NY Educ L § 2852 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 56 - Charter Schools 2852 - Issuance of Charter.

§  2852.  Issuance  of  charter.  1. A charter entity that receives an application for approval of a charter school shall act on  each  request received  prior  to  July  first of a calendar year on or before January first of the succeeding calendar year, and a  proposed  charter  between the  applicant  and  the  charter entity resulting from such application shall be executed on or before February first of such  succeeding  year. Nothing  in  this  subdivision  shall  be construed to prevent a charter entity from receiving or acting upon an application at  any  time.  This subdivision  shall not apply to applications that are submitted pursuant to subdivision nine-a of this section.   2. An application for a charter school shall not  be  approved  unless the charter entity finds that:  (a)  the  charter  school  described  in  the  application  meets  the requirements set out in this article  and  all  other  applicable  laws, rules and regulations;  (b) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner;  (c) granting the application is likely to improve student learning and achievement  and  materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of this article; and  (d) in a school  district  where  the  total  enrollment  of  resident students attending charter schools in the base year is greater than five percent  of the total public school enrollment of the school district in the base year (i) granting the  application  would  have  a  significant educational  benefit  to  the  students  expected to attend the proposed charter school or (ii) the school district in which the  charter  school will be located consents to such application.   In  reviewing  applications,  the charter entity is encouraged to give preference to applications that demonstrate the  capability  to  provide comprehensive   learning  experiences  to  students  identified  by  the applicants as at risk of academic failure.   3. A charter entity is not required  to  approve  a  charter  and  may require  an  applicant  to  modify  or  supplement  an  application as a condition of approval. An existing private school shall not be  eligible to  convert  to  a charter school. In determining whether an application involves the conversion of  an  existing  private  school,  the  charter entity  and  the  board  of  regents shall consider such factors as: (a) whether the charter school would have the same or substantially the same board of trustees and/or officers as an  existing  private  school;  (b) whether  a  substantial  proportion  of  employees of the charter school would be  drawn  from  such  existing  private  school;  (c)  whether  a substantial  portion of the assets and property of such existing private school would be transferred to  the  charter  school;  (d)  whether  the charter  school  would  be  located  at  the  same site as such existing private school; (e) upon  renewal  only,  whether  such  private  school closed  within  one year of establishment of the charter school; and (f) upon renewal only, whether a substantial portion of the charter school's students were drawn from such existing private school.   4. Each individual applicant seeking to  establish  a  charter  school shall  submit  a  full set of fingerprints to the charter entity for the purpose of obtaining a state and federal  criminal  records  check.  The division  of  criminal  justice  services  is authorized to provide this information to the federal bureau of  investigation  and  to  perform  a state  and  federal  criminal records check on each applicant and report the results to the charter entity and the board of regents. The criminal records check shall be completed to  the  satisfaction  of  the  charter entity  prior  to  approval  of  the application. The department and the  division of criminal justice services shall enter into any memoranda  of agreement necessary to implement the requirements of this subdivision.   5.  Upon approval of an application by a charter entity, the applicant and charter entity shall enter into a proposed  agreement  allowing  the applicants  to  organize  and  operate  a  charter  school. Such written agreement, known as the  charter,  shall  include  (a)  the  information required by subdivision two of section twenty-eight hundred fifty-one of this  article,  as modified or supplemented during the approval process, (b) in the case of charters to be issued pursuant to subdivision  nine-a of this section, information required by such subdivision, (c) any other terms  or conditions required by applicable laws, rules and regulations, and (d) any other terms or conditions, not inconsistent with law, agreed upon by the applicant and the charter entity. In addition,  the  charter shall include the specific commitments of the charter entity relating to its obligations to oversee and supervise the charter school. Within five days  after  entering  into a proposed charter, the charter entity other than the board of regents shall submit to the board of regents a copy of the charter, the application  and  supporting  documentation  for  final approval  and  issuance  by  the  board  of  regents  in accordance with subdivisions five-a and five-b of this section.   5-a. Upon receipt of a proposed charter submitted by a charter entity, the board of regents shall review such proposed  charter  in  accordance with the standards set forth in subdivision two of this section, and any other  applicable  specifications required by this article. The board of regents shall either (a) approve and issue the charter  as  proposed  by the  charter  entity  or  (b) return the proposed charter to the charter entity for reconsideration with the written comments and recommendations of the board of regents. If the board of regents fails to  act  on  such proposed  charter  within  ninety days of its submission to the board of regents in accordance with the previous sentence, the  proposed  charter shall be deemed to have been approved and issued by the board of regents at the expiration of such period.   