet state standards and none are exceeding state standards These early educational shortcomings manifest themselves later in the very low percentage ofRegents diplomas awarded. In Roosevelt, less than ^^oofstudentsreceivedaRegents diploma lastyear.

The Roosevelt community has continually demonstratedastrong desire to seel^ out better educational options^even at great personal cost. Roosevelt has the ^^^percentage of students attendingprivate schools in all ofr^assauCounty,despite having one ofthe ^^^ median family incomes, ^ebelievethat Roosevelt families, as taxpayers and ^

citizens,havetheri^httoe^ctadecen^tialityofpubliceducationforth^irchildren. TheyhavebeendeniedthisopportunityinRoosev^l^formany,manyyears.

^ ^^oelievetheRooseveltOhildren'sAcademywillrenresentthebestinterestsof R^oseveltresidents^Charterschoolsarenowreco^nizedasatoolofpositiveeducation ^eformby^statesandbyleadersofbothma^orpoliticalparties.Therearenearly 1,700 eharterschoolscurrently in existence nationwide andRresident Clinton, in his most recent^tateofthe^nionmessa^e,praisedthemandcalledfor^,OOOcharterschoolsby the year 2001. democratic presidential candidate 8ill8radley has proposed to triple federal e^pendituresoncharterschools while Republican Rresidential candidate Ceor^e ^B^ush has specifically visitedand praised the ^isulu^ictorycharterschool in rlarlem on which the Roosevelt charterschool will be modeled. ^ocally,the Roosevelt charter school has been endorsed by l^on^ Island l^ewsday, which calls it^a creative and needed altemativeB^This editorial is attached.^

^ Webelieve the Roosevelt Children'sAcademywillnrovidean outstanding educational alternative forthecomm^nity^andpositivelyaffecttheed^cationofall Roosevelt children^Thecharterschool will provide an outstanding new educational choice for Rooseveltstudents.The Academy will offeralon^er school day,smaller classes, more te^tbool^ spending per child and an innovative curriculum that combines ^^^^^truction,^ore^nowl^ean^han^s on learning through play. The same school model is currently bein^ perfected at ^arlem^s^isuluChildren^sAcademy. Currently,^^of^isulu parents are satisfied orvery satisfied with the education provided for their children. ^^ would recommend it toafriend and ^^ believe the school is better or much better than comparable local public schools.

furthermore,the creation ofaRoosevelt charter school will act asacatalyst for the ^ood educators within RoosevelBstraditional public schools, better empowering them to mal^e needed reforms. The Academy will pioneer innovative techniques that can be freely adopted by the surrounding public and non^public schools, and the Academy will help and encourage this adoption. The Academy will focus on achieving measurable improvements in academic duality. Competition, expressed in this constructive way, raises the performance ofall public schools.

4^ Adequate financial resources will remain for Roosevelt'straditional public schools even after the charter school is authorized. The Roosevelt school district now operates on over$11.700perchild and its revenue nerstudent will actually rise slightly to$12.004 after the charter begins, please see Appendix A.^ There is ample evidence to establish that well managed schools can meet their needs on this amount.

Tobe^in with, ourcharter school will manage on just $^.^^ per child, with no facilities money and with less economies ofscale than the Roosevelt system has. C^ur school will not only survive on this budget, but will offer smaller class sizes, longer schooldays^ more teacher training.will pay unionscalenlusanerformance bonus to the teachers and principal and will spend much more on te^ts and supplies. ^imilarly,the many excellent ^

private schools in I^ong Island generally provide bettereducational duality atalo^ver cost, as do many otherpublic school districts in r^ev^^or^^tate.

The question is one of management sl^ill. not si^e of dollars. For example, the Roosevelt district^sbudgetprovides$IIOper student in textbook spending and $^75 per student in custodial costs. C^ur charter school budget, in contrast, provides for over $27^ per child in textbooks and $80 per student in custodial costs.

Itis true thatR^F^^s$33.7millionbudgetmight decline byas much as $2.1million, or ^.3^, if every student in the charter school comes from traditional Roosevelt public schools.^r^ve^,R^F^O^scosts^illaIsodedine because R^F^OvBill have 8.^ fevBer students left to teach in its failing schools. In fact our analysis indicates that the variable cost savings to R^F$Omi^ht be at least $^ million and exceed the revenue lost. It is highly misleading for the charter school^scritics totals about lost revenue without also tall^in^ about these reduced needs for expenses, (^ur analysis (led by ^teve ^udhu, the most financially expert member of the Roosevelt ^oardofFducation) indicates that the variable cost per student in Rooseveltis approximately $^,757,^vhile variable revenue lostis only $8,585. (Rlease see appendix ^.)

Ourrently,for example, Roosevelt taxpayers are paying teachers extra money asapenalty for overcrowded classrooms in Roosevelt. These penalties ^vould be reduced by the charter school^screation of nev^classroom space. Roosevelt taxpayers are also being prepared to considera$50 million bond issue to create and upgrade classroom space. Th^ charter school may ma^e such an offering less necessary by bringing r^va^ resources to Roosevelt.

In addition,the Roosevelt district v^ill continue receiving$3,12^ per child of tax revenue foreach student leavingtoattendthecharterschool(thatis,$II,7Il$8,585).Theonly services the district must continue to provide these students are transportation and some oversight of special education Individualized education Rlans,atacost much less than $3,1^. This additional ^free moneys can be used to cover other district costs forthe remaining students.

Improvements to the public school system mightactuallys^n^h^oRoosevel^stax base.^oteBscan hardly favorpaying school taxes ^vhentheschoolscontinuously fail and^vhen the parentsare forced to pay privateschool tuitions as ^ell.Finally,itis by no means certain thatallthecharterschools children vBill come from inside Roosevelt, surrounding districtsalso have educational needsandourcharterschool can vBor^^vith the Regents to broaden ourservedareaif the Regentsand^^l^sodesire.

^ Child^^sho^d^o^econ^g^ed^^^I^g^^ooI^y^e^^eve^^be^se^^ hos^ges^^o^^^ef^d^g^aseoff^I^g^dm^^^o^^ltima^ question isamoral one The Roosevelt public schools have failed decadeafterdecade. ^ounglivesarebeingruined ThecharterschoolvBillpresentan option tothe community thatstill provides funding of approximately$12,000perchildforthose children remaining in the traditional public^schoolsIfRoosevelBsparentsdonotli^ethe 1^

new charterschool, no local children will attendandRoosevelBsfinancialandacademic status will be unchanged ^utifRoosevelt^sparents want this new choice, and ifawell managed school systemcanreasonably operate on the$12,000perchildremaining, then the Regentsshouldnotbeused to preventchildrenfromreceiving the opportunity they seekD

The trustees of the Roosevelt charterschoolknowthat the Regents are free of economic interest and are sincerely motivated toward the best interests of the children ^ur motivation as local community leaders is the same^ ^elook forward to working with you in the months ahead^

Sincerely,

The Roosevelt Children's Academy Charter School Board of Trustees

Robert Francis Rev. Reginald Tuggle Commissioner, Town of Hempstead Pastor, Memorial Presbyterian Church Advisor, Roosevelt District State Takeover Advisor, Roosevelt District State Takeover

Robert McMahon Ronald Ostertago Executive Director Chairman & CEO St. Christopher-Ottilie General Semiconductor, Inc.

Stephen Budhu Carl Mackey Inventory Controller, Brooks Brothers National Retail Account Executive Member, Roosevelt School Board Newsday 161

Appendix A Roosevelt Union Free School District - Financial Impact of Roosevelt Children's Academy

Revenue Impact of Charter School on RUFSD The charter school will receive approximately $8,585 from the Roosevelt Union Free School District ("RUFSD") for each Roosevelt student that elects to attend the school. Should all 247 students come from Roosevelt it would mean that RUSFD's budget dollars would shrink by 6.3% and its student population would shrink by 8.5%. Dollars at issue are roughly $2.1 million in revenue, compared to a total district budget of $33.7 million. In addition, it is still possible that some of the charter school's students will come from other surrounding districts in which case the budgetary impact to RUFSD will be further lessened. The analysis below shows that the net result of the charter school opening will actually be a slight increase in revenue per student remaining in RUFSD.

Revenue per Student Impact to RUFSD

Currently With Charter School Revenue to RUFSD* $33,727 million $31,607 million Students in RUFSD 2.880 2,633 Revenue/Student $11,711 $12,004 in RUFSD

• Assumes all 2-17 charter school students come from RUFSD.

The reason for the increase in revenue per student is that the charter school will receive far less than the $11,711 the district receives per pupil in tax revenue and state aid. We believe . this creates a financial benefit for students remaining in RUFSD. The district will retain $3,126 of local, state and federal revenue for each student leaving to enter the charter school ($11,711 - $8,585 payment to charter school). The only services RUFSD must continue to provide for these students are transportation and the administration of special education Individualized Education Plans (IEPs). Currently, the district has budgeted $1.2 million, or $417 per student, on transportation. It is difficult to assess the exact amount budgeted for the development and administration of IEPs. We can reasonably assume that this amount should be much less than $2 million for the entire RUFSD, or $694 per student. This would leave RUFSD with over $2,000 of "free money" from each student leaving to attend the charter school ($3,126 - $417 - $694). For 247 students, this represents nearly $500,000 of revenues for which the district has little or no associated student costs. This money is retained by the district and can be used to enhance the education of students remaining in RUFSD schools. 162

Ability of RUFSD to Revise Budget for Reduced Student Population Upon examining the district's budget with Mr. Budhu (the most experienced financial professional on the RUFSD's Board), we believe that RUFSD's costs can be varied with each school year based on student enrollment. For instance, attrition of 8 teachers at an average salary of $50,000 (plus benefits at 30% of salary) would save RUFSD $520,000. In a rough estimate of the major variable costs in the RUFSD budget (Appendix B), we conclude that at a minimum, $28.1 million of the district's total budget represents variable costs. If the district were to lose 247 students, or 8.5% of its population, a corresponding reduction in these variable costs would save the district $2.4 million, more than offsetting the lost $2.1 million in revenue.

Reduction in Supplemental Teacher Pay State Assistant Commissioner for Education James Cadamus has indicated that budget shortages for RUFSD teacher contracts may require a significant local tax increase. Natural attrition of teachers, facilitated by the lower student enrollment, would help to alleviate the need for these tax increases.

There should also be reductions in supplemental pay to teachers triggered by overcrowding clauses in RUFSD union contracts. Local union contracts require additional payments to teachers for each student above 30 in a class. In the high schools, this amount is $600 per student over the limit. We believe this amount is similar in the elementary schools, which are currently operating at more than 300 students above capacity. This means that if the charter school were to eventually take 300 of the above-capacity students in RUFSD, the district would save $180,000 per year in "overcrowding" pay ($600 x 300 students).

Proposed School Bond Referendum The district is proposing a $50 million bond referendum for a June ballot. After typical state reimbursement of about 80%, this referendum will cost Roosevelt taxpayers about $10 million. Currently, the state has offered an extra 10% reimbursement incentive for school construction, meaning the district taxpayers would only have to contribute $5 million. However, this additional money is only available if a proposal is prepared and approved by June 30. The state believes the district will not have a proposal by that time, meaning Roosevelt taxpayers would again have to pay for the additional $5 million out of local taxes. The opening of new classroom space by the charter school would help relieve the taxpayers of this financial burden. 163

Appendix B Roosevelt Union Free School District Variable Budget Costs Analysis

1999-2000 RUFSD Variable Budget Item Budget Amount Salaries $16.2 million Psychologists 0.4 Health Insurance 2.0 Teacher Retirement 1.5 Social Security 1.4 BOCES Services 4.6 Private Tuition 1.5 Other Contractual Services 0.5 Total $28.1 million

/ Total students in RUFSD 2.880

= Variable cost per student

x Students transferring 247 to Charter School

= Total variable cost savings to RUFSD from Charter School $2.4 million

vs. Decrease in revenues from Charter School $2.1 million

Net variable gain to RUFSD $0.3 million 164

Amendments to the Roosevelt Children's Academy Charter Application

March 16, 2000

•ssss

\ rfiR-28-2000 10=46 . NEW rOJNTAIN CAPITAL 212 562 1816 P.02 165

Name: Addrcss;

Education: 11 yens St May's Raman Calhotic School Awarded a faur year Sc&daofaip to St Sttmdus College in England Graduated with honors in Accounting AoaidcdlnainTO^CMt^MflnagMneittAaotmtantsfbrw^ A Coa and Management Amnmiring License.

Menial Status:!

Work Experience: 18 yean in Accounting .

Current Job: 1990-Prcscnr BrootaBiDthegAcnnninii\g and Finance Corporate office Held position as Accountant Senior Accountant, Manager of Cost Acronndng Manager of Accounts Payable and Inventory Controller

19*6-1990: ConooQcr at LDM Enterprises

Civic involvement: Elected to Roosevelt Board Of Education in 1997 and served as President, Vice President and cnrrently a trustee. Elected to tbe Budget review coauanec fijr fl»e BOOBS 2000/2001 & 2001/2002 Btxices. Class D Soccer Coach. Coaches Baldwin Eagles (Travel) Soccer CUs.

References: Furnished upon request

REDACTED

** TOTAL PAGE.082 ** 16b MAR-20-2000 10:47 NEW MOUNTAIN CAPITAL 212 582 1816 P.83

CARL M. M AOCEV

Carl Mackey has nine years of sales and marketing experience, working with a wide array of clientele. He is currently a National Retail Account Executive at _ lin Melville, New fork. In this position Carl is responsible for selling fs extensive product line and promotional opportunities to banks, financial institutions and major medical facilities. Carl joined|^H| in October of 1994 as a Retail Advertising Representative and has quickly climbed the ranks to bis current position. He came to ^BB &om Hoechst Roussel Pharmaceuticals Inc. in Somerville, New Jersey. At Hoechst, Carl was responsible for the selling and promoting the company's pharmaceutical products to physicians, hospitals, retailers and wholesalers. While at Hoechst Carl consistently ranked among the top performers both in the northeast sales region as well as nationally. Prior to joining Hoechst, Carl was an Account Executive for Pitney Bowes* Dictaphone Division.

Carl earned a Bachelor of Science Degree in Marketing at the University of Rhode Island in 1990.

Carl lives in Roosevel;

R&ACTED 3-2E-1997 A :56AM t-KUM

_ 167

XC'M'INISTRATIVE OFFICES • l-> De.r.jn ?!.;« R.ovj^u. W ! IT.: ~-i: -.5:6! <6'-• .^••'iri

iiooru or i-vji-anon Michael H. Mcsto* Oi«nn;'.i:nmon». President iupennienosni oi Svhoois Mark CM. is. Vice President Marsha Kiciard Stephen' Sudhu Rodncv ivomain

March 27, 2000

The Honorable Members of the Board of Regents and Commissioner Richard Mills The State Education Department Washington Avenue Albany, New York 12234

Dear. Board of Regents and Commissioner Mills: On February 2, 2000,1 received a letter from Mr. Robert Bellafiore, Executive Director of tire Charter Schools Institute, asking for our comments about the proposed charter school slated to be established in Roosevelt, The letter indicated that I might respond-to yoiii;:directly. I choose to do so and copy my response to Mr. Bellafiore, from the SUNY Charter School Institute.

The philosophical arguments for or against the concept of charter schools placed aside force us to look at the funding of a charter school in Roosevelt. Roosevelt has the lowest per capita income in Nassau County. A one-dollar increase in school taxes generates approximately two hundred thousand dollars of school budget revenue.

The approved operating expense for the Roosevelt Union Free School District for 1999- 2000 was $9239 per student. If the charter school has two hundred Roosevelt students as \fo& application states, the district costs will be $1,847,800, or approximately $9.50 on our tax rate for the 2000-2001 school year. This increase is before we consider any of the needs for the remaining three thousand plus students. This projected increase, phis the monies needed to operate our regular school program will probably result in a budget defeat and another austerity budget. The resulting austerity budget reductions du«! to the budget cap will result in approximately a one million eight hundred fifty thousand dollars reduction in expenditures causing a severe loss of programs and staff for Roosevelt's students. These reductions will most assuredly effect our efforts to improve student academic success and pass a bond issue to repair our schools. The' IBoard of Education and I urge you to disapprove the charter school slated for operation in Roosevelt If this school is allowed to go forward without a separate source 3-2P 1997 6:57AM FROM 168

of funds for its operation, it will mean financial and academic ruin for the Roosevelt Union Free School District

Please .help us now!

