M E M O R A N D U M

							January 22, 2013

To:		Members of the Charter Schools Committee

From:	Joseph W. Belluck, Chair, Charter Schools Committee
		
Subject:	Approval of Revisions to Merge True North Rochester Preparatory Charter School – West Campus into True North Rochester Preparatory Charter School (Rochester) 

Action Requested

      The proposed resolution authorizes revisions of the charters of two charter school education corporations authorized by the Board of Trustees to permit them to merge into one of the corporations, True North Rochester Preparatory Charter School, and permits certain amendments to the terms of operation of all schools to be operated by the successor education corporation. 

Resolution

      I recommend that the Charter Schools Committee adopt the following resolution:
      
Whereas True North Rochester Preparatory Charter School – West Campus, located in Rochester, desires to merge into True North Rochester Preparatory Charter School, also located in Rochester, which would be the sole successor corporation (the “Merger”); and

Whereas the charter school education corporations further desire to amend the terms of operation of their charters such that all of the schools to be operated by the merged True North Rochester Preparatory Charter School would have consistent terms of operation (collectively, with the Merger, the “Proposed Changes in Program”); now, therefore, be it


Resolved that pursuant to New York Education Law subdivisions 2853(1)(b-1) and 2852(7)(a) proposed revisions to: a) the charter of True North Rochester Preparatory Charter School – West Campus to permit it to merge with True North Rochester Preparatory Charter School, and implement the Proposed Changes in Program; and b) the charter of True North Rochester Preparatory Charter School to permit it to merge with True North Rochester Preparatory Charter School – West Campus, and to implement the Proposed Changes in Program; be, and hereby are, approved; and, be it further

Resolved that the Charter Schools Committee finds: 1) the Proposed Changes in Program, including each of the revisions set forth above needed to implement same, meet the requirements of Article 56 of the Education Law (and all other applicable laws, rules and regulations); 2) approval of the Proposed Changes in Program (together with the other terms of each education corporation’s charter) would permit the merged True North Rochester Preparatory Charter School to operate in an educationally and fiscally sound manner; and 3) approval of the Proposed Changes in Program are likely to improve student learning and achievement and materially further the objectives of the New York Charter Schools Act of 1998 (as amended); and, be it further 

Resolved that the SUNY Charter Schools Institute, be, and hereby is, directed to enter into proposed revisions to each education corporation’s charter, such proposed revisions to incorporate the terms and conditions of the Proposed Changes in Program and such assurances and terms as the Institute shall deem necessary and appropriate, and, thereafter to submit such revisions to the Board of Regents for its review, comment and potential approval.


Background

	Pursuant to Resolution No. 2012-038 dated June 12, 2012, the Board of Trustees delegated authority to revise charters to the Charter Schools Committee.  

	The SUNY Charter Schools Institute (the “Institute”) determined that the changes set forth in this resolution require revisions of the charters of both of the education corporations involved in the proposed merger 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 New York Charter Schools Act of 1998 (as amended, the “Act”).

      Pursuant to New York Education Law § 2857(1), the Institute notified the school district of location of the charter schools regarding the receipt of an application for charter revision (copy on file in the Albany Office of the Institute).  As of January 2, 2012, the Board of Trustees did not receive any comments in response.
      
	If the Charter Schools Committee approves the resolution, the merged True North Rochester Preparatory Charter School education corporation would operate three chartered schools ultimately serving 2086 students under the governance of one board of trustees as follows.  True North Rochester Preparatory Charter School – West Campus education corporation currently operates one chartered school serving 228 students in Kindergarten and grades 5-6 at one site and would grow to serve 672 students in grades K-8 post merger.  The True North Rochester Preparatory Charter School education corporation currently operates one chartered school in two sites serving 553 students.  One site serves students in grades K-3 and a second site serves grades 5-8.  This school would serve a total of 664 students in grades K-8 in the 2013-2014 school year.  On October 2, 2012, the Board of Trustees approved the True North Rochester Preparatory Charter School education corporation to operate an additional school (Rochester Prep Charter School 3), which would open in August of 2013 and grow to serve 750 students grades K-8 by the 2019-20 school year.  The merger would leave the successor education corporation in a good position to expand into a common high school. 

      The Institute reviewed the academic program elements (including enrollment projections, curriculum and staffing), policies, budgets and proposed management agreements with Uncommon Schools, Inc., the not-for-profit charter management organization for both charter school education corporations, to be affected by the requested charter revisions and found them satisfactory.  The Institute also reviewed the proposed revisions from the legal and fiscal perspectives and finds them suitable under the Act and applicable law.  Therefore, the Institute recommends that the Charter Schools Committee approve the requested merger.  

	If the Charter Schools Committee approves the resolution, the revisions effectuating the merger must be submitted to the Board of Regents for action pursuant to the Act.  If approved by the Board of Regents or by operation of law the merger would not be effective until the date set forth in the plan of merger (July 1, 2013) or the date of the next succeeding close of a fiscal quarter.
Committee Resolution	-2-	January 22, 2013


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