5-b. If the board of regents returns a proposed charter to the charter entity pursuant to the provisions of subdivision five-a of this section, such  charter  entity shall reconsider the proposed charter, taking into consideration the comments and recommendation of the board  of  regents. Thereafter,  the  charter  entity shall resubmit the proposed charter to the board of regents with modifications,  provided  that  the  applicant consents in writing to such modifications, resubmit the proposed charter to  the  board of regents without modifications, or abandon the proposed charter. The  board  of  regents  shall  review  each  such  resubmitted proposed charter in accordance with the provisions of subdivision five-a of  this  section;  provided,  however, that it shall be the duty of the board of regents to approve and issue a proposed charter resubmitted  by the  charter  entity  described in paragraph (b) of subdivision three of section twenty-eight hundred fifty-one of  this  article  within  thirty days  of  the  resubmission  of  such  proposed charter or such proposed charter shall be deemed approved and issued at the  expiration  of  such period.   6.  The  denial  of  an  application for a charter school by a charter entity shall be in writing and shall state the reasons for  the  denial. Notwithstanding  any  provision  of  law to the contrary, such denial is final and shall not be reviewable in any court or by any  administrative body.   7. (a) A revision of a charter shall be made only upon the approval of the  charter  entity  and  the  board  of regents in accordance with the provisions of subdivisions five-a and five-b of this section.  (b) When a revision of a charter involves the relocation of a  charter school  to a different school district, the proposed new school district shall  be  given  at  least  forty-five  days  notice  of  the  proposed relocation.  In addition, the applicant shall provide an analysis of the community  support for such relocation and of the projected programmatic and fiscal impact of the charter  school  on  the  proposed  new  school district of location and other public and nonpublic schools in the area.   8. A charter entity shall not charge a fee or require reimbursement of expenses  for considering a charter application, for approving a charter application or for providing oversight of a charter school.   9. The total number  of  charters  issued  pursuant  to  this  article statewide  shall  not exceed four hundred sixty. (a) All charters issued on or after July first, two thousand  fifteen  and  counted  toward  the numerical  limits established by this subdivision shall be issued by the board of regents upon application directly to the board of regents or on the recommendation of the board of trustees of the state  university  of New   York   pursuant  to  a  competitive  process  in  accordance  with subdivision nine-a of this section. Fifty of such charters issued on  or after July first, two thousand fifteen, and no more, shall be granted to a  charter  for  a school to be located in a city having a population of one million or more. The failure of any body to  issue  the  regulations authorized  pursuant to this article shall not affect the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such charter. A conversion of an existing public school to a charter school, or the  renewal  or  extension  of  a charter  approved by any charter entity, shall not be counted toward the numerical limits established by this subdivision.  (b) A charter that has been surrendered, revoked or terminated  on  or before  July  first,  two thousand fifteen, including a charter that has not been renewed by action  of  its  charter  entity,  may  be  reissued pursuant  to  paragraph  (a) of this subdivision by the board of regents either upon application directly to the  board  of  regents  or  on  the recommendation  of  the board of trustees of the state university of New York pursuant to a competitive process in  accordance  with  subdivision nine-a  of  this  section.  Provided  that  such reissuance shall not be counted  toward  the  statewide  numerical  limit  established  by  this subdivision,  and provided further that no more than twenty-two charters may be reissued pursuant to this paragraph.  (c) For purposes of determining the total number  of  charters  issued within  the  numerical  limits  established  by  this  subdivision,  the approval date of the charter entity shall be the determining factor.  (d) Notwithstanding any provision of this article to the contrary, any charter authorized to be issued by chapter fifty-seven of  the  laws  of two  thousand  seven  effective July first, two thousand seven, and that remains unissued as of July first, two thousand fifteen, may  be  issued pursuant  to the provisions of law applicable to a charter authorized to be issued by such chapter in effect as of June fifteenth,  two  thousand fifteen;  provided  however  that  nothing  in  this  paragraph shall be construed to increase the numerical limit applicable to a city having  a population  of  one million or more as provided in paragraph (a) of this subdivision, as amended by a chapter of the laws of two thousand fifteen which added this paragraph.   9-a. (a) The board of regents is hereby  authorized  and  directed  to issue  four  hundred  sixty  charters statewide upon either applications submitted directly to the board of regents or upon the recommendation of the board of trustees of the state university of New York pursuant to  a competitive request for proposals process.    