Sincerely,

Michael Mostow Superintendent of Schools

MM^ngd

cc: %, Roosevelt Board of Education ":'. State Review Panel Senator Charles Fuschillo Assemblywoman Earlene Hill THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of Elementary, Middle, Secondary and Continuing Education ASSISTANT COMMISSIONER OFFICE OF REGIONAL SCHOOL AND COMMUNITY SERVICES ROOM 475 EGA Tel. 518/474-4817 Fax 518/474-7558

April 6,2000 _

Mr. Robert Bellafiore Charter Schools Institute 330 Broadway Albany, New York 12207

Dear Mr. Bellafiore:

Pursuant to Education Law §2852(5-a) and (5-b), the New York State Board of Regents, at its meeting of April 4, voted to return the proposed charter for meifooseyelt Children's Academy Charter School for reconsideration with the following comments and recommendations.

Section 2851(2)(q) of the statute requires an application to set forth the projected programmatic and fiscal impact of the charter school on other public and nonpublic schools in the area. The information provided is inaccurate. Based upon a fiscal analysis conducted by Department staff, it has been concluded that the fiscal impact would be of such a.magnitude that the Roosevelt Union Free School District would suffer irreparable financial harm. Since such a fiscal impact analysis is a required part of a charter school application, it is assumed that the legislative intent was to ensure not only that this issue be~fully addressed, but also that the district of location does not suffer irreparable financial harm. Please contact Stephen Colas at 518-474-5923 to discuss the Department's fiscal analysis.

In addition, the discipline rules and procedures do not meet the requirements of the Individuals with Disabilities Education Act (IDEA) and sections 300.519-300.529 of the federal regulations pertaining to students with disabilities, as required by §2851(2)(h). They also do not indicate that actual instruction will be provided to suspended or expelled students.

Furthermore, services for students with limited English proficiency do not meet the requirements of Title VI of the Civil Rights Act. The following information must be provided: a), how an appropriate special language program to teach the students English will be developed, and how it will be demonstrated that the program has been successful; b). a plan that ensures that the needed staff, curricular materials, and facilities are in place and used properly; c). a process for continued program assessment and modification where needed.

Community support information is inferential, not quantitative and not testimonial. Education Law §2851(2)(q) requires evidence of adequate community support for and interest in the charter school sufficient to allow the school to reach its intended enrollment. 170

The name of the proposed charter school inappropriately includes the word"academy." Pursuantto§2(l)of the Education Law, the term "academy" rerers to an institution tor instruction in secondary education. The proposed charter school will not initially serve secondary education students and, therefore, the name is misleading.

The amendment to the charter states the applicant^sposition that the school^scharter should not he revoked on grounds ofacademic performance ifallcomparahle local puhlic schools with similar orworse academic performance on state examinations do not have theirregistrations revoked hythe state Education Department. This does not comportwith §2^^ ofthe Education Law, which delineates the causes ror revocation ofacharter.

The amendment concerning the transfer of studentrecords upon dissolution does not comply with§2^1^t)ofEducationLaw.

^n hehalf of the ^oard of Regents, ^ asl^ that the^oard of Trustees reconsider this application in light ofthe severe financial impact on the Roosevelt Union Eree School District and the remaining students enrolled there.

James R/Butterworth cc: Chancellor Carl T. Hayden Board of Regents Commissioner Richard P. Mills Richard H. Cate James A. Kadamus Richard D. Jones Darlene M. Mengel 171 Charter Schools Institute *CSII State University of New York

330 BROADWAY ROBERT J. BELLAFIORE ALBANY, NY 12207 EXECUTIVE DIRECTOR A ril 25 2000 PHONE: 518-443-5011 P > Fax: 518-443-5227 www.newyorkcharters.org

James R. Butterworth Assistant Commissioner Apn ^ r „_ ' State Education Department n << <* /UUU Room 475 EBA Albany, NY 12234

Dear Mr. Butterworth:

Pursuant to Education Law §2852(5-b), the Board of Trustees of the State University of New York, at its meeting of today, April 25,2000, voted to resubmit the proposed charter for the Roosevelt Children's Academy Charter School to the New York State Board of Regents for its review and consideration. After due consideration of the Board of Regents' comments and recommendation, as set forth in your letter to me, dated April 6,2000, the Board of Trustees, by its vote, determined to resubmit the instant proposed charter with some, but not all of, the modifications suggested by the comments of the Board of Regents.

As you will see, the analysis containing the financial impact to the school district has not been modified. The Trustees have determined that such statement met the requirements of §2851(2)(q) of the Education Law. However, as requested by the Board of Regents, the applicants, together with staff of CSI, conducted a lengthy conference call with Mr. Stephen Golas of SED staff, during which the two analyses were discussed in detail.

I enclose a copy of the amendments to the proposed charter (each of which has been agreed to by the applicants) that are to accompany the resubmission. These amendments, the proposed charter (including the application appended thereto) submitted to the Regents on February 4,2000, and any amendments submitted to the Regents thereafter, shall constitute the resubmission.

I enclose as well a copy of a letter from the applicants to me, dated April 13,2000, which provides additional information addressing the Board of Regents' comments and recommendations.

Once again, on behalf of the University Trustees, let me thank the Regents and staff of the State Education Department for their professionalism and collegiality throughout the review process and since the enactment of the Charter Schools Act. In large part because of this strong relationship, we at the University are more confident than ever in the potential of charter schools to improve public education and learning for all children.

Sincerely,

Robert J. Bellafiore Executive Director

Enclosures ^

^prill^^

Mr.^obert^ellafiore ^ecutive director Charter Schools institute ^8roadway ^lbany^^l^^7

1^^ ^submission of Charter for Roosevelt Children^s^cademy Charter School

OearMr.^ellafiore^ attached please find additional amendments to our applicationforthe Roosevelt Children^s^cademy Charter Schools to be located in^oosevelt^ew^or^.^fhese amendments to which we consent are provided pursuant to ^^^ subdivision ^bofthe education ^aw.

Webelieve these amendments satisfactorily respond to the official comments ofthe State 8oardof^.egents^ reflected in the letterof^pril^^O^ to youfrom^ssistant Commissioner Barnes ^utterworthofthe State education department. maddition^ wish to respond to the regents comments that do not reo^uire^ in our opinions any amendment to the application, please consider thefollowing^

^^^^^^^^^^^^^^^^^^^^^

Wereiterate our belief that the Charter School will haveapositive educational and fiscal impact on surrounding public and non^public schools.

In the B^pril^^^ correspondence to Robert ^ellafioreofthe Charter Schools institute by Or. Barnes ^utterworth^ssistant Commissioner ofthe State education departments Or.^utterworth urged that Stephen Colas ofthe department be contacted to discuss and compare the fiscal analyses respectively conducted by the department and the academy trustees, ^he academy contacted Mr. Colas^ who performed the Oepartment^sfiscal analysison the School Oistrict^andatelephone conference was held on ^prilllamong Mr. Colas^ and representatives from the ^cademy^s^oardof^frustees^ the Charter Schools Instituted and the management company partner, ^rom the discussion with Mr. Colas^ it was clear thattheOepartment^sanalysis consisted ofacursory examination of top line budget items, according to Mr. Colas^ the only cost savings examined were teaching professionals and theirrelated benefits. Mr. Colas made no analysis of potential cost savings in other budget items^ as he assumed that these costsavings were non^ existent, furthermore^ it was evident from the discussion that af^ermore than fouryears of special oversight by departments noclear attempt had been made by departments fundamentally restructure the ^^SO budget inafiscally prudent mannerto bring it ^

more in line with the Roosevelt ta^ base and better allocate resources to the classroom and away rrom administrative and support costs.

mcontrast, the ^cademy^sboardconductedathorough,line^by^line budget analysis examining each ot^ the Roosevelt^istrict^scurrent expenditures, ^ine items were then categorized intoned and variable costs based on the ^istrict^sability to vary each expenditure onayearly basis proportional to srudent enrollment, ^nourpresentationto the Regents, we included onlythosema^or budget items ^i.e., those expenditures greater than $500,000 per annum) considered to be variable. Weacknowledge that there is some merit to the ^epartment^scontention that many ot^these variable costs maynot be ^ully adjustable proportional toadecreased student population. However, we firmly maintain that cost savings ^rom variable budget items in the Roosevelt budget can o^set any revenue lost due to students attending the charter school.

Special Education and Student Discipline Code

Beyond the attached amendments to the special education program and student discipline code, the Academy believes it has adequately addressed all other components of IDEA. The additional information in the Application and subsequent Amendment regarding IDEA compliance provided to SUNY and the Department is identical in substance to 1) the Harriet Tubman Charter School application (as amended) that already was approved by the Regents, and 2) the Merrick Academy application (as amended) that was recommended for approval by the Department. The Regents' official comments upon return of the Merrick Academy charter to the State University Trustees nowhere mentioned deficiencies with special education program or processes.

Compliance with Title VI of the Civil Rights Act

The Academy believes it has adequately addressed Title VI of the Civil Rights Act. The information in the Application and subsequent Amendments regarding LEP programs provided to the State University Trustees and Education Department is identical in substance to 1) the Harriet Tubman Charter School already approved by the Regents, and 2) the Merrick Academy application recommended for approval by the Department. The Regents' official comments upon return of the Merrick Academy charter to the State University Trustees nowhere mentioned deficiencies with Title VI or the LEP program and processes.

Evidence of Adequate Community Support

The Academy reiterates its belief that the evidence of community support is indeed quantitative and testimonial for the reasons stated in the Application and Amendment. As previously described, the board of trustees is composed of several influential local community and business leaders who represent the interests of a large percentage of the ^

community and business leaders who represent the interestsofalarge percentage of the population ofl^oosevelt. ^ne trustee is himselfamember of the Roosevelt 8oard of Education.

^fhe charter school was invitedtomal^eapresentationofits programs in an open community meeting held in January by the Roosevelt community Empowerment coalition, ^ver^parents, teachers and community leaders attended and many of the attendees expressed an interest in the school and its programs and requested information on enrolling their children.

Local media has also been very supportive ofthe charter school. Eor example, ^^^B supported the charter school in an editorial published on^une 1^,1^^.

^fhe academy is in the process of collecting signatures onapetition in support ofthe school, ^his information will befor^varded to ^L^^ and the regents when it is compiled.

Finally,it should again be noted that on the most recent^grade statewide English and math examinations, ^^F^ran^ed51^and4^,respectively,outof^districts in Nassau bounty.

Name of the Proposed Charter School

We reiterate our belief that under §2854(1 )(b) of Education Law, charter schools are not subject to §2(1) of Education Law and are accordingly permitted to use the word "Academy" in a school's name.

If you have any questions or need further clarification, please contact me at 516-489- 6563 or Erik Heyer of Victory Schools, Inc. at 212-541-3970.

Thank you for your time and attention to this matter.

S

Robert Francis Lead Applicant Attachment 175

Roosevelt Children's Academy Charter School

The following constitutes amendments to the Roosevelt Children's Academy -Cliailei School application, based on the-official comments-of the New-Y of Regents upon its return of the proposed to the State University Board of Trustees.

Compliance with IDEA and Part 300 of Federal Regulations

As described in the application, the school will be widely marketed and open to all students. Area social services providers will also receive information sessions on the school and its programs and be used in marketing the school. These groups are expected help ensure equitable marketing of the school and enrollment to all potential students.

The school will comply with all Child Find requirements of IDEA. Students with special needs not addressed in an IEP will be identified through entrance screenings, ongoing unit testing in Direct Instruction and Core Knowledge curriculum and through teacher referrals. Students identified as potentially having special needs will be referred first to the Special Education Director for intervention, and subsequently to the CSE as appropriate for assessment.

Student Discipline Rules and Procedures

The student discipline policy shall be supplemented in the following ways:

• The regulatory requirements for the discipline of students with disabilities contained- in Part 300.519-300.529 of the Federal Regulations, a copy of which is attached, shall be incorporated into the school's discipline policy.

• The Roosevelt Children's Academy Charter School discipline policy shall also reflect the school's commitment to ensuring that all students receiving suspensions or expulsions shall be provided alternative instruction sufficient in quality and quantity to comply with section 3214 of the Education Law and other applicable laws. Strategies to be implemented may include, but are not limited to, home-based instruction, after-school instruction, tutoring, and contracting with additional providers, sufficient to attain the school's learning standards.

Transfer of Student Records

The application will be revised to reflect that: In the event of closure or dissolution of the Roosevelt Children's Academy Charter School, assets of the school shall be transferred to another charter school in the school district in which the school is located, or to the school district itself. The Roosevelt Children's Academy Charter School shall also provide each student's records to the school district of the student's residence. r-0.275 P.6/B fiPR.12.2262 11=12AM

