Newark Board of Education Where Passion Meets Progress Roger Lec'm Superintendent December 13, 2019 Dr. Lamont Repollet, Commissioner New Jersey Department of Education PO. Box 500 Trenton, NJ 08625-0500 RE: People?s Prep Charter School Charter Renewal Application Dear Commissioner Repollet: Please accept these comments on behalf ofthe Newark School District in response to the charter renewal application submitted by People?s Prep Charter School, in accordance with 2.3. For the reasons set forth herein, we recommend and request that the application be denied. The application should be denied for five reasons, and any one of these reasons is sufficient to deny the application. Here are the five reasons: renewal of People?s Prep would exacerbate the already great strain on the district schools of Newark; People?s Prep fails to enroll and serve a cross?section of Newark?s school-age population; People?s Pr'ep?s enrollment is in violation of its charter; (4) People?s Prep has repeatedly violated provisions of the law and the Newark Enrolls Memorandum of Understanding pertaining to the admissions and enrollment process; and People?s Prep is currently in violation of its facility lease with the Newark Board of Education. (1) Renewal of People?s Prep would exacerbate the already great strain on the district schools in Newark. As a threshold matter, we respectfully submit that the Commissioner should deny any and all applications for new charter schools and charter renewals unless an applicant shows that it would serve, or currently serves, a specific educational need. Charter schools in Newark currently serve one third of the District?s total student population. By 2023, charter schools are projected to serve over 50% of the District?s total student population, based on charter applications and amendments approved prior to 2018. While a comprehensive study of the impact of the charter school program on Newark?s students, staff, parents, educational programs, and finances has never been conducted,1 the fiscal and programmatic impact of such a 1 In the Charter School Program Act, the Legislature required a comprehensive study of, among other things, such impacts of the State's charter school program. 765 Broad Street - Newark, New Jersey 07102 - 973-733-7116 - Dr. Lamont Repollet, Commissioner December 13, 2019 2 a large proportion of the District?s students being served in charter schools is indisputable.2 A study by the Rutgers University Bloustein School of Policy and Planning states that in 2017?2018, charter payments were anticipated to account for 23% of the Newark School District?s total revenues. In fact, they account for approximately 30% ofthe District?s 2019?2020 budget. As that budget is barely sufficient to meet the District?s needs, the impact of such a large payment stream cannot be understated. A study published by the Economic Policy Institute discusses the impact of charter school expansion on students in predominantly urban, predominantly low-income urban areas such as Newark: . Few are paying attention to the breaches oflegal rights of students, parents, taxpayers, and employees under the increasingly opaque private governance and management structures associated with charter expansion. - Expansion ofcharter schooling is exacerbating inequities across schools and children because children are being increasingly segregated by economic status, race, language, and disabilities and further, because charter schools are raising and spending vastly different amounts, without regard for differences in student needs. Often, the charter schools serving the least needy populations also have the greatest resource advantages. . With the expansion of charter schooling, public districts are being left with'legacy debts associated with capital plants and employee retirement systems in district schools while also accumulating higher risk and more costly debt in the form of charter school revenue bonds to support new capital development.3 Each ofthese impacts is apparent in Newark, given the expansion of charter schools in the District in recent years. People?s Prep?s application fails to show that renewal of its charter would have any positive impact on the Newark School District or its students, or that the school?s continued existence would have any impact in Newark other than to exacerbate the already great strain on the district?s schools. The application shows that there is nothing distinctive or innovative about its educational program, nor does the school serve any underserved population. Thus, the school cannot be found to serve the purpose of the Charter School Program Act, which is to assist in promoting comprehensive education reform ?by providing a mechanism for the implementation of a variety of approaches which may not be available in the traditional public school classroom.? 2 The author of Left Behind? acknowledges that "charter school growth is indeed challenging district budgets? in Newark and Camden. 