STATE UNIVERSITY OF NEW YORK Minutes of Meetings of the Executive Committee of Board of Trustees of State University of New York October 27, 2010 (Subject-to-Correction) The Executive Committee of the Board of Trustees of State University of New York met on October 27, 2010 at 10:30 am in the12th Floor Board Room, State University College of Optometry, 33 West 42nd Street, New York, New York, pursuant to calls sent by the Office of the Secretary of the University on October 13, 2010 and October 25, 2010. October 27, 2010 10:30 a.m. Executive Committee Member present: Mr. Spielvogel Executive Committee Member present via video in North Carolina: Mr. Hayden, Chairman Executive Committee Member present via video in Albany: Ms. Gondar Executive Committee Member present via video in Syracuse: Mr. Murad Executive Committee Member present via video in Stony Brook: Mr. Staller Executive Committee Members absent: Mr. McCall, Ms. Warren-Merrick Other Trustee Present via video in NYC: Dr. Noguera Other Trustee Present via video in Brockport: Dr. O�Brien Other Trustee Present via video in Buffalo: Mrs. Lewin Also present: Mr. O�Connor, Ms. Rimai October 27, 2010 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 10:41 a.m. on October 27, 2010 which was held in the12th Floor Board Room, State University College of Optometry, 33 West 42nd Street, New York, New York. Mr. Hayden declared a quorum was present and expressed his deep appreciation to the members for attending this meeting. Mr. Hayden said that there are two Charter School items of business and the timing of this meeting is driven by requirements of the statute which obliges the Board to act before November 1, 2010. The Chairman called upon Trustee Noguera, who then asked Jonas Chartock, Executive Director of the Charter Institute, to begin the presentation of the items. Mr. Chartock stated that the two items are recommendations from the Education, College Readiness and Success Committee and pertain to the establishment of two new charter schools the Bronx Success Academy Charter School 3 and the Success Academy Charter School. Mr. Chartock went on to say that there were additional comments from the public which very much paralleled comments that the members received. Mr. Chartock noted that the comments have been posted on the SUNY website, and noted that to date, no comments were received from the New York City Schools Chancellor. Dr. Noguera stated that most of the communications and controversy received concerned the Success Academy Charter School and not the Bronx Success Academy Charter School 3. He said that we do not have control over the decision of where these schools will be located, which is becoming increasingly a polarizing issue in New York City and that we need a way of engaging in conversation with the New York City Department of Education about this issue. Mr. Chartock stated that we have ongoing discussions with the New York State Department of Education and should the school be approved, we will take a number of supplemental steps leading to the site decision making process. Mr. Chartock and Mr. Rossi went on to explain the process. After the process was explained, Dr. Noguera stated that there is an opportunity for public hearings and for redress and that those members of the community who object to where the school be located will have ample opportunity to voice those concerns. He also said that they have met with the proposed board members and others involved with the school and presented a very coherent and laudable plan and the Committee was inclined to recommend approval. Approval of Proposal to Establish the Bronx Success Academy Charter School 3 (Bronx) Upon motion of Mr. Spielvogel, seconded by Ms. Gondar, the following resolution was unanimously adopted: Whereas the Charter Schools Institute (the �Institute�), acting on behalf of the Board of Trustees and in accordance with the New York Charter Schools Act of 1998 (as amended, the �Act�), issued a request for proposals (�RFP�) to establish new charter schools on August 2, 2010, in response to which the Bronx Success Academy Charter School 3, to be located in the Bronx, submitted a proposal that the Institute reviewed, scored and ranked, and recommends for approval (the �Recommended Proposal�) as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Senior Vice Chancellor and Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Proposal rigorously demonstrates that the Proposal has met the following criteria: (1) the proposed charter school would meet or exceed enrollment and retention targets, to be prescribed by the Board of Trustees, of students with disabilities, English language learners, and students who are eligible applicants for the federal free and reduced price lunch program; and (2) that the applicant has conducted public outreach, in conformity with a thorough and meaningful public review process prescribed by the Board of Trustees, to solicit community input regarding the proposed charter school and to address comments received from the impacted community concerning the educational and programmatic needs of students; and, be it further Resolved that the Board of Trustees has granted priority to the Recommended Proposal based on a scoring rubric that best demonstrates how proposed schools will achieve the objectives set forth in Education Law subdivision 2852(9-a)(c); and, be it further Resolved that the Recommended Proposal and the school described therein meet the requirements of the Act (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Proposal and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Proposal is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Proposal be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: (1) enter into a proposed charter with the applicant of the Recommended Proposal, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and (2) thereafter to submit such proposed charter no later than November 1, 2010, as required by the Act, to the Board of Regents for issuance by the Board of Regents on or before December 31, 2010. (2010-141) Dr. Noguera stated that the Education, College Readiness and Success Committee met with the individuals involved in the proposal for the establishment of the Success Academy Charter School and like the previous school, the Committee felt that the plan was coherent. He said that the plan addresses many of the concerns particularly related to the services for students with special needs and English language learners, and the Committee felt confident that this will be an academically strong school that will make a contribution to the city and State of New York. Approval of Proposal to Establish the Success Academy Charter School (Manhattan) Upon motion of Mr. Hunt, seconded by Ms. Gondar, the following resolution was unanimously adopted: Whereas the Charter Schools Institute (the �Institute�), acting on behalf of the Board of Trustees and in accordance with the New York Charter Schools Act of 1998 (as amended, the �Act�), issued a request for proposals (�RFP�) to establish new charter schools on August 2, 2010, in response to which the Success Academy Charter School, to be located in Manhattan, submitted a proposal that the Institute reviewed, scored and ranked, and recommends for approval (the �Recommended Proposal�) as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Senior Vice Chancellor and Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Proposal rigorously demonstrates that the Proposal has met the following criteria: (1) the proposed charter school would meet or exceed enrollment and retention targets, to be prescribed by the Board of Trustees, of students with disabilities, English language learners, and students who are eligible applicants for the federal free and reduced price lunch program; and (2) that the applicant has conducted public outreach, in conformity with a thorough and meaningful public review process prescribed by the Board of Trustees, to solicit community input regarding the proposed charter school and to address comments received from the impacted community concerning the educational and programmatic needs of students; and, be it further Resolved that the Board of Trustees has granted priority to the Recommended Proposal based on a scoring rubric that best demonstrates how proposed schools will achieve the objectives set forth in Education Law subdivision 2852(9-a)(c); and, be it further Resolved that the Recommended Proposal and the school described therein meet the requirements of the Act (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Proposal and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Proposal is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Proposal be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: (1) enter into a proposed charter with the applicant of the Recommended Proposal, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and (2) thereafter to submit such proposed charter no later than November 1, 2010, as required by the Act, to the Board of Regents for issuance by the Board of Regents on or before December 31, 2010. (2010-142) The Committee had a discussion regarding the Draft Request for Applications to Restructure a SUNY Authorized Charter school (RFA) which was drafted by the Charter Schools Institute. The RFA was sent to the Education, College Readiness and Success Committee for consideration and feedback, and the intent is to bring a final document back to the Committee to be voted upon at the meeting in November. Mr. Hayden congratulated Jonas Chartock and his colleagues on receiving the Improving Practice Award from the National Association of Charter Schools Authorizer. 2. ADJOURNMENT There being no further business, upon motion of Ms. Gondar, seconded by Mr. Murad, the Public meeting was adjourned at 11:09 a.m. 18 -6- Executive Committee Minutes October 27, 2010