Federal Register/Vol. 64. No 4S/r:;i3y. March 12. 1999/P.ulss and ?.i7-:\?.:\crs 12453 paragraphs (:)(2;?:i, ar.d (ili) of this §§3C0.5ZO-;CO 523. a change of (U) If the child already has a section. placement occ:n if— behavioral Intorvcr.tion plan, the lEP (d) iVjfi err,plr,yre requirement: (a) The rcna-i'. ts for more than 1C team shall meet to review the plan and compensation. A person who otherwise consecutive sch::i days, or its Implementation, and, modify the qualifies to be a surrogate parent under (b) The child is subjected to a series plan and Its Implementation as_ paragraph (c) oTth'ls sectlohirnot an "of removals that constitute a pattern necessary, to address the behavior employee of the agency solely because because they cumulate to more than 10 (2) As soon as practicable after he or she Is paid by the agency to serve school days in z school year, and developing the plan described In as a surrogate parent. because of factors such as the length of paragraph (b) (1) (l) of this section, and (e) Responsibilities. The surrogate each removal, the total amount of time completing the assessments required by parent may represent the child In all the child Is removed, and the proximity the plan, the LEA shall convene an EP matters relating tc~ of the removals to one another. meeting to develop appropriate (1) The identification, evaluation, and behavioral interventions to address that educational placement of the child: and (Authority: 20 U.S C 141500) behavior and shall implement those ^ (2) The provision of FAPE to the § 300.520 Authority of school personnal. Interventions. child. (a) School personnel may order- (c)(1) If subsequently, a child with a (Authority: 20 U.SC. 1415(b)(2)) ly 1)0) To the extent removal would be disability who has a behavioral Intervention plan and who has been §300.516 [Ressrvud], applied to children without disabilities, the removal cf a child with a disability removed from the child's current § 300.517 Transfer oi parental rights at ago from the child's current placement for educational placement for more than 10 ol majority. not more than 10 consecutive school school days In a school year Is subjected (a) Ceneral. A State may provide that, days for any violation of school rules, to a removal that does not constitute a when a student with a disability reaches and additional removals of not more change of placement under $300,519. the 1EP team members shall review the the age of majority under State law that than 10 consecutive school days In that i applies to all students (except for a same school year for separate incidents behavioral Intervention plan and Its student with a disability who has been of misconduct (as long as those Implementation to determine If determined to be Incompetent under removals do hot constitute a change of modifications are necessary. (2> If one or more of the team State law)— placement under §300.519(b)); (1)(1) The public agency shall provide (11) After a child with a disability has members believe that modifications are any notice required by this part to both been removed from his or her current needed, the team shall meet to modify the Individual and the parents; and placement for more than 10 school days the plan and its implementation, to the (11) All other rights accorded to in the same schoc! year, during any extent the team determines necessary. (d) For purposes of this section, the parents under Part B of the Act transfer subsequent days of removal the public to the student: and following definitions apply: agency must provide sendees to the (1) Controlled substance means a drug (2) All rights accorded to parents extent required under § 300.121(d); and under Part B of the Act transfer to or other substance Identified under ; (2) A change in placement of a child schedules I. II. III. IV. or V in section students who are incarcerated In an with a disability to an appropriate adult or Juvenile. State or local 202(c) of the Controlled Substances Act interim alternative educational setting (21 U.S.C. 812(c)). correctional Institution. for the same amount of time that a child (3) Whenever a State transfers rights (2) Illegal drug- without a disability would be subject to (i) Means a controlled substance; but under this part pursuant to paragraph discipline, but fcr net more than 45 (II) Does not include a substance that' (a)(1) or (a)(2) of this section, the agency days, if— Is legally possessed or used under (he shall notify the individual and the (I) The child carries a weapon to supervision of a licensed health-care' parents of the transfer of rights. school or to a school function under the (b) Special rule. If. under State law. a professional or that Is legally possessed Jurisdiction of a State or a local or used under any other authority under State has a mechanism to determine that educational agency: or a student with a disability, who has that Act or under any other provision of (II) The child knowingly possesses or Federal law, reached the age of majority under State uses Illegal drugs or sells or solicits the (3) Weapon has the meaning given the law that applies to all children and has sale of a controlled substance while at -term "dangerous weapon" under not been determined Incompetent under school or a school function under the , paragraph (2) of the first subsection (g) i i State law. docs not have the ability to Jurisdiction of a State or local of section 930 of title 18. United States provide informed consent with respect educational agency. Code. to his or her educational program, the (b)(1) Either before or not later than 10 i (Authority. 20 U S C. 141500(1). (10)) State shall establish procedures for business days after either first removing appointing the parent, or. if the parent the child for more than 10 school days § 300.G21 Authority of hearing officer. is not available another appropriate in a school year or commencing a A hearing officer under section 615 of individual, to represent the educational removal that constitutes a change of the Act may order a change In the Interests of the student throughout the placement under §300.519. Including placement of a child with a disability to students eligibility under Part B of the the action described in paragraph (a)(2) ah appropriate Interim alternative Act. of this section— educational setting for not more than 45 (Authority: 20 U.S.C.'M 15(m)) (I) If the LEA did not conduct a days If the hearing officer. In an Discipline Procedures functional behavioral assessment and expedited due process hearing— Implement a behavioral Intervention (a) Determines that the public agency § 300.519 Crwnga of placement for plan for the child before the behavior has demonstrated by substantial disciplinary removals. that resulted in the removal described In evidence that maintaining the Current For purposes of removals of a child paragraph (a) of this section, the agency placement of the child Is substantially with a disability from the child's current shall convene an 1EP meeting to develop likely to result in injury to th« child or educational placement under an assessment plan to other-.; APP.12.2%2 11 = 12AM NO. ^3 P.7/B 12454 Federal Register/Vol. 64. Ko 43/Friday. March-12. 1999 /Rules and Rcguizucr.s 177

(bl Considers the appropriateness of team and other qualified personnel in a would h» applied tc children without the child's Current placement; meeting. disabilities, except a: provided In (c) Considers whether the public (c) Conduct cf review In carrying out §30-3 121(d) zjency has made reasonable efforts to a review described I", paragraph (a) of (b) Additional requirement. U the . .rrTinir.ize the risk of harm in the child's this section, the IEP tc-arn and other public ag-ncy Initiates disciplinary current placement, IncludingThe use-of— -QttaMed-pr-rsnnni'LiTJiy determine that procedures applicable to all children, supplementary aids and services: and the behavior of the child was not a the agency shall erasure That die specral (d) Determines that the interim manifestation of the child's disability education and disciplinary records of alternates educational setting that is only if the IEP team and other qualified the child with a disability are proposed by school personnel who have personnel— transmitted for consideration by the consulted with the child's special (l) First consider, In terms of the person or persons making the final education teacher, meets the behavior subject to disciplinary acdpn. determination regarding the disciplinary requirements of § 300.522(b). all relevant Information, including — action. (e) As used in this section, the term (I) Evaluation and diagnostic results, (c) Child's status during due process subsram/a/ evidence means beyond a Including the results or other relevant proceedings. Except as provided In preponderance of the evidence. Information supplied by the parents of §300.526. §300.514 applies if a parent (Authority: 20 U.S.C. HlS(k)(2). (10)) the child. requests a hearing to challenge a (il) Observations of the child; and determination, made through the review § 300,522 Determination of setting. (ill) The child's IEP and placement; described in § 300.523. that the behavior (a) General. The Interim alternative and of the child was not a manifestation of educational setting referred to in 2) Then determine that- the child's disability. § 300.520(a)(2) must be determined by 'll In relationship to the behavior the IEP team. subject to disciplinary action, the (Authority. 20 U.S.C. Ml5(k)(5)) (b) Additional requirements. Any child's IEP and placement were §300.525 P»rant appeal. appropriate and the special education interim alternative educational setting (a) Ceneral. (1) If the child's parent In which a child Is placed under services, supplementary aids and services, and behavior Intervention disagrees with a determination that the §§ 300.520(a)(2) or 300.521 must— child's behavior was not a manifestation (1) BJ selected so as to enable the strategies were provided consistent with the child's IEP and placement; of the child's disability or with any child to continue to progress in the decision regarding placement under general curriculum, although In another (II) The child's disability did not setting, and to continue to receive those impair the ability of the child to . §§ 300.520-300.523. the parent may request a hearing. services and modifications, including understand the Impact and consequences of the behavior subject to (2) The State or local educational those described In the child's current agency shall arrange for an expedited IEP. that will enable the child to meet disciplinary action; and the goals set out in that IEP; and (III) The child's disability did not hearing In any case described In (2) Include services and modifications Impair the ability of the child to control paragraph (a)'(l) of this section if a to address the behavior described in the behavior subject to disciplinary hearing is requested by a parent. §§ 300.520(a)(2) or 300.521. that are action. (b) Kev/ewo/'decis/ori. (1) In designed to prevent the behavior from (d) Decision. If the IEP team and other reviewing a decision with respect tc the recurring qualified personnel determine that any manifestation determinadbn, the hearing officer shall determine whether (Authority 20 US C. Ml 5(k)(3)) of the standards In paragraph (c)(2) of this section were not met. the behavior the public agency has demonstrated that § 300.523 Manllcctfltlon determination must be considered a manifestation of the child's behavior was not a. review. the child's disability. manifestation of the child's disability (a) General. If an action Is (e) Meeting. The review described In consistent with the requirements of contemplated regarding behavior paragraph (a) of this section may be § 300.523(d). described in §§ 300.520(a)(2) or 300.521, conducted at the same IEP meeting that (2) In reviewing a decision under or involving D removal that constitutes Is convened under § 300.520(b). § 300.520(a)(2) to place the child In an a change of placement under §300.519 (f) Deficiencies In IEP or placement. If. interim alternative educational setting for a child with o disability who has In the review In paragraphs (b) and (c) the hearing officer shall apply the engaged in other behavior that violated of this section, a public agency standards In §300.521. any ru'.e or code of conduct of the LEA Identifies deficiencies In the'child's IEP (Authority: 20 U.S.C. 1415(k)(6)) that applies to all children— or placement or in their '!, . (1) Not later than the date on which implementation. It must take immediate S 300.526 Placement during appeals, the decision to take that action Is made, steps to remedy those deficiencies: (a) Ceneral. If a parent requests a the parents must be notified of that (Authority: 20 US C. 1415(10(4)) hearing or an appeal regarding a decision and provided the procedural disciplinary action described in safeguards notice described In § 300.524 Determination that behavior was § 300.520(a)(2) or 300 521 to challenge . §300.504: and not manifestation of disability. the Interim alternative educational (2) Immediately, if possible, but In no (a) Genera/. If the result of the review setting or the manifestation case later than 10 school days after the described In § 300.523 is a determination, the child must remain In date on which the decision to take that determination, consistent with the Interim alternative educational action Is made, a review must be § 300 523(d). that the behavior of the ' setting pending the decision of the conducted of the relationship between child with a disability was not a hearing officer or until the expiration of the child's disability1 and the behavior manifestation of the child'6 disability, the time period provided for In subject to the disciplinary action the relevant disciplinary procedures § 300.520(a)(2) or 300.521. whichever (W IndMdush to parr/our review. A applicable to,children without occurs first, unless the parent and the review described Injparagraph (a) of this disabilities may be applied to the child State agincy or local educational as-jney section must bo conducted by the IEP In the same manner In which they agree otherwise. APR. 12.22% 11:13AM - r0.e?3 P.fcV8 1% Federal Register/Vol. 64. No. 43/Friday. March 12, 1999/Rules and Regulations 12455

(b) Currer.t c.'jremcnr.lf a child Is (2) The behavior or performance of (Authority. 23 U.S C. 14-.SW3;) placed in an interim alternative the child de.r.cr.s'.rates the r.eed for §300.523 EapfltJIted du<> procau hearings. educational sitting pursuant to these services, ir. accordance with § 300.520(a)(2) cr 200.521 and school §300.7; (a) Expedited due process hearings under §§ 3C0.521 -300.526 must- personnel propose to change the child's (3) The parent cf the child has -tequ£iied_an evaluation of the child (1) Meet the requirements of placement" afrer eTCprratton-of-the4r«er4m —§.3fifl.&QQ .pyj-ppr thy a <;,;,., m%y alternative placement, during the pursuant to §§ 31C.530-3CO.S36: or provide that the tine periods Identified pendency of ar.y proceeding to (4) The teacher of the child, or other personnel of the local educational in §§ 300.503(a)(3) and §300.509(b) for • challenge the proposed change In purposes of expedited due process placement the child must remain In the agency, has expressed concern about the behavior or performance of the child to hearings under §§ 3C0.521-300.526 are current placement (the child's not less than two business days; and placement prior to the Interim the director of special education of the agency or to other personnel In - (2) Be conducted by a due process alternative educational setting), except hearing officer who satisfies the accordance with the agency's as provided in paragraph (c) of this requirements of § 3C0.503. section. established child find or special (b)(1) Each State shall establish a (c) Expedited hearing. (I) If school education referral system. timeline for expedited due process (c) Exception. A public agency would personnel maintain that It Is dangerous hearings that results In a written not be deemed to have knowledge under for the child to be in the current decision being mailed to the parties paragraph (b) of this section If. as a I. placement {placement prior to removal within 45 days of the public agency's result of receiving the Information to the interim alternative education receipt of the request for the hearing, specified In that paragraph, the setting) during the pendency of the due without exceptions or extensions. process proceedings, the LEA may agency— (2) The timeline established under request an expedited due process (1) Either— (:) Conducted an evaluation under paragraph (b)(1) of this section must be hearing. §§300.530-300.536. and determined the same for hearings requested by (2) In determining whether the child that the child was not a child with a parents or public agencies. may be placed ir. the alternative (c) A State may establish different disability under this part: or educational setting or in another (11) Determined that an evaluation was procedural rules for expedited hearings appropriate placement ordered by the not necessary; and under §§ 300.521 -300.526 than It has hearing officer, the hearing officer shall established for due process hearings (2) Provided notice to the child's . ' apply the standards in § 300.521. parents of its determination under under §300.507. (3) A placemen; ordered pursuant to paragraph (c)(1) of this section. (d) The decisions on expedited due paragraph (c)(2) of this section may not consistent with §300.503. process hearings are appealable be longer than 45 days. (d) Conditions rhar apply If no basis consistent with § 300.510. (4) The procedure in paragraph (c) of of kno*!edgi.[\) General If an LEA (Authority: 20 U.S.C. HlS(k)(2). (6). CO) this section may be repeated, as does not have knowledge that a child is necessary. §300.529 Referral to and action by law a child with a disability (In accordance enforcement ond judicial authorities. (Authortty.20U.SC. UlS(k)(7)) with paragraphs (b) and (c) of this (a) Nothing In this part prohibits an section) prior to taking disciplinary §300.527 Protections for children not yet agency from reporting a crime measures against the child, the child committed by a child with a disability eligible for spaciol education and rotated may be subjected to the same to appropriate authorities or to prevent sarvlees. disciplinary measures as measures (a) General. A child who has not been State law enforcement and Judicial applied to children without disabilities authorities from exercising their determined to be eligible for special who engaged In comparable behaviors education and related services under responsibilities with regard to the consistent with paragraph (d)(2) of this application of Federal and State law to this part and who has engaged In section. behavior that violated any rule or code (2) Limitations. (I) If a request Is made crimes committed by a child with a of conduct of the local educational disability. for an evaluation of a child during the (b)(1) An agency reporting a crime agency. Including any behavior time period in which the child Is described in §§300.520 or 300.521, may committed by a child with a disability subjected to disciplinary measures shall ensure that copies of the special assert any of the protections provided under § 300.520 or 300.521. the for In tills par; if the LEA had education and disciplinary records of evaluation must be conducted In an the child are transmitted for knowledge (as determined In expedited manner. accordance with paragraph (b) of this (II) Until the evaluation Is completed, consideration by the appropriate authorities to whom It reports the crime. section) that the child was a child with the child remains In the educational a disability before the behavior that (2) An agency reporting a crime under placement determined by school this section may transmit copies of the precipitated the disciplinary action authorities, which can Include occurred. child's special education and suspension or expulsion without disciplinary records only to the extent (b) Bash of knowledgcAn LEA must educational services. that the transmission Is permitted by the be deemed to have knowledge that a (III) If the child is determined to be a Family Educational Rights and Privacy child Is a child with a disability If— child with a disability, taking Into Act. (I) The parent of the child has consideration Information from the expressed concern In writing (or orally evaluation conducted by the agency end (Authority: 20 U.S.C. HlS(k)(9)) If the parent cces not know how to information provided by the parents, the Procedural (or Evaluation and write or has a disability that prevents a agency shall provide special education Determination of Eligibility written statement) to personnel of the and related services In accordance with appropriate educational agency that the the provisions of this part. Including the §300.530 General. child Is in n.'cd of special education and requirements of §§300.520-300.529 and Each SEA shall ensure that each related servl:?s section 612(a)(1)(A) of the Act. public agency establishes and 1?9

EXHIBIT A

APPLICATION 180 Application

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ROOSEVELT CHILDREN'S ACADEMY - CHARTER PUBLIC SCHOOL

APPLICATION Victory Children's Academy **^ Long Island Charter School

1. Name of school:

Victory Children's Academy — Long Island Charter Public School (the "Academy")

2. Lead Applicant: Robert Francis Commissioner Town of Hempstead Department of Planning and Economic Development 200 North Franklin Street Hempstead, NY 11550 195 N. Brookside Avenue Roosevelt, NY 11575

3. IRS not-for-profit status: Yet to apply. Tax-exempt status will be obtained within one year of this application's submittal.

