NY Educ L § 2855 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 56 - Charter Schools 2855 - Causes for Revocation or Termination.

§  2855.  Causes for revocation or termination. 1. The charter entity, or the board of regents,  may  terminate  a  charter  upon  any  of  the following grounds:  (a)  When  a  charter  school's outcome on student assessment measures adopted by the board of regents falls below the level that  would  allow the  commissioner  to  revoke the registration of another public school, and student achievement on such measures has not shown improvement  over the preceding three school years;  (b) Serious violations of law;  (c)  Material  and  substantial  violation  of  the charter, including fiscal mismanagement;  (d) When the public employment relations board makes  a  determination that the charter school demonstrates a practice and pattern of egregious and  intentional  violations  of  subdivision one of section two hundred nine-a  of  the  civil  service  law  involving  interference  with   or discrimination  against  employee  rights  under article fourteen of the civil service law; or  (e) Repeated failure to comply with the requirement to meet or  exceed enrollment  and retention targets of students with disabilities, English language learners, and students who are eligible applicants for the free and reduced price lunch program pursuant to targets established  by  the board of regents or the board of trustees of the state university of New York,  as applicable. Provided, however, if no grounds for terminating a charter are established pursuant to this section other than pursuant  to this  paragraph,  and  the  charter school demonstrates that it has made extensive  efforts  to  recruit  and  retain  such  students,  including outreach  to parents and families in the surrounding communities, widely publicizing the lottery for such school,  and  efforts  to  academically support such students in such charter school, then the charter entity or board of regents may retain such charter.   2. Notice of intent to revoke a charter shall be provided to the board of  trustees  of  a  charter  school  at  least thirty days prior to the effective date of the proposed revocation. Such notice shall  include  a statement  of  reasons  for  the proposed revocation. The charter school shall be allowed at least thirty days to correct the problems associated with the proposed revocation. Prior to  revocation  of  the  charter,  a charter  school shall be provided an opportunity to be heard, consistent with the requirements of due process. Upon the termination of a charter, the charter school  shall  proceed  with  dissolution  pursuant  to  the procedures  of  the  charter and direction of the charter entity and the board of regents.   3. In addition to the provisions of subdivision two of  this  section, the  charter  entity  or the board of regents may place a charter school falling within the provisions of subdivision  one  of  this  section  on probationary  status  to  allow  the implementation of a remedial action plan. The failure of a charter school  to  comply  with  the  terms  and conditions of a remedial action plan may result in summary revocation of the school's charter.   4.  Any  individual  or  group  may  bring a complaint to the board of trustees of a charter school alleging a violation of the  provisions  of this article, the charter, or any other provision of law relating to the management or operation of the charter school. If, after presentation of the  complaint  to  the  board  of  trustees  of  a  charter school, the individual or group  determines  that  such  board  has  not  adequately addressed  the complaint, they may present that complaint to the charter entity, which shall investigate and respond. If, after  presentation  of the  complaint to the charter entity, the individual or group determines that the charter entity has not adequately addressed the complaint, they  may present  that  complaint  to  the  board  of  regents,  which  shall investigate  and  respond.  The  charter entity and the board of regents shall have the power and the duty to issue appropriate  remedial  orders to charter schools under their jurisdiction to effectuate the provisions of this section.   5.  The  regulatory power of the board of regents and the commissioner shall not extend to charter schools  except  as  otherwise  specifically provided in this article.