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STATE OF NEW YORKSUPREME COURT COUNTY OF ALBANY

In the Matter of the Application of

Achievement Academy Charter School,Albany Community Charter School,Albany Leadership Charter High School for Girls,Albany Preparatory Charter School,Brighter Choice Charter School for Boys,Brighter Choice Charter School for Girls,Brighter Choice Charter Middle School for Boys,Brighter Choice Charter Middle School for Girls,Green Tech High Charter School,Henry Johnson Charter School, andKIPP Tech Valley Charter School,

VERIFIED PETITION

Index No.

RJI No.

Petitioners,

Albany County ClerkDocument Number 10896963Rcvd 06/01/2011 3:57:02 PM

11111111111111111111111111111111111111111111111111

-against

The City School District of Albany,

Respondent,

For a Judgment Pursuant to CPLR Article 78.

Achievement Academy Charter School, Albany Community Charter

School, Albany Leadership Charter High School for Girls, Albany Preparatory Charter

School, Brighter Choice Charter School for Boys, Brighter Choice Charter School for

Girls, Brighter Choice Charter Middle School for Boys, Brighter Choice Charter Middle

Schoolfor Girls, Green Tech High Charter School, Henry Johnson Charter School,

KIPP Tech Valley Charter School (collectively referred to as the "Charter Schools") as

and for their combined CPLR Article 78 proceeding and declaratory judgment action, by

their attorneys Bond, Schoeneck & King, PLLC, allege as follows:

268657.86/1/2011

PARTIES

1. Achievement Academy Charter School is a college preparatory

public middle school located at 42 South Dove Street in Albany, New York.

2. Albany Community Charter School is located at 65 Crank Street

Avenue in Albany, New York, and offers Kindergarten through 4th grade.

3. Albany Leadership Charter School for Girls is located at 19 Hackett

Boulevard in Albany, New York, and its mission is to prepare young women to graduate

from high school with the academic and leadership skills necessary to succeed in

college and the career of their choosing.

4. Albany Preparatory Charter School is a safe, small, high-quality

tuition-free public middle school located at 50 Summit Avenue in Albany, New York.

5. The Brighter Choice Charter School for Boys is located at 116

North Lake Avenue in Albany, New York, and serves inner-city children and offers

Kindergarten through 4th grade.

6. Brighter Choice Charter School for Girls is located at 250 Central

Avenue in Albany, New York, and serves inner-city children and offers Kindergarten

through 4th grade.

7. Brighter Choice Charter Middle School for Boys is located at 116

North Lake Avenue in Albany, New York and its mission is to prepare boys for high

school and college success while attending to the unique developmental needs of early

adolescents.

8. Brighter Choice Charter Middle School for Girls is located at 250

Central Avenue in Albany, New York and its mission is to prepare girls for high school

2 268657.86/1/2011

and college success while attending to the unique developmentål needs of early

adolescents.

9. Green Tech Charter High School is Albany's first public all male

college preparatory high school and is located at 321 Northern Boulevard in Albany,

New York.

10. Henry Johnson Charter School is a tuition-free public charter school

that is located at 30 Watervliet Avenue in Albany, New York. Henry Johnson serves

elementary students, Kindergarten through Grade 4.

11. KIPP: Tech Valley Charter School is a tuition-free, open enrollment

college preparatory public middle school located at 1 Dudley Heights in Albany, New

York.

12. Petitioner Charter Schools are authorized by the Regents of the

State of New York to conduct operations as charter schools pursuant to Article 56 of the

N.Y. Education Law.

13. The City School District of Albany ("ACSD") is located in Albany,

New York. The ACSD serves approximately 8,400 students in 15 schools, including 11

elementary schools, two middle schools, one prekindergarten-grade 8 school, one

comprehensive high school and a number of alternative education programs. The

administrative offices for the ACSD are located at Academy Park, Albany, New York.

BACKGROUND

14. Students who attend the Charter Schools reside in the ACSD as

well as surrounding school districts.

3 268657.86/1/2011

15. Pursuant to New York Education Law § 2856, the school district

where charter school students reside is responsible for paying the charter school the

charter school basic tuition rate for those students. Education Law § 2856 states: "The

school district of residence shall pay directly to the charter school for each student

enrolled in the charter school who resides in the school district the charter school basic

tuition."