4. Applicants' partner, if any: Victory Schools Inc. 183 Victory Children's Academy Long Island Charter School

5. If the charter school is to be established in conjunction with a for- profit business or corporate entity, provide the name of such entity and specify the extent of the entity's participation in the management and operation of the school. Upon approval of this application and the granting of a charter, the Board of Regents will incorporate the Academy as an education corporation, which will be constituted with an independent Board ofTrustees. It is expected that the Academy's Board of Trustees will establish the charter school, in conjunction with Victory Schools Inc. ("VSI" or "Victory Schools"), a professional education management organization headquartered in, and chiefly serving, New York State. It is further expected that the Academy will enter into a management contract, negotiated at arms-length, with VSI, pursuant to which VSI will participate in the management and operation of the Academy, under the supervision of the Academy's Trustees, as described in more detail in questions 39 and 40 of this application. These steps are expected to be taken in accordance with the relevant provisions of Federal and State law. The senior management and advisors of Victory Schools include experienced education reformers with an exceptional track record of success in New York's most disadvantaged public schools. In addition, these individuals have proven success in the performance-based business world; are strongly capitalized; and have demonstrated a long and sincere commitment to children's welfare issues and to New York State's charter school movement. The explicit social mission of Victory Schools is to improve public education in New York by assisting in the start-up and management of charter public schools of outstanding quality, pursuant to negotiated management contracts. VSI intends to ally with the best local education reform groups in the state's worst performing school districts, and will specifically seek to serve "at risk" children. VSI will provide its local partners with the large amount of financing necessary to open a charter school; with the business skills and management systems needed to operate the school effectively; and with an innovative model curriculum whose elements have been proven to produce exceptionally strong results in New York State and elsewhere. In some circumstances, VSI may also provide financing and management support to local educators who have their own curriculum models if those models hold the promise of strong academic results. The Founding Board of Advisors* of Victory Schools includes, in alphabetical order:

No advisor, except for VSI's chief executive, has any ownership in VSI, its profits or losses. 184 Victory Children's Academy Long Island Charter School

• Erskine B. Bowles: Chief of Staff to President Clinton, 1996 to 1998; Deputy White House Chief of Staff, 1994-1995. • Rev. Congressman Floyd W. Flake: Pastor of Allen AME Church; U.S. Representative of New York's Sixth District (1986-1998). • Sv Fliegel: Executive Director of the Center for Educational Innovation - Public Education Association ("CEI-PEA"); former Superintendent of Harlem/District Four; author, "Miracle in East Harlem."

• Theodore J. Forstmann: Senior partner of Forstmann Little & Co.; Founder of the Children's Scholarship Fund, to which Mr. Forstmann (with John Walton) donated $100 million and raised $70 million more. • Steven B. Klinskv: Founder, in 1993, of the Gary Klinsky Children's Centers, a model academic after school program now serving 460 children each day at three disadvantaged public elementary schools in East New York, Brooklyn. Board member of CEI-PEA; Manhattan Institute's City Journal: the Brooklyn Bureau of Community Service; the Special Projects Committee of Memorial Sloan Kettering and the Economic Development Corporation of New York City. General Partner at Forstmann Little & Co. Founder and chief executive officer of Victory Schools. • Steve Nelson: Director of the Initiative on Social Enterprise, Harvard Graduate School of Business Administration. The Educational Advisors to VSI include: • Jane DeNapoli and Kendra Feinberg: Leading specialists in schoolwide training, management and implementation of the Direct Instruction curriculum; now overseeing 66 school sites in eight states. • John Elwell: Former director of alternative schools for District Three; founder of New York Prep; Director of CEI/Annenberg educational technologies initiative and Gilder Initiative. • Stephen Kahn: Former special assistant to the Chancellor's Office, New York City; advisor for special, education. • David Li ben and Christina Giamalva: Principal/Founders of the nationally recognized Family Academy, the most successful alternative public school in Harlem. 185 Victory Children's Academy Long Island Charter School

• Harvey Newman: Former director of option schools, Harlem/District 4, including 28 schools of choice; head of the Charter School Institute of CEI-PEA.

• Larry Yancv: Director, Gary Klinsky Children Centers. Educator and administrator of 27 years experience. VSI has advised the applicant that the Victory Children's Academy-Long Island Charter School ("the Academy") will be one of only two schools supported by Victory Schools in 1999. The first rationale for VSI's support for the Academy is the severe and continuing academic underperformance of children in the traditional non- chartered public schools in the central Long Island districts which the Academy will serve. These districts include, for example, Roosevelt (Nassau County), where over 95% of all students have consistently failed to achieve a Regents Diploma and which has now been placed under the direction of the state. Nearby towns such as Wyandanch, Hempstead, Amityville, Lindenhurst, Brentwood, Central Islip, Uniondale, and Copiague also face harsh economic challenges and fall far below average academic achievement levels for Nassau Counry, Suffolk County and for New York State. The second rationale for the Long Island Academy is to demonstrate that the New York's new charter school law will benefit the entire state, not just New York City. By establishing an early demonstration of the charter school law's benefit for Nassau and Suffolk, a clear message will be sent that charter schools will be a highly valuable new educational opportunity for all New York communities. 186 Victory Children's Academy Long Island Charter School

6. Anticipated opening date for the charter school: September 8, 1999

7. Applicants may request consideration for an expedited review wherein the Charter Schools Institute would waive the normal time line for its review process. Requests must provide compelling reasons. Do you require an expedited review? , Yes. "At risk" children have a critical need for a high quality education and have only a limited number of years in which to receive it. The early childhood years, Grades K-2, are particularly brief and important. If even one of these years is wasted, the damage to the child may be lifelong and irreparable. The Victory Academy is fully prepared to open in September 1999. The school will offer an innovative educational approach that will improve the education and lives of almost 250 "at risk" children. It would be unfair to these children to deny them access to this superior educational alternative when the superior alternative is available for them. Expedited review will also support the broader public policy aims of the Charter School law. The existence of a small number of charter public schools, beginning September 1999, will serve as valuable examples for the many additional public charter school applicants expected in the year 2000. Finally, expedited approval of a charter school for Long Island will energize needed and • positive reforms in the non-chartered public schools of this district one year earlier, providing a valuable service to all the districts' children. u\ 187 Victory Children's Academy Long Island Charter School

8. Requested initial term of charter: Five years

9. Have you applied to any other chartering entity for a charter? No

10. Are you requesting a conversion of an existing traditional public school to a charter school? No. .188 Victory Children's Academy Long Island Charter School

11. Mission statement for the school

MISSION STATEMENT

The mission of the Long Island Victory Academy is to create one of the finest public schools in America through use of the charter school process; to serve the "at risk" children of Nassau and Suffolk; and to create a role model for charter public school design that can be replicated in disadvantaged neighborhoods everywhere.

The central, southern region of Long Island, which the Academy has chosen to serve, holds a cluster of - often forgotten - districts facing severe economic and educational challenges.'

Wyandanch, for example, has a Census Poverty Index score of 31 compared to a score of 6 for Suffolk County generally. Only 3.0% of Wyandanch students achieved a Regents Diploma in 1988-89 and only 5.9% in 1995-96. This implies that over 94% of all Wyandanch students are unable to graduate high school under the new legislative standard.

In Hempstead, another high poverty area, only 3.0% of students achieved a Regents Diploma in 1988-1989 and only 5.9% in 1995-96. In Roosevelt, diplomas were earned by an even lower 1.9% and 4.0%, respectively; the state has taken over control of the local system. The most successful district, Brentwood (at 30.5% Regents Diploma achievement level in 1995-96), is still barely reaching 60% of its county's average.

The New York State charter law creates a critically important new mechanism to help children in these troubled districts. The Long Island Victory Academy intends to demonstrate the best capabilities of the new charter law, and begins its efforts strengthened by a set of unique and important advantages.

First, the Academy has received the full sponsorship of Victory Schools. This insures the Academy has the financial strength and performance-based management skills to succeed; it also gives the Academy access to an advisory board of national stature. At the same time, the Academy's local board of trustees includes leaders of proven stature and commitment to children,who speak knowledgeably for the highest aspirations of the Long Island community. The Academy will offer parents an extended school day for their children with cultural enrichment; two teaching assistants for every classroom and a highly

The served districts are defined as Hempstead, Roosevelt, Uniondale, Westbury (Nassau County) and Brentwood. Central Islip. Copiague, Lindenhurst and Wyandanch (Suffolk county). victory ^hildren^s academy ^ong Island charter school inno^ati^e academic curriculurri proven hy research to ha^e the hest possible chance 01 insuring academic success.

The victory ^hildren^s academy will advance all the purposes 01 the I^ew York ^tate charter law,andwill^

The academy is huilt on the philosophy that all children can learn. The school will implement this philosophy hy employing the hest private sector per^ormance^hased management techniques,comhinedwithamodel curriculum oie^cepuonal potential. The^cademy^sper^ormanceDoased management is descrihed in part^o^ this question. The model curriculum is described helow.

The ^cademy^s curriculum comhines the strongest elements 01 three mutually reinforcing and highly successful educational approaches^ ^ieg^ried Englemann^s^r^c^^^tr^cno^,E.D.rIirsch^rBs^or^^o^^^andthe creative thematic curricula employedhy^l^s personnel since ^^3 at puhlic elementary schools in East New^York,Brooklyn. The Direct Instruction lessons will gi^e children mastery 01 fundamental reading, math and language skills^ ^ore knowledge w^ill teach children the suhstance o^ history,science, geography,literature and ^ine arts atahigh academic le^el^ and the thematic ^al^terschool^curricula will allow children to en^oyahly practice their new skills while increasing their creativity, curiosity and lo^eoi learning. Two teaching assistants w^ill he hiredTor each classroom to increase teacher el^Iecti^eness, and the school day w^ill he extended until^^OO^l^toincrease learning time hy 18^ each day.

Direct Instruction

The academy w^ill employ Direct Instruction I^or reading, math and (English) language instruction Direct Instruction lessons are taught according to professionally prepared classroom scripts that ha^eheen written^ tested^ rewritten,retested and polished inacycleol^ classroom Held trials that ends only when ninety percent ol^all students are proven to understand the lesson on ^irst hearing. Teachers using ^Dl^are extensively trained and coached hy expert facilitators on the proper way to pace and present these lessons ^or maximum e^ecti^eness. The Direct Instructionapproach is highly interactive, withateacher asking 300 or more questions in small group sessions inasingle day. answers are gi^enhy the class in chorus or indi^idually,so that all students stay in^ol^ed and so the teacher can quickly detect whether each individual is learning the lesson, frequent assessments are huilt into the program,such as reading checks e^eryli^e or ten lessons to ensure that all students reach 100 percent mastery, heading lessons are taught to students ISO Victory Children's Academy Long Island Charter School in small groups, generally just seven to eight students at a time. In these ways, every student at the Victory Academy will be educated to his or her full potential, and no child will be "lost" during these critical learning years.

The largest study of instructional effectiveness ever conducted, the federal government's Project Follow Through, measured Direct Instruction against eight other approaches in a field trial involving 10,000 children and 180 sites. Direct Instruction was found to have the greatest positive impact on all three measures used in the study: basic skills, cognitive skills and self- confidence. As Prof. Bonnie Grossen, Ph.D., of the University of Oregon has written: "Educational reformers search for programs that produce superior outcomes with at-risk children, that are replicable and can therefore be implemented reliably in given settings, and that can be used as a basis for a whole school implementation that involves all students in a single program sequence, and that result in students feeling good about themselves. The Follow Through data confirm that Direct Instruction has these features. The program works across various sites and types of children (urban blacks, rural populations, and non-English speaking students). It provides positive achievement benefits in all subject areas - reading, language, math and spelling. It produces superior results for basic skills and for higher-order cognitive skills in reading and math. It produces the strongest positive self-esteem of the [nine different] Follow Through [study] programs."

In July 1998, the American Federation of Teachers cited Direct Instruction as one of Six Promising Schoolwide Programs For Raising Student Achievement. The AFT based its assessment on Direct Instruction's ability to raise children's education performance to high standards; its effectiveness for at-risk students in low performing schools; its proven history of replication; and the existence of professional development, material and ongoing implementation support for schools choosing to adopt this reform. As the AFT wrote: "When this program [Direct Instruction] is faithfully implemented, the results are stunning, with some high-poverty schools reporting average test scores at or above grade level - in a few cases, several grades above. In the 1977 evaluation of Project Follow Through, the achievement results of high-poverty Direct Instruction students were, compared to students in nine other early education programs. DI students outperformed control group students and students in the other experimental programs on every academic measure, moving from the 20th percenule (the normal level of performance for children in poverty) to about the 50,h percentile (even with mainstream students). In contrast, the achievement results in some of the other programs actually declined as a result of the intervention. Follow-up studies of students taught by - 191 Victory Children's Academy Long Island Charter School

Direct Instruction in the early grades also show enduring benefits. One New York comparison found that more than 63 percent of DI students graduated from college, as opposed to 38 percent of the control group; mean ninth-grade test scores were higher (Effect Size * or "ES"=+.41, reading; ES=+.29, math); retention rates were lower (21 percent vs. 33 percent); and there were fewer dropouts (28 percent vs. 48 percent)."

Core Knowledge

The Academy will employ Core Knowledge to teach the substantive facts of history and science. The Core Knowledge curriculum is best known as the What Every Kindergartner Should Know; What Every First Grader Should Know series; copies of which are attached to this application for explanation purposes. The premise of Core Knowledge is that children learn new information by building on a base of previously acquired knowledge. An "achievement gap" exists between children who have this knowledge and the less fortunate children who do not, and this gap widens over time. Core Knowledge organizes key content over a series of grades to assure that all children are given this knowledge and thereby closes the achievement gap.

Like Direct Instruction, Core Knowledge is also commended by the AFT as one of its six promising school-wide reform programs. As the AFT writes:

"The Core Knowledge Sequence (CK) was designed to add content to the general skills and objectives typically found in state and local curriculum guides and provides a common core of knowledge in the early grades. Originated by University of Virginia professor E.D. Hirsch, Jr., CK is being implemented in over 350 schools in 40 states around the country. As such, it represents the first articulation of many standards-based reformers* push for a model national curriculum, built around the idea that American schools need challenging academic standards to provide equal educational opportunity. Or, as one teacher describes Core Knowledge, "It's like a gifted curriculum for all kids." Designed to comprise about 50 percent of the school's curriculum, the sequence provides a detailed listing of specific content to be taught, at each grade level, in the disciplines of history, geography, mathematics, science, language arts, and fine arts."

An "effect size" is a standard means of expressing achievement gains and losses across studies, showing differences between experimental and control groups in terms of standard deviation. An effect size of + 1.00 indicates that the experimental group outperformed the control group by one full standard deviation. The AFT cites effect size improvement from Direct Instruction for language of+.49 to +.84; for reading comprehension of+.07 to.+.69 and for math of+.57 to 1.11. As the AFT report explains. "To give a sense of scale, an effect size of . + 1.00 would be equivalent to an increase of 100 points on the SAT scale or 15 points of IQ - enough to move a student from the 20"' percentile (the normal level of performance for children in poverty) to above the 50'" percentile (the norm for mainstream students)." OL 192 Victory Children's Academy Long Island Charter School

Thematic Curricula in an Extended Day

The Academy's use of Direct Instruction and Core Knowledge will be supplemented with a third innovation: an extended school day schedule featuring a strong enrichment component.

This enrichment unit will be based on the successful Gary Klinsky Children Centers model, founded by Steven B. Klinsky in 1993, and which now serves 460 children each day in three of New York City's most disadvantaged public elementary schools. These Centers hire one teacher and one teaching assistant for every twenty children and create after school "clubhouses" right in the school building. These clubhouses pursue thematic curricula that combine reading, math, art, dance, music, computer play and field trips in enjoyable lessons that feel to the children like play, not "school".

For example, in a unit about "The Rainforest", the children would read a book about the rainforest, turn their classroom into a rainforest through art, build a terrarium and scientifically examine the results, learn a dance done in the rainforest, take a field trip to the Botanical Gardens, write a rainforest story or poem, and invite their parents to school for a celebration of their work. The results of this after-school approach have been outstanding to date. Children attending the Centers report that they now like school more, and regular school day attendance for children at GKCC's first center has increased to 93 % vs a school average of 87%. Children who attend this GKCC site have achieved materially improved reading and math scores on standardized tests." Parent, teacher and student reaction has been enthusiastic, according to subjective questionnaires, and there is a long waiting list for admission.

The Centers now operate at PS 149, PS 174 and PS 306 in East New York (Brooklyn), one of the city's most disadvantaged neighborhoods. The program has won major expansion grants from George Soros' After School Corporation; the Tiger Foundation; Merrill Lynch; the Greve Foundation; and others. The Children Centers concept is designed to be low cost and highly replicable. Recently, the Miami Heat franchise of the NBA indicated their intent to replicate the GKCC formula at five disadvantaged elementary

At the original Children's Center site (PS 149), the number of GKCC children at or above grade level in reading showed a 12.4 percentile gain over school average in 1997 (a 70.5% improvement on the school's 17.6 percentile base), and an 8.4 percentile gain in 1998 (a 36.5% improvement over the school's 23 percentile base). Math scores showed a 13.8 percentile point gain over school average in 1997 (a 46% gain on the school's 30 percentile base); and a 13.0 percentile point gain in 1998 (a 46.4% gain on the school's 28 percentile base). The school scores are themselves elevated by the inclusion of the GKCC students in the school's base. The applicant believes the program's material level of improvement will be further enhanced by the addition of Direct Instruction and Core Knowledge. Ui 193 Victory Children's Academy Long Island Charter School

schools in the Miami area and to encourage other NBA teams to do the same in their cities.

