NY Educ L § 2851 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 56 - Charter Schools 2851 - Eligible Applicants; Applications; Submission.

§   2851.   Eligible   applicants;  applications;  submission.  1.  An application to establish a charter school may be submitted by  teachers, parents,  school  administrators, community residents or any combination thereof.  Such application may be filed in conjunction with  a  college, university,  museum, educational institution, not-for-profit corporation exempt from taxation under paragraph 3 of subsection (c) of section  501 of  the internal revenue code or for-profit business or corporate entity authorized  to  do  business  in  New  York  state.  Provided   however, for-profit  business  or  corporate  entities  shall  not be eligible to submit  an  application  to  establish  a  charter  school  pursuant  to subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this article, or operate or manage a charter  school  for  a  charter  issued pursuant to subdivision nine-a of section twenty-eight hundred fifty-two of  this  article. For charter schools established in conjunction with a for-profit business or corporate entity, the charter shall  specify  the extent  of the entity's participation in the management and operation of the school.   2. The information provided on the  application  shall  be  consistent with the provisions of this article and other applicable laws, rules and regulations. Such information shall include:  (a)  A  mission  statement  for  the  school  and  a description of an educational  program  that  implements  one  or  more  of  the  purposes described  in  subdivision  two of section twenty-eight hundred fifty of this article.  (b) A description  of  student  achievement  goals  for  the  school's educational  program  and the chosen methods of evaluating that students have attained the skills and knowledge specified for those  goals.  Such educational  program  shall  meet  or  exceed  the  student  performance standards adopted by the board of regents for other public schools.  (c) The proposed governance structure of the school, including a  list of  members  of  the  initial  board  of  trustees, a description of the qualifications, terms and method of appointment or election of trustees, the organizational structure of the school, a procedure  for  conducting and  publicizing  monthly  board  of  trustee  meetings  at each charter school, and the processes to  be  followed  by  the  school  to  promote parental and staff involvement in school governance.  (d)  Admission  policies and procedures for the school, which shall be consistent  with  the  requirements  of  subdivision  two   of   section twenty-eight hundred fifty-four of this article.  (e)  A  proposed  budget  and  fiscal  plan  for the school, including supporting evidence that the fiscal plan is sound  and  that  sufficient start-up funds will be available to the charter school.  (f)  Requirements  and  procedures  for  programmatic  and independent fiscal audits at least once annually, with such audits being  comparable in scope to those required of other public schools.  (g)  The  hiring  and personnel policies and procedures of the school, including the qualifications to be  used  in  the  hiring  of  teachers, school  administrators  and other school employees, and a description of staff responsibilities.  (h) The rules and procedures by which  students  may  be  disciplined, including  but  not  limited to expulsion or suspension from the school, which shall be consistent with the requirements of due process and  with federal  laws  and  regulations governing the placement of students with disabilities.  (i) The number of students to be served by the  school,  which  number shall  be  at  least  fifty  at  a single site and the minimum number of teachers to be employed at the school, which shall be  at  least  three. Provided,  however,  that  a  charter  school may serve fewer than fifty  students or employ fewer than three teachers in the school's first  year of  operation  or  if the applicant presents a compelling justification, such as the school would serve a geographically remote region.  (j)  Information  regarding  the  facilities to be used by the school, including the location of the school, if known, and the means  by  which pupils  will be transported to and from the school. If the facilities to be used by the proposed school are not known at the time the application is submitted, the applicant shall notify  the  charter  entity  and,  if applicable,  the  board of regents within ten business days of acquiring facilities for such school; provided, however, that the  charter  school must  obtain a certificate of occupancy for such facilities prior to the date on which instruction is to commence at the school.  (k) The name of the proposed charter school, which shall  include  the words  "charter  school"  and  which  shall  not  include  the  name  or identification of a for-profit business or corporate entity.  (l) A description of the ages and grade levels to  be  served  by  the school.  (m)  Identification  and  background information on all applicants and proposed members of the board of trustees.  (n) The school calendar and school day schedule, which  shall  provide at  least  as  much instruction time during a school year as required of other public schools.  (o) Types and amounts of insurance coverage  to  be  obtained  by  the school,  which  shall include adequate insurance for liability, property loss and the personal injury  of  students.  The  commissioner  and  the superintendent  of financial services may jointly promulgate regulations to implement the provisions of this paragraph.  (p) The term of the proposed charter,  which  shall  not  exceed  five years;  provided  however,  in  the  case of charters issued pursuant to subdivision nine-a of section twenty-eight  hundred  fifty-two  of  this article the term of such proposed charter shall not exceed five years in which  instruction is provided to pupils plus the period commencing with the effective date of the charter and ending with  the  opening  of  the school for instruction.  (q)  Evidence  of  adequate  community support for and interest in the charter school sufficient to allow the school to reach  its  anticipated enrollment,  and  an assessment of the projected programmatic and fiscal impact of the school on other public and nonpublic schools in the area.  (r) A description of the health and food services to  be  provided  to students attending the school.  (s)  Methods  and strategies for serving students with disabilities in compliance with all federal laws and regulations relating thereto.  (t)  Procedures  to  be  followed  in  the  case  of  the  closure  or dissolution of the charter school, including provisions for the transfer of  students  and  student  records  to the school district in which the charter school is located and for the disposition of the school's assets to the school district in which the charter school is located or another charter school located within the school district.  