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CHARTER SCHOOL ACCOUNTABILITY COMMITTEE

DELAWARE DEPARTMENT OF EDUCATION

FREIRE CHARTER SCHOOL

NEW APPLICATION TO OPEN IN 2015 (First charter renewal September 2018)

INITIAL REPORT

CSAC Initial Meeting: January 28, 2014 CSAC Initial Report Published: February 24, 2014

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In July 2013, Governor Jack Markell signed H.B. 165 into law, bringing sweeping changes to Delaware’s existing charter school laws. This legislation included a number of provisions to strengthen the rigor of the application process for new charter schools, including additional requirements for the charter school application and heightened approval criteria. Per the charter school law, a charter school application must meet all of the criteria outlined in 14 Del. C. §512 to be approved. Per 14 Del. C. §511(e), the first Charter School Accountability Committee (CSAC) meeting provided each applicant whose application was deemed sufficient to receive a full review an opportunity in for an interview in support of the application, and provided the members of the CSAC and the Delaware Department of Education with an opportunity to assess applicant capacity, allow the applicant to clarify information provided in the application, and gather additional information. This Initial Report is intended to provide each applicant receiving a full review with a summary of the areas of follow-up, and/or concerns identified by members of the CSAC during their individual reviews of the charter application against the approval criteria outlined in 14 Del. C. §512. Areas that are marked “No concerns noted at this time” mean that evidence provided in the application was sufficient and no follow-up questions were asked of the applicant around that particular question of the application.

Each applicant shall have the opportunity to review and comment on the committee’s report. Comments are due to the Delaware Department of Education’s Charter School Office no later than 11:59 p.m. on Tuesday, March 11, 2014. All materials must be combined into a single PDF document, and emailed to Jennifer.Nagourney@doe.k12.de.us. The following were in attendance at the Initial Meeting of the CSAC on January 28, 2014: Voting Committee Members of the Charter School Accountability Committee

Tasha Cannon, Deputy Officer Talent Recruitment, Selection and Strategy, Teacher & Leader Effectiveness Unit (TLEU), DDOE

Karen Field-Rogers, Associate Secretary, Financial Reform & Resource Management, DDOE (Chair to the Committee)

Barbara Mazza, Education Associate, Exceptional Children Resources, DDOE

April McCrae, Education Associate, Education Associate, Science Assessment and STEM, DDOE

Staff to the Committee (Non-voting)

Catherine Hickey, Deputy Attorney General, Counsel to the Committee

Jennifer Nagourney, Executive Director, Charter School Office, DDOE

John Carwell, Education Associate, Charter School Office, DDOE

Brook Hughes, Education Associate, Financial Reform Resources, DDOE

Chantel Janiszewski, Education Associate, Charter School Office, DDOE

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Sheila Kay-Lawrence, Administrative Assistance, Charter School Office, DDOE Ex-officio Members (Non-voting)

Kendall Massett, Executive Director, Delaware Charter School Network

Donna Johnson, Executive Director, Delaware State Board of Education Representatives of the Proposed Charter School

Kelly Davenport, Freire-Philadelphia Head of School, would become CEO of Build the Future (CMO)

Tom Caramanico, Freire-Philadelphia Board Chair

Gerald Escovitz, Freire-Wilmington Board Chair, Freire-Philadelphia Vice Chair

William Porter, Freire-Wilmington Head of School

Paul Ramirez, Freire-Philadelphia Founding Board member

Felicia Wenell, Freire-Philadelphia Founding Board member

Tammy Khleu, Freire-Philadelphia Business Manager

Julia Regan Fanelli, Assistant to Freire-Philadelphia Head of School

Taja Mack, Freire-Philadelphia student

Dymond McQueen, Freire-Philadelphia student

Tyrone Williams, Freire-Philadelphia student

Jarred Jallah, Freire-Philadelphia student

Michelle Lambert, Finance Support

Brett DiClemente, Real Estate

Deborah Stein, Freire-Philadelphia curriculum

Steve Gendler, Real Estate

Alex Schuh, Ph.D., Freire-Philadelphia Assessment Advisor

Laurisa Schutt, Executive Director, Teach For America

Christina Cannon, Executive Director, Arsht-Cannon Fund

Debbie Doordan, Executive Director, Innovative Schools

Dawn Downes, Innovative Schools

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1.1 Executive Summary

14 Del. C. §§ 512 (1), (2), (3), (5) and (6)

The purpose of the Executive Summary is to provide a high level overview of the application. The Executive Summary does not

receive a rating.

