STATE UNIVERSITY OF NEW YORK COMMITTEE RESOLUTION M E M O R A N D U M March 28, 2012 To: Members of the Education, College Readiness and Success Committee From: Kenneth P. O’Brien, Chair, Education, College Readiness and Success Committee Subject: Revision of the Charter of Explore Exceed Charter School (Brooklyn) Action Requested: The proposed resolution authorizes a revision of the charter of Explore Exceed Charter School granting a waiver of the New York Charter Schools Act provision deeming all charter school employees to be automatically represented by the same employee organizations that represent like employees in the school district where the charter school is located if its enrollment exceeds 250 students in the first two years of operation. Resolution: I recommend that the Education, College Readiness and Success Committee adopt the following resolution: Resolved that a proposed revision to the charter of Explore Exceed Charter School (the “School”), to be located in Brooklyn, granting the School a waiver pursuant to New York Education Law subdivision 2854(3)(b-1)(i) to allow the School’s employees to not be deemed represented by the same employee orgainizations that represent like New York City School District employees if the School enrolls more than 250 students any time during the first two years of operation (the “Proposed Change in Program”), be, and hereby is, approved; and, be it further Resolved that the Education, College Readiness and Success Committee finds: 1) the Proposed Change in Program meets the requirements of Article 56 of the Education Law (and all other applicable laws, rules and regulations); 2) approval of the Proposed Change in Program (together with the other terms of the School’s charter) would permit the School to operate in an educationally and fiscally sound manner; and 3) approval of the Proposed Change in Program is likely to improve student learning and achievement and materially further the objectives of the Charter Schools Act; and, be it further Resolved that the Charter Schools Institute, be, and hereby is, directed to enter into a proposed revision to the School’s charter, such proposed revision to incorporate the terms of the Proposed Change in Program and such assurances and terms as the Charter Schools Institute shall deem necessary and appropriate, and, thereafter to submit such revision to the Board of Regents for its review, comment and potential approval. Background: Pursuant to Resolution No. 2010-117 dated September 15, 2010, the Board of Trustees delegated authority to revise charters to the Education, College Readiness and Success Committee. The Institute determined that the changes set forth in this resolution require a revision of the school’s charter pursuant to Education Law subdivision 2852(7), which must be approved by the Board of Trustees in its capacity as a “charter entity” under the Charter Schools Act (the “Act”). Pursuant to Education Law subdivision 2857(1), the Charter Schools Institute (the “Institute”) notified the school district of location of the charter school regarding the receipt of an application for a charter revision (copy on file in the Albany Office of the Institute). As of March 9, 2012, the Board of Trustees did not receive any comments in response. Explore Exceed Charter School (the “School”) originally intended to be a “turnaround” school to replace a low-achieving or otherwise failing district school that was being phased-out or closed by the New York City Department of Education (“NYCDOE”). Because no district school was being closed or phased-out at the time the School was chartered,and the timing of the charter application process in the Act does not align with district processes and/or determinations about closure or phase out,the Board of Trustees granted a charter with the understanding that if a particular turnaround site was identified a waiver might be needed. (See the Institute’s Summary of Findings and Recommendations dated June 5, 2011 and available at www.newyorkcharters.org.) The School continued to work closely with the NYCDOE, expressing its interest in serving as a “turnaround” school. When the NYCDOE announced that it would close P.S. 22 due to low academic performance, the NYCDOE slated the School and a new NYCDOE elementary school to replace P.S. 22. As anticipated at the time the School’s application was approved, as a result of this phase-out/turnaround plan, the School’s planned enrollment projections would require, pursuant to Education Law § 2854(3)(b-1), that “all employees of the school who are eligible for representation under article fourteen of the civil service law [the Taylor Law] shall be deemed to be represented in a separate negotiating unit at the charter school by the same employee organization, if any, that represents like employees in the school district in which such charter school is located.” The school has expressed and demonstrated that the cost of the collective bargaining agreements (for all employees of the school) to which it may be subject would be prohibitively high and alter the planned school design, and therefore seeks a waiver from the Board of Trustees. The Act permits the Board of Trustees to grant up to ten waivers. To date the Board of Trustees has granted 7 waivers. The proposed action does not prevent the charter school employees from otherwise organizing as permitted by state law. The Institute reviewed the academic program elements (including enrollment projections, curriculum and staffing) and policies that would be affected by the School’s requested charter revision and found them satisfactory. The Institute also reviewed the proposed revision from the legal and fiscal perspectives and finds it suitable under the Act and applicable law. Given the community in Brooklyn the School would serve, and its need for quality educational options, the Institute finds the use of a waiver to be appropriate. Therefore, the Institute recommends that the Education, College Readiness and Success Committee approve the requested revision.