ENYPCS Comprehensive Monitoring Visit Report - 11.05.09

8/14/2019 ENYPCS Comprehensive Monitoring Visit Report - 11.05.09

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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234Office of Elementary, Middle, Secondary and Continuing Education

Shelia Evans-Tranumn, Associate Commissioner

Office of School Improvement and Community Services (NYC)

55 Hanson Place, Room 400Brooklyn, New York 11217

Tel. (718) 722-2796 / Fax: (718) 722-4559

November 5, 2009

Ms. Azura Mason, Board ChairEast New York Preparatory Charter School210 Chester Street

Brooklyn, NY 11212

Dear Ms. Mason:

Enclosed is the New York State Education Department (NYSED) Third Year ComprehensiveMonitoring Report for the East New York Preparatory Charter School (ENYPCS or the School). Thereport is based on findings from desk audit materials submitted to NYSED and a site visit to the Schoolwhich took place on April 6, 2009. The purpose of this visit was to ascertain the extent of the Schoolscompliance with 2852(2)(a)(b)(c) and 2853(2) of the Education Law. These regulations call foroversight, thereby enabling the Board of Regents (BOR) to ensure that each charter school is incompliance with applicable laws, regulations, and charter provisions.

The report notes areas of strength, compliance, non-compliance and concerns. Where applicable,the report also includes required and recommended actions. Failure to comply fully with all charterprovisions as well as all applicable statutes and regulations may result in action being taken pursuant to2855 of the Education Law.

During the course of the visit, staff observed various aspects of the school program. Some of thenotable strengths include the following:

! The Schools facility is clean and well-maintained, in the hallways and classrooms.


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East New York Preparatory Charter SchoolNovember 5, 2009

were taken and/or are underway. A response to these issues must be received no later thanDecember 1, 2009.

Areas of Non-Compliance that require corrective actions include the following:

! The Board of Trustees (BOT) minutes presented did not provide evidence of oversight of theacademic, fiscal or operational components of the School. (Reference Initial Charter P. 78 -83and 777)

! The BOT only had six members although the charter dictates that it must have between seven and13 members. (Reference Initial Charter P. 78)

! Four of the six BOT members (67%) are interested persons as defined by the by-laws becausethere are overlapping personal relationships. (Reference Initial Charter By-laws - P. 634)

! The School does not have up-to-date conditional fingerprint clearances for Alburn Montague.(Reference Education Law 2854(3)(a-2))

! The School had out-dated IEP reviews, and missing or unknown review dates for two (2) students(C. Eze grade K and E. Hinckson grade 2). (Reference Education Law 2853(4)(a))

! The School had one incomplete home language survey for M. Adewumi, which is missing the parents signature and one incomplete immunization record for A. Barrett. (Reference InitialCharter P. 57-59, Commissioners Regulation Part 154 and Public Health Law 2164(7)(a))

! The School documented out-of-school suspensions as unexcused absences and did not providealternative instruction. (Reference Initial Charter P. 71 and Education Law 3214(3)(e))

! The School had a projected enrollment of 247 students but only enrolled 178 students.(Reference Initial Charter P. 61)

! The School did not provide evidence of staff members trained and certified in the use of theexternal defibrillator. (Reference Education Law 2801-a)

! The School does not have an approved Safe Schools Against Violence in Education (SAVE) Plan


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o Added one hour to the instructional time on Friday (Reference Initial Charter P. 63 -64);

o Changed expulsion policy to expel students based on eight days of absence (ReferenceInitial Charter P. 66 and 70);

o Changed the complaint procedure, which had all grievances go to the HOS (ReferenceInitial Charter P. 80;

o Added an attendance and uniform policy to the Student Discipline Code, which includesthat students are barred from class for these infractions (Reference Initial Charter P. 66-73); and,

o No longer has a Student Support Coordinator and/or Dean of Students on staff (ReferenceInitial Charter P. 78 and 84-85 and the cover letter for earmarked funds from Edwin L.Cummings Memorial Fund dated July 25, 2008).

! The Parent Involvement Committee (PIC) was disbanded in spring 2008 by the HOS and theparent coordinator resigned. There is no evidence of any reorganization efforts. The School hadno evidence of parental involvement in school governance. (Reference Initial Charter P. 74 andEducation Law 2851(2)(c))

! The Schools complaint procedures presented did not provide any contact information inaccordance with Education Law 2855(4).

! The School had not maintained disaggregated data for the two previous years, reportedly due to acomputer server complication. Additionally, it was missing discipline and special educationstudent records for the two previous years. (Reference Initial Charter P. 99-101)

!The School did not provide evidence of good-faith efforts to attract and retain English languagelearners (ELL). (Reference Education Law 2854(2)(a))

Areas of Concern and/or Need Improvement include the following:


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! The School provided no evidence of the BOT response to the concerns from the Schools counsel,Rafael Vasquez, regarding the Boards structure, personal relationships and possible conflicts,noted in e-mails. (Reference e-mails dated March 9-10, 2009)

! The HOS gave limited disclosure of information regarding her personal relationship with a thenprospective board member.

