Public Hearing Summary Charter School: Icahn Charter School 7 Hearing Date: June 12, 2012 Hearing Location: Building X093, 1535 Story Avenue, Bronx, NY 10473 (CSD 8) Start Time: 6:05 p.m. End Time: 6:30 p.m. Background: The New York City Department of Education (“NYCDOE”) proposed to co-locate grades K-4 of Icahn Charter School 7 (“Icahn 7”), a new charter school approved by the SUNY Trustees in June 2011, in Building X093 (“X093”) and minischool Building X893 (“X893”) located at 1535 Story Avenue, Bronx, NY 10473, in Community School District (“CSD”) 8 beginning in the 2013-14 school year (next school year). Icahn 7 will be co-located with PS 93 Albert G. Oliver (“PS 93”), an existing zoned elementary school which currently serves students in grades K-5 and offers four sections of full-day pre-Kindergarten. Currently, X093 also houses the K-3 grades of Metropolitan Lighthouse Charter School (“Metropolitan Lighthouse”), an existing elementary charter school authorized by the New York City Schools Chancellor. In the 2012-13 school year, Metropolitan Lighthouse will serve grades K-4 in X093 along with PS 93. At the conclusion of the 2012-13 school year, Metropolitan Lighthouse will move into a private facility. Icahn 7 will be co-located with PS 93 in X093 in the 2013-14 school year after Metropolitan Lighthouse moves into its private facility. Pursuant to this proposal, Icahn 7 will serve a total of 90-120 K-2 students in 2013-14, 120-160 K-3 students in the 2014-15 school year and 150-200 K-4 students in the 2015-16 school year. X093 has the capacity to serve 551 students and X893 has the capacity to serve 153 students. In the 2011-12 school year, X093 and X893 collectively served a total of 585 students in both PS 93 and Metropolitan Lighthouse, resulting in a projected utilization rate across both buildings of 83%. In 2012-13, Metropolitan Lighthouse will expand to include 4th grade, and X093 and X893 will serve a total of 567-677 students, resulting in a projected utilization rate across both buildings of 81-96%. In 2013-14, when Metropolitan Lighthouse has moved and Icahn 7 begins its phase-in, X093 and X893 will serve 457-547 students, yielding a total utilization rate of 65-78%. When Icahn 7 is fully phased in and serving grades K-4 in the 2015-16 school year, the building utilization rate across both buildings will be 74-90%. Hearing Notes: The hearing was moderated by NYCDOE Chancellor’s Designee Rick Larios, who read a summary of the proposed co-location. A representative from Community Education Council 8 was slated to attend the hearing but was not present. * PS 93 Principal Don Matson questioned whether the plan was for Icahn 7 to be housed only in X093, or in both X093 and X893. A NYCDOE representative stated that its reporting requirements mandated that it include both buildings in the proposal because they are on the same physical campus, but that there were no plans to have any Icahn 7 students or staff in X893. Mr. Matson stated that there had been an Icahn charter school in the building before, and they had a great relationship. He stated that he was aware that with Metropolitan Lighthouse leaving the facility, it will be an underutilized building. He added that there are no major concerns because of the positive experience they had with an Icahn charter school in the past, and that the lack of parent attendance at the hearing demonstrates that the proposed co-location is not an issue to the community. * Jeff Litt, the Superintendant for Icahn Schools, thanked Mr. Matson and stated that they had a great relationship when they were in the building previously, and he was hopeful that they would be able to replicate that relationship going forward. Mr. Litt explained that other Icahn charter schools were co-located in NYCDOE facilities without causing concern. He added that Icahn charter school test scores are very high, and that they are very involved in the community. He discussed Icahn charter schools’ extended school day and extended school year, and stated that it was impossible to fail at an Icahn school. Mr. Litt said that they had very dedicated professionals, countless programs to support kids that need extra help, a rigorous curriculum (Core Knowledge), and that graduating students are placed in some of the best high schools in New York City. He concluded by thanking the NYCDOE for considering them for the space, and thanked the SUNY Board of Trustees for granting them the charter. Determination: The SUNY Charter Schools Institute (the “Institute”) reviewed the Educational Impact Statement and the Building Utilization Plan (“BUP”) prepared by the NYCDOE for the space at issue. Based on a site review, the Institute found it to be a typical NYCDOE building that appeared to be in compliance with applicable law. Based on the documentation prepared by the NYCDOE and the information in the charter school’s application, the Institute also finds that the proposed use of the space by the charter school would not violate applicable law. Based on the site review, the physical space allotted to the charter school was safe and adequate. In addition, there appears to be sufficient common space and resource space to be shared by the charter school and the district school. Finally, the Institute notes that the BUP, at the time of the co-location hearing, was in draft form. Pursuant to New York Education Law, leadership teams from the co-located schools are required to agree on a plan to utilize common spaces at X093. The BUP therefore will not be finalized until the co-location is finalized. SUNY has no authority over NYCDOE decisions regarding the contraction or expansion of NYCDOE schools or programs, how such programs use the space allotted to them or the physical locations of NYCDOE schools or programs. As the school initially proposed to locate in the CSD or part of the NYC borough set forth in its charter application, the Institute only needs to determine whether the space, and the charter school’s use of the space, would be in compliance with the school’s charter and applicable law. In such cases, SUNY does not separately approve the school’s location. Therefore, as the Institute has held the hearing on behalf of the SUNY Trustees required by the Education Law, it proposes to approve the facility for use by the charter school subject to compliance with the terms of its charter agreement regarding facilities. Page 2 of 2