Description: The Board of Education will consider a proposed Release and Settlement Agreement (“Agreement”) among The School District of Philadelphia (“School District”), acting through the Board of Education, and Universal Bluford Charter School (“Bluford”) and Universal Daroff Charter School (“Daroff”), acting through their Combined Board of Trustees (“Combined Board”).
In 2010, the School Reform Commission (“SRC”) granted a charter to Bluford to operate the Guion S. Bluford Elementary School as a Renaissance charter school. The SRC renewed Bluford’s charter in 2016, for a five-year term ending on June 30, 2020. On April 30, 2020, the Board adopted an action item instituting nonrenewal proceedings against Bluford.
On April 22, 2021, after public hearings and receipt of public comment, the Board of Education nonrenewed Bluford’s Charter and directed Bluford to surrender and forfeit its Charter in accordance with language in its Charter. Bluford did not surrender or forfeit its Charter or close. On June 7, 2021, the School District filed a declaratory judgment action against Bluford in the Philadelphia Court of Common Pleas (“Common Pleas Litigation”), seeking enforcement of the surrender clause. The Common Pleas Litigation remains pending. Bluford also appealed the nonrenewal decision to the State Charter School Appeal Board (“CAB”), which quashed Bluford’s appeal without prejudice.
In 2010, the SRC granted a charter to Daroff to operate the Samuel H. Daroff Elementary School as a Renaissance charter school. The SRC renewed Daroff’s charter in 2015, for a five-year term ending on June 30, 2020. On April 30, 2020, the Board adopted an action item instituting nonrenewal proceedings against Daroff.
On April 22, 2021, after public hearings and receipt of public comment, the Board of Education nonrenewed Daroff’s Charter. Daroff appealed the nonrenewal decision to CAB, which voted to deny Daroff’s appeal on July 12, 2022, but CAB has not yet issued a written order or decision reflecting its final decision on the appeal.
Effective July 31, 2022, the management relationship between Universal Education Companies (“UEC”) and Universal Community Homes (“UCH”) and both Bluford and Daroff ended. UEC and UCH are no longer providing key services required to operate a charter school including staffing and building maintenance. Since then, representatives from the School District have been in communication with representatives from Bluford and Daroff to understand and evaluate the circumstances and assess the charter schools' ability to safely open and operate this school year.
It is anticipated that the school year for students enrolled at Bluford and Daroff will be pushed back to begin on September 6, 2022.
On August 26, 2022, the Board of Education will be considering an action item to approve and authorize execution of the Agreement with Bluford and Daroff, which shall include, without limitation, the following terms:
1. Bluford may remain in operation during the 2022-2023 school year and provide an educational program and all required services to all enrolled students through June 30, 2023. Upon execution of the Agreement by all parties hereto, the School District, Bluford and their respective counsel shall promptly take all necessary actions to discontinue the Common Pleas Litigation related to the surrender of Bluford’s Charter, with prejudice.
2. Daroff agrees to surrender and forfeit its Charter effective immediately, to close Daroff immediately, and to promptly dissolve Daroff thereafter. The licensing arrangement and understandings between the School District and Daroff for use of the Daroff School shall end upon the full execution of the Agreement, and the School District shall regain sole possession of the Daroff School. Daroff agrees to waive its rights to any further appeals or reconsideration to CAB, the Commonwealth Court, to any administrative agency or to any other court, or to the commencement of any legal actions related to nonrenewal, the immediate surrendering or forfeiting of the Charter, or the operation of Daroff. Daroff further agrees that it will not file an appeal to the Commonwealth Court from CAB’s decision, and further agrees that it will not seek a stay from CAB or any other tribunal.
3. Bluford’s maximum authorized enrollment only for the 2022-2023 school year would be raised to the Bluford facility capacity limit, which will be determined by the School District by August 26, 2022, and is anticipated to be between 636 and 700 students. Daroff students will be given the opportunity to enroll at Bluford. If more Daroff students apply than there are spaces to accommodate them, then Bluford will hold a lottery. For the 2022-2023 school year only, Bluford is permitted to enroll 7th and 8th grade students from Daroff.
4. Bluford agrees to surrender and forfeit its Charter effective June 30, 2023, to close Bluford as of June 30, 2023, and to promptly dissolve Bluford thereafter. The licensing arrangement and understandings between the School District and Bluford for the Bluford School shall end on June 30, 2023, and the School District shall take back possession of the Bluford School on July 1, 2023.
5. The Board of Education reserves all rights to take immediate steps to revoke the Bluford Charter should circumstances exist that place the health or safety of students, staff or both at risk prior to June 30, 2023.