! The Board members interviewed were not aware of the published reports regarding the School(e.g. Monitoring Reports and Learning Environment Survey).

! The Schools questionable expenditures that could not be verified (e.g. $5,500.00 payment madeto a new board member, Mercer Givhan, for Leadership Development).

! The School relied on New York City Department of Education (NYC DOE) to provide on-goingfacility space without an alternative plan resulting in possible future displacement.

! The complaint procedure that includes an e-mail address to the BOT has been received andhandled primarily by the HOS.

! The School had 17 staff (teachers and administrators) that were either terminated or resignedwithin the first half of the 2008-09 school year.

! The School has had a significant culture change within the last school year.! According to parents and staff, the School has sent several students home for uniform violations.! The School does not maintain call logs for issues and/or complaints, which was done in the

previous two years.

Please provide the Schools response directly to the NYSED, Office of School Improvement andCommunity Services (NYC), Charter Schools Unit, 55 Hanson Place, 4th Floor, Brooklyn, New York11217, (one hard copy to the attention of Crystal Cumberbatch as well as one electronic copy [email protected] and [email protected]

). Failure to comply fully with all charterprovisions as well as all applicable statutes and regulations may result in action being taken pursuant to
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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! All required documents must be submitted in a well-organized manner. Attach a label toeach section with a clear reference to the associated item. Indicate on the template the title ofthe section that holds each document. It is recommended that a binder be used as a means ofproviding a user-friendly submission.

! A response to NYSEDs Observations/Comments is not requested. If the School choosesto respond, the response should be in the appropriate section on the template with a referenceto the Comment number that is being addressed.

If you have any questions or concerns about the Comprehensive Monitoring Report or have anyadditional information that would alter its findings, please do not hesitate to contactCrystal Cumberbatch at the Office of School Improvement and Community Services (NYC) at(718) 722-4553.

Sincerely,

Lisa Long, Ed.D.Supervisor

LL/cc

2 Enclosures:East New York Preparatory Charter School Monitoring Matrix Feedback ReportEast New York Preparatory Charter School Document Checklist

cc: ENYPCS Board of TrusteesMichael DuffyAamir RazaShelia Evans Tranumn


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THE UNIVERSITY OF THE STATE OF NEW YORK/NEW YORK STATE EDUCATION DEPARTMENTOFFICE OF SCHOOL IMPROVEMENT AND COMMUNITY SERVICESCOMPREHENSIVE MONITORING FEEDBACK MATRIX 2008-2009

East New York Preparatory Charter School210 Chester Street, Brooklyn, NY 11212

Community School District #19Head of School: Sheila Joseph

Visit Date: Monday, April 6, 2009Report Date: Thursday, November 5, 2009

Mission: To ensure students achieve or exceed grade-level mastery of academic content, knowledge and skills. We provide a rigorous andNYS Standards aligned curriculum, disciplined environment, and supportive community, where our students are academically and sociallyprepared to excel in demanding college preparatory high schools.

Team that attended the Monitoring Visit: Crystal Cumberbatch-Greene, Kathryn Ahearn, Kalimah Geter and Jamal L. Young

Monitoring Items YYes

NNo

REQUIRED ACTION for Items with N Status

CHARTER ESSENTIALS

Observations/Comments:

! The School has been placed on probation for not adhering to specific areas of its charter (governance, special education services,and

! The School changed its mission by deleting to ensure students achieve or exceed grade-level mastery of academic content,knowledge and skills, which is a key element in the philosophy of its approved educational program.

! The HOS reported that authorization for the numerous changes was not received from the Schools board or its authorizer.! The records reviewed indicated that the Schools instructional approach to students with disabilities (SWD), students that are

performing below level and suspended students are not aligned with the policies of the charter. The School did not provide servicesin accordance with the charter or students IEPs.

Implementation of provisions as written in approved charter

School is implementing its philosophy as written in its approvedcharter.

REQUIRED ACTIONThe School must adhere to and use inpublications the approved mission statement.Please submit the Schools plan to comply withthe approved provisions in the charter.(Reference Initial Charter Agreement P. 5)

School is using its instructional methodologies as written in itsapproved charter

REQUIRED ACTIONThe School must adhere to the approvedprovisions in its charter for SWD, low performingand suspended students. Please submit theSchools plan to ensure compliance with the

approved provisions in the charter. (Reference


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Monitoring Items Y N REQUIRED ACTION for Items with N StatusYes No

East New York Preparatory Charter School

Visit Date: Monday, April 6, 2009Comprehensive Monitoring Feedback Matrix

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Education Law 2853(4)(a) and 3214(3)(e))

The School must adhere to the dual teacherinstructional program approved in its charter.Please submit the Schools plan to ensurecompliance with the approved provisions in thecharter. (Reference Initial Charter P. 56)

Student Achievement Goals (or the goals within the Charter School Accountability Plan if applicable)School is monitoring performance goals and is collecting studentassessment data.School is making AYP and is in Good Standing.

