ECC Resolution to Support Bill S.7666A and Protect the Charter Cap

RESOLUTION TO SUPPORT LEGISLATION TO PROTECT THE CHARTER CAP

S.7666A/A.8801

January 21, 2022

The Education Council Consortium (ECC) is a grassroots group of parents, advocates and community members working toward realizing the vision of a New York City public school system that is equitable, inclusive, antiracist and free of all forms of oppression and that provides an appropriate and humane education for all students in New York City.

WHEREAS, for the reasons set forth below, Education Council Consortium (ECC) hereby resolves to support the following amendment to the New York State Charter Schools Act of 1998^[1], the “Law,” that would protect the statutory cap on the number of charter schools authorized in New York City and improve accountability and transparency of charter schools authorized in the State of New York and the City of New York;

WHEREAS, S.7666A/A.8801, introduced by Sen. John Liu, amends §2852(5)(b) of the Law to provide the New York State Board of Regents with final approval authority over all proposed and renewed charter schools^[2];

WHEREAS, S. 7666A/A.8801 closes the loophole in the Law that allows the Board of Regents to send unlawful SUNY charter school recommendations back only once. Currently, if SUNY disregards some or even all of the Board of Regents recommendations and resubmits the charter recommendation, the charter would automatically be issued by process of law after a 30-day waiting period;

WHEREAS, in 2020, ECC voted to support similar legislation introduced by Sen. Robert Jackson (S.5734)^[3] in a Resolution to Support Legislation on Charter Accountability and Transparency;

WHEREAS, the Board of Regents is responsible for the general supervision of all educational activities within the State, presiding over The University and the New York State Education Department;

WHEREAS, the Board of Trustees of the State University of New York (SUNY) and the Board of Regents currently have dual authority to issue charters under the Law;

WHEREAS, the SUNY Board of Trustees are appointed by the Governor;

WHEREAS, Board of Regents are elected by the New York State Legislature to represent judicial districts across New York State;

WHEREAS, SUNY has a history of actions that disregard state education laws;

WHEREAS, in July of 2021, SUNY attempted to circumvent the charter school cap by approving the creation of Vertex Partnership Academies;

WHEREAS, the application for Vertex Partnership Academies purported to be a revision of two other charter networks, but actually created a new, separate school with accountability, funding and operations entirely unconnected to the existing charter schools;

WHEREAS, Vertex Partnership Academies own website stated the proposal would allow them to operate another school despite the cap on charters^[4].

WHEREAS, the New York State Board of Regents had already determined that the application for Vertex Partnership Academies violated the current statutory limit on charter schools;

WHEREAS, in 2017, SUNY attempted to create its own reduced teacher certification standards in violation of statutory requirements^[5]. SUNY’s standards eliminated the requirement to take and pass the New York State teacher certification examination as set forth in the Commissioner’s Regulations (8 NYCRR §52.21, Part 80) and eliminated the student teaching requirement among other changes;

WHEREAS, SUNY authorizes “no-excuses” charter schools that do not comply with state and federal laws regarding student discipline^[6];

WHEREAS, SUNY authorizes charters that opposed the Law permitting state audits while accepting tax payer dollars^[7];

WHEREAS, SUNY has demonstrated a disregard for community and Board of Regents opposition^[8] as evidenced by SUNY’s recent approvals of the Academy Charter School in Wyandanch and the South Shore Charter School in Central Islip^[9];

WHEREAS, the power to authorize charters gives SUNY the power to force localities to fund multiple school systems free of any voter accountability;

WHEREAS, SUNY’s shared power to authorize charters confuses the public and contradicts the mission of the Board of Regents to oversee all education activities within the state;

WHEREAS, bios list only one member of the SUNY Board of Trustees ever employed by a school district in the state of New York and one member employed in private parochial schools, but the remaining Trustees list no K-12 education experience;

WHEREAS, the Board of Regents is principally comprised of former public school teachers, administrators, district superintendents, and even a former CEC member;

WHEREAS, the ECC voted to Oppose an Increase in the State Charter School Cap and City Charter School Subcap in 2019. Similar resolutions were passed by the ECC, the Citywide Council on Special Education (CCSE) and eleven other CECs including CEC1, CEC3, CEC4, CEC5, CEC6, CEC8, CEC13, CEC17, CEC19, CEC21, and CEC32;

WHEREAS, over 80% of the state’s charters operate in New York City^[10];

WHEREAS, enrollment is declining across New York City^[11]; and

WHEREAS, any increase in the statutory cap will lead to under-resourced schools and school closures.

The Education Council Consortium, therefore,

RESOLVES, that the New York State Charter Schools Act of 1998 and affected laws should be amended in accordance with New York State Senate bill S.7666A/A. 8801;

RESOLVES, that the Board of Regents be the only charter authorizer in New York State; and

RESOLVES, that New York State maintains the statutory cap on the number of charters authorized in New York City.

We respectfully ask the Governor, Mayor, Members of the New York State Senate and Assembly, the New York State Board of Regents, the Chancellor of the New York City Department of Education, the Board of Trustees of the State University of New York, and our local City Council Members to support S. 7666A/A. 8801 as an amendment to the New York State Charter Schools Act that protects the charter cap and increases charter school transparency and accountability.

Approved unanimously by the Steering Committee on January 21, 2022

CC:

The Honorable Governor Kathy Hochul

The Honorable Mayor Eric Adams

New York State Senate Majority Leader Andrea Stewart-Cousins

New York State Assembly Speaker Carl E. Heastie

Education Committee Chair, New York State State Senator Shelley Mayer

Education Committee Chair, New York State Assembly Member Michael Benedetto

New York City Education Committee Chair, New York State State Senator John Liu

New York State State Senator Robert Jackson

New York State State Senator Brad Hoylman

New York City Comptroller Brad Lander