REVISED

M E M O R A N D U M

									June 12, 2012


To:		Members of the Board of Trustees

From:		Nancy L. Zimpher, Chancellor

Subject:	Charter Schools Delegation


Summary of Action Requested

	The proposed resolution (1) re-establishes a Charter Schools Committee of the Board of Trustees of the State University, (2) delegates certain charter entity functions to the Committee, and (3) delegates to the chief administrative officer of the SUNY Charter Schools Institute certain other charter entity functions, including all day-to-day functions.

Background

	The Board of Trustees of the State University (the “Board of Trustees”) is charged with several tasks as a designated “charter entity” or authorizer of charter schools under the New York Charter Schools Act of 1998 (as amended, the “Charter Schools Act”) (Education Law § 2850 et seq.).  From 1999 to 2010, the Board of Trustees established and maintained both a Charter Schools Committee and the SUNY Charter Schools Institute (the “Institute”) to handle charter school oversight required by the Charter Schools Act and to assist the Board in executing other required functions.  By Resolution 2010-117, adopted September 15, 2010, the Board of Trustees established the Education, College Readiness and Success Committee, assigned to it the charter school duties previously performed by the Charter Schools Committee and delegated broader authority to it in an effort to more efficiently handle both the duties associated with overseeing an increased number of charter schools and the relatively new SUNY P-20 Pipeline initiatives.  





Amendments to the Act in 2010 increased the number of charter schools that SUNY may authorize, broadened the authority of charter school education corporations, and expanded the required monitoring of charter schools by SUNY and other charter entities.

	The recommended resolution delegates to a reconstituted Charter Schools Committee and the Institute the statutory duties and responsibilities of SUNY as a charter school authorizer.  The Act details numerous functions that are attendant on SUNY’s legal status as an authorizer and regulator and that must be performed on a schedule that does not necessarily align with the Board of Trustees’ meeting schedule.  This resolution continues the authority of the Institute to handle the majority of charter school authorization and oversight matters, reserving to the Charter Schools Committee major actions and policies that are more appropriate for direct Board level decision.  The delegations will provide the Board of Trustees flexibility in carrying out its statutory duties while maintaining accountability and transparency in its authorizing practice.

Resolution  

      I recommend that the Board of Trustees adopt the following resolution:

	Whereas the Charter Schools Act vests the Board of Trustees with responsibilities as a charter entity, particularly with respect to the establishment, oversight and termination of charter schools, and the Board desires to undertake such responsibilities in an efficient manner; now, therefore, be it 

	Resolved that the Board of Trustees hereby re-establishes a Charter Schools Committee of the Board, and delegates to the Committee the following functions and responsibilities set forth in the Charter Schools Act:

1) the approval, denial or abandonment of the following:

a) an application to establish a charter school education corporation;

b) an application by a charter school education corporation for authority to operate an additional school or site as defined in the Charter Schools Act;

c) an application to renew the charter of a charter school education corporation;

d) an application by a charter school education corporation to renew the authority to operate a particular a charter school or site;

e) an application for a charter revision to merge or consolidate charter school education corporations; or for the addition of new elementary, middle or high school programs; and 

f) an application to extend a charter for a period of greater than two school years for schools that did not open opting instead to take one or more planning years prior to operation;
including the resubmission of any of the foregoing to the Board of Regents with or without modification, if applicable, and the consideration of any school district comments in connection therewith;

2) the closure of all of the schools operated by a charter school education corporation and the approval of any renewal or revision application to replace the education corporation’s educational programs;

3) the placement on probation of a charter school education corporation;

4) the involuntary termination or revocation of an education corporation’s charter or its authority to operate a particular school or site; 

5) the approval or denial of applications for federal and State charter school grants; and

6) the promulgation and revision of policy related to the authorizing and oversight of charter schools authorized by the Board of Trustees; provided, however, that the Board, on its own initiative or on request of its Charter Schools Committee, may take up any matter delegated by this resolution to the Charter Schools Committee; and, be it further

	Resolved that there shall be continued a SUNY Charter Schools Institute as an administrative unit of SUNY, subject to the authority of the Chancellor and her designees, and that the Board of Trustees delegates to the chief administrative officer thereof the authority to:

1) approve or deny charter revisions not requiring Charter Schools Committee approval; and

2) approve or deny approve charter extensions of up to two years for schools that did not open opting instead to take one or more planning years prior to operation; 

including the resubmission thereof to the Board of Regents with or without modification, if applicable, and the consideration of any school district comments in connection therewith; and 

3) take all other actions not delegated to the Charter Schools Committee as set forth above with respect to the Board of Trustees’ statutory authority as a charter entity under the Charter Schools Act; 

provided, however, that the Board of Trustees, or the Charter Schools Committee, on their own initiative or on request of the Institute as applicable, may take up any matter delegated by this resolution to the Institute; and, be it further

Resolved that Resolution 2010-117 be, and hereby is, repealed; and, be it further

Resolved that the Institute shall continue to have authority to facilitate the performance of day to day obligations of the Board of Trustees pursuant to the Charter Schools Act. 


Board Resolution	-4-	June 12, 2012