Revisions to charter (if applicable) Documentation (e.g. memoranda from School and Authorizer) to demonstrate the Board of Trustees(BOT) and the chartering entity have approved all changes made to charter (if applicable).Copies of BOT minutes showing approval of the recommendedchanges are provided, as well as copies of letters from the authorizerand Board of Regents (BOR) showing approval for all changes.

REQUIRED ACTIONThe HOS must obtain its board and authorizersapproval prior to making any changes to the

Schools educational program and/or fiscaloperations. Please submit evidence that a requestwas made and approved by the BOT and theauthorizer. (Reference Initial Charter Agreement

P. 5-7, 11 and 20-21 and the By-laws P. 636)

CURRICULUM, INSTRUCTION, AND ASSESSMENT


! The School was unable to provide assessment data for the 2006-07. Assessment data from 2007-08 was provided, but notdisaggregated. Without data from more than one year, staff was unable to compare student performance from year to year.

! Assessment data from 2006-07 was not provided. Literacy and mathematics data for 2007-08 were combined in graph form to

indicate student performance (students scoring at or above the 75

th

percentile).! Learning objectives were observed and present in classrooms.

Description of Instructional Program

Objectives posted

Up to date student work displayed

Teachable moments recognized

Teacher strength in content knowledge displayed


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Transitions smooth and efficient

Positive teacher feedback observed

Rules and Behavior plan observed and/or displayed

Student Work and Classroom Observations

Instructional strength was satisfactory at all grade levels and subjectareas.Students were actively engaged in learning.

Time on task was well spent.

Differentiated instruction was observed.

Effective classroom management skills were practiced.

Assessments Administered to StudentsSchool administers all assessments indicated in its charter.

School retains detailed, comprehensive records on studentachievement for all local, State, and national assessments.

REQUIRED ACTIONThe School must maintain disaggregated data for

all interim and state assessments. Please submitevidence that the School has implemented amechanism to maintain disaggregated data for allinterim and state assessments. (Reference InitialCharter P. 99-101)

School applies qualitative and quantitative assessment results toinform decisions and planning.Academic performance of the students demonstrates that the Schoolis educationally sound.In the case where portfolios are used, the evaluation rubric is clearand is applied consistently by all staff.

BOARD OF TRUSTEE MEETINGS


! The BOT has expertise in education, law, finance and real estate. The trustees, however, lack experience in organizationalleadership and governance.

! Reference February 4, 2009 Probation Order for the following comments and the required actions below:o The School has seen significant board turnover over the years. However, the entire remaining board members (six

individuals) resigned because of their inability to provide effective oversight of the School due to the HOS preventing the


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The School's Board of Trustees asserts professional experience inthe areas of education, law, finance, real estate and non-profitgovernance.

REQUIRED ACTION:The School must complete the process ofrecruiting and retaining board members to ensurecompliance with its charter and the terms of theprobation order. Please submit the status of theSchools progress toward satisfying the conditionsof the probation order. (Reference ProbationOrder Issued February 4, 2009)

Board members are assigned to a committee. SEE ABOVE

RECOMMENDED ACTION:All members of the board should serve on theExecutive Committee until such time as adequaterepresentation can be found for all Schoolcommittees. In addition, the HOS should not beassigned to every committee, which would ensurea separation of control and duties.

Public NotificationsThe School maintains records to demonstrate public notification ofBOT meetings.

REQUIRED ACTION:As per the probation order, the Board must beginproviding clear, consistent notification of meetingsof the trustees. The School must maintaindocumentation of that notification. Please submitthe status of the Schools progress towardsatisfying the conditions of the probation order.(Reference Probation Order Issued February 4,2009)

Minutes to DateBoard minutes indicate that the BOT meets regularly and attendanceis consistent.

REQUIRED ACTION:As per the probation order, the Board mustconduct regular meetings, in which a quorum ispresent. Please submit the status of the Schoolsprogress toward satisfying the conditions of theprobation order. (Reference Probation OrderIssued February 4, 2009)


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Minutes indicate the BOT functions as governing structure that holdsfinal authority for policy and operational decisions of the School per2853(1)(f).

REQUIRED ACTION:As per the probation order, the Board mustconduct and record votes on official business ofthe charter school. Please submit the status ofthe Schools progress toward satisfying theconditions of the probation order. (ReferenceProbation Order Issued February 4, 2009)

Minutes indicate all votes are taken with a quorum. REQUIRED ACTION:Since the previous meetings of the Board werenot a quorum, the Board must revisit critical votestaken during the 2008-2009 school year toascertain whether a new vote must be taken.Please submit evidence that these votes wererevisited and the decisions that were made.(Reference Initial Charter P. 636)

BOT meetings are held in a location convenient for parents/staff toattend.The BOT does not vote via telephonic means or via e-mail. Allmembers are either present or otherwise seen (e.g. via videoconferencing) when voting.Data Provided at BOT meetingsBOT members are kept aware of school occurrences. REQUIRED ACTION:

Trustees must establish a method for obtainingcomprehensive, accurate and timely informationon the academic, fiscal, operational and overallfunctioning of the School. Please submitevidence that the BOT has received the

aforementioned information regarding the School.In addition, please describe how the BOT usedthe information to inform their decisions.(Reference Initial Charter P. 78)

School leaders regularly inform the Board of Trustees of schoolactivities.