16. In accordance with Education Law § 2856, the petitioner Charter

Schools each submit a report to the ACSD containing, for those students who attend

each respective charter school and reside in the ACSD, "enrollment, attendance,

membership and, if applicable, count of students with disabilities."

17. On a bi-monthly basis each Charter School submits an invoice to

ACSD accompanied by a spreadsheet containing the required data for students living in

the ACSD.

18. ACSD has a duty imposed upon it by law to remit tuition payments

directly to the Charter Schools at the charter school basic tuition rate for those charter

school students who reside in the ACSD. See 8 NYCRR §119.1(d)(2).

19. In accordance with 8 NYCRR §119.1 (d)(2) , these payments must

be made no later than the first business day of July, September, November, January,

March and May of the current academic year.

20. The charter school basic tuition rate is generated by a formula set

forth in Education Law § 2856 and calculated annually by the Commissioner of

Education.

4 268657.86/1/2011

21. For the 2010-2011 academic year the charter school basic tuition

rate per pupil equals the product of the school district's 2008-09 operating expense per

pupil (AOErr APU) multiplied by the percentage increase between the 2009-10

statewide total approved operating expense and the 2007-08 statewide total approved

operating expense.

22. On or about February 15, 2010 the New York State Education

Department ("NYSED") issued a directive titled: "Final 2009-2010 and Preliminary 2010-

11 Basic Tuition to be used by Public School Districts with resident students attending

Charter Schools." Attached hereto as Exhibit "A" is a copy of this directive.

23. This directive indicated that for the 2010-2011 academic year the

preliminary basic tuition rate for Charter School students who reside in the ACSD is

$14,072 per student.

24. Subsequently, in September 2010, NYSED issued a further

directive stating that the 2010-2011 charter school basic tuition rate of $14,072 was

finaL. Attached hereto as Exhibit "B" is a copy of this directive.

25. Most recently, on or about April 25, 2011, NYSED published

another directive entitled "Final 2010-11 and Final 2011-12 Basic Tuition to be used by

Public School Districts with resident students attending Charter Schools." Attached

hereto as Exhibit "c" is a copy of this directive which can be located at NYSED's

website at https:/Istateaid.nysed.gov/charter/htmLdocs/charter_1112_final.htm.

26. The September 2010 and April 2011 directives confirmed that the

preliminary and final basic tuition rate for charter school students who reside in the

ACSD was unchanged at $14,072 per student for 2010-2011.

5 268657.86/1/2011

27. Furthermore, the April 2011 directive sets forth the final charter

school basic tuition rate for the 2011-2012 academic year at $14,072 per student, the

same rate that applies for the 2010-2011 academic year.

28. The Charter Schools have a clear, legal right, to secure payment in

the amount of $14,072 per student for the 2010-2011 academic year, as well as the

2011-2011 academic year.

29. For the 2009-2010 academic year the charter school basic tuition

rate for charter school students residing in the ACSD was $11,712 per student, which is

$2,360 less than the current rate.

30. Throughout the 2009-2010 academic year the ACSD fulfilled the

duty imposed upon it by law by paying the Charter Schools $11,712 per charter school

student residing in the ACSD.

31. During the 2010-2011 academic year, however, the ACSD,

notwithstanding its knowledge that NYSED established the final basic tuition rate at

$14,072 per student, continued to pay the Charter Schools at the 2009-2010 rate of

$11,712 per student.

32. For each bi-monthly biling period during the. 201 0-2011 academic

year the ACSD paid each Charter School $393.33 less 1 per student than the amount it

is mandated to pay by both statute and regulation.

33. At the time the ACSD remits payment to the Charter Schools, it

issues a billng summary setting forth the amount invoiced by each Charter School and

the amount paid by the ACSD per student.

i At $14,072 per student, each bi-monthly payment per student is $2,345.33. At $11,712 per student,

each bi-monthly payment per student equates to be $1,952. The difference between the aforementionedamounts is $393.33 per bi-monthly billng.

6 268657.86/1/2011

34. A review of the payment summaries prepared by the ACSD clearly

ilustrate that the ACSD has paid the Charter Schools, throughout the 2010-2011

academic year, at a rate of $11,712 per student, not the statutorily and regulatory

mandated rate of $14,072 per student.

35. For example, in response to the invoices issued by the Charter

Schools in February and April 2011 which sought payment at a rate of $14,072 per

student, the ACSD in its corresponding March and May 2011 payments refused to

reimburse the Charter Schools at the statutorily mandated rate of $14,072 per student.