3 Bruce D. Baker, ?Exploring the consequences of charter school expansion in US. cities,? Economic Policy Institute (2016], available at 765 Broad Street Newark, New Jersey 07102 - 973-733-7116 - Dr. Lamont Repollet, Commissioner December 13, 2019 3 Page More specifically, charter schools are intended and expected to [among other things) "encourage the use of different and innovative learning methods.? Mi- As People?s Prep offers no such different or innovative methods, or any educational approach or methods unavailable in the district schools, the renewal application fails to demonstrate any need for the school?s continued existence that might justify its negative fiscal impact. (2) People?s Prep fails to enroll and serve a cross-section of Newark?s school-age population. People?s Prep?s academic offerings are a serious concern, and should alone provide a basis for non-renewal ofits charter. See See also 18Az36A-8e (?The admission policy of the charter school shall, to the maximum extent practicable, seek the enrollment of a cross?section ofthe community?s school age population including racial and academic factors?) Data in the renewal application shows that the school currently fails to address the educational needs of Newark?s most vulnerable students, those with special needs and those identified as English language learners. These students comprise disproportionate segments ofthe student population in District schools.4 As to students with special needs, the renewal. application narrative states on page 1 that ?about 25%? of the school?s population is students with disabilities. It specifies on page 2 that the number is 85 students, 22.73%. However, the description of the school?s special education program, on page 29 of the application narrative, shows that none of the school?s students receive intensive special education services. It makes no mention of students with severe learning disabilities, autism, behavioral disabilities, or those who are medically fragile, and it seems clear that the school has no programs in place to serve students with such needs, although those students make up a large proportion ofthe special education population in district schools. The quality of the special education programs offered by the school is inadequate. The application narrative states that ?all? of the instructional staff "is trained in best practices for educating students with learning differences,? and it mentions two special education teachers who ?provide our staff with additional support and expertise.? Only two certified teachers of students with disabilities are woefully inadequate for providing appropriate special education programs for 85 eligible students, regardless ofthe students? specific classifications. Ifthe school does not serve the entire spectrum of students with disabilities those with severe needs as well as those who 4 Research conducted at the Rutgers Bloustein School of Planning 8: Policy shows that the proportion of special needs students has historically been far lower in charter schools than in district public schools. According to the Bloustein School?s report, Newjersey Charter Schools: A Data-Driven View, the percentage of students with special needs in Newark?s District schools is approximately 40% higher than in Newark?s charter schools, and the percentage of Newark students with high-cost disabilities is approximately 17% higher in District schools than in the District?s charter schools. Even more startling, according to the same report, the percentage of students identified as English language learners is approximately 11 times greater in Newark?s District schools than in the District?s charter schools. 765 Broad Street - Newark, New Jersey 07102 - 973?733-71 16 - Dr. Lamont Repollet, Commissioner December 13, 2019 4 Page may be served with less significant supports and it has the inordinately low pupil-teacher ratio indicated by its application narrative, it cannot be said to serve a cross?section of the community?s school?age population. As to English language learners, the application narrative states, on page 30, that the school?s ?programs and services are matched to our individual students? needs.? But the School I Performance Summary Report shows that the school population included ZERO English language learners in the 2017?2018 school year. The narrative further shows that 12 students requiring ELL services enrolled in the school at the beginning ofthe 2018-2019 school year, but their number fell by a full one third, to eight students, by the end of that school year [see page 30, page 5 Such a significant drop suggests that the programs and services provided by the school for those students were inadequate. Indeed, the budget narrative in the renewal application lists ZERO bilingual education or ESL teachers in any of the proposed five charter renewal years, indicating that the school does not plan to even try to meet the needs of this segment of the population. People's Pren?s enrollment is in violation of its charter. By its own admission in the renewal application, People?s Prep?s enrollment is in violation of its charter by a wide margin. Its application narrative acknowledges that the school?s maximum authorized enrollment is 380 students, and the budget summary and cash ?ow schedule are based on that number, but the application also shows that the school?s actual enrollment in the current school year is well over the approved maximum enrollment in ninth and tenth grades and overall. The approved maximum and actual enrollments for 2019-2020, as shown in the renewal application, are as follows: Approved Maximum Enrollment Actual Enrollment Grade 9 95 136 Grade 10 95 114 Grade 11 95 86 Grade 12 7_5 TOTAL 380 411 Since People?s Prep only receives tuition for all of its enrolled students based on its charter, the financial impact on the District of those 31 additional students is severe. The loss of 31 students has a significant programmatic impact. In any event, such ?agrant disregard for the terms of the school?s charter on a provision as essential as the school?s maximum enrollment is grounds for non-renewal. 5 In contrast, the District?s School Performance Summary Report shows that its student population included 11.9% English Language learners in 2017?2018. That number increased to 13% in 2018- 2019 and 16% in 2019?2020. 