2023 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;
(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; and
(e)  for applicants for an initial charter pursuant to paragraph (b-1)
of subdivision nine of this section in a school district  located  in  a
city  with  a population of one million or more, the total enrollment of
students attending charter schools  within  the  community  district  in
which  the  charter school will be located in the base year is less than
or equal to fifty-five percent of the  total  public  school  enrollment
attending within such community district in the base year.
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.
(b-1) A charter that has been surrendered, revoked or terminated after
January first, two thousand fifteen, but before July first, two thousand
twenty-two,  including  a charter that has not been renewed by action of
its charter entity, may be reissued once 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
numerical limits established by this subdivision, and  provided  further
that  no  more than twenty-two charters may be reissued pursuant to this
paragraph, provided that fourteen of such  reissued  charters  shall  be
allocated for, and shall not be counted toward the numerical limit in, a
city having a population of one million or more established in paragraph
(a) of this subdivision. Nothing herein shall be construed to allow more

than fourteen such charters to be reissued in a city having a population
of one million or more.
(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.