36. Additionally, beginning in May 2011, in response to invoices issued

by the Charter Schools, the ACSD purposefully failed to remit tuition payments to the

Charter Schools for newly enrolled students if the students were not listed on the

Charter Schools' prior invoice.

37. The ACSD advised the Charter Schools that before payment would

be remitted to the Charter Schools for any newly enrolled students, the Charter Schools

must first "forward to the District a copy of the proof of residence that you have obtained

with respect to each of these new students, in order to verify that the tuition as to these

students is owed by the District. A utilty bil showing the address of the new student's

home wil be sufficient proof of residence, provided that the student and account holder

on the utility bill share the same last name. If the student and account holder do not

share the same last name, please provide a copy of the student's Birth Certificate or

other documentation that you relied on to verify the guardianship in your determination

of the student's residence." ACSD unilaterally placed this newly imposed obligation

upon the Charter Schools without legal authorization.

7 268657.86/1/2011

38. Pursuant to Education Law § 2856(1)(b), ACSD is obligated to pay

to the Charter Schools any federal or state aid attributable to a student with a disability

attending a charter schooL.

39. The number of students with disabilties attending the Charter

Schools is provided by the Charter Schools to the ACSD in accordance with Education

Law § 2856(1 )(a).

40. Notwithstanding its legal duty to pay the Charter Schools for

students with disabilities, the ACSD has also recently insisted that prior to remitting any

payment to the Charter Schools for special education high cost aid, the Charter Schools

must first complete certain ACSD mandated paperwork to the ACSD's satisfaction. This

paperwork, which was attached to a May 2, 2011 letter received by the Charter Schools

from ACSD's counsel, is not permitted by law and is a completely new requirement that

has been imposed, without any legal basis, upon the Charter Schools.

41. As a result of: (1) the ACSD's underpayment to the Charter Schools

attributable to paying the Charter Schools the 2009-2010 charter school basic tuition

rate, rather than the 2010-2011 charter school basic tuition rate; (2) implementing illegal

requirements for establishing student residency; and (3) implementing illegal

requirements for special education high cost aid, the Charter Schools have been

compelled to submit "Charter School Request for State Aid Intercept" (hereinafter

referred to as "Intercepts") to NYSED.

42. Before submitting an Intercept to NYSED, the Charter Schools

must wait thirty (30) days after the date of payment, which is actually sixty (60) days

after the date the invoices were originally submitted to the ACSD.

8 268657.86/1/2011

43. Once the Charter School submits the Intercept, "the commissioner

shall certify the amounts of the unpaid obligations to the comptroller to be deducted

from State aid due the school district and paid to the applicable charter schools." 8

NYCRR §119(e)(2); see also 8 NYCRR §119.1(a).

44. The Intercept process results in a substantial delay between the

time the Charter Schools are entitled to funds from the ACSD and the time the Charter

Schools may receive the funds from NYSED.

45. Although the Intercept process allows the Charter Schools to seek

payment from the State as a result of the ACSD's failure to pay the 2010-2011 charter

school basic tuition rate, the Intercept process does not result in an order or declaration

compelling the ACSD to pay the Charter Schools the proper charter school basic tuition

rate. The Charter Schools are confident that the ACSD will continue to violate its

statutory and regulatory obligations until compelled by a Court to pay the proper basic

tuition rate.

46. Though some of the Charter Schools have submitted Intercepts to

NYSED, and some have been paid, other Charter Schools have not had any of their

previously submitted Intercepts granted.

47. The ACSD's conduct throughout the 2010-2011 academic year

illustrates, notwithstanding the Charter Schools submission of Intercepts, the ACSD's

repeated pattern and practice of underpaying the Charter Schools based upon an

outdated and inapplicable basic tuition rate.

48. The ACSD's refusal to abide by the duty imposed upon it by law, as

set forth in Education Law § 2856, has caused substantial delay in the Charter Schools

9 268657.86/1/2011

receiving payments that they have a clear legal right to, and has ultimately interfered

with the abilties of the Charter Schools to continue to provide educational services,

implement desired programs and institute optimally effective educational programs.

49. For example, funds that certain Charter Schools may have set

aside for future capital expenditures related to building renovations and replacement of

furniture, fixtures and equipment, have now been forced to be used to cover normal

operating expenses.