The Academy believes that the combination of the creative, free form GKCC "after-school" model with structured but highly effective Direct Instruction and the strong content of Core Knowledge will be an extraordinarily "powerful educational blend. As a result, the Academy will improve the learning and achievement of all its students. b. Increase learning for all students and, if applicable, with a special emphasis on expanded learning opportunities for children at risk of academic failure. The Academy will be open to all students and will not discriminate on any basis. However, the Academy has been located in Central Harlem specifically to serve "at risk" children, and the Academy's curriculum is designed to serve these children ideally. Both Project Follow Through and the AFT's Six Promising Schoolwide Reform Programs emphasize Direct Instruction's effectiveness with "at risk" children as a key strength of the DI program. The Direct Instruction model takes no prior knowledge for granted and systematically teaches all elements needed for educational mastery. It's use of small group instruction ensures close personal teacher attention and allows children to move at their own pace of achievement. Each student's performance is assessed frequently and systematically so that educational weaknesses can be corrected immediately and no child is ignored. Core Knowledge also helps "at risk" children. Core Knowledge assures that, as the AFT writes, "all students, regardless of background or neighborhood, are exposed to a common core of learning... (T)he watered-down curriculum typical of many high-poverty schools is eliminated." Core Knowledge closes the "achievement gap" between advantaged children and "at risk" children by instilling an organized base of knowledge in all children and building on that base. The Academy's enrichment unit is also particularly valuable for "at risk" children. It will offer these children an opportunity to broaden their intellectual horizons and to participate in art, dance, music, field trips and computer play in a way usually only available to children in economically affluent school districts. The success of the Gary Klinsky Children Centers has ui 194 Victory Children's Academy Long Island Charter School been in East New York, Brooklyn; a district which is itself highly disadvantaged.

c. Use different and innovative teaching methods. Schoolwide implementation of Direct Instruction (while proven to be highly effective in twenty-five years of field research) ancLof Core Knowledge would still be an innovation for the poorly performing school districts that the Academy will serve. The traditional public school model, which the neighborhood generally pursues, does not rely on research based methods. Rather, each teacher is left to "reinvent the wheel" each day, with inconsistent and poor results. The thematic curricula/extended day unit is also highly innovative, employing practices successfully developed by the Children Centers since 1993. The teaming of Direct Instruction, Core Knowledge and extended day enrichment together will be particularly unique and innovative. d. Increase professional opportunities for teachers, school administrators and other personnel. The professional opportunity most desired by sincere educators is to help children. The Victory Academy will enable educators to fulfill this goal by empowering them to create one of the finest, most innovative public schools in the .country. The teaching staff will receive full training in Direct Instruction from a nationally recognized team of Direct Instruction specialists, retained by VSI for this purpose. Each Academy teacher will receive two days of training in methods for student placement and testing. Each will receive thirteen days of pre-service training, including separate training for each program component (reading, language, math and spelling) and for instruction management. During the first year, every Academy teacher will be visited in the classroom by an outside consultant at least once each month. The Academy's administrator

While this application stresses the Academy's benefits for at risk children, it should also be understood that the Academy's approach is designed to work for all students, including the most gifted. The hallmark of Direct Instruction is small group learning (generally one teacher for each seven students), with the resulting ability that all students may move at their own pace. Quick learners are not held back, nor are slower learners forced to advance before the lesson is understood. Every classroom in the Direct Instruction school building teaches reading at the same time so, for example, a gifted second grader could read with a third grade group for that particular period and then return to her home classroom for the remainder of the day. Core Knowledge introduces children to content of an outstanding caliber, with many opportunities for supplementary individual work. The thematic curricula allows children to create and innovate at their own pace of achievement. victory Children's Academy ^ong Island Chafer school and senior teachers will he sent to attend five day senior workshops in Memphis, Tennessee. In addition, members of the Academy teaching staff with prior experience in direct Instruction techniques will act as lead teachers inside the school to facilitate the advancement of the others.

salary and benefitsfor the Academy's staff is expected to be ec^ual to,or better than, the compensation available in surrounding public schools. Opportunity for career advancement should be greater at the Academy, as the Academy intends to expand its enrollment over time and to see its innovative educational model replicated by other public and private schools.

^ ^^^^^a^^sa^^^^^s^^^^a^^^^^^^s^^^^^^^ ^^^^^a^^^a^^^^^^^^^^a^a^a^a^a^^^^^^^^^^^^^^^

There isalimited number of outstanding, non^chartered public schools in I^ong Island and none with the same educational model as the victory Children's Academy. The Academy's creation will therefore expand educational opportunities for parents and children.

Th^ Academy w^ill also i^iprove students^ opportunities in other w^ys. The Academy model is intended to be replicated in other l^ew^or^ districts, increasing opportunities in those geographies. Also, by helping to mal^etne Charter school l^aw a success, the Academy will help many innovative cha^t^r schools to emerge and will induce non^chartered public schools to create new and improved methods asacompetitive response.

^. ^s^^^a^a^g^^^^a^^^^a^^^^^^^^^a^^^^a^^^ a^^^^^a^^^^s^^^

Cne flaw of many non^chartered public schools is that no staff member is held responsible for poor performance or rewarded for good performance. The Academy will be managed by victory schools, whose executives and advisors have achieved notable success in the performance driven world of business, as well as in education and philanthropy. The Academywilladoptaprivate sector philosophy toward accountability and will employ rigorous evaluations of performance in all aspects of its operations.

^ach individual student's level of achievement will be recorded at the time of matriculation and will be assessed frequently thereafter,according to the explicit and measurable achievement standards set forth in questions ^^, ^Oand^lof this application Ifaparticular teacher is consistently unable to advance his students, that teacher will be given extra training and consultation. If there is still no improvement, an alternate teacher will be hired similarly,ifaschool principal is consistently unable to perform her uL 196 Victory Children's Academy Long Island Charter School

assigned duties, VSI - with the Board's approval - will hire an alternate principal. Finally, if VSI is consistently unable to achieve targeted results, the Academy's Board of Trustees is empowered to end VSI's management contract and hire an alternate school management company. In this way, the Academy's staff will face the same need to perform as every other private sector executive whose customers are free to choose; and the same need to perform as every government official whose constituents are free to vote. The clear beneficiary- of this shift to performance-based management will be the school's children and parents, who will be assured that every member of the Academy's team is competent and properly supervised. On a positive note, superior performers among the Academy's staff will be paid bonuses for superior results. Therefore, good teachers and administrators will be attracted to join the Academy and to put forth full effort. The children will once again be the clear beneficiary of this policy. 197 Victory Children's Academy Long Island Charter School

12. Attach the proposed student admission policy and procedures for the charter school, and include procedures for excess enrollment or targeting a specified student population. The school will be open to all children, on a space-available basis within each grade. The school will not discriminate on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, ethnicity, race, creed, gender, national origin, religion or ancestry. There will be no admissions requirements, and no tests of any sort will be given to determine whether or not admission will be granted, although tests will determine placement. If there are more eligible applicants than available slots, the school will conduct a lottery to determine who will be admitted. The lottery will be open to all, will not rely on computers, and will be easily understood and followed by all observers. All students whose applications were filed by the application deadline will be separated by grade and entered into the lottery. A drawing of names by grade will then be held until all spaces are filled, with preference being given first to siblings of admitted students and then to students in the district where the school resides. Once all spaces are filled, the drawing of names will continue to establish a waiting list. Students will be placed on the waiting list in the order their names are drawn. Students whose applications are received after the deadline will be placed on the waiting list in the order that their applications are received. In each successive school year, students who were enrolled in the Victory Academy the previous year will keep their spaces in the school until they graduate. Children will be allowed to withdraw from the school at any time, upon written request of the child's parent or guardian and • upon evidence of arrangements at an admitting school. Student records will be transferred to the next admitting school promptly upon request. Victory Children's Academy 198 Long Island Charter School

13. State the grade levels of students to be served by the charter school.

The Academy will begin with ten classrooms, which are expected to serve grades K-2. In the very unexpected event that applications received for grades K-2 fill less than ten classrooms, the Academy would expect to create classes for slightly older children, beginning with grade 3 and not to exceed grade 5.

14. State the ages of students to be served by the charter school.

Kindergarten students will be at least 5 years old as of September 1, 1999. Each succeeding grade will be, on average, one year older.

15. Detail the expected initial average daily enrollment of the charter school, in total and by grade.

The expected enrollment by grade, is as follows:

K 4 classrooms 24-25 students each 99 students

1 3 classrooms 24-25 students each 74 students

3 classrooms 24-25 students each 74 students

TOTAL: K-2 10 classrooms 247 students

16. State the expected future enrollment of the charter school, by grade and total, providing a description of any plans to phase-in new enrollment.

The Academy intends to add one grade level per year, to allow its students to continue with the school as they advance. Each additional grade is expected to include 3-4 classrooms, with 75-100 students each. In a decade's time, therefore, the Academy may serve children grades K-12, divided into four "houses": Grades K-3; Grades 4-6; Grades 7-9; and Grades 10-12, each with its own house leader. The Academy may also pursue service to "home school" students and students seeking educational assistance, through outreach field services and the placement of curricula online. 199 Victory Children's Academy Long Island Charter School

17. Attach a proposed school calendar.

• Attachment III-17 School Calendar

• Total number of days of instruction: 180

• Length of school day: Start 8:30 AM Dismissal 4:00 PM Plus optional early child drop-off (7:45-8:30) and elective late pick- up (4:00-6:00)

• Attach a description of periods of instruction (Attachment III-17c)

Victory Children's Academy School Calendar

First dav: September 8

Last Dav: June 23

Holidays (School Closed): September 20, October 11, November 11, November 25-26, December 24-31, January 17, February 21-25, April 20-28, May 29

Snow Davfechool Closed): May 25-26*

Teachers' Conference (School Closed): September 7; November 2

ShoufirarT emergency occur and the 180 days are not met, May 25, 26 and April 28, 27, 26, 25. 24 will be used, in this sequence, in order to comply with state regulations. 1 Victory Children's Academy Long Island Charter School

Periods of Instruction

* Attachment I1I-17-C

7:45- 8:30- 8:45- 10:15- 1 1:00- 11:45- 12:45- 1:45- 2:15- 2:30- 4:00- 8:30 &45_ 10:15 1 1:00 11:45 12:45 • 1:45 2:15 2:30 4:00 6:00 Optional Classes Reading Math (English) Lunch / History/ Teacher's Afternoon "Club- Elective Choice Break/ early ,t organize Language Recess Science house" late •gpack j ,• I drop-ofTA;.«» (Thematic pick-up breakfast £ Curricula) • i

• 1 -)#' 'I

O O ui 201 Victory Children's Academy Long Island Charter School

DESCRIPTION OF PERIODS OF INSTRUCTION

Attachment III-17c

7:45-8:30 Optional earlv drop-off: breakfast: The school doors will be open forty-five minutes early each day to allow parents the option of bringing the children to school earlier. Parents will not be charged a fee for this extra supervision time. A nutritious breakfast will be served to all such students at no charge. 8:30-8:45 Classes organize: Children go to their classrooms to begin the instructional day. 8:45-10:15 Reading: Each classroom in the school studies reading at the same time, employing Direct Instruction methods. A teaching assistant is resident in every classroom to assist the class teacher. The teacher conducts sessions of small group instruction with portions of the class, while the other students pursue independent assignments under supervision of the teaching assistant. 10:15-11:00 Math: All classrooms teach math simultaneously, employing Direct Instruction. There is a teaching assistant in each class. 11:00-11:45 Language: All classes pursue (English) language and spelling studies, employing Direct Instruction. There is a teaching assistant in each class. 11:45-12-45 Lunch /Recess: Children split the hour, thirty minutes for a free lunch and thirty minutes for recess. 12:45-1:45 History/Science: Teachers present Core Knowledge in history- and science, on alternating days. 1:45-2:15 Teachers' Choice: Each teacher is free to choose her own topic for this half hour, which may be a recap of a current lesson, or an entirely new activity of the teacher's selection (such as a new storybook or poem). Topics will be drawn from the Core Knowledge literature and fine arts curriculum, or will be discussed with the school director before presentation to ensure quality. W I 202 Victory Children's Academy Long Island Charter School

2:15-2:30 Afternoon Break/Snack: The formal school day ends. All children are given a nutritious snack at no charge and prepare to go to their "clubhouses" for "after-school play". 2:30-4:00 "Clubhouse": Teachers, aided by teaching assistants, lead their classes in enjoyable thematic curricula, as described in answer 11 (a) of this application. Reading, math, global studies and the arts are emphasized, along with hands-on science and computer work. 4:00-6:00 Elective late pick-up: The school day ends at 4:00, but parents may arrange for supervision of their children until as late as 6:00 PM, thereby allowing a 9:00-5:00 work schedule for Academy parents. In future years, the Academy hopes to organize a music school, student orchestra and homework help program during these hours. A nominal fee may be charged to parents who elect this extra-school time, sufficient to cover the additional operating and personnel costs incurred. UL 203 Victory Children's Academy Long Island Charter School

18. Attach the charter school's student discipline policies, including proposed guidelines for suspension or expulsion of students, and for due process. The Academy will adopt the Model Student Disciplinary Code, as recommended by the New York Charter Resource Center. This basic structure of rules will be applied judiciously by the Academy's principal. Given the young ages of the Academy's student, its use of small group instruction and the very favorable student:adult ratio, the Academy expects that out-of-school suspensions and expulsions will be employed very rarely, if ever. The primary reason for such suspensions and expulsions would be threats to the physical safety of another person. Due process would be given in all cases, as set forth in the Model Code, including prompt notification of the student's parents and a right to a hearing. Decisions of the principal may be appealed to the Board of Trustees and then to the chartering entity. The Model Student Disciplinary Code, as. well as a model Parents' Handbook Communication more suitable for the early childhood grades the Academy will serve, are attached.

19. Attach any dress code policy.

All students will be asked to wear simple uniforms. These will be affordable for all parents, and will permit students to focus their attentions on academics and on those aspects of their personalities that are truly important. Uniforms will be made easily available in local stores. A special fund of $5,000 per year, administered by the Board's designee, will be established to help families who can not afford uniforms with their own resources. w ^ 204 Victory Children's Academy Long Island Charter School

20. Describe plans for food services to be provided or options under consideration. The Academy expects to offer free breakfast, lunch and afternoon snack to all of its students every school day. The Academy will elect to participate in the federal government's School Breakfast Program and the National School Lunch Program. The Academy expects it will be classified as a "severe need" school for purposes of government reimbursement. As the Academy's education management provider, VSI will be responsible for contracting for food service. VSI has identified its expected vendor; a New York based company that provides food service to a number of nearby public school districts in Suffolk and Nassau counties, and which has expressed strong interest in working with the Academy. This company has infrastructure in place to easily service the Academy's needs; is highly experienced in public school food service; and is skilled in menu preparation, the use of United States Department of Agriculture commodity foods and "Offer vs. Service" options to maximize taste and quality. Upon approval of the Academy's charter application, contracts will be concluded with this vendor or with a vendor of equal or better quality.

