M E M O R A N D U M

							March 22, 2011

To:	Members of the Board of Trustees

From:	Pedro A. Noguera, Chair, Education, College Readiness and
Success Committee

Subject:	Approval of the Renewal and Restructuring of the Charter of Harlem Day Charter School as Harlem Prep Charter School (Manhattan)

Action Requested

      The proposed resolution authorizes the restructuring and renewal for five years of the charter of the Harlem Day Charter School to allow it to operate as the “Harlem Prep Charter School” with new governance, leadership and programs.

Resolution

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

Resolved that in accordance with the Request for Applications to Restructure a SUNY Authorized Charter School (the “RFA”), which was approved by the Education, College Readiness and Success Committee on November 17, 2010, the charter renewal application of the Harlem Day Charter School (the “School”), located in Manhattan, be, and hereby is, approved for a full-term of five years commencing with the expiration of the current charter subject to the following terms and conditions:

* all of the trustees of the School shall resign and elect in their place and stead the trustees set forth in the Renewal Application;
* the leadership of the School shall be changed in accordance with the RFA;
* the school name shall be changed to “Harlem Prep Charter School;” and  

* notwithstanding the Practices, Policies and Procedures for the Renewal of Charter Schools Authorized by the Board of Trustees of the State University of New York (the “SUNY Renewal Practices”) (available in the Albany office of the Charter Schools Institute (the “Institute”)), at the end of the renewal charter term, the School shall be treated for purposes of renewal as a school in its first charter term;
              
      and be it further
      
Resolved that: 1) the School as described in its renewal application meets the requirements of the Charter Schools Act (as amended) and applicable laws, rules and regulations; 2) the School can demonstrate the ability to operate in an educationally and fiscally sound manner; and 3) approving the renewal application and renewing the charter 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 Institute, acting for the Board of Trustees, be, and hereby is, directed to: 1) enter into a proposed renewal charter with the School in accordance with this Resolution, which proposed charter shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit the proposed renewal charter to the Board of Regents for its review, comment and potential approval. 

Background

	For the charter school listed above, the Charter Schools Institute (the “Institute”) properly notified the school district in which the school is located regarding the receipt of an application for charter renewal.  As of March 8, 2011, no comments were received. 

	The Board of Trustees is authorized under the Charter Schools Act to renew the charters of schools that it has authorized.  Pursuant to Resolution No. 2010-117 dated September 15, 2010, the Board of Trustees delegated authority to renew charters to the Education, College Readiness and Success Committee except the “closure of any charter school and the approval of any renewal or revision application to replace the school’s educational program.”  The Request for Applications to Restructure a SUNY Authorized Charter School (the “RFA”) was specifically designed to effect such a restructuring and renewal for Harlem Day Charter School (the “School”).  

	As set forth in the Institute’s Summary of Findings and Recommendations for the Restructuring of Harlem Day Charter School as Harlem Prep Charter School, the School’s board tendered its charter to the Board of Trustees on November 1, 2010 contingent upon SUNY engaging in the RFA process to find a governing board, leadership, staff, educational program and charter school operator to continue to provide instruction for the School’s students.  In keeping with the Board of Trustees’ commitment to students, rather than close the school, the Institute sought, through the RFA, to identify an applicant group that could operate the school under the specific conditions set forth in the RFA.  The Institute received one application from a group led by Democracy Builders, a non-profit charter management organization that manages two charter schools authorized by the New York City Schools Chancellor under the name “Democracy Prep.”  The Institute reviewed the application as it would an application for a new charter school including internal application review, review by external experts and interviews with Institute staff and members of the Education, College Readiness and Success Committee.  The Institute recommends that the application be approved.  If this resolution is approved, Harlem Prep Charter School would be treated for purposes of renewal and accountability as a new charter school in its initial charter term with that term ending on July 31, 2016.


Board Resolution	-3-	March 22, 2011


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