50. Additionally, ACSD's failure to remit payment to the Charter

Schools at the state mandated rate has caused most of the Charter Schools to fall

behind on their lease payments for the buildings that they currently occupy. These

Charter Schools have only been able to survive because of the flexibilty of their

landlord; however, a few schools face potential eviction concerns in the coming months.

51. Further, as a result of the ACSD's failure to remit payment at the

state mandated rate, outside educational experiences at the Charter Schools, such as

educational field trips, have drastically been reduced if not eliminated altogether, thus

depriving students -of a critical educational component.

52. The ACSD's failure to remit payment for special education high cost

aid until the Charter Schools complete certain additional paperwork provides a huge

challenge to the Charter Schools to provide the mandated level of services to special

education students due to the significant cost, which creates cash flow hardship and risk

of inadequate services to those students.

10 268657.86/1/2011

AS AND FOR A FIRST CAUSE OF ACTION

53. Petitioners repeat and reallege paragraphs 1-52 of this Verified

Petition as though each paragraph was fully stated herein.

54. The ACSD's refusal to pay the Charter Schools at the $14,072 per

student basic tuition rate for the 2010-2011 academic year, despite the Charter School's

demand for such payment per student, is contrary to ACSD's statutory obligations and

constitutes a failure to perform a duty compelled upon it by law.

55. Instead, for the entirety of the 2010-2011 year the ACSD has paid

the Charter Schools at the 2009-2010 rate of $11 ,712 per student.

56. ACSD's repeated and continuing failure to pay the Charter Schools

at the correct tuition rate, despite the Charter Schools' repeated demand for payment,

demonstrates that it has no intention to pay the Charter Schools at the statutorily

mandated rate despite its clear legal obligation to do so.

57. This failure has forced the Charter Schools to resort to the Intercept

process, delaying its receipt of mandated funds for a minimum of 4 - 5 months.

58. It is evident from the ACSD's course of conduct that it will not abide

by its Education Law § 2856 obligations without an Order from this Court compelling it

to meet its statutory obligations.

59. By reason of the foregoing, the Charter Schools are entitled to an

Order pursuant to CPLR Article 78 compellng the ACSD to comply with the duties

imposed upon it be law, as set forth by Education Law § 2856, and pay the Charter

Schools at the rate of $14,072 per student for the 2010-2011 and 2011-2012 academic

11 268657.86/1/2011

years in accordance with NYSED's published charter school basic tuition rate, a

payment that the Charter Schools have a clear legal right to receive.

AS AND FOR A SECOND CAUSE OF ACTION



61. Starting in May 2011, the ACSD demanded that the Charter

Schools must provide the ACSD with proof of residency for each new student enrolled

at their respective schools.

62. To satisfy this requirement, the ACSD directed the Charter Schools

to provide it with a utilty bill for each student to verify residency. The ACSD also stated

that if the student and their parent do not share a last name, additional documentation

relied upon by the Charter School to verify guardianship, such as a copy of the student's

birth certificate should be provided.

63. There is no basis in law for the ACSD to compel the Charter

Schools to provide verification of residency prior to remitting payment to the Charter

Schools.

64. ACSD's newly created requirement is contrary to law.


Order pursuant to CPLR Article 78 compellng the ACSD to comply with its obligations

pursuant to Education Law § 2856 and pay the Charter Schools for any newly enrolled

students in the Charter Schools without requiring the Charter Schools to first provide

documentation beyond what is required by Education Law § 2856(1)(a) or provided for

in the NYSED Regulations.

12 268657.86/1/2011

AS AND FOR A THIRD CAUSE OF ACTION



67. In May 2011, the ACSD informed the Charter Schools that before it

would remit payments for special education high cost aid, the Charter Schools must first

complete a form entitled "Calculation of Public Excess Cost Aid Attributable to

Parentally-Place Nonresident and Charter School Students for the 2010-11 Academic

year" along with supporting detailed documentation.

68. Pursuant to Education Law § 2856(1)(b), ACSD is obligated to pay

to the Charter Schools any federal or state aid attributable to a student with a disability

attending a charter schooL.

69. The number of students with disabilties attending the Charter

Schools is provided by the Charter Schools to the ACSD in accordance with Education

Law § 2856(1)(a).

70. The ACSD is without power to mandate that the Charter Schools

comply with its newly self-created requirement that additional paperwork be completed

for students with disabilties prior to remittance of payment.

71. In refusing to pay the Charter Schools special education high cost

aid until the Charter Schools supply a form mandated by the ACSD and nobody else,

the ACSD has acted contrary to a duty compelled upon it by law.