21. Describe plans for health services to be provided or options under consideration. Children's safety will be the paramount concern of all Academy personnel. Senior staff will be trained in emergency procedures, and files of emergency medical information for each child will be maintained in a readily accessible manner. These emergency files will include multiple back-up phone numbers for parents or guardians; summary of allergies and other medical conditions and dental and physical examination reports, when available. The school will contract for nursing service and will establish working relationships with community police, fire, hospitals and medical clinics. The Academy will comply in full with the provisions regarding the immunization of students, and the school will require that parents and guardians of all students present certificates of immunization on the first day of school. victory Children's Academy ^o^ig^sl^id Charter school

The Academy will be open to all children^ onaspace^a^ailable basis within each graded and will not discriminate on r^ace^ creeds color^gender^ national origin,religion,ancestry^need for special education ser^ices^ intellectual or athletic ability^measures of achievement or aptitudes disability or proficiency in English. The Academy assumes that roughly^O^ of the districts school age populauon^ and therefore roughly^O^ of th^ Academy's student body,will be students with special needs. The school will comply with all regulatory special education requirements, and believes the manner in which it complies will he one more strength of the Academy's program. Children with special needs will enroll into the school with an individualized education program ^1^ already in placed or will be assessed byamuludisciplinary team of consulting specialists retained under contract by the school for this purpose. The school will employafull time special education director on its staff who will be responsible for indi^idua^ case management of all special education ^^^1^1 students. The schools principal ^and the special educauon directors will ma^ee^ery effort to include students with particularly challenging l^^s, and will consult regularly with state and district officials to determine how^ students with severe disabilities can best be served. The Academy holds toaphilosophy of inclusion for all students. Too often, it appears that poor academic performers are "warehoused" in segregated special education classes where they then fall further and further behind. The Academys use ofl^irect Instruction will reliably reduce the requirement for remediation and will sharply lessen inappropriate referrals of students to special education. This highly structured curriculum, built on proven lessons coupled with biweekly formal assessments, also includes detailed intervention procedures for assisting students who are not making adequate progress. ^nder direct Instruction, clear and specific academic ob^ecti^Bes will delineate targeted learning, with students proceeding to subsequent material after attaining master l^ew students will be placed on the basis of competency rather than age, ensuring that all students are challenged at an optimal le^el ^tudents'mistal^es will be corrected promptly so that they may learn from them and advance structured interventions^ including additional opportunities for practice or tutoring,will ensure that students having trouble with the material are helped inatimely manner. The Academy's unique extended day enrichment component will also be highly beneficial to special education children. This thematic curricula UL 206 Victory Children's Academy Long Island Charter School approach is unpressured and feels like play, allowing all children to explore interesting new subjects at their own speed. The friendly, small group environment reintegrates the special education student socially with his own age group. The classroom is transformed into a happy place to be, and teachers are seen as supporters, not adversaries. 207 Victory Children's Academy Long Island Charter School

23. Does the proposed charter school include any methods and strategies for dealing with a population of students at risk of academic failure? Yes. If "yes" attach a description of the targeted student population^ and describe such methods or strategies. The Academy is choosing its school location in order to serve the "at risk" children of Long Island, and it has designed a curriculum model specifically suited for this purpose. The curriculum and its strength for "at risk" children has been described at length in question 11 of this application.

24. Does the proposed charter school include any methods and strategies for dealing with other targeted student populations? The Academy has no methods or strategies for dealing with other targeted student populations at this time. uu 208 Victory Children's Academy Long Island Charter School

25. Attach a description of the student achievement standards for the proposed charter school.

The Academy believes that performance-based management and the use of clear and measurable student achievement standards are fundamental tenets of a successful charter public school. The Academy's student achievement standards will include:

1. The Academy will meet or exceed the twenty-eight learning standards covering seven academic areas for all public school children; as recently adopted by the New York State Board of Regents. These include:

English Language (4 standards)

Social Studies (5 standards)

Mathematics, Science and Technology (7 standards)

Languages Other than English (2 standards)

Health, Physical Education and Home Economics (3 standards)

The Arts (4 standards)

Career Developments and Occupational Studies (4 standards)

2. The Academy will administer all grade-level exams for public school students, as scheduled by the Board of Regents. For the school year 1999-2000, the exam schedule includes:

• 4th Grade: English Language Arts; Math and Science

• 5th Grade: Social Studies

• 8th Grade: English Language Arts; Math; Science; Social Studies; Second Language: plus

• New York Regent ("Commencement Level") Exams

3. The Academy will meet or exceed performance standards set by the State on these tests, or - as a minimum requirement of charter renewal - will exceed performance standards set by Local Education Agency ("LEA") schools with similar populations. UL 209 Victory Children's Academy Long Island Charter School

4. The Academy will establish an academic "baseline" performance level for each child at the time of matriculation, using the Iowa Test of Basic Skills or its equivalent. The Academy's students will be retested each year in order to demonstrate their rate of progress. In order to achieve these four standards, the Academy will supervise and track its progress internally with five additional targets. A. The Academy will meet the Academy's own performance standards set forth in the appendix of this application. The standards, developed by the Modern Red School House organization, are based on the Core Knowledge curriculum previously described. B. At least a majority of the Academy's students will demonstrate their acquisition of fundamental skills in reading, math and language arts through the successful completion of one year's scheduled component of the Direct Instruction Curriculum each academic year. Baseline measurement and frequent assessment are already incorporated as core practices of the Direct Instruction curriculum, with success measurable by the number of lessons mastered in a sequenced achievement ladder. C. Students will achieve increased creativity and problem solving ability as demonstrated by periodic assessment of the child's best work in the thematic curricula, extended day part. D. Students will demonstrate strength of character and concern for others by participation in class-wide civics projects and by good class behavior. E. Students will develop an enjoyment and appreciation of art and music as demonstrated by active participation in the Academy's singing, music and arts programs. Victory Children's Academy Long Island Charter School

26. Detail by grade the proposed charter schools curriculum.

A summary of the Academy's curriculum, by grade, is set forth on the following chart.

Curriculum Summary .... History & Extended Day Grade Reading Math Language Geography Science

Kindergarten Engclmann & Kngrlmann & Engelmann & ED. Hirsch's ED. Hirsch's Various Brimcr's Rrntlinii Carniup s Dislnr Osborn's Distar Core Knowledge Core Knowledge Thematic Mnstrni 1 Arithmetic 1 Language 1 Curricula • Maps ft Globe • Plants • The Continents • Seasons ft. • Native Weather Americans • Animals • Columbus • Human Body i • Pilgrims • Environment • U.S. Presidents • Magnetism • George Carter • Jane Goodall • Wright Bros.

First Engelmann & Engelmann, Engelmann & ED. Hirsch's ED. Hirsch's Various Bruner's Engelmann, Osborn's Distar Core Knowledge Core Knowledge Thematic Reading Mastery Carnine & Language II Curricula • Ice Age • Habitats /and Reading Kelly's • Egypt • Oceans Master II Connecting Math • Mesopotamia • Human Body Concepts A • Maya/Aztecs • Matter • European • Measurement Settlement • Electricity • American • Astronomy Revolution • Scientists • Westward c Expansion r

o Victory Children's Academy Long Island Charter School

Second* Engrlmann fit KngHinanii, Engrlmann fit El) IJirsch's ED. Hirsch's Various Hrunrr's I'Zngrlmaiin. Osborn's Distnr Core Knowledge Core Knowledge Thematic Rending Mnsten/ Carninr fit Language III • Asian • Cycles Curricula II and Reading Kelly's civilization • Insects Master III Connecting Math • Ancient Greece • Cells Concepts B and • U.S. • Magnetism C Constitution • Machines • War or 1812 • Science Bios • Westward Expansion • The Civil War • Civil Rights

As grades 3 - 6 are added, the Academy would continue with these same programs, adopting the scope and sequence already developed by Engelmann and Hirsch for these other grades.

r ro oi 212

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The explanation of the chart is as follows:

Reading. Math, and Language The Academy's students will be taught reading, math, and language skills according to the Direct Instruction curriculum, as detailed by grade on the previous page (e.g. kindergarteners will begin reading with Reading Mastery I). Direct Instruction is a well-known and well-established approach developed by Siegfried Engelmann and distributed through the SRA Division of McGraw- Hill educational publishers. The "scope and sequence" of this curriculum has been designed to a high level of specificity and sophistication by the curriculum's developers and is summarized on the pages attached. Implementation of the Direct Instruction at the Academy will be overseen by implementation specialists from J/P Associates, the nation's leading direct instruction implementation firm which now oversees sixty-six schools in eight states. Jane DeNapoli and Kendra Feinberg , the senior executives of J/P, are members of Victory Schools' Educational Advisory Board. Core Knowledge History and science will be taught according to the grade-by-grade curriculum sequence designed by E.D. Hirsch, Jr. As Hirsch writes:

"Core Knowledge is an attempt to define, in a coherent and sequential way, a body of widely used knowledge taken for granted by competent writers and speakers in the United States. Because this knowledge is taken for granted rather than being explained when it is used, it forms a necessary foundation for the higher-order reading, writing, and thinking skills that children need for academic and vocational success." Summary descriptions and tables of contents for history and science from E.D. Hirsch's books are attached. Students will be taught this material in the grade and sequence, as set forth by Hirsch. Summaries are also included for Core Knowledge's literature and fine arts selections as these are the recommended base material for "Teacher's Choice" period. Thematic Curricula/Extended Dav Enrichment Thematic curricula will be based on general topics (such as "Animals", "Springtime", "All About Me", "My Neighborhood", etc.), which can be used to teach a variety of subjects in a creative and enjoyable way. Victory Schools has extensive experience with this approach, as VSI's Chief Executive previously created the Children's Centers, operating since 1993 at PS 149, PS 174, and PS 306 in East New York (District 19). These centers now serve 460 children, ui 213 Victory Children's Academy Long Island Charter School

grades K-6 each day, with outstanding results to date, and each employs the same thematic curricula approach that will be used for the Academy's extended day part. A recent monthly report from one of the centers is attached to illustrate samples of the types of thematic curricula that may be used. Collections of pre-set standardized theme projects are easily available commercially if needed. The creation of the Academy with a three part Direct Instruction/Core Knowledge/Thematic Curricula design will allow the extended day unit to become even more effective than it has ever been as a "stand alone" project in the East New York context. The Academy intends to coordinate extended day unit lesson plans in order to specifically reinforce the performance goals of the school as a whole. Hands-on science labs will be employed, for example, to reinforce the science lessons of the early afternoon. Similarly, first graders studying Native Americans in the early afternoon will be asked to make Indian headdresses in the extended day, reinforcing the History lesson and also intentionally reinforcing the pattern recognition lessons of the school's mathematics sequence. Thematic curricula will, in general, follow certain design tenets. Each theme unit will emphasize reading and writing as a central part of the lesson. Positive character development, civic responsibility and cultural pride will be frequently taught. And art, music, dance, and song will be widely incorporated. Ui 214 Victory Children's Academy Long Island Charter School

27. Does the educational program or philosophy of this proposed charter school track a model curriculum or design?

Yes. The Academy will implement the Direct Instruction model curriculum for reading, math and (English) language, as previously described. The history and science courses will follow the outline of E.D. Hirsch's "Core Knowledge" program, as well as place an emphasis on traditional biography and character study. The extended day enrichment unit will implement a creative, thematic curricula used in the East New York public school Children Centers previously developed by VSI's senior personnel.

28. If the school serves the 12th grade, attach a description of the requirements for a student to be awarded a diploma. The Academy does not currently expect to have a 12th grade during the five year life of this charter. However, if a 12th grade class is created, students will be required to meet or exceed all the high school graduation standards set by the New York State Board of Regents for public school students at that time.

29. Attach a description of how the charter school will implement state required tests. The Academy will implement all state required tests in a time and manner identical to the non-chartered public schools in the surrounding district. The Principal will be responsible for this implementation. A liaison will be established between the Academy and the State Department of Education - Division of Assessment and Evaluation to insure proper implementation. UL 215 Victory Children's Academy Long Island Charter School

30. Many traditional public schools, private schools, and charter schools supplement state student testing requirements with other standardized performance testing. List which, if any, supplemental student assessments will be required. As previously described in Question 25, the Academy will supplement State student testing with the following other standardized performance tests: 1. The Iowa Test of Basic Skills to develop a "baseline" achievement level for each student upon matriculation, and track individual academic achievement on an annual basis against a national norm, and 2. The baseline achievement testing, frequent progress assessment tests and lesson achievement sequence, as set forth in the Direct Instruction curriculum for reading, math and language. At" such time as the Academy has a fourth grade, the Academy also intends to conduct a fourth grade assessment of its students, which will include released items from the National Assessment of Educational Progress (NAEP) and the Third International Mathematics and Science Study (TIMSS). In mathematics and science this assessment will permit the school to report results in the context of the performance of students in top-scoring countries, as well as in other states and the nation as a whole. In other subject areas, including reading, writing, history and geography, use of released NAEP items will permit reporting in the context of student performance in other states and nationwide. ui 216 Victory Children's Academy Long Island Charter School

31. List any other assessment tools that will be used by the charter school to measure either attainment of these standards or student performance.

Other assessment tools that will be used by the charter and the internally targeted measure of success include:

1. Student attendance:

90% or better.

2. Student re-enrollment rates:

90% or better, excluding children who move outside of the Academy's served geography.

3. Student withdrawal rates:

less than 10% in the first year, excluding children who move outside of the Academy's geography; less than 5% thereafter.

4. Enrollment:

All available classroom spots filled, plus a waiting list equal to at least 10% of school enrollment.

5. Questionnaires to the teachers:

70% of all teachers will agree or strongly agree with the questions: (1) Is the Academy clearly better than nearby non-chartered public schools? (2) Is the Academy's curriculum design fundamentally correct? (3) Is the Academy on track to achieve its academic mission?

6. Questionnaires to parents:

70% or more of all parents classify the Academy's overall performance as "good" or "excellent". 7. Questionnaires to students:

70% or more of all students "agree" or "strongly agree" to the statement: "I would rather attend the Academy than a non-chartered public school." u*.- 217 Victory Children's Academy Long Island Charter School

8. Periodic portfolio assessment of each child's best work in the Thematic Curricula part by a jury of teachers and administrators:

Perceived evidence of creativity, comprehension and skills mastery. 9. Participation in civics projects:

90% of all Academy students will participate in improving their community in practical, concrete ways. victory Children's Academy l^on^ Island Charter school

32. Describe the process the school will follow to promote parental and staff involvement in the ^o^emance and administration of the charter school. Parents will be actively encotira^ed to formaParent-Teachers Association^which will re^tilarly consult with the school's principal. The president of the Parent-Teacher's Association will be appointed to the school's 13oardofTrtistees for the length ofhis or her term. Teachers will consult with the principal on an informal^ colle^ial basis. The Academy will beasmall school whose staffhas coined to pt^rstieasin^le^ well defined mission. Accordin^ly^teacher involvement and communication shotildflownattirally. The ^oard will establishaCrievance Committees to which the Trustees can refer complaints. The Committee's members will consist of parents of st^identsc^irrently enrolled in the Academy and teachers who are currently employed by the Academy. This Committee will review complaints and make nonbindin^ recommendations to the 8oard. u . 219 Victory Children's Academy Long Island Charter School

33. Offer evidence of community support for the proposed charter school, including documentation of sufficient interest by parents and students to meet the school's enrollment targets. There is a high level of dissatisfaction with the quality of the poorly performing public school systems. For example, 28% of all students in Westbury are now enrolled in non-public schools, while only 14.7% of Westbury high school graduates achieved a Regents Diploma in 1995-96". In Hempstead, where per capita income significantly trails the state average, 20% of all students are enrolled in non-public schools; presumably, at great personal sacrifice to the low-income families seeking these better educations. Numerous local leaders, including Bishop E.L. Woodside of First Church of God in Hempstead, and Lebeeb Hameed of the Al-Waffa School in Freeport, have called publicly for charter school locations in this large, economically depressed region. Grassroots parents' groups have begun to assemble in favor of charters in Central Islip, Amityville, Roosevelt and Wyandanch. The Academy's Trustees, such as Commissioner Bob Francis, Reginald Tuggle and Bob McMahon are local leaders of known stature whose involvement with the Academy itself gives clear evidence of the local community's support. Finally, experience proves that there has been strong community demand for the Academy's educational ideas when offered in other disadvantaged New York City neighborhoods. Enrollment at the East New York Children Centers (District 19) began at 60 children in 1993, and a long waiting list formed immediately. Enrollment now stands at 460 children at three schools, and there is still a waiting list. The enrollment at the Children's Center at P.S. 306 grew this year from 60 to 300, all drawn from the population of a single public school. The applicant is confident that there will be demand for the less than 250 admission slots available at the Academy, drawn from the entire population of Long Island and New York State.