1.2 Founding Group and School Leadership

14 Del. C. § 512 (1)

Founding Group Membership

The following concerns were noted:

The applicant is advised that criminal background and Child Protection Registry checks are sent to the Department of

Education on an ongoing basis and will continue to be reviewed as they come in. For this reason, any concerns arising from

these documents will be raised at a later point in the process. The applicant does not have a signed charter contract with the

authorizer of its current charter school operating in Philadelphia, which has delayed the renewal of its charter. The last

charter term expired June 30, 2013, but the school continues to operate.

The applicant mentioned during the CSAC initial hearing that they have not yet signed their Philadelphia charter contract

because they have concerns about several sections of the application, including the accountability measures. The applicant is

requested to provide additional information about which of that contract’s accountability measures are raising such

concerns, and what those concerns involve.

Principal, Founding Group, School Leader and Leadership Team

The following concerns were noted:

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The application does not contain evidence of alignment of the recruitment/selection model with the school’s vision/mission

(page 5-1).

1.3 Education Plan

14 Del. C. §§ 512 (4), (5), (6), (7), (8) and (11)

Curriculum and Instructional Design

The following concerns were noted:

The application’s science curriculum does not align with Delaware standards (see Exhibit A for details)

The application’s social studies curriculum does not align with Delaware standards (see Exhibit A for details)

The application’s world languages curriculum does not align with Delaware standards (see Exhibit A for details)

The application’s visual and performing arts curriculum does not align with Delaware standards (see Exhibit A for details)

The application’s health curriculum does not align with Delaware standards (see Exhibit A for details)

The application lacks evidence of alignment between the social studies course offerings described and the minimum

components of the state standards (see Exhibit A for details).

The application does not appear to address civics or geography or economics (page 3-15).

The application does not appear to address Personal Finance, which is not required, but is part of the recommended

curriculum (Attachment 4).

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Student Performance Goals

The following concerns were noted:

The application does not address the Smarter Balance assessment that will be used the year the applicants propose to open

(page 3-4).

The application states that students will be prepared for the End of Course Biology assessment, but this is not required

assessment in Delaware (page 3-7).

The applicant is advised that the Grade 10 Summative Assessment for Science is required with as close to 100% participation

as possible (page 3-7).

The applicant is requested to provide additional information regarding the proposed plan to use the ACT assessment instead

of the SAT (page 4-1).

High School Graduation Requirements

The following concerns were noted:

The applicant is requested to provide additional information about the “Academic Success Pathway” described in the

application, and weather it has been approved as a “Career Pathway” to align with Delaware graduation requirements (page

3-16).

Special Populations and At-Risk Students

The following concerns were noted:

The applicant is requested to provide additional information regarding the school’s policies, practices, and procedures

regarding discipline of students with disabilities including, but not limited to, manifestation determination, Functional

Behavior Assessments, Behavior intervention Plans, and the process for ensuring regulations and procedural safeguards will

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be followed concerning timelines, suspensions and expulsions. (page 3-36) Refer to:

http://regulations.delaware.gov/AdminCode/title14/900/926.shtml

The applicant is requested to provide additional information regarding transition planning for students with IEPs including

but not limited to Student Success Plans, measurable post-secondary goals, and participation of a Career/Tech Ed Teacher at

all IEP meetings for students 14 years old or entering the 8th grade and older (page 3-44). Refer to:

http://regulations.delaware.gov/AdminCode/title14/900/925.shtml;

http://www.doe.k12.de.us/infosuites/students_family/specialed/transition/default.shtml

Student Discipline (not discussed during CSAC Initial Meeting, notes reflect DDOE review)

The following concerns were noted:

It is unclear what would happen to a student who was “asked to leave the community” but did not withdraw voluntarily

(Student Code of Conduct, page 3-20 & page 3-24)

It is unclear what would happen to a student who was “asked to leave the community” if they were under a first-year charter

agreement and the home district will not enroll the student unless “good cause” exists under the statute (Student Code of

Conduct page 3-20 & page 3-24)

Anti-Bullying and Cyber Bullying Policy not compliant with 14. Del. C. 4112D and 14 Del. Admin. C. 624 (Student Code of

Conduct, pages 3-25 to 3-27).

