Public Hearing Summary Charter School: Success Academy Charter School – Bronx 3 (formerly Success Academy Charter School – Manhattan 3) Hearing Date: December 17, 2013 Hearing Location: Building X146, 968 Cauldwell Ave., Bronx, NY 10456 (CSD 8) Start Time: 6:04 p.m. End Time: 6:50 p.m. Background: The New York City Department of Education (“NYCDOE”) proposes to site Success Academy Charter School – Bronx 31 (“SA – Bronx 3”), a new public charter school operated by the charter school education corporation Success Academy Charter Schools – NYC, that will serve students in Kindergarten through 2nd grade in building X146 (“X146”), located at 968 Cauldwell Avenue, Bronx, NY 10456, in Community School District (“CSD”) 8, beginning in the 2013-2014 school year. SA – Bronx 3 would be co-located in X146 with P.S. 146 Edward Collins (“P.S. 146”), a district zoned elementary school serving Kindergarten through 5th grades and a pre-Kindergarten program. X146 has been identified as an under-utilized building. X146 has the capacity to serve 630 students. If this proposal is approved, the building would serve approximately 676-796 students and have a utilization rate of 107-126% in 2015-2016 when SA – Bronx 3 has phased in its 2nd grade and reached its projected enrollment for those grades. Hearing Notes: CSD 8 Superintendent Tim Behr started the hearing at 6:04 p.m. Community Education Council and School Leadership Team members, 33 students, parents, teachers and community members were present at the hearing. Eight persons were slated to speak. Public comments began at 6:24 p.m. Seven community members spoke at the hearing, one left before his or her name was called. * P.S. 146 Principal Janet Sanderson stated that her biggest concern for the proposed co-location surrounded her ability to continue to provide the best possible education for her students. She said that 2012-2013 is the first year in six years that there has not been a co-located school sharing space with P.S. 146. She stressed the additional programming she can now provide with the additional space (specifically Response to Intervention programs and pull-out time for students with disabilities). She stated that her concern is not the charter school coming in, but being able to focus on the district school students and not be infringed upon. * PTA President Raizza Almeyda spoke twice (once from the dais as a member of the School Leadership Team, and again as a registered public speaker), and insisted that the parents of P.S. 146 do not want a charter school in the building. She stressed that the co-location would not allow the students of P.S. 146 to adequately grow – the strain on resources and time in shared spaces will impact the students negatively. * A representative from the United Federation of Teachers (“UFT”), Amy Arundell, spoke on behalf of UFT President Michael Mulgrew. She found this co-location “disturbing” because the NYCDOE has tried to “shoehorn schools into buildings,” which are too small. She criticized the NYCDOE for using an “efficiency model” in assigning space. As an expert on the “educational model,” she noted there are several ways to use space including expanding services to the students currently in the buildings. The UFT statement was “not against school choice, but against a policy that is destructive to communities and public schools overall.” * Several speakers noted that the change of venue from Manhattan to the Bronx was unnecessary. Parents questioned why Success Academies would want to move from Manhattan, into the Bronx, and into a space which the school would outgrow before the charter term expired. * Additional speakers urged Success Academies to rent space from the Archdiocese of New York, which has several vacant buildings in the X146 neighborhood. Community members noted that this would enable Success Academies to have entire buildings to themselves, without any disruption to the traditional public schools. Preliminary 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 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 and the district school 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 also has no positive authority to place schools into NYCDOE space. As the school proposes to change the borough of location of its facility, the Institute, on behalf of the SUNY Trustees, needs to determine whether to allow the schools 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 on behalf of the SUNY Trustees required by the New York Charter Schools Act of 1998 (as amended), it proposes to approve the facility for use by the charter school subject to compliance with the terms of its charter agreement regarding facilities. 1 Success Academies Charter Schools – NYC requested to change the school’s name from “Success Academy Charter School – Manhattan 3” to “Success Academy Charter School – Bronx 3” and to change the proposed borough of location from Manhattan to the Bronx. The SUNY Charter Schools Institute recently granted this request. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ Page 1 of 3