Order pursuant to CPLR Article 78 compellng the ACSD to comply with its legal

obligations set forth in Education Law § 2856 and pay the Charter Schools for special

13 268657.86/1/2011

education high cost aid without requiring the Charter Schools to complete additional

self-created documentation that is not required by law.

AS AND FOR A FOURTH CAUSE OF ACTION



74. For the 2010-2011 academic year the Charter Schools have

invoiced the ACSD at the rate of $14,072 per student residing in the ACSD. This rate is

also the final rate for the 2011-2012 academic year.

75. The invoiced rate is established by Education Law § 2856(1)(a) and

is published in a directive by the NYSED.

76. As set forth in 1f1f 29-36, supra, the ACSD has refused, despite its

statutory and regulatory obligations, to pay the Charter Schools the 2010-2011 Charter

School basic tuition rate.

77. By reason of the foregoing, the Charter Schools are entitled to a

declaration that the rates as invoiced by the Charter Schools in 2010-2011 ($14,072 per

student or $2,345.33 per student on each bi- monthly bil) apply for both the 2010-2011

and 2011-2012 academic years.

AS AND FOR A FIFTH CAUSE OF ACTION



79. The ACSD is required to provide free education to students residing

in its district in accordance with Education Law § 3202.

14 268657.86/1/2011

80. There is a presumption of residency and a school district bears the

burden to prove that a student and their parents do not live within the school district and

that the student is not entitled to attend school in the district on a tuition free basis. See

Board of Educ. of Sewanaka Cent. High School Dist. v. Sobol, 213 A.D.2d 844 (3d

Dep't 1995).

81. It is the burden ofthe ACSD to demonstrate, after a review of the

names of Charter School students, their addresses, and the names of their parents, that

a student attending a Charter School does not reside in the ACSD.

82. If the ACSD meets this burden, it has no responsibilty to remit

tuition payments for said student nor provide said student with free education.

83. Instead of meeting this burden, the ACSD has attempted to shift the

burden to the Charter Schools by requiring the Charter Schools to verify residency for

new students prior to remitting and payment for such students.

84. Such burden shifting actions have no basis in law.

85. Indeed, it is the ACSD's obligation to know the students who reside

in the ACSD because "School districts shall include the enrollment of resident students

attending charter schools in the enrollment, attendance and, if applicable, count of

students with disabiliies reported to the department for the purposes of claiming State

aid." 8 NYCRR§119.1(d)(5).


declaration that there is a presumption of residency and it is ACSD's obligation to refute

residency prior to withholding payment.

15 268657.86/1/2011

AS AND FOR A SIXTH CAUSE OF ACTION



88. For the 2010-2011 academic year the Charter Schools have

invoiced the ACSD at the rate of $7,201.92 for special education high cost aid for

students residing in the ACSD.

89. Education Law § 2856(1 )(a) provides that the Charter Schools must

provide, if applicable, ACSD with a count of students with disabilities for students

residing in the ACSD.

90. The invoiced rate for special education high cost aid is established

by Education Law § 2856(1)(a) and is published in a directive by the NYSED.

91. Neither Education Law § 2856 nor any Department of Education

Regulations permits the ACSD to impose additional documentation requirements upon

the Charter Schools such as those recently mandated by the ACSD via its legal

counseL.


declaration that the special education high cost aid rates as invoiced by the Charter

Schools in 2010-2011 apply for the 2010-2011 and 2011-2012 academic year and that

the ACSD cannot withhold payment to the Charter Schools until the Charter Schools

complete certain ACSD created documentation beyond that provided for by Education

Law § 2856 or the NYSED Regulations.

16 268657.8 6/1/2011

AS AND FOR A SEVENTH CAUSE OF ACTION



94. Upon submission of the Charter School invoices to the ACSD, the

ACSD has 30 days to remit payment for such invoices.

95. If ACSD fails to pay an invoice in full, which it repeatedly has done,

the Charter Schools must wait sixty (60) days from the date they submit the invoice in

question before they can submit an Intercept to NYSED.

96. NYSED typically takes several months to grant an Intercept, during

which time ACSD possesses monies to which the Charter Schools are rightfully entitled.

Such wrongful holding of monies is to the financial benefit of the ACSD and the financial

detriment of the Charter Schools.