Source: New York Education Department Statistical Profile of School Districts. U. 220 Victory Children's Academy Long Island Charter School

34. Attach a description of the programmatic and fiscal impact of the establishment of this charter school on existing public and non-public schools in the community.

The establishment of the Victory Children's Academy will be positive for the existing public and non-public schools in the community.

First, the Academy will further the true mission of all the surrounding public and non-public schools: the Academy will improve the quality of education available to the districts' children today. The many advantages and beneficial innovations of the Academy's model have been described at length elsewhere in this application.

Second, the Academy's creation will act as a catalyst for the good educators within the non-chartered public schools, better empowering them to make needed reforms. The Academy's focus on achieving measurable improvements in academic quality will allow the non-chartered reformers to focus their schools on this as well. Competition, expressed in this constructive way, raises the performance of all participants. Third, success at the Academy will prove that, indeed, every child can learn. The shattering of pessimistic, self-defeating attitudes by the Academy will raise the hopes and performance of all schools.

Fourth, the Academy will pioneer innovative techniques, including Direct Instruction combined with Core Knowledge, extended day thematic curricula and enrichment. The Academy's methods can be freely adopted by the surrounding public and non-public schools, and the Academy will help and encourage this.

Fifth, the local tax base will be strengthened for all the public schools. Taxpayers do not want to pay taxes for schools that produce failing results, nor do taxpayers want to live in districts with bad schools. The creation of better public schools through the charter school process will raise the tax base and increase financial support for the public school system.

Please note that the enrollment of the Academy is very small relative to the enrollment in the districts to be served; less than 250 children at the Academy vs. a population of over 50,000" students in the chosen districts.' Any impact on the infrastructure costs of nearby school districts would be immaterial.

Districts with students enrolled: Hempstead - 6.359; Roosevelt - 2,632; Uniondale- 5.156. Westbury- 3.180; Amityville - 3.099; Brentwood - 13,370; Central Islip - 5,497; Copiague - 4.198; Lmdenhurst - 6.983; Wyandanch - 2,497. 221 Victory Children's Academy Long Island Charter School

35. List the proposed Board of Trustees for the school:

For each Trustee, attach statements of identification and background.

1. Commissioner Robert Francis: Commissioner, Department of Planning and Economic Development, Hempstead; advisor to the state agency overseeing the Roosevelt school district takeover;

2. Reginald Tussle: Director, Office of Community Affairs, Nassau Community College; pastor of Memorial Presbyterian congregation; advisor to the agency overseeing the Roosevelt school district takeover;

3. Steven B. Klinskv: Founder of the Gary Klinsky Children Centers; Trustee, Center for Educational Innovation-Public Education Association; Publications Committee member, Manhattan Institute's City Journal; Trustee, New York City's Economic Development Corporation; Chief Executive, Victory Schools, Inc.*

4. Robert J. McMahon: Executive director of St. Christopher-Ottilie, a child-welfare social services bureau that employs over 1,200 full- and part-time staff, operates in more than 34 locations in Nassau County, Suffolk County, and New York City and has an annual operating budget of over $84 million; chair of Child Care Planning Committee, 1978-1993, of the New York State Council of Voluntary Child Care Agencies; President, North Shore Central District Board of Education.

5. Ron Ostertag: Chief Executive Officer of General Semiconductor, Inc., a New York Stock Exchange-listed company headquartered in central Long Island.

6. President of the Academv PTA

Mr. Klinsky will abstain from all votes regarding Victory Schools. At the request of the chartering authority. Mr. Klinsky will serve on the board in an "ex officio" capacity only. w. 222 Victory Children's Academy Long Island Charter School

36. Describe the school's policy of qualifications for Trustees. Trustees will be individuals of high moral character who are leaders in the Academy's community or in the nation, and who have evidenced sincere concern for the welfare of children and for the improvement of education.

37. State the terms established for each Trustee. Each original Trustee will serve for five year terms. The president of the Academy's Parent-Teachers Association will also sit as a Trustee, serving for the length of his or her tenure as PTA president.

38. Describe the school's method for appointment/election as a Trustee. The Academy's initial trustees are set forth in this founding application. Subsequent vacancies or additions will be filled by nominees put forth by the remaining trustees, and approved by a unanimous vote of the Board. The size of the Board is expected to be expanded, but will in no case exceed fifteen members and will represent a wide range of community interests with no single group or denomination predominating. uu 223 Victory Children's Academy Long Island Charter School

39. Describe the responsibilities and obligations of the school's Board of Trustees. The Board of Trustees, through this application, has defined the school's mission, set its curriculum model, specified its management and financial arrangements and outlined its broad policies. The Board will approve the selection of the School Director by majority vote; monitor VSI's budgeting, regulatory compliance and academic performance; and may discharge VSI if contractually-established performance standards are not met. The Board will receive community complaints, if any, and intends to establish a school Grievance Committee of parents, teachers and administrators to review these complaints on first impression and make nonbinding recommendations to the Board. The Board will then work with VSI to resolve these complaints, as needed. The Board will provide leadership for the project in the community; participate in school development activities and promote awareness of the Academy's new educational opportunities among local families, civic and political leaders and the media. *"• 224

Victory Children's Academy Long Island Charter School

40. Outline the reporting structure of school officials to the Board of Trustees.

The Board will contract out in their entirety, through a management contract negotiated at arms-length, the business operations and implementation of the academic program of the Academy to Victory Schools. VSI will, therefore, be responsible for the daily operations of the Academy, and for the specific performance based management necessary to implement the mission, curriculum and policies which the Board has set forth in this application. The Board will be free to terminate VSI's contract if VSI fails to perform according to specified performance targets, including standardized test results materially better than for surrounding traditional non-chartered public schools by the end of this charter.

VSI will provide all funding required to open the new school; will recruit and nominate the school director for the Board's majority approval; will implement and enhance the academic curriculum described in this application; will receive and disburse funds; and will provide or contract for food services, transportation, building management and other needed services. VSI will provide central services (such as general administration; school supervision; staff training; and curriculum development) at a preset rate per year. VSI will provide all capital needed to start up the Academy and will support the Academy in the case of financial shortfall between the Academy's actual annual revenues and annual budgeted operating cash expenses. VSI will charge a management fee of 7%, which will be deferred without interest if Academy revenues are insufficient.

VSI will submit regular budget and other fiscal reports to the Board of Trustees for review on a quarterly basis. It will report monthly to the Board on academic progress, curriculum development and other performance and strategic issues. The Academy's principal and site manager will each make presentations to the Trustees at regularly scheduled meetings at least four times per year.

Within 90 days of the end of each school year, a comprehensive audit of the revenues and expenditures of the proposed charter school will be conducted in accordance with GAAP principles by a certified public accounting firm selected by the Academy's Board of Trustees. The results of each audit will then be forwarded to the Board, to interested oversight agencies and to outside observers. Uc 225 Victory Children's Academy Long Island Charter School

41. Attach policies and procedures governing access to school records and provision of public documents, in compliance with the Freedom of Information Law. Attachment VII-41 The Academy will fully comply with the "Freedom of Information Law" (FOIL). When the school receives a request for information under the Freedom of Information Law, it will respond in the following manner: 1. Within five business days of receipt of a written request, the Academy will either make the information available to the person requesting it, deny the request in writing, or provide a written acknowledgment of receipt of the request that supplies an approximate date for when the request will be granted or denied. 2. If an individual is denied access to a record, he or she may, within 30 days, appeal such denial to the principal of the Academy or his or her designee. 3. Upon timely receipt of such an appeal, the school will, within 10 business days of the receipt of the appeal, fully explain the reasons for further denial or provide access to the record sought. The Academy also will forward a copy of the appeal, as well as its ultimate determination, to the Committee on Open Government. The Academy may deny access to a requested record for a variety of reasons, including that:

• such access would constitute an unwarranted invasion of personal privacy;

• such records are compiled for law enforcement purposes; and, • such records are inter-agency or intra-agency materials which are not statistical or factual tabulations of data, instructions to staff that affect the public, or a final policy. bi 226

Victory Children's Academy Long Island Charter School

42. Attach proposed policies and procedures for public meetings and executive session of the Board of Trustees and of the school administration, in compliance with the Open Meetings Law. The Academy will fully comply with New York's Open Meeting Law (Public Officers Law §100 et seq.) Provided there is a quorum, every meeting of the School's Board of Trustees held to discuss public business will be open to the general public, including official meetings of Board committees and subcommittees. If a meeting is scheduled at least one week in advance, notice of its time and place will be given to the news media and conspicuously posted in one or more designated public locations at least 72 hours before the meeting. If a meeting is scheduled less than one week in advance, notice of the time and place of the meeting will be given to the news media, to the extent practicable, and will be conspicuously posted in one of more designated locations at a reasonable time before the meeting. Minutes will be taken at all open meetings, and of all formal votes at executive sessions. Minutes of open meetings will be available to the public within two weeks from the date of the meeting. Minutes of an executive session will be available within one week of the executive session. Executive sessions will be conducted only as part of an open meeting. To enter executive session, a motion for executive session must be made during an open meeting; the subject of the meeting must be specifically identified; and the motion to conduct the executive session must be carried by a majority vote of the body's total membership. Topics for an executive session will be limited to those few confidential matters identified in the Open Meeting Law. 227 Victory Children's Academy Long Island Charter School

43. Attach a description of the process by which individuals may bring complaints to the charter school's Board of Trustees. School staff and the School Director will seek to resolve to any individual's complaint to that person's satisfaction promptly, courteously and without the need for Board intervention. However, any individual may submit a written complaint in person, by fax or by mail to the office of the Academy's principal, and the principal will promptly forward that complaint to the Board of Trustees. Alternately, the complaint may be delivered or mailed directly to the offices of the Secretary of the Board of Trustees (c/o Charles King, at Fried Frank), whose address will be published in the Parent's Handbook and other school material. If a complainant is not capable of expressing the complaint in writing, the principal's office shall itself endeavor to draft the oral complaint in writing for distribution to the Board. 228 Victory Children's Academy Long Island Charter School

44. Attach the code of ethics applicable to the trustees, officers and employees of the charter school.

Code of Ethics

» No trustee, officer or employee of the Victory Children's Academy should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his duties in the public interest. • The Board of Trustees, or a board of ethics which it may establish, shall render advisory opinions to trustees, officers and employees with respect to the code of ethics. • Actions by Victory Schools Inc., its officers, directors, subcontractors, agents and employees which are for profit, but which are generally consistent with the academic mission of the Academy or with VSI's management contract with the Academy, shall be permitted. • Any such trustee, officer or employee who shall knowingly and intentionally violate any of the provisions of this code may be suspended or removed from office. 229 Victory Children's Academy Long Island Charter School

45. Outline the organizational reporting structure and managerial control established within the charter school.

The Academy will have two senior officers; a principal and a business site manager.

The Principal/ School Director will be responsible for the enrollment, safety, education and behavior of students; for the hiring, training, promotion and dismissal of teachers; for parent involvement, parent communication and parent satisfaction; and for relations with the community as a whole.

The Site Manager will be responsible for the financial and business affairs of the Academy including: bookkeeping; transportation; food service; custodial and building maintenance; supplies; treasury and audit. Both will be supported and supervised by VSI which will in turn report to the Board of Trustees. A Parent-Teachers Association will advise the Principal on school affairs.

The employment of a full time site manager to handle business affairs will free the Principal to focus exclusively on improving student performance. This is an additional advantage over non-chartered public schools, where a significant amount of principals' time is spent on non-education matters. 230 Victory Children's Academy Long Island Charter School

46. Attach a description of the charter school's personnel policies. Include in this description: (a) hiring and dismissal policies; (b) qualifications for hiring teachers, school administrators, and other employees; and (c) a description of staff responsibilities. Hiring and Dismissal Policies The Victory Children's Academy will seek to employ the best qualified personnel without regard to race, religion, color, creed, national origin, citizenship, age, sex, marital status or disability. It is further this organization's policy to ensure equal opportunity for the advancement of staff members and equal treatment in the areas of upgrading, training, promotion, transfer, layoff and termination. Job candidates will be sought through open advertisements and referrals from respected sources. The following is a list of all positions anticipated for the Children's Academy in its first year:

Position Number of FTE Principal/School Director 1 Site Manager 1 Regular Teachers 10 Special Education Teacher 1 Direct Instruction Assistants 10 (4 hours per day) Enrichment Assistants 10 (2 hours per day) Secretary 1 34

Victory Schools will nominate the School Director to the Board of Trustees for its approval. The School Director will then have chief responsibility for hiring the school's faculty from among the most qualified applicants, based on the qualifications outlined below. Since the school's curriculum will establish specific, measurable goals for student learning in each grade, teacher performance standards will include specific expectations for student progress during the school year as measured through periodic assessments. A poorly performing teacher will be provided every opportunity to improve her or his efficacy in the classroom, in conjunction with mentor teachers, outside consultants and the School Director. But if the failure is not corrected, victory ^nildren^s^cademy ^ong Island charter School the teacher will be dismissed. Similarly,if the School Director or site manager consistently fails to perform, he or she will be dismissed, ^ndif^ictory Schools consistently fails to perform, it will be dismissed. In this regard, the academy will live by the same practical realities as every otrier successful organisation inafree market economy,and will deliverahigher duality of education asaresult.

^he^cademy^s hiring and dismissal policies are set forth in the appendix of this application.

Qualifications for ^irin^;Sta^f^esnonsibilities

^he^cademy^s School Director^l^rincipal will beahighly experienced educator who possesses the following characteristics

^ ^record of leadership and sound management inasimilar educational setting

D Strong interpersonal skills and experience in team^building

^ ^n understanding of the diversity and unique character of the ^cademy^s community

^ ^passion for helping students attain high standards

^ consistently exceptional professional evaluations

D Outstanding references from peers, former colleagues, parents, and members of the school community.

^he School Director will report to ^Sl and will bear chief responsibility for implementing the schools education program; attaining the schools objectives for high student achievement; managing, evaluating, promoting and terminatingschool personnel; creatingaschool culture that is disciplined, orderly and conducive to learning; and nurturingastrong relationship among the academy, the parents, and the community

^he Site manager is expected to be an individual with formal accounting orbusiness training, such asa^.l^.^.or l^.^.^.,withasincere ethical commitment to education; with strong references and relevant work experience, ^he Site manager will be responsible for the day to day business affairs of the school including bookkeeping; record keeping; cash collections and disbursements; building maintenance; food service; transportation and vendor contracting. 232 Victory Children's Academy Long Island Charter School

The Academy and its School Director will shape an exceptional teaching staff, seeking individuals with the following qualities:

A strong undergraduate education

High native intelligence

A passion for helping students attain high standards

High scores on standardized teachers' exams

High grade point averages from high school and college

Consistently exceptional professional evaluations

Teaching awards and other professional honors from parent groups, local businesses, and educational partnerships

Outstanding references from peers, former students, and parents. In no circumstances will uncertified teachers exceed five positions or 30% of the instructional staff, whichever is less.