SEE ABOVE


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Monitoring Items YYes No

N REQUIRED ACTION for Items with N Status



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Givhan, for Leadership Development. However, when records were requested the School was unable to provide evidence of theservices.

! In addition, a paid invoice for $7,000.00 to VJHA Executive Development for a Power Coaching Program was also seen. However, itdid not specify the services provided or the duration of the agreement but was signed off by the HOS.

! The School recently hired (March 9, 2009) a Chief Financial Officer that currently manages the fiscal controls of the School.

Budget in approved charterThe School budget ensures staffing and service delivery is aligned tothe charter.Tax Exempt StatusThe School has attained tax-exempt status within one year of beingchartered.Dissolution PoliciesSchool has a dissolution policy in the case it faces closure.

The School maintains an escrow account for dissolution per Section8.5 of its charter agreement.Financial ReportsThe School maintains a system for financial reporting.

Fiscal ControlsThe School demonstrates it has systems in place for fiscal controls.

Contract(s) for Provision of ServicesContracts between the School and its Institutional Partner/CharterManagement Organization are current, signed and in accordancewith approved charter.

N/A

SCHOOL GOVERNANCE STRUCTURE, INCLUDING PARENTAL & STAFF INVOLVEMENT


! The HOS changed her title to Superintendent of School without prior approval of the Board or its authorizer.! The School had an Interim Principal, Patrice Morgan, on staff at the time of the visit. However, since that date, she is no longer

employed at the School. Moreover, the School does not have a Student Support Coordinator or Dean of Students on staff. TheSchool must hire a new Instructional Coach/Principal, Student Support Coordinator and Dean of Students.

! The School distributed its revised complaint procedures at the public meeting on March 18, 2009. However, parents and staff thatwere interview throughout the visit noted concerns that the e-mail provided to contact the BOT does not appear to reach the BOTbecause the messages are retrieved by the HOS.


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School Organizational Chart

School organizational structure aligns to the structure indicated in theapproved charter.

REQUIRED ACTION:The School must adhere to the approvedorganizational design in its charter. The Schoolmust obtain prior approval from its authorizer for

any changes to its charter inclusive of staff titlesand/or responsibilities. Please submit evidencethat the title for the HOS has been reinstated tothe approved staff title in the charter.Alternatively, the School can submit evidence thata request for revision had been submitted andapproved by the BOT and the authorizer. Inaddition, submit a justification for the Schoolconsidering the staff title of a Superintendent,given there is only one school. (Reference InitialCharter P. 78-83)

RECOMMENDED ACTION:The School should make every effort to recruit,hire and retain its staff. The high turnover can bedisruptive to the overall sustainability of theSchool.

Complaint ProceduresComplaint procedures have been distributed to parents.

The procedure clearly outlines the proper steps and providesdetailed contact information in accordance with 2855(4) ofEducation Law.

REQUIRED ACTION:The School must provide complaint procedureswith detailed contact information in accordance

with 2855(4) of Education Law. Moreover, anycomplaints addressed to the BOT must beforwarded to the BOT. Please submit complaintprocedures in accordance with Education Law2855(4). In addition, provide evidence that theBOT will be the responsible parties to anycomplaints that are formally submitted to them, inaccordance with the law, particularly when the


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School records are only transferred with parent consent.

List of Discharges to Date with Reason(s) for dischargeThe School maintains organized discharge data to indicate reasonfor students departures.Involuntary transfer is not offered as an option. REQUIRED ACTION:

The School must discontinue its practice ofinvoluntary transfers of students enrolled in theSchool. The School must not discharge and/orencourage student transfers based on the lowperformance on interim and/or state exams. TheSchool must follow its approved admissionspolicy. Please submit a plan to ensure thatinvoluntary discharges will not continue.(Reference Initial Charter P. 32)

Procedures used to verify student residency

Students in CSD are given preference (beginning with students

entering 2008).Student DemographicsSchool maintains disaggregated data by reportable subgroups.

Materials pertaining to recruitment of students and conduct of admission lottery.Parents/Guardians can easily access applications for the School.

The application requires only basic information.

The School provides assistance to families in need of help with theapplication. (Including translation services when deemednecessary.)Admissions policy is implemented in accordance with 2854(2)(a)

and (b) of Education Law.School is open to all students residing within its located communityschool district; the School does not require students meetadmissions criteria.No student is denied admission due to his/her disability, intellectualability, and measures of aptitude, athletic ability, disability, race,creed, gender national origin, religion or ancestry.School holds open houses and makes recruitment efforts in


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accordance with charter. (Offering second language and/ortranslation services as needed.)The School holds an annual lottery and maintains preference inaccordance with 2854(2) of the Education Law.The School maintains documentation to demonstrate evidence ofgood faith efforts to attract limited English proficient (LEP), ELL andstudents with disabilities (SWD).

