When trying to count charter schools, the math gets complicated |
On Board Online • January 26, 2015
By Cathy Woodruff
Senior Writer
In his State of the State address, Gov. Andrew Cuomo proposed bumping up the cap on the number of charter schools that can be authorized in the state by 100 more schools.
But with a total of 460 charters allowed under the current cap and just 248 charter schools open, it's reasonable to wonder why anyone would be talking about raising the cap.
Since 460 minus 248 equals 212, doesn't that mean that plenty of charters remain up for grabs?
Well, no.
Calculating the precise number of charters available for schools in New York calls for a session of what might be called Charter Cap Math.
First, it helps to know that two state charter cap laws passed in 2007 and 2010 designate differing sets of authorizing entities and differing restrictions on approval. Not all charters that have been authorized under those two laws count toward the cap.
The 2007 law updated the Charter School Act of 1998. In addition to designating charters available for
approval by the Board of Regents and by the SUNY Board of Trustees, that law allotted 75 charters for authorization by the New York City Department of Education, but only 67 of those counted toward the cap. It also allotted two to be authorized by the Buffalo Board of Education, but only one counted toward the cap.
Next, it's important to know that public schools that are converted to charters don't count toward the cap.
Also, consider that about two dozen charter schools have closed and most of the closed charters still count toward the cap - although Cuomo has proposed changing that.
Also, 37 schools have been approved to open this school year or later, and that also counts toward the cap.
Complicating the picture further, the new charters allowed under the 2010 law were split between two approval entities, the State University of New York and the Board of Regents, and those charter allotments were split between New York City and the rest of the state.
So, after accounting for all of the variables, data analysis from the State Education Department data shows:
- Total charters remaining, statewide (based on the 2010 law): 158
- Charters remaining in New York City: 24
- Charters remaining outside of New York City: 134
There should be an asterisk next to all of those numbers, though, to reflect the 2007 law. One charter remains available for approval by SUNY under the 2007 legislation, and the location is not restricted. That could raise the number of charters available by one in New York City or in the rest of the state, but not both.
The availability of charters in New York City is the key issue when people talk about raising the cap, because that's where charters are most popular. New York City is home to 197 (nearly 80 percent) of the state's 248 operating charter schools.
Under the 2010 law, the Regents still have 88 potential charters available to award, including 24 for New York City. However, charter applicants in New York City clearly prefer to apply to SUNY. The number of charter schools in the city authorized by SUNY (98) is more than triple the number of those authorized by the Regents (30).
While SUNY has 70 charters left to award under the 2010 law, none are for New York City. Cuomo has proposed ending geographic limits on where charters can be located, however.
So far, legislative leaders have not expressed strong interest in raising the cap.
"Is it necessary? All the charter schools are below the cap right now," Assembly Speaker Sheldon Silver responded when reporters asked him about the issue this month. "There's room for more schools to be opened. So, I don't know how necessary raising the cap is at this point."