This teaching staff will be actively supplemented by teaching assistants for every classroom, enabling the Academy's senior teachers to pursue highly personalized, small group instruction. Assistants will be hired for the morning hours of Direct Instruction and, separately, for the afternoon extended day/enrichment hours. The assistants will be individuals of maturity and judgement, with a desire to help children, with excellent class management skills and a helpful, cooperative attitude. Certified teachers, who have left the workforce but seek part-time employment will be particularly favored. Local dancers, artists, actors, computer experts and others with special skills may be particularly suited for the extended day. Fingerprint checks and background reviews will be instituted for §11 Academy staff members, and for any employee who has been absent from the job for six months or more. 233 Victory Children's Academy Long Island Charter School

47. State the planned number of classroom instructors at the charter school, offering detail on the number of such instructors for each classroom, each grade, and total number in the school. In its first year of operation, the Academy will have ten classrooms. Each classroom will have one teacher. There will also be a full time Special Education teacher on staff. In order to enhance teacher effectiveness, regular classroom instructors will be supplemented with two staff members in support; a teacher's assistant for the morning Direct Instruction hours, and a second teacher's assistant for the afternoon enrichment unit. It is expected that three to four new classrooms will be added each year. Each classroom will have one teacher and two teacher assistants, as described above. -

48. Of the total number of instructional staff, describe the number, if any, of teachers expected to be hired without New York State certification, or alternative certification by the Commissioner, and include a description of the credentials for each of such instructional staff. All of the teachers to be hired are expected to have New York State certification. In no circumstances will uncertified teachers exceed five positions or 30% of the instructional staff, whichever is less. uv 234 Victory Children's Academy Long Island Charter School

49. Attach proposed policies and procedures for any collective bargaining between management and staff of the charter school. Include whether (a) the staff is expected to be represented by any organization engaged in collective bargaining, and (b) whether staff will be subject to any existing collective bargaining agreements between the school district and its employees. The collective bargaining status of the faculty will be determined consistent with the State's Taylor Law. Under the charter school law, mandatory representation for instructional employees is not triggered for a charter school with less than 250 students in its initial year of operation.

50. Do you request an exemption from the instructional employee representation requirement?

No.

51. Describe whether any employees of the charter school are expected to be members of a public employee retirement system. The Academy expects that staff members will be able to choose to be members of the Teachers Retirement System or may elect an employer contribution (equal to 4% of salary) toward a 403(b) plan. UT- 235 Victory Children's Academy Long Island Charter School

52. Detail a start-up budget for the charter school.

All necessary start-up funding for the Academy will be provided by Victory Schools. Therefore, the Academy is assured of adequate resources without regard to the specific costs or cost overruns of the start-up budget. The Academy is advised by VSI that the expected start-up budget is as follows: VICTORY ACADEMY - LONG ISLAND CHARTER SCHOOL START-UP BUDGET

Administrative Principal $15,000 2 months based on $90,000 salary Site Manager 8,333 2 months based on $50,000 salary Secretary 5,000 2 months based on $30,000 salary Taxes 2,550 at 9% of salaries Benefits Health/Dental 2,250 2 months at $4,500 per person per year Retirement 1,133 2 months at 4% of salary Staff Development 23,000 Direct instruction and senior administrator training $57,266 236 Victory Children's Academy Long Island Charter School

Supplies

Computers and printers $26,000 13 @ $2,000 each Classroom equipment 50,000 $200 per student Office equipment 10,000 Office supplies 2,000 for 2 months $88,000

Contractual

Accounting/ Finance $1,000 Consultation Assessment consultant 3,000 Legal 1,000 Start-up Special needs students 15,000 Consultant to develop CSE/IEP policies $20,000

Facility/Capital

Equipment $5,000 Capital preparation and — fix-up Playground equipment 15,000 Rent deposit 25,000 $46,000 237 Victory Children's Academy Long Island Charter School

Operations

Marketing $20,000 Phone/Intercom system 3,000 Postage 2,000 Printing/ Copying 2,000 $27,000

Central Services $50,000 TOTAL START-UP $288,266 238 Victory Children's Academy Long Island Charter School

53. Document the availability of start-up capital, and the proposed use for such funds.

Victory Schools, pursuant to its contract as school manager, will provide all start-up capital required. At the request of the chartering authority, VSI will establish a $ 1 million central fund backed by cash or irrevocable bank guarantees to insure fulfillment of its financial commitments to the charter schools it supports. The proposed use for start-up capital is the execution of the pro forma budget, as described in Questions 52, 54 and 55 of this application.

54. Detail the charter school's proposed annual budget.

Attachment IX-54

The proposed budget for its first year of operation, by quarters commencing September 1, 1999, is set forth below: Victory Children's Academy Long Island Charter School

Attachment IX 54

VICTORY CHILDREN'S ACADEMY - LONG ISLAND CHARTER SCHOOL

Enrollment -- 247

REVENUE l»t Quarter 2nd Quarter 3rd Quarter 4th Quarter Total State/local/federal per pupil aid $444,000 $444,000 $444,000 $444,000 $1,776,000 ($8,000 x 222)

Special Ed per pupil aid 100,000 100,000 100,000 100,000 400,000 ($16,000 x 25) Federal Grants

State Grants

Food revenue/subsidies 123,750 123,750 ($2.75 per day, approximately) Private donations/Other 25,000 25,000

TOTAL REVENUE $667.750 $544.000 $544.000 $569.000 $2.324.750

c

ro CO CD Victory Children's Academy Long Island Charter School

EXPENDITURES

SALARIES l«l Quarter 2nd Quarter 3rd Quarter 4th Quarter Total

Principal $22,500 $22,500 $22,500 $22,500 $90,000

Site Manager 12,500 12,500 12,500 12,500 50,000

Secretary 7,500 7,500 7,500 7,500 30,000

Classroom Teachers" 125,000 125,000 125,000 125,000 500,000 10 ( $50,000 average Special Ed. Teacher" 12,500 12,500 12,500 12,500 50,000 1

Taxes (9%) 16,200 16,200 16,200 16,200 64,800

TOTAL SALARIES $m6,2QQ $196,200 $196.200 $196.200 $784.800

Budget expenses should be understood as "up to ...$X". The Academy will acquire budgeted quality for a lower price, when possible. For example, the Academy expects to pay teachers approximately equal to the experience/salary scale of the local Long C Island systems, which is in many cases substantially below $50,000. r Includes cost of substitutes. ro o Victory Children's Academy Long Island Charter School

BENEFITS 1»« Quarter 2nd Quarter 3rd Quarter 4th Quarter Total

Health/Dental $15,750 $15,750 $15,750 $15,750 $63,000 ($4,500 per staff member)

Retirement 7,200 7,200 7,200 7,200 28,800 (4% of wages)

$22,950 $22,95Q $22^950 $22.950 $91.800

2 Victory Children's Academy Long Island Charter School

st nd rd th SUPPLIES 1 Quarter 2 Quarter 3 Quarter 4 Quarter Total

Classroom $12,500 $12,500 $25,000 ($100 per pupil, approximately)

Office 3,000 3,000 3,000 3,000 12,000 ($1,000 per month)

Texts and Materials 45,000 45,000 90,000 (including software)

Uniforms 5,000 5,000

TOTAL SUPPLIES $£5*5QQ $3.000 $60.500 $3.000 $132.000

c r ro ro Victory Children's Academy Long Island Charter School

nd rd CONTRACTUAL l»t Quarter 2 Quarter 3 Quarter 4th Quarter Total

Accounting and Audit $2,500 $2,500 $7,500 $2,500 $15,000

Cafeteria/Food 41,250 4 1,250 41,250 123,750

Equipment Lease/Service 2,500 2,500 2,500 2,500 10,000

Internet 900 900 900 900 3,600 15 (W>$20 per month

Insurance 20,000 20,000 40,000

Nursing Service ' 5,000 5,000 5,000 5,000 20,000

Student Testing (@ $30 per student) 7,410 — 7,410

Transportation* — — ____

TOTAL CONTRACTS $79,560 $49,900 $77,150 $10,900 $219,760

C r Provided by the home district without charge. Victory Children's Academy Long Island Charter School

nd rd th OPERATIONS l«i Quarter 2 Quarter 3 Quarter 4 Quarter Total

Field Trips $3,333 $3,333 $3,333 $10,000 ($40 per pupil)

Phone 600 600 600 600 2,400

Postage 750 750 750 750 3,000

Printing/Copying 1,250 1,250 1,250 1,250 5,000

Misc. Cost Overruns 12,500 12,500 12,500 12,500 50,000

TOTAL OPERATIONS $1M3J $18.433 $18.433 $18.433 $70.400

c c to 0^ Victory Children's Academy Long Island Charter School

SPECIAL ED. SERVICES 1"t Quarter 2nd Quarter 3^ Quarter 4*" Quarter Total

Therapists and Services $34,750 $34,750 $34,750 $34,750 $139,000*

TOTAL SPECIAL ED SERVICES $34,750 $34,750 $34.750 $34.750 $139.000

The Academy expects to make no marginal profit or loss on special education students; extra reimbursement and extra costs C are a "wash". This consulting figure is calculated as the additional special education capitation received, less special education r costs (i.e. the Special Ed teacher) shown elsewhere on this budget. en Victory Children's Academy Long Island Charter School

at nd rd th TEACHERS' ASSISTANTS l Quarter 2 Quarter 3 Quarter 4 Quarter Total

Direct Instruction Aides $29,600 $29,600 $29,600 $88,800 10 aides (a 185 days x 4 hours x $ 12 per hour

Enrichment Aides 14,800 14,800 14,800 44,400 10 aides (n 185 days x 2 hours x $ 12

Taxes ((a* 9%) 3,996 3,996 3,996 11,988

TOTAL ASSISTANTS $48,326 $45*326 $48.396 $145.188

c Victory Children's Academy Long Island Charter School

nd rd th FACILITY I" Quarter 2 Quarter 3 Quarter 4 Quarter Total

Rent and Upkeep* $90,000 $90,000 $90,000 $30,000 $300,000

TOTAL FACILITY COSTS $90,000 $90,000 $90,000 $30.000 $300.000

Includes utilities, building insurance and maintenance, custodial and security - ten months per year, $30,000 per month. Victory Children's Academy Long Island Charter School

st nd rd th CENTRAL SERVICES 1 Quarter 2 Quarter 3 Quarter 4 Quarter Total

Curriculum Development $12,000 $12,000 $12,000 $12,000 $48,000

Staff Development/Supervision 39,225 39,225 39,225 39,225 156,900

Legal Services 9,150 9,150 9,150 9,150 36,600

General and Administrative 26,750 26,750 26,750 26,750 107,000

TOTAL CENTRAL SERVICES $87,425 $87.125 $87.125 $87.125 $348.500*

"Central Services" are charged by VSI as a single preset rate of 15% of Academy revenue. Line items within central services are shown here for illustrative purposes only. Victory Children's Academy Long Island Charter School

1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total

MANAGEMENT FEE ((S> 7% of $40,683 $40,683 $40.683 $40.683 $162.732 revenue)

OPERATING SURPLUS/(DEFICIT) ($69.4301

Plus: Management Fee and Central $69.430 Service Charge Deferred

TOTAL SURPLUS (DEFICIT) $Q

CD Victory Children's Academy Long Island Charter School

55. Provide a five-year financial plan for the charter school.

The five-year financial plan of the Victory Children's Academy - Long Island Charter School is attached.

FIVE YEAR PLAN

REVENUE Year 1 Year 2 Year 3 Year 4 Year 5

On Site Enrollment 247 325 400 475 550

State/local capitation 1,776,000 2,406,080 3,055,320 3,732,834 4,456,980

Special Ed capitation 400,000 543,840 678,960 839,232 990,440

Food subsidies 123,750 165,555 210,240 256,500 292,950

All other 25,000 25,000 25,000 25,000 25,000

TOTAL REVENUE $2,324,250 $3Um4Z5 $3^26J^2Q $4.853.566 $5.765.370

ro en o Victory Children's Academy Long Island Charter School

SALARIES Year 1 Year 2 Year 3 Year 4 YearS

Principal $90,000 $94,500 $99,225 $104,186 $109,396

Site Manager 50,000 52,500 55,125 57,881 60,775

Secretary 30,000 31,500 33,075 34,729 36,465

Assistant Site Manager 25,000 30,000

Classroom Teachers 500,000 682,500 882,000 1,099,739 1,337,050

Special Ed Teacher(s) 50,000 52,500 55,125 115,762 121,550

Taxes (9%) 64,800 82,215 101,209 129,356 152,571

TOTAL SALARIES $Z8JL_8QQ $225,115 $L22£J22 $1*566,65* $L84J,&Q%

en Victory Children's Academy Long Island Charter School

BENEFITS Year 1 Year 2 Year 3 Year 4 Year 5

Health/Dental $63,000 $84,150 $108,900 $149,725 $184,464

Retirement 28,800 36,540 44,982 57,492 67,809 (4% of salaries)

TOTAL BENEFITS $91,800 $120,690 $153,882 $2QZ*21g $252.273

to Victory Children's Academy Long Island Charter School

SUPPLIES Year 1 Year 2 Year 3 Year 4 Year 5

Classroom $25,000 $33,475 $42,400 $51,775 $62,150

Office 12,000 13,200 14,520 15,972 17,569

Texts and Materials 90.000 100,000 110,000 120,000 130,000

Uniforms 5,000 5,000 7,000 8,000 9,000

TOTAL SUPPLIES $mQA9 $I5&£Z5 $173.920 $195.747 $218.719

c Victory Children's Academy Long Island Charter School

CONTRACTUAL Year 1 Year 2 Year 3 Year 4 Year 5

Accounting and Audit $15,000 $20,000 $25,000 $30,000 $35,000

Cafeteria/Food 123,750 165,555 210,240 256,500 292,950

Equipment Lease/Service 10,000 12,500 15,000 17,500 20,000

Internet 3,600 4,000 4,400 4,800 5,200

Insurance and Nursing 60,000 82,500 105,000 127,500 150,000

Student Testing 7,400 9,750 12,000 14,250 16,500

Transportation'

TOTAL CONTRACTUAL $2J2,7£Q I29JL3QJ $371.640 $450.550 $519.650

Provided without cost by home district. Victory Children's Academy Long Island Charter School

OPERATIONS Year 1 Year 2 Year 3 Year 4 Year 5

Field Trips $10,000 $12,500 $15,000 $17,500 $20,000

Phone 2,400 3,000 3,600 4,200 4,800

Postage 3,000 3,750 4,500 5,250 6,000

Printing/Copying 5,000 6,250 7,500 8,750 10,000

Miscellaneous/Overruns 50,000 62,500 75,000 87,500 100,000

TOTAL OPERATIONS $7-Q,4QQ $mmQ simmoQ $123,200 $msoo

en Victory Children's Academy Long Island Charter School

SPECIAL ED SERVICES Year 1 Year 2 Year 3 Year 4 YearS

Total Special Ed. Services * $139,000 $207,020 $2J 1,739 $227,37.4 $345.852

TEACHERS' ASSISTANTS Year 1 Year 2 Year 3 Year 4 Year 5

Direct Instruction Assistants $88,800 $121,212 $156,643 $195,293 $237,525

Enrichment Aides 44,400 60,606 78,322 97,647 118,762

Taxes (@ 9%) 11,988 16,364 21,147 26,365 32,066

TOTAL ASSISTANTS $j4§4aa $md32 $2miy $mao§ $388.353

Leaves no profit or loss on special ed. reimbursement. en Victory Children's Academy Long Island Charter School

FACILITY Year 1 Year 2 Year 3 Year 4 Year 5

Rent and Upkeep $300,000 $390,000 $480,000 $570,000 $660,000

TOTAL FACILITY COSTS $300,000 $390,000 $480,0,00 $570,000 $660^000

CENTRAL SERVICES Year 1 Year 2 Year 3 Year 4 YearS

TOTAL CENTRAL SERVICES* $348,50Q $4J1J2SQ $59_5r400 $728.000 $864,805

Charged at 15% of revenues. en ^

Victory Children's Academy Long Island Charter School

Year i Year 2 Year 3 Year 4 Year 5

Management Fee $162,732 $219,833 $277,866 $339,750 $403,576 (i/1 7% of Revenue

Operating Surplus (Deficit) (69,430) 2,455 57,602 75,770 123,535

Plus: Management Fee 69,430 (2,455) (57,602) (9,373) Deferred (Recouped)

TOTAL SURPLUS (DEFICIT) $0 $_Q $=Q $ 66,397 $ 189.932

en