REQUIRED ACTION:The School must maintain evidence of how itattracts and recruits SWD and ELL students.Please submit a recruitment plan to ensurecompliance with the law. (Reference EducationLaw 2854(2)(a))

Waiting List by GradeThe School maintains a wait list of students seeking admission to theSchool. The list is maintained in accordance to lottery or by date ofsubmission (if application was received following lottery) and dividedby grade level.

SCHOOL DAY SCHEDULES

Observations/Comments:! The School added additional instructional time on Fridays and added a Saturday program. These changes were not approved by the

Schools authorizer. Moreover, there was no evidence provided that the authorizer was even informed.! The documents provided indicated 177.5 instructional school days. The charter is approved for 190 instructional schools days. The

School is following a different calendar from its charter and is not providing instructional days comparable to other public schoolswithin NYC.

School CalendarThe School offers the number of days that are approved in thecharter (a minimum of 180 days of instruction or its equivalent).

REQUIRED ACTION:The School must adhere to the number ofinstructional days and schedule in its approved

charter. The School must obtain prior approvalfrom its authorizer for any changes to its charter.Please submit evidence that a request for revisionhas been submitted and approved by the BOTand the authorizer. (Reference Initial Charter P.64-65)


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Daily ScheduleThe School offers a minimum of 5.5 hours of instruction to 7th-12thgraders and/or a minimum of 5 hours of instruction to students ingrade K-6 or its equivalent throughout the school year.

SEE ABOVE

The daily calendar (and implementation of) demonstrates studentsreceive instruction in all tested areas, even if they are integrated into

other subject areas.The daily calendar (and implementation of) demonstrates studentsreceive instruction in all the learning standards, even if they areintegrated into other subject areas.After School, Saturday, or Sunday programsAfter school, Saturday and/or summer programs are offered inaccordance with charter.

REQUIRED ACTION:The School must adhere to the schedule in itsapproved charter. Any revisions to the schedulemust be approved by the Schools authorizer andsubmitted as a request for revision to the Board ofRegents. Please submit evidence that a requestfor revision has been submitted and approved bythe BOT and the authorizer. (Reference InitialCharter P. 36 and 65)

The School uses non-public funds to provide optional after school,summer school and/or Saturday programs.The School offers additional support services to students. Servicesinclude tutoring, academic enrichment, dance, music, physicaleducation, test prep, etc...

PARENT AND COMMUNITY INVOLVEMENT PROGRAMS/ACTIVITIES


! None of the parents completed the 2007-08 NYC DOE Learning Environment Survey. The School did not provide evidence that anin-house survey was conducted to determine parent satisfaction.

! Interviewed parents indicated satisfaction with the teachers and the curriculum.! The School had two parents available for interviews, who expressed satisfaction with the School and their childrens progress since

being enrolled. But the parents were concerned with the number of staff changes. NYSED staff interviewed three parents informallythat stated, The HOS does not respect parents, which impacts the culture, operations and support of the School. One parentstated, I would have done anything for this School. I even traveled far when the School had to move but now I just want out. She ismean and does not care about our children.


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! The Parent Involvement Committee (PIC) was disbanded and has been inactive since the 2007-08 school year and the parentcoordinator resigned. There is no evidence of any reorganization efforts. The current board had not invited any parents to the Boardmeetings, as per its charter.



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! Copies of bylaws from the previously existing PIC were not on file at time of the visit.

Parent Survey

Results gathered from the Schools parent satisfaction surveyindicate the parents are satisfied. REQUIRED ACTION:The School must develop methods to survey and

gather results to measure parents satisfaction.(Reference NYC DOE Learning EnvironmentSurvey)

A majority of parents participated in the parent satisfaction survey. SEE ABOVE

Involvement of Parents in School GovernanceA Parent Advisory Committee has been established in accordancewith the approved charter. (As applicable.)

REQUIRED ACTION:The School must re-establish its PIC, inaccordance with its charter. Please submitevidence of the re-establishment of the PIC. In

addition, please clarify how the School is adheringto the law regarding parental involvement inschool governance. (Reference Initial Charter P. 74 and Education Law 2851(2)(c))

Other Evidence of Engagement with Parents and CommunityWritten communication to parents is clear. Material to parents isprovided in the parents dominant mode of communication asneeded.Courses, programs and/or services offered to parents, family/community members. GED preparation courses, technical certification courses or othersimilar programs/services are not offered with general school funds,

to students, parents or family members.

N/A

IDENTIFICATION OF LIMITED ENGLISH PROFICIENT STUDENTS


! NYSED staff reviewed 10% (18) enrolled students files, and one student file had an incomplete home language survey.