97. By reason of the foregoing, the Charter Schools are requesting a

declaration that it is entiled to interest on any unpaid and/or late reimbursement

payments accruing from the date upon which such payments became due.

WHEREFORE, the Charter Schools pray that this Court grant the Verified

Petition in all respects: (1) compellng Respondent to pay Petitioners at the 2010-2011

charter school basic tuition rate of $14,072 per student for both the 2010-2011 and

2011-2012 academic years; (2) compelling Respondent to pay Petitioners for all

students enrolled at the Charter Schools who reside within the ACSD without additional

documentation; and (3) compellng Respondent to pay Petitioners high cost special

education payments without the Charter Schools completion of ACSD self-created

additional documentation. Petitioners also request an order: (1) declaring that the

17 268657.86/1/2011

charter school basic tuition rate as invoiced by the Petitioners for the 2010-2011

academic year applies for the 2010-2011 and 2011-2012 academic years; (2) declaring

that the Respondent bears the burden of refuting the residency of students who claim to

reside in the ACSD; (3) declaring that the Respondent cannot require Petitioners to

provide additional documentation before receiving special education high cost aid; and

(4) declaring that Petitioners are entitled to interest on any unpaid and/or late

reimbursement payments accruing from the date upon which such payments became

due. Furthermore, Petitioners pray for an order granting such other and further relief

which this Court deems just and proper, together with the costs and disbursements of

this proceeding and attorneys' fees.

Dated: June 1, 2011 BOND, SCHOENECK & KING, PLLC'\

By:

"

icholas J. Ambrosio, Jr.

Attorneys for PetitionersOffice and P.O. Address111 Washington AvenueAlbany, NY 12210-2280Telephone: (518) 533-3000

Facsimile: (518) 533-3299

17-.

18 268657.86/1/2011




VERIFICATION

Index No.

Petitioners,

-against


Respondent,


STATE OF NEW YORKCOUNTY OF ALBANY

)

) SS.:

DEBORAH DHUY, being duly sworn, deposes and says that she is the businessmanager for Petitioner Achievement Academy Charter School, and that the foregoingVerified Petition is true to her own knowledge, except as to matters therein stated to bealleged on information and belief, and as to those matters she believes them to be true.

a:W IJ ~Deborah Dhuy /

Sworn to before me this1st day of June 2011

JACALYN A. ORlll

NOTARY PUBLIC-STAll 0' NIW VCl'~

No.01C0622UI9Qualified In Alba~ C4ülX ~ i L

My Commission Explr"'1..~ñfi..i




VERIFICATION

Index No.

Petitioners,

-against


Respondent,



)

) SS.:

JANE AMUNDSEN, being duly sworn, deposes and says that she is thebookkeeper for Petitioner Albany Community Charter School, and that the foregoingVerified Petition is true to her own knowledge, except as to matters therein stated to bealleged on information and belief, and as to those matters she believes them to be true.~~.

pne Amundš

Sworn to before me this1 st day of June 2011

JACALYN A. COR L Y

NOTARY PUBLIC-STATE Of ~EW YORK

No. 01 C06228ê59Quolifled in Aib0tA (;A'i¡;l.

My Commission ExP!r0s~CÇli' d- J f




VERIFICATION

Index No.

Petitioners,

-against


Respondent,



)

) SS.:

ANDRES VIVES, being duly sworn, deposes and says that he is the Director ofFinance and Operations for Petitioner Albany Leadership Charter School for Girls, Çlndthat the foregoing Verified Petition is true to his own knowledge, except as to matterstherein stated to be alleged on information and belief, and as to those matters hebelieves them to be true.

Sworn to before me this1st day of June, 2011

Iic JACALYN A. co YNOTARY PUBLIC-STATE 0 EW YORK

No. OlC06228859Qualified In Alban 5~YItv 'Î rit J.

My COl'mllalon Elllre~ f




Petitioners,

-against


Respondent,


VERIFICATION

Index No.

. STATE OF NEW YORKCOUNTY OF ALBANY

)

) SS.:

ELLEN BIGGANE, being duly sworn, deposes and says that she is the Directorof Operations for Petitioner Albany Preparatory Charter School, and that the foregoingVerified Petition is true to her own knowledge, except as to matters therein stated to bealleged on information and belief, and as to those matters she believes them to be true.

alu Bi 'cv;JEllen Biggane )9


. C JACALYN A. CORTLE

NOTARY PUBLlC.STATE OF NENo. 01C06228859

Qualified In Albon'loar: ~ J)My CommissIon Expires VI' 0-' i 1




VERIFICATION

Index No.

