NY Educ L § 2857 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 56 - Charter Schools 2857 - Notice; Review and Assessment.

§  2857.  Notice; review and assessment. 1. The board of regents shall distribute information announcing the availability of the charter school process described in this article to  each  local  school  district  and public  postsecondary educational institution. At each significant stage of the chartering process, the charter entity and the board  of  regents shall  provide  appropriate notification to the school district in which the charter school is located and to public and nonpublic schools in the same geographic area as the proposed charter school.  Such  notification shall  be  provided  by  each  charter  entity within thirty days of its receipt of an application for formation of a new charter school  or  for renewal  of  an  existing  charter  school, and at least forty-five days prior to initial approval of the  charter  application  by  the  charter entity.  Prior  to  the issuance, revision, or renewal of a charter, the school district in which the charter school  is  located  shall  hold  a public hearing to solicit comments from the community in connection with the   foregoing.  Such  hearing  shall  be  held  within  the  community potentially impacted by the proposed charter  school.  When  a  revision involves  the  relocation  of  a  charter  school  to a different school district, the proposed new school district shall also hold such hearing. In addition, such school districts shall  be  given  an  opportunity  to comment  on  the proposed charter to the charter entity and such charter entity shall consider any comments raised and submit any  such  comments to  the board of regents with the application for issuance, revision, or renewal of a charter.   1-a. In the event the  school  district  fails  to  conduct  a  public hearing,  the board of regents shall conduct a public hearing to solicit comments from the community in connection with the  issuance,  revision, or renewal of a charter.   2.  Each  charter school shall submit to the charter entity and to the board of regents an annual report. Such report shall be issued no  later than  the first day of August of each year for the preceding school year and shall be made publicly available by such date and shall be posted on the charter school's website. The annual report shall be in such form as shall be prescribed by the commissioner and shall include at  least  the following components:  (a)  a charter school report card, which shall include measures of the comparative academic and fiscal performance of the school, as prescribed by the commissioner  in  regulations  adopted  for  such  purpose.  Such measures shall include, but not be limited to, graduation rates, dropout rates,  performance  of  students  on  standardized tests, college entry rates, total spending per pupil and administrative spending  per  pupil. Such  measures  shall be presented in a format that is easily comparable to similar public schools. In addition, the charter school shall  ensure that  such  information  is easily accessible to the community including making it publicly available by transmitting it to local  newspapers  of general circulation and making it available for distribution at board of trustee meetings.  (b)  discussion  of the progress made towards achievement of the goals set forth in the charter.  (c) a certified financial  statement  setting  forth,  by  appropriate categories, the revenues and expenditures for the preceding school year, including  a  copy  of  the  most recent independent fiscal audit of the school and any audit conducted by the comptroller of the  state  of  New York.  (d)  efforts  taken by the charter school in the existing school year, and a plan for efforts to be taken in the  succeeding  school  year,  to meet  or  exceed  enrollment  and  retention targets set by the board of regents or the board of trustees of the state university of New York, as  applicable, of students with disabilities,  English  language  learners, and  students who are eligible applicants for the free and reduced price lunch program established pursuant to paragraph (e) of subdivision  four of section twenty-eight hundred fifty-one of this article.   3.  The  board  of  regents shall report annually to the governor, the temporary president of the senate, and the speaker of the  assembly  the following information:  (a)  The  number, distribution, and a brief description of new charter schools established during the preceding year;  (a-1) A list including the number of charter schools closed during the preceding  year,  and  a  brief  description  of  the  reasons  therefor including,  but not limited to, non-renewal of the charter or revocation of the charter;  (b)  The  department's  assessment  of  the  current   and   projected programmatic  and  fiscal  impact  of charter schools on the delivery of services by school districts;  (c) The academic progress of students attending  charter  schools,  as measured  against  comparable  public and nonpublic schools with similar student population characteristics wherever practicable;  (d) A list of all  actions  taken  by  a  charter  entity  on  charter application  and  the  rationale  for  the  renewal or revocation of any charters; and  (e) Any other information regarding charter schools that the board  of regents deems necessary.   The  format  for this annual report shall be developed in consultation with representatives of school districts and charter school officials.   4. The board of regents shall review the educational effectiveness  of the charter school approach authorized by this article and the effect of charter  schools  on  the public and nonpublic school systems. Not later than December thirty-first, two thousand three,  the  board  of  regents shall report to the governor, the temporary president of the senate, the speaker of the assembly and the board of regents with recommendations to modify,  expand,  or terminate that approach. Such report shall include, for each charter school, a  copy  of  the  school's  mission  statement, attendance   statistics   and  dropout  rates,  student  performance  on standardized assessment tests, projections of financial stability,  and, wherever practicable, comparisons to other public schools.   5.  The  board  of  regents  shall  on an annual basis review and make available to school districts best  educational  practices  employed  by charter schools.