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Evidence of Home Language Survey (HLS)The School maintains HLS for every student enrolled. REQUIRED ACTION:

The School must submit a HLS for M. Adewumithat has a parent signature. (Reference InitialCharter P. 57-59 and Commissioners

Regulation Part 154)SCHOOL FACILITIES


! The School reported that it cannot enroll the number of students approved in its charter due to space constraints.! The School had a non-compliant SAVE plan for its 2008 submission. Therefore, the School does not have an approved plan on file.

The School can submit an alternate plan for approval to:Darryl L. DailyNew York State Education DepartmentStudent Support Services89 Washington AvenueRoom 318M-EBAlbany, New York 12234

Map of the SchoolFacility permits School to accommodate the programs and servicesdetailed in its charter.

REQUIRED ACTION:The School must adhere to its approvedenrollment, programs and services. Alternatively,the School should find a facility that canaccommodate its approved enrollment, programsand services. Please submit the status of theSchools efforts to find a facility to accommodateits approved service plan. (Reference Initial

Charter P. 61)Charter school does not house any grade at more than one site.

Condition of Physical PlantCondition of Physical Plant was high: clean, well lit, safe, conduciveto subject (PE / lunch included).Facility meets architectural access requirements for persons withdisabilities, as indicated in the ADA and local building codes.


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Emergency Plan and ProceduresAn approved SAVE plan is in place. REQUIRED ACTION

The School must obtain approval for the SAVEplan it has on file. Please submit evidence thatthe Schools plan has been approved by NYSED.(Reference Education Law 2801(a))

Emergency Plan is in place.

School conducts (and logs) twelve fire drills each year with eight ofthem occurring before the month of December.Certificate of Occupancy is current.

INSURANCE COVERAGE


! The School has current insurance coverage as specified above.! The School retains copies of the current policy and a statement of coverage highlighting all coverage retained by the School.

Copy of PolicyInsurance documents reviewed demonstrate the School holdscurrent coverage, including: liability, property loss, and personalinjury of students.

QUALIFICATIONS OF TEACHERS AND OTHER STAFF


! The School had a turnover of 23 staff from 2007-2009. For the 2008-09 school term, 16 staff where either terminated or resigned.According to its Annual Staff Report (Table G Newly Hired and Terminated Employees), six of the staff hired in August 2008 did notsustain employment for more than 35 days.

! Two positions that were tied to specific funding and services were left vacant. The position of Dean of Students had been vacant

since September 12, 2008. The position of Student Support Coordinator had been vacant since August 7, 2008.! NYSED staff discussed the concerns of inconsistent staffing patterns with the HOS. The HOS explained that some staff just did not

work out. In questioning how the staff recruitment and retention was evaluated by the Board, the HOSs response was that she isresponsible for it and the Board has never questioned it.

! At the time of the visit, the two most recently hired staff (Alburn Montague and Patrice Morgan) had expired conditional clearances.Patrice Morgan is no longer employed at the School.

! The School provided a staff roster with corresponding documentation. One staff member (Tara Devito) had documentation but wasnot on the staff roster provided.


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! The HOS had been delegated the responsibility of overseeing the recruitment, selection, evaluation, supervision, retention anddismissal of all employees. (Reference P. 85) The Board is still responsible for overseeing the overall fiscal and educationalsoundness of the School. The lack of oversight of such staff attrition (particularly teachers) has a significant impact on thedevelopment and sustainability of the School.



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Building Staff Roster

The School maintains an accurate, updated list of all schoolpersonnel. RECOMMENDED ACTIONThe School should maintain an up-to-date list ofall staff currently and formerly employed thatclearly indicates the employment status.

Teacher CertificationsTeachers are certified in accordance with the requirementsapplicable to other public schools; provided it may employ up to 30%of its teaching staff, or 5 teachers (whichever is less) who meet thecriteria listed in 2854(3)(a-1) of Education Law.Evidence that required background checks

The School maintains documents to demonstrate each staff member

has been cleared for employment by NYS. (Emergency conditionalclearance has been attained for each staff member as necessary.)

REQUIRED ACTION:

Please provide our office with emergencyconditional clearances for Alburn Montague. TheBoard must maintain the emergency conditionalclearances every 20 days and submit copies toour office until full OSPRA clearance is obtained.(Reference Education Law 2854(3)(a-2)(iii))

School Policies and Procedures for Staff Recruitment and Selection Process. Evidence BOT makes final decisionsPolicies and procedures for staff recruitment and selection processare clear.BOT makes final employment and termination decisions.

PROFESSIONAL DEVELOPMENT


! Teachers expressed great appreciation for the professional development offered at the School. Individualized feedback was notedas supportive, helpful and encouraging in moving instructional practices forward.

Copy of Professional Development Plan or Board minutes indicating adoption of Professional Development Plan (ConsolidatedApplication and Technology Plan)Professional development offered matches that were described inthe charter.


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School provided evidence of teachers participation.

Staff members interviewed express satisfaction with professionaldevelopment that is offered.The principal conducts regular, on-going meetings/dialogue withteachers to discuss student performance and instructional practice.