The applicant is requested to provide at least 3 full school years of monthly student enrollment data and monthly data from

Freire-Philadelphia for the current school year, including the number of expulsions and voluntary withdrawals.

1.4 Performance Management

14 Del. C. §§ 512 (4), (5), (6) and (7)

No concerns noted at this time.

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1.5 Staffing

14 Del. C. § 512 (6)

Staff Structure

The following concerns were noted:

The applicant states that “all staff will receive group health insurance medical, dental and vision benefits at no additional

cost.” It is unclear if the applicant intends to pay the full share (state and employee) for employees. This language is not

consistent with the budget sheets and narrative (p. 5-2).

Staffing Plans, Management, and Evaluation

The following concerns were noted:

The applicant is requested to provide a detailed timeline for the teacher recruitment process (page 5-1).

Professional Development

The following concerns were noted:

The professional development plan described in the application (pages 5-4 to 5-5) conflicts with the budget sheets and

narrative. The Professional Development Plan states “Professional development is central to Freire as a college prep school

focused on college readiness benchmarks.” However, the budget narrative states “We consider Professional Development to

be a discretionary cost and make it available to staff when our budget allows for this spending. Since we will have only 31

staff members in Year 1, we don’t anticipate making it available this year. It is available in subsequent years on a limited

basis.”

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1.6 Governance and Management.

14 Del. C. §§ 512 (1), (2), (6) and (9)

Legal Status and Governing Documents

The following concerns were noted:

The applicant is requested to review the by-laws(Attachment 9) to ensure compliance with the restrictions of 14 DE Admin C

275.4.1.3.2, particularly in Article I, Sections 5, 7 and 9, to avoid any concerns about potential activities, such as religious

activities, which raise constitutional questions for public schools.

The applicant is requested to review Article II of the by-laws (Attachment 9) , especially Section 4, to ensure compliance with 14

DE Admin C 275.4.1.3.1. All committees of the Board, including those identified in Article IV, are subject to the Delaware

Freedom of Information Act for public bodies, including such things as notice, open meetings and minutes.

The applicant is requested to consider adding a reference to compliance with any other applicable laws in Article IX, Section 1, to

capture such things as 14 Del. C. § 512(16).

The applicant should note that the Delaware Public Integrity Commission has determined that Charter Schools are state agencies

and that both Board members and employees are subject to the State Employees Code of Conduct in Chapter 58 of Title 29 of

the Delaware Code.

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Governing Board

The following concerns were noted:

The application lists the CEO of the CMO as a board member of the new charter school, which indicates a potential conflict of

interest. Since the charter school’s Board of Directors hires the CMO, it would be inappropriate for the CMO to have a seat

on the charter board (page 2-1).

1.7 Parent and Community Involvement

14 Del. C. §§ 512 (1) and (6)

The following areas of concern were noted:

The application does not provide any direct evidence of confirmed interest in the school from prospective parents and

students (page 7-1).

1.8 Start-up and Operations

14 Del. C. §§ 512 (1), (8), (9), (10), (12) and (13)

The following concerns were noted:

It is unclear whether the applicants plan to use Pearson’s PowerSchool System to manage student records instead of using

eSchool, or in addition to eSchool (page 3-17).

The applicant is requested to provide a detailed timeline for the start-up process (Attachment 13).

The application’s transportation plan does not address transportation for students who do not live near DART bus stops

(page 8-1).

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1.9 Facilities

14 Del. C. § 512 (8) and (12)

The following concerns were noted:

The applicant is requested to provide confirmation on plan to locate in 900-920 North French Street and that a letter of

intent is currently progressing in the state process. Another charter school is interested in this property. Is there an

intention to co-locate? (page 9-1)

The applicant is also requested to provide additional information about alternative school locations.

1.10 Budget and Finance

14 Del. C. §§ 512 (8) and (9)

The following areas of concern were noted:

The applicant did not submit copies of the revenue estimate worksheets, so it is difficult to validate the information

presented in the budget worksheets. Using the information in Attachment 19: Business Plan, revenue estimate worksheets

were created; however, the amounts do not match what the applicant listed on the budget worksheet, so it is not clear if the

revenue figures used are accurate.