765 Broad Street - Newark, New Jersey 07102 - 973-733-7116 . Dr. Lamont Repollet, Commissioner December 13, 2019 5 Page People?s Prep has repeatedly violated provisions of the law and the Newark Enrolls MOU pertaining to the admissions and enrollment process. Second only to the requirement to operate in accordance with its charter is the requirement that every charter school select students to attend using a random selection process if there are more applications to enroll in the school than there are spaces available. By failing to administer its waiting list in accordance with the terms of the Newark Enrolls MOU 126., by failing to enroll only those students entitled to enrollment based on their numberon the waiting list after the close ofthe on-line enrollment period People?s Prep has violated this statutory requirement. People?s Prep is one of 11 charter schools participating in the Newark Enrolls universal enrollment system pursuant to the MOU executed on behalf of the District and each participating charter school. The Newark Enrolls on-line application system matches students to schools based on each student?s stated preferences, and it establishes a waiting list by random selection for every participating school for which there are more applications than spaces available. Each participating charter school may enroll students directly [rather than on line] after the close of the initial on-line match period. Any charter school which has available spaces is required to admit students based only on their placement on the waiting list, pursuant to the statutory provision cited above and the MOU. Through the School District?s administration of the Newark Enrolls system and the registration process, its staff has frequent communication with each participating charter school. Through such communication, the School District staffis aware that People?s Prep has enrolled large numbers of students without regard to their placement on the waiting list. School District staff have informed the People?s Prep staffthat such enrollments are impermissible, and that it is imperative that participating schools follow the process outlined in the MOU so that all are aligned with the same system and procedures. People?s Prep?s failure to do so has resulted in the school?s over?enrollment, and even if it did not, failure to select students from a randomly-created waiting list is another instance of disregard for the terms of the law and the MOU. People?s Prep is currently in violation of its facility lease with the Board Of Education. As described in the renewal application, People?s Prep participates in a ?co-location? arrangement by which it occupies a portion of a school building owned by the District. Specifically, pursuant to a lease with a term ending June 30, 2020, People?s Prep is entitled to exclusive occupancy of 35,041 square feet and shared occupancy of 17,466 square feet in a building formerly known as Camden Middle School, which is also occupied by a district school, Bard Early College High School." Upon careful review, we have become aware that People?s Prep has for some time failed to observe the limits of the premises to which it is entitled under the lease. School District officials have discussed this matter with the People?s Prep administration and attorney, and the dispute remains unresolved. Such disregard and violation of the lease provisions will constitute grounds for non?renewal of the lease upon its expiration. 765 Broad Street - Newark, New Jersey 07102 - 973-733-7116 - Dr. Lamont Repollet, Commissioner December 13, 2019 6 a Another ground for non-renewal is that the school?s continued "co-location? in the Camden Middle School building will significantly interfere with the District?s ability to "deliver the highest quality educational services to its students.? The lease provides that such determination is within the District?s sole discretion, provided that the determination is ?reasonable.? People?s Prep?s continued occupancy of a part of the Camden Middle School building certainly interferes with the District?s ability to deliver the highest quality services to its students, as its early college high school program cannot expand with People?s Prep in the same location, especially if People?s Prep occupies more ofthe premises than it is entitled to under the lease.6 The budget summary presented in the school?s renewal application is questionable at best, because it does not account for these violations or the likely need to vacate the premises at Camden Middle School. For all these reasons, we respectfully recommend that the charter renewal application submitted by People?s Prep Charter School be denied. Thank you for your attention to this matter. Respectfully, cc: Newark Board of Education Honorable Ras I. Baraka Joseph Zarra Julie Bunt People?s Prep Charter School 6 We. are aware and applaud families who "vote with their feet.? Bard Early College High School serves 600 students, 220 more than the People?s Prep authorized maximum. Bard outperforms People?s Prep on the indicator most relevant to People?s Prep?s mission, college enrollment. According to its School Performance Summary Report, 71.1% ofthe 2018 graduates of People?s Prep enrolled in college, whereas 86.2% ofBard?s graduates did so. Additionally, one hundred percent of Bard?s students are enrolled in college courses while in high school. These facts further show that there is nothing distinctive about People?s Prep, as discussed above. 765 Broad Street Newark, New Jersey 07102 - 973-733-7116