STUDENT DISCIPLINE PROCEDURESObservations/Comments:

! The School has an attendance policy that a student with more than eight (8) days of unexcused absences will face expulsion.Moreover, students were recorded with unexcused absences for issued out-of-school suspensions, and homework was not acceptedwhen they returned.

! Interviewed parents and staff reported that students who violate the uniform policy have been required to return home to change orreceived an in-school suspension (provided with assignments). There is no attendance policy or uniform policy in the approvedcharter.

! The School had no evidence that any of the discipline policy changes had been approved by the Board or its authorizer. It is theposition of NYSED that students should not lose instructional time for uniform violations. This is de facto suspension.

! The School must adhere to Education Law 3214(3)(e), which requires that suspended students be provided alternative instruction.

Student Code of ConductThe School implements the student Code of Conduct in its approvedcharter.

REQUIRED ACTIONThe School must adhere to the discipline policy inits approved charter. Any revisions to the policymust be approved by the Schools authorizer andsubmitted as a request for revision to the Board ofRegents. Please submit evidence that a requestfor revision has been submitted and approved bythe BOT and the authorizer. (Reference InitialCharter P. 66-73)

Parents receive a copy of the Code of Conduct.Students are not withheld from academics due to a uniform violation. SEE ABOVE

Family/Student behavioral contract is voluntary.

List of Student Suspensions with Parent NotificationsSuspensions are properly documented. Repeated suspensions aresupported by action plans to improve behavior.


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School demonstrates that parents are notified of suspensions in atimely fashion.Suspended and/or expelled students are afforded due process

Evidence that Suspended Students Received Alternate Instruction, Not Just Assignments School properly offers alternative instruction. REQUIRED ACTION:

The School must amend its suspension letter toensure that all parents are notified of theprocedures by which alternative instruction will beprovided. Please provide a copy of a templateletter that has been or will be used by the Schoolthat notifies parents of the alternative instructionoffered. (Reference Initial Charter P. 71 andEducation Law 3214(3)(e))

Evidence of Due ProcessThe School retains evidence that due process procedures arefollowed for all disciplinary action.

COMPREHENSIVE HEALTH AND PUPIL SERVICES, FOOD SERVICES, AND TRANSPORTATIONObservations/Comments:

! NYSED staff reviewed 10% (18) enrolled students files, and one student (A. Barrett) had an incomplete immunization record on file.! A defibrillator is on site and a staff attendance list was provided. However, the School did not provide evidence that the staff was

trained and received certification.! The School provides food and transportation services through the NYC DOE.

School Health ServicesNursing services are provided in accordance with the charter.

Medication is kept in a secure, locked storage cabinet.

All student medication is provided in its original container withspecific dosage instructions.Daily provision of medication is noted in a log.

An external defibrillator is on site, and staff has been trained in itsuse.

REQUIRED ACTION:The School must submit evidence of trained andcertified staff in the use of the external defibrillatorno later than December 1, 2009. (ReferenceEducation Law 2801-a)


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Student ImmunizationImmunization/ Health records are received for each student and areproperly maintained and updated.

REQUIRED ACTION:The School must provide a copy of a completeand up-to-date immunization record for A. Barrett.The School must ensure that every student that isenrolled in the School has an immunization record

on file and it is updated, in accordance with NYSPublic Health Law 2164(7)(a).

VADIR DataSchool submitted Violent and Disruptive Incident Reporting (VADIR)data in a timely fashion.TransportationTransportation services provided for all days of mandatoryattendance.Food ServicesFood services provided as described in the approved charter.

SPECIAL EDUCATION SERVICES


! The School was placed on probation by its authorizer for not complying with students IEPs in accordance with the services andtimelines outlined.

! NYSED reviewed six files for students with IEPs. Of the files reviewed, two student files (C. Eze grade K and E. Hinckson grade2) had missing or unknown IEP review dates.

Description of CSE referral proceduresThe School immediately initiates CSE referrals on students enrolledin the program who are determined to require updated IEP goals andobjectives, further evaluation, changes in program and/or related

service recommendations, and/or have incomplete or incorrect IEPs.

REQUIRED ACTION:The School must update all records requiringreview, further evaluation and/or changes in

program services. Evidence of the efforts must besubmitted no later than December 1, 2009.(Reference Education Law 2853(4)(a))

Communication of IEP ResponsibilitiesThe School assures that each appropriate teacher, related serviceprovider, and other individuals with IEP implementation responsibilityare informed of their specific responsibility related to implementingthe IEP and specific accommodations, program modification, and


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supports that need to be provided to the student.Implementation of Programs and Services

Programs and services for students with disabilities provided by theSchool are implemented within required timelines and in accordancewith their IEPs. (FAPE/LRE)

SEE ABOVE

Service/Program Providers

Special education programs and services are provided byappropriately certified/licensed individuals. (FAPE/LRE)


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REQUIRED DOCUMENTATION CHECKLIST

Were the required documentation for each section listed belowprovided by the School (prior to or on the day of the monitoring visit)?