The budget sheets (Attachment 14) show deficits in Other Funds in Year 1 and Year 2.

The budget sheets (Attachment 14) show surpluses in Federal funds in years 1-4. It is unclear why balances would remain in

Federal funds.

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The contingency budget (based on 80% enrollment) shows deficits in Other Funds in Years 2, 3 and 4 (Attachment 14).

The budget (Attachment 14) seems to rely heavily on donations even after the planning year; however, the applicant did not

appear to submit a fundraising plan. Given the aggressive goals (over $400,000 per year in Years 3 & 4), it would be helpful to

understand how the applicant intends to reach these goals.

The budget narrative (Attachment 17) indicates that a teacher in the Philadelphia school will provide professional

development under the Title II grant and that a portion of her salary will be paid for with Title II funds. What are the logistics

of such an arrangement? Would this teacher be on the school’s payroll?

Federal funds budget narrative (Attachment 17) states that two positions will be paid with federal funds – line 4 and then

lines 5-12 state no positions are being paid from federal funds.

Other Funds budget narrative (Attachment 17) lists a $400,000 loan but there does not appear to be any information on the

terms or the loan repayment.

It does not appear that audit fees were included in the budget.

Staffing level seems high with the number of students.

Budget sheets (Attachment 14) mention a loan but any of the details on the loan, repayment schedule, interest rate or terms

were not readily apparent.

Application mentions Financial Position reports (page 10-3), required by Title 14, will be prepared and submitted to the

Department of Education. Charter schools are not required to submit these reports. Was the applicant referencing some

other reporting requirement?

Classroom Technology does not seem sufficient for the state assessment.

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Need clarification of whether or not the school is financially viable without the “challenge grant funding” listed from

Longwood (page 1-5) in the application.

2.5 Charter Management Company and Highly Successful Charter School Operator Supplement

14 Del. C. §§ 512 (1), (6), (8), (9), (10) and (11)

School Management Contracts

The following areas of concern were noted:

The CMO fee seems high. By year 4, the CMO fee is expected to be $462,560. The CMO fees do not include an additional

$60,000/year budgeted for HR, benefits, payroll, accounting, and financial reporting services (Michelle Lambert).

o In addition to the CMO administration services, the school also proposes to hire 7.00 Principal/Administrative

positions in the first year of operation. By year 4 the number increases to 11.00 positions. Explain the need for so

many administrative positions when the school has the administrative support of the CMO and is paying nearly

$500,000 per year for such services?

Conclusion:

Ms. Field-Rogers gave the reviewers the opportunity to restate any concerns about the application information and to clarify the

additional information requested.

Ms. Field-Rogers articulated the next steps in the new application process as follows:

The initial report of the CSAC will be released after the conclusion of the first set of public hearings on February 13, 2014.

(The date was changed to February 24 because of weather delays.)

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The initial report will be based on information the CSAC has received through its meeting on January 28, 2014. The

applicant’s response to the initial report is due no later than 11:59 p.m. on February 28, 2014. (The date was changed to

March 11 because of weather delays.)

The first public hearing is scheduled for February 10, 2014 beginning at 5:30 in the Carvel Building in Wilmington, 2nd floor

auditorium.

Final meetings of the CSAC will be held on March 6 and 7, 2014 at which time a final report with a recommendation will be

issued pursuant to Title 14 Chapter 5 Section 512. (The dates were changed to March 19 and 24 because of weather delays.)

Additional public hearings will be held on April 1 and April 2, 2014.

The process will conclude with the State Board of Education meeting on Thursday, April 17, 2014 where Secretary Murphy

will present his decision on each application.

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DDOE Charter School Office

Checklist for Curriculum Approval – New Application

Freire Charter School

Content Area

Approval Status with Recommendations Date Received

Mathematics

Meets approval January 24, 2014

ELA

Meets approval January 26, 2014

Science

Does not meet approval January 28, 2014

Social Studies

Does not meet approval – please see evaluation rubric provided by the reviewer; also, it is recommended that course titles be revisited.

