Public Hearing Summary

Charter School:
Explore Excel Charter School
Hearing Date:
December 7, 2013
Hearing Location:
Building K068, 956 East 82 St., Brooklyn, NY 11236 (CSD 18)
Start Time:
6:15 p.m.
End Time:
6:40 p.m.

Background:  
The New York City Department of Education (“NYCDOE”) proposes to site Explore Excel Charter School’s (“Explore Excel’s”) 5th grade in Building K068 (“K068”), located at 956 East 82 Street, Brooklyn, NY 11236, in Community School District (“CSD”) 18, beginning in the 2013-2014 school year. If approved, Explore Excel would add one grade each year at the site until it reaches full enrollment in 2016-2017 and serves 5th through 8th grade students (after renewal and revision to add 8th grade, as Explore Excel is currently only chartered K-7 and serves grades K-3 at another NYCDOE site in CSD 18). Explore Excel’s middles school grades would be co-located in K068 with I.S. 68 – Isaac Bildersee (“I.S. 68”), an existing zoned middle school that serves students in 6th through 8th grades. K068 also houses two community based organizations (“CBOs”), Beacon and CAMBA.
The NYCDOE has identified K068 as an under-utilized building. K068 has the capacity to serve 1481 students, but in 2012-2013, I.S. 68 is only projected to serve 898 students. This yields a building utilization rate of approximately 61%, which demonstrates that the building is “underutilized” and has space to accommodate additional students. In 2017-2018, K068 would serve 1101-1191 students from Explore Excel and I.S. 68 combined.
Hearing Notes:
CSD 18 Superintendent Beverly Wilkins started the hearing at 6:15 p.m.  
Community Education Council 18 (“CEC”) members and school leaders were given an opportunity to speak first. Members of CEC chose not to comment. Representing the school leadership team, I.S. 68 Principal Merv Williams spoke first, followed by Dean Reginald Simeon.
* Mr. Williams stressed that his goal is to provide the highest possible quality education to the students in Canarsie, and he supports anyone willing to come into the area to provide great services. Mr. Williams stated that his concerns surrounded the equity between his students and Explore Excel. He did not believe that Explore ran a lottery (rather he stated that there was a “selection process”), provided services to students with special needs, and had a discharge process that would force I.S. 68 to pick up “discarded” students midway through the year and be accountable for their poor test scores. Mr. Williams asked for equity in the processes for both schools in order to foster a productive relationship.
* Mr. Simeon, the Dean at I.S. 68, spoke of the safety concern regarding the interactions between two separate school cohorts. He believed the co-location will hurt the reputation of I.S. 68, because the community thinks that the charter school is a best alternative, like “sending them to private school without the cash.” Mr. Simeon stated that the false perception of charter schools being more successful would lead to a rash of students leaving I.S. 68 and attending Explore Excel.
* Explore Excel Interim Principal Dana Bogle spoke, and specifically addressed the concerns of Mr. Williams and Mr. Simeon. Ms. Bogle stressed that Explore Excel runs a lottery system for all new students, and stated that they have a rigorous program for students with special needs, including Individualized Education Program services, English language learner services and a 12-1-1 classroom to serve the needs of all students. Ms. Bogle also stated that there had been no expulsions in two years. Ms. Bogle stated that she hoped the partnership between the three schools could be positive.
Ms. Bogle was the only public commenter signed up to speak. Superintendent Wilkins opened the floor up for volunteers, but no one responded. 
A 3rd grade student from Explore Excel approached the SUNY representative after the hearing had ended and stated that he did not want his school to move. When the SUNY representative and the child’s mother explained that he would still have two more years of school at the Rumson Avenue location before he would have to change buildings, the student seemed less fearful. He stated that he very much enjoyed going to Explore, and was very happy at school.
Preliminary Determination:
The SUNY Charter Schools Institute (the “Institute”) reviewed the Educational Impact Statement (“EIS”) and the Building Utilization Plan (“BUP”) prepared by the NYCDOE for the facility at issue. The Institute also inspected the space at the time of the hearing and 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 spaces and resource spaces to be shared by the charter school, the district school and the community programs in the building. 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 the building. As such, the BUP will not be finalized until the co-location is finalized.
With respect to public comments, the Institute thanks the members of the community for their candor. The Institute notes that SUNY has no authority over NYCDOE decisions regarding the physical locations of NYCDOE schools, grants or programs. SUNY may also approve or deny an additional facility for a school only after the NYCDOE has made a decision to approve the space. SUNY also has no positive authority to place schools into NYCDOE space.
As the charter school proposes to add facilities, the Institute, on behalf of the SUNY Trustees, needs to determine whether to allow the school to use the district school space, but may deny the request only for good cause. Based on the foregoing, and as the Institute has held the hearing required by the New York Charter Schools Act of 1998 (as amended), the Institute proposes to approve the NYCDOE facility for use by the charter school subject to compliance with the terms of its charter agreement regarding facilities.
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