YYes

NNo



Visit Date: Monday, April 6, 200928

CHARTER ESSENTIALS

Most recent annual report

Monitoring and oversight reports from the charter entity or any otherevaluative agency; and all written responses from the charter school to suchreports.

CURRICULUM, INSTRUCTION, AND ASSESSMENT

Achievement data disaggregated by the categories of gender, free/reducedlunch, special education, LEP, and at-risk.

The School must maintain disaggregated data in paperand/or electronic format

Classroom objectives posted.

Samples of student work (up to date and displayed).

BOARD OF TRUSTEE MEETINGS

Samples of Public Notifications The Board must distribute public notices for eachmeeting of the full board.

Template of the evaluation form that is used to assess the school leader(s) The Board must develop a formal method forevaluating the position of the school leader (HOS).

Each Board meeting minutes The Board must maintain clear and consistent boardminutes for each board meeting. Minutes are to beavailable as a public record.

Current list of members of BOT

Copies of revisions to by-laws (if applicable) The Board must inform its authorizer of any changes tothe by-laws that are not aligned to the approved schoolgovernance plan.

BOT agenda and data to supplement for meetings The Board must have an agenda for each meeting.Furthermore, it should maintain evidence of all data-driven decisions.

COMPLAINT PROCESS

Complaints received by BOT The School and the Board must maintain evidence ofall complaints that are submitted.

FISCAL

BOT Fiscal Policy Procedures


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YYes

NNo




List of People on the Finance Committee (minimum of 3)

Details pertaining to: petty cash; inventory management; accounts

receivable; and check signing.Money received from School Districts Timing of payments (six substantiallyequal installments each year beginning on the first business day in July andevery two months thereafter.)

Money received from private sources/ status of fundraising (if applicable)

SCHOOL GOVERNANCE STRUCTURE, INCLUDING PARENTAL & STAFF INVOLVEMENT

School Organizational Chart (Title and brief description of duties) The School must adhere to its approved schoolgovernance structure and staff organizational design.

School Leadership Team Roster (List of names and positions) SEE ABOVE

Copies of the Complaint Procedures The School must follow its approved complaintprocedures.

ADMISSIONS POLICIES AND PROCEDURES

A description of the procedures used to verify student residency

Materials pertaining to recruitment of students and conduct of admissionlottery. The following documents:

! Outreach materials ! Lottery procedures

! Admissions timeline ! Application form

! Enrollment form ! Evidence of good faith effort toattract LEP, ELLs and SWDs

SCHOOL DAY SCHEDULES

School Calendar

Daily Schedule for each grade

Support Services received or provided

PARENT AND COMMUNITY INVOLVEMENT PROGRAMS/ACTIVITIES

Parent Survey Results The School must disseminate parent satisfactionsurveys and gather the data.

Parent Newsletters

Copies of Materials Related to the Parent Organization (PTA File & Bylaws) The School must reorganize its PIC and develop by-


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YYes

NNo




laws for guidance in accordance with its approvedcharter.

Agenda from Parent Meetings/Workshops The School must support the PIC through meetings

and workshops in accordance with its approvedcharter. Such meetings/workshops should be sent inthe form of a notice, flyer and/or agenda.

Flyers for Parent Events SEE ABOVE

IDENTIFICATION OF LIMITED ENGLISH PROFICIENT STUDENTS

Copy of the HLS and results

SCHOOL FACILITIES

Map of the School

School Safety/Emergency Response Plan (SAVE)

Copy of Certificate of Occupancy

Copy of Fire Drill log

INSURANCE COVERAGE

Copy of Insurance Policy

QUALIFICATIONS OF TEACHERS AND OTHER STAFF

Building Staff Roster

Copies of Teacher Certifications, list of Non-Certified Teachers anddocuments to support qualification + Highly Qualified documents.

Evidence that required background checks have been completed for allemployees. The Board must submit evidence that the two staffnoted have up-to-date conditional clearances that aremaintained every 20 days until each receive fullOSPRA clearances.

PROFESSIONAL DEVELOPMENT

Copy of Professional Development Plan

Evidence of how staff uses the charter on regular basis.

Evidence of teachers participation in professional development activities(e.g., calendar of events)


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YYes

NNo




List of Activities

STUDENT DISCIPLINE PROCEDURES

Attendance Records

A copy of the Student Code of Conduct. The School must adhere to the approved disciplinepolicy in its charter.

Copy of student/family/school contract (if any).

List of Student Suspensions with Parent Notifications

Disciplinary Procedures (Due Process)

COMPREHENSIVE HEALTH AND PUPIL SERVICES, FOOD SERVICES, AND TRANSPORTATION

Evidence of VADIR submission

Medication log

List of staff trained on External defibrillator The School must submit evidence of its staff that havebeen trained and certified in the use of the externaldefibrillator.

SPECIAL EDUCATION SERVICES

List of students with an IEP

List of students receiving accommodations under Section 504 and copies ofplans

Accommodations provided under Section 504 and all other appropriateprograms and services

Disciplinary Procedures (Due Process)

ENYPCS Comprehensive Monitoring Visit Report - 11.05.09

Documents