Reopening of Appeal of KIPP BRONX CHARTER SCHOOL II from action of the New York City Department of Education regarding school utilization

 

Reopening of Appeal of KIPP BRONX CHARTER SCHOOL III from action of the New York City Department of Education regarding school utilization.

Decision No. 18,030

(August 12, 2021)

Pillsbury Winthrop Shaw Pittman LLP, attorneys for petitioners, Jeffrey P. Metzler, Esq., of counsel

ROSA., Commissioner.--Pursuant to section 276.8 (c) of the Commissioner’s regulations,[1] I hereby determine that Appeal of KIPP Bronx Charter School II (60 Ed Dept Rep, Decision No. 17,994) and Appeal of KIPP Bronx Charter School III (60 Ed Dept Rep, Decision No. 17,995), dated June 2 and 3, 2021, respectively, must be reopened with respect to the extent to which the schools therein are authorized to serve students in grade four.  All other aspects of the original decisions remain unaffected.[2]

In the prior decisions, I found that KIPP Bronx Charter School II (“KIPP Bronx II”) and KIPP Bronx Charter School III (“KIPP Bronx III”) were authorized by their charter entity, the Board of Trustees of the State University of New York (“SUNY”), to serve students in kindergarten through grade 8, with the exception that KIPP Bronx III was not authorized to serve grade 4.  Both KIPP Bronx II and KIPP Bronx III requested rental assistance from DOE, and DOE failed to offer KIPP Bronx II and KIPP Bronx III space, at no cost to the schools, in violation of Education Law § 2853 (3) (e).  As a result of these findings, and in accordance with Education Law § 2853 (3) (e) (5), I ordered DOE to pay KIPP Bronx II and KIPP Bronx III rental assistance based on student enrollment during their current charter terms and any subsequent renewal terms, provided that, in any such renewal terms, the charter schools serve the grades encompassed by the charter referenced therein.  KIPP Bronx III had requested rental assistance for kindergarten through grade 10, but I determined that its request for grade 4 was premature, as “the record herein—including the petition, which states that petitioner is ‘authoriz[ed] to serve students in grades K-3 and 5-10 through the end of the charter term’—as well as the New York State Education Department’s records, indicate that [KIPP Bronx III] is currently authorized by the State University of New York to serve students in kindergarten through grade 3 and grades 5 through 10.”  Thereafter, the New York State Education Department was made aware of new and material information, which was not available at the time when the decisions were rendered, reflecting that: (1)  KIPP Bronx III is authorized to serve grade 4; and (2) KIPP Bronx II is not authorized to serve grade 4. 

Based on this information, I have determined that, pursuant to a revision to KIPP Bronx II’s and KIPP Bronx III’s charters, KIPP Bronx II is currently authorized to serve students in kindergarten through grade 3 and grades 5 through 8, and KIPP Bronx III is currently authorized to serve students in kindergarten through grade 10.  Accordingly, Decision No. 17,994 is hereby modified to reflect that KIPP Bronx II is not currently authorized to serve grade 4, and Decision No. 17,995 is hereby modified to reflect that KIPP Bronx III is currently authorized to serve grade 4.  As a result, the award to KIPP Bronx III is modified such that DOE is ordered to pay KIPP Bronx III for the requested rental assistance for kindergarten through grade 10 in each year of the charter term and any subsequent renewal term; provided that, in any such renewal term, the charter school serves the grades encompassed by the charter referenced therein, an amount attributable to the formation of the new charter school that is calculated in accordance with the formula set forth in Education Law § 2853 (3) (e) (5).

IT IS ORDERED that Decision No. 17,994 is reopened and modified to the extent indicated above.

IT IS ORDERED that Decision No. 17,995 is reopened and modified to the extent indicated above.

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