The  board  of  regents  shall make a determination to issue a charter pursuant to a request for proposals no later than December  thirty-first of each year.  (b)  The  board  of  regents  and  the  board of trustees of the state university of New York shall each develop such request for proposals  in a  manner  that  facilitates  a  thoughtful  review  of  charter  school applications, considers the demand for charter schools by the community, and seeks to locate charter schools in a region or regions  where  there may  be  a  lack  of  alternatives  and  access to charter schools would provide new alternatives within the local public education  system  that would  offer  the greatest educational benefit to students. Applications shall be evaluated  in  accordance  with  the  criteria  and  objectives contained  within  a request for proposals. The board of regents and the board of trustees of the state university of New York shall not consider any applications which do not rigorously demonstrate that they have  met the following criteria:  (i)  that  the proposed charter school would 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. 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  proposed  charter  school  would  be  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; and  (ii)  that  the applicant has conducted public outreach, in conformity with a thorough and meaningful public review process prescribed  by  the board  of  regents  and the board of trustees of the state university of New York, to solicit community  input  regarding  the  proposed  charter school  and  to  address  comments  received from the impacted community concerning the educational and programmatic needs of students.  (c) The board of regents and  the  board  of  trustees  of  the  state university of New York shall grant priority based on a scoring rubric to those  applications  that  best  demonstrate  how  they will achieve the following objectives, and any additional objectives the board of regents and the board of trustees of the  state  university  of  New  York,  may prescribe:  (i)  increasing student achievement and decreasing student achievement gaps in reading/language arts and mathematics;  (ii) increasing high school graduation rates and focusing  on  serving specific  high school student populations including, but not limited to, students at risk of not obtaining a  high  school  diploma,  re-enrolled high  school  drop-outs,  and  students with academic skills below grade level;  (iii) focusing on the academic achievement of middle  school  students and preparing them for a successful transition to high school;  (iv)   utilizing   high-quality  assessments  designed  to  measure  a student's knowledge, understanding of, and ability  to  apply,  critical concepts through the use of a variety of item types and formats;  (v)   increasing   the   acquisition,   adoption,  and  use  of  local instructional improvement systems that provide teachers, principals, and administrators with the information and resources they  need  to  inform and  improve their instructional practices, decision-making, and overall effectiveness;  (vi)  partnering  with  low  performing  public schools in the area to share best educational practices and innovations;  (vii) demonstrating the management and leadership techniques necessary to  overcome  initial  start-up  problems  to  establish   a   thriving, financially viable charter school;  (viii)  demonstrating  the support of the school district in which the proposed charter school will be located and the intent to  establish  an ongoing relationship with such school district.  (d)  No  later  than  November  first,  two  thousand ten, and of each succeeding year, after a thorough review of applications  received,  the board  of  trustees  of the state university of New York shall recommend for approval to the board of regents the qualified applications that  it has  determined rigorously demonstrate the criteria and best satisfy the objectives  contained  within  a  request  for  proposals,  along   with supporting documentation outlining such determination.  (e)  Upon  receipt of a proposed charter to be issued pursuant to this subdivision submitted by a charter entity, the board of regents  or  the board  of  trustees  of  the state university of New York, shall review, recommend and issue, as applicable, such charters in accordance with the standards established in this subdivision.  (f) The board of regents shall be the only entity authorized to  issue a  charter pursuant to this article. The board of regents shall consider applications submitted directly to the board of regents and applications recommended by the board of trustees of  the  state  university  of  New York. Provided, however, that all such recommended applications shall be deemed  approved  and  issued pursuant to the provisions of subdivisions five, five-a and five-b of this section.  (g) Each application submitted in response to a request for  proposals pursuant   to   this   subdivision   shall  also  meet  the  application requirements set out in this article  and  any  other  applicable  laws, rules and regulations.  (h) During the development of a request for proposals pursuant to this subdivision  the board of regents and the board of trustees of the state university of New York shall each afford the public  an  opportunity  to submit comments and shall review and consider the comments raised by all interested parties.   10. Except in the case of a charter school formed by a school district as  a  charter  entity pursuant to paragraph (a) of subdivision three of section twenty-eight hundred fifty-one of this article, a charter school formed by approval of the regents or by operation of  law  on  or  after March  fifteenth in any school year shall not commence instruction until July of the second school year next following.