January 23, 2104

World Languages

Does not meet approval (Note from reviewer: Freire Charter has provided three 3 units of study but NO scope and sequence for their Spanish courses. (Although a review of these units is not required, the units are not presented in a thematic manner via themes, big ideas and there is minimal evidence of alignment to Delaware proficiency level expectations and GLEs).

January 15, 2014

Visual and Performing Arts

Does not meet approval (Notes from the reviewer: Theatre - 1 semester course in Theatre of the Oppressed. While Delaware Standards were cited, Performance Level Expectations (PLEs) were bulleted in a long list and do not demonstrate alignment to the standards.)

January 27, 2014

Health

Does not meet approval (Note from reviewer - missing Standard #4 in their 8

th grade curriculum)

January 23, 2014

Physical Education

Meets approval January 23, 2014

Exhibit A

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CTE (if applicable)

N/A

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Delaware Department of Education

Charter School Scope and Sequence Review Rubric

One scope and sequence for each grade level and content area.

Scoring Category Meets Approval

Does Not Meet

Approval Notes

1. Timeline - order of instruction by calendar or by unit order

Please include:

Unit title

Approximate time frame to complete the unit

( number of days or weeks)

The document exhibits a

clear order of instruction

including the

chronological order of

units of instruction,

frequency and duration.

The document lacks

clarity in order of

instruction.

No clear order of

instruction.

2. THEME and BIG IDEA - transferable concepts, principles and theories that should serve as the focal point of curricula, instruction and

assessment

Please include:

A short narrative describing the unit

understandings and learning expectations

Themes and big ideas are

aligned and appropriate

in the document.

The document lacks

themes or big ideas.

Commended for an

innovative approach to

courses, e.g. World Cultures’

topics such as urban sprawl,

consumption, micro-

entrepreneurship.

3. DELAWARE STANDARDS ALIGNMENT- curricula, instruction and assessment based on the standards adopted for use by the

Delaware State School Board

Please include…

Detailed state level learning targets in each

unit of instruction e.g. Delaware Standards

(Common Core- Math, ELA, Next Generation

Science Standards ), Grade level expectations

(Health, P.E. and the elementary level Arts) or

proficiency level expectations (World

Full alignment to the

Delaware Content

Standards or benchmarks

is evident.

Full alignment to the

Delaware Content

Standards or benchmarks

is NOT evident.

Recommend that grade 8 be

a US History course to 1877.

(See the DRC US History

grade 8 syllabus.) Many

students entering this school

will in grade 8 will have

already had content of

School: Freire Content Area: Social Studies Grade: 8-12

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Scoring Category Meets Approval

Does Not Meet

Approval Notes

Languages & the secondary level Arts) or

benchmarks (Social Studies).

ancient civilizations.

More importantly, many of

the courses target instruction

in standards that do not

correspond with the existing

DPAS pre/post tests (e.g.

grade 6) or with the existing

DCAS end–of-course test in

US History. For DPAS, the

proposed school could build

their own pre/post tests and

submit to DDOE for

approval. But grade 11 US

History has an end-of-course

test attached to it that

measures standards which

are not targeted in these

documents.

Scoring Category Meets Approval

Does Not Meet

Approval

4. ESSENTIAL QUESTIONS- the most historically important issues, problems and debates in a field of study.

Intended to be thought provoking and meant to stimulate inquiry, debate and further questions

School: Freire Content Area: Social Studies Grade: 8-12

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Scoring Category Meets Approval

Does Not Meet

Approval

Please include:

Unit essential questions to guide inquiry and

investigation

The document includes

essential questions aligned

to the specified learning

targets.

Few or no essential

essentials questions are

included and/or essential

questions are not aligned

to the specified learning

targets.

5. ASSESSMENT-thorough and methodical analysis of student accomplishments against specific goals and criteria

Please include:

A plan for balanced student assessment measures e.g.

formative, summative

Evidence of both

formative and summative

assessment measures

aligned to standards.

No evidence of formative

and summative

assessment measures

aligned to standards.

Scoring Steps for Reviewer:

1. Note each Category rated as “Meets Approval” in submitted unit document (circle all that apply): 1- Met Not Met 2- Met Not Met 3- Met Not Met 4- Met Not Met 5- Met Not Met

2. All five criterion must be met to be considered approved.

School: Freire Content Area: Social Studies Grade: 8-12