Petitioners,

-against


Respondent,



)

) SS.:

RONALD RACELA, being duly sworn, deposes and says that he is the Directorof Finance and Operations for Petitioners Brighter Choice Charter School for Boys andBrighter Choice Charter School for Girls, and that the foregoing Verified Petition is trueto his own knowledge, except as to matters therein stated to be alleged on informationand belief, and as to those matters he believes them to b r .

Ronald Racela


ublic JAClt:. CORTLYNOTARY PUBLI . ATE OF NEW YORK

NO.01C06228859Qualified In Albotf Ç9.uI~ J.

My Commission Expire -&1 I. O£/ I .

s:=::: __



Achievement Academy Charter School,Albany Community Chartr School,Albany Leadership Charter High School for Girls,Albany Preparatory Charter School,Brighter Choice Charter School for Boys,Brighter Choice Charter School for Girls,Brighter Choice Charter Middle School for Boys,Brighter Choice Charter Middle School for Girls,Green Tech High Charter School,Henry Johnson Charter School, andKIPP Tech Valley Charter School,

VERIFICATION

Index No.

Petitioners,

-against


Respondent,



)

) SS.:

WILLIAM HOFF, being duly sworn, deposes and says that he is the Director ofFinance and Operations for Petitioners Brighter Choice Charter Middle School for Boysand Brighter Choice Charter Middle School for Girls, and that the foregoing VerifiedPetition is true to his own knowledge, except as to matters therein stated to be allegedon information and belief, and as to those matters he believe:;. b true.~~

Wiliam Hoff


JACALV, . CORTLEY

NOTARY PUBLI ATE OF NEW YORKNO.01C06228859

Qualified In Albal) ~nt~ . LIIV Commission Expire..~l ï

(f




VERIFICATION

Index No.

Petitioners,

-against


Respondent,


STATE OF NEW YORK )COUNTY OF ALBANY ) SS.:

MARK CHUDZICKI, being duly sworn, deposes and says that he is the businessmanager for Petitioner Green Tech Charter High School, and that the foregoing VerifiedPetition is true to his own knowledge, except as to matters therein stated to be allegedon information and belief, and as to those matters he elieve t be true.


Jt -- 1~-'~¡;~-!~$Ø~~!~Mn¥-'Jt~,' ...;~ØtaryPublioJ St åfNevJ'York;"~:; ..' ....No.,01~M5Q4704JI-';S: Qualífed'I,fAl "l' .' CÓu ~.. .-....-...cOmmj$SionJapi;~ /i.Ro~

. ";: :, ".,~ c.' "



Achievement Academy Charter Sch901,Albany Community Charter School,Albany Leadership Charter High School for Girls,Albany Preparatory Charter School,Brighter Choice Charter School for Boys,Brighter Choice Charter School for Girls,Brighter Choice Charter Middle School for Boys,Brighter Choice Charter Middle School for Girls,Green Tech High Charter School,Henry Johnson Charter School, andKIPP Tech Valley Charter School,

VERIFICATION

Index No.

Petitioners,

-against


Respondent,



)

) SS.:

CYTHINA HASKINS, being duly sworn, deposes and says that she is thebusiness manager for Petitioner Henry Johnson Charter School, and that the foregoingVerified Petition is true to her own knowledge, except as to matters therein stated to bealleged on information and belief, and as to those matters she believes them to be true.~~. ~zfCynftinsSworn to before me this1st day of June 2011

lic JACAlYN A. C il #vNOTARY PUBLlC.STATE (; NEW V§~Rr

No.01COônUMQualified In Albtl9r ~,!h\ ..

.. ComllSlon bPtftJ~.k if


I n the Matter of the Application of


VERIFICATION

Index No.

Petitioners,

-against


Respondent,



)

) SS.:

DUSTIN MITCHELL, being duly sworn, deposes and says that he is theExecutive Director of Petitioner KIPP: Tech Valley Charter School, and that theforegoing Verified Petition is true to his own knowledge, except as to matters thereinstated to be alleged on information and be . those tters he believes themto be true.

Dustin Mitchell

Sworn to before me this1st day of June 2011

JACAlYN A. CORNOTARY PUBLIC-STATE OF W YORK

No.01C06228B59Qualified In Alba~ ~ ;;JL1

.MV Commission Expire " 1

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