Notwithstanding  any other  provision of law or of a charter to the contrary, such procedures shall ensure that upon  dissolution  of  a  charter  school,  any  funds remaining in the possession of the charter school that can be attributed to  public  funding,  after  all  of its debts and obligations have been paid, shall be  paid  over  to  each  school  district  having  resident children  served  by  the charter school in the school year in which the charter was dissolved or the last year in which students  were  enrolled in  the charter school, in the same proportion as the number of students placed by each school district and served by the charter school  in  the last  school  year  in which children were served by the charter school,  bears to the total number of students served by the  charter  school  in such  school year.   Provided, however, that nothing in this subdivision shall be construed to require a charter school to pay to such  districts any  remaining  funds that can be attributed to gifts, donations, grants or other authorized charitable contributions.  (u) Requirements for the grant of a diploma, if the school serves  the twelfth grade.  (v)  A  code  of  ethics for the charter school, setting forth for the guidance of its  trustees,  officers  and  employees  the  standards  of conduct  expected of them including standards with respect to disclosure of conflicts of interest regarding any matter brought before  the  board of trustees.  (w)  A  description of the residential facilities, if any, provided by the charter school.  (x) Any other information  relevant  to  the  issuance  of  a  charter required by the charter entity.   3.  An  applicant shall submit the application to a charter entity for approval. For purposes of this article, a charter entity shall be:  (a) The board of education  of  a  school  district  eligible  for  an apportionment  of  aid  under  subdivision  four  of  section thirty-six hundred two of this chapter, provided that a board  of  education  shall not  approve  an  application  for  a  school to be operated outside the school district's geographic boundaries and further provided that  in  a city  having  a population of one million or more, the chancellor of any such city school district shall be the  charter  entity  established  by this paragraph;  (b) The board of trustees of the state university of New York; or  (c) The board of regents.   The  board  of  regents shall be the only entity authorized to issue a charter pursuant to this article. Notwithstanding any provision of  this subdivision  to  the  contrary,  an application for the conversion of an existing public school to a charter school shall be  submitted  to,  and may  only  be approved by, the charter entity set forth in paragraph (a) of this subdivision. Notwithstanding any law, rule or regulation to  the contrary,  any  such application for conversion shall be consistent with this section but shall  not  be  subject  to  the  process  pursuant  to subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this article, and the charter  entity  shall  require  that  the  parents  or guardians  of  a  majority of the students then enrolled in the existing public school vote in favor  of  converting  the  school  to  a  charter school.   4. Charters may be renewed, upon application, for a term of up to five years in accordance with the provisions of this article for the issuance of  such  charters pursuant to section twenty-eight hundred fifty-two of this article;  provided,  however,  that  a  renewal  application  shall include:  (a)  A  report  of the progress of the charter school in achieving the educational objectives set forth in the charter.  (b)  A  detailed  financial  statement  that  discloses  the  cost  of administration,  instruction  and  other  spending  categories  for  the charter school that will allow a  comparison  of  such  costs  to  other schools,  both  public  and  private.  Such statement shall be in a form prescribed by the board of regents.  (c) Copies of each  of  the  annual  reports  of  the  charter  school required  by subdivision two of section twenty-eight hundred fifty-seven of this article, including the  charter  school  report  cards  and  the certified financial statements.  (d) Indications of parent and student satisfaction.  (e)  The  means  by  which  the  charter  school  will  meet or exceed enrollment and retention targets as prescribed 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 which shall be considered by the charter entity  prior  to approving such charter school's application for renewal. When developing such  targets,  the  board  of  regents and the board of trustees of the state university of New York  shall  ensure  (1)  that  such  enrollment targets  are  comparable to the enrollment figures of such categories of students attending the public schools within the school district, or  in a  city  school district in a city having a population of one million or more inhabitants, the community school district, in  which  the  charter school is located; and (2) that such retention targets are comparable to the  rate  of  retention  of  such  categories of students attending the public schools within the school district, or in a city school  district in  a  city  having a population of one million or more inhabitants, the community school district, in which the proposed charter school would be located.   Such renewal application shall be submitted to the charter  entity  no later  than six months prior to the expiration of the charter; provided, however, that the charter entity may waive such deadline for good  cause shown.   5.  Notwithstanding  any  provision  of law, rule or regulation to the contrary for a period of one  year  from  the  effective  date  of  this subdivision,  a  charter  school  approved by a charter entity listed in subdivision three of this section may apply  at  any  time  during  this period  to  another charter entity, defined in paragraph (a), (b) or (c) of subdivision three of this  section  to  request  such  other  charter entity  to  oversee and supervise such charter school. All standards and requirements established in the original charter agreement shall  remain in  effect  until the scheduled expiration of such charter agreement and provided however that all obligations of the previous charter entity  to oversee and supervise a charter school shall terminate upon the transfer of  authorization  of  such  charter  school to a new charter entity, as defined in subdivision five of section twenty-eight hundred fifty-two of this article, and the previous charter entity shall provide in a  timely fashion  information  relevant to the charter as requested by such other charter entity. A charter school that seeks to change its charter entity must have met all other requirements of this article and  cannot  be  in violation  of  any  legal requirement, in probationary status, or slated for closure.