2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 56 - Charter Schools › 2854 - General Requirements.

§  2854.  General  requirements.  1.  Applicability of other laws. (a)
Notwithstanding any provision of law to the contrary, to the extent that
any provision of this article is inconsistent with any  other  state  or
local  law,  rule  or  regulation,  the provisions of this article shall
govern and be controlling.
(b) A charter school shall meet the  same  health  and  safety,  civil
rights,  and  student assessment requirements applicable to other public
schools, except as otherwise specifically provided in  this  article.  A
charter  school  shall  be  exempt  from all other state and local laws,
rules, regulations or policies  governing  public  or  private  schools,
boards  of  education,  school  districts  and  political  subdivisions,
including those relating to school personnel  and  students,  except  as
specifically  provided  in  the  school's  charter  or  in this article.
Nothing in this subdivision shall affect the requirements of  compulsory
education  of  minors  established  by part one of article sixty-five of
this chapter.
(c) A charter school shall be subject to  the  financial  audits,  the
audit  procedures,  and the audit requirements set forth in the charter,
and shall be subject to audits of the comptroller  of  the  city  school
district of the city of New York for charter schools located in New York
city,  and to the audits of the comptroller of the state of New York for
charter schools located in  the  rest  of  the  state,  at  his  or  her
discretion,  with  respect  to  the  school's financial operations. Such
procedures and standards shall be  consistent  with  generally  accepted
accounting  and  audit  standards.  Independent  fiscal  audits shall be
required at least once annually.
(d) A charter school shall design its educational programs to meet  or
exceed the student performance standards adopted by the board of regents
and the student performance standards contained in the charter. Students
attending  charter school shall be required to take regents examinations
to the same extent such examinations are required of other public school
students. A charter school  offering  instruction  in  the  high  school
grades  may grant regents diplomas and local diplomas to the same extent
as other public schools, and such other certificates and honors  as  are
specifically  authorized by their charter, and in testimony thereof give
suitable certificates, honors and diplomas under  its  seal;  and  every
certificate  and  diploma  so  granted shall entitle the conferee to all
privileges and immunities which by usage  or  statute  are  allowed  for
similar  diplomas  of  corresponding  grade  granted by any other public
school.
(e) A charter school shall be subject to the  provisions  of  articles
six and seven of the public officers law.
(f)  A  charter  school shall be subject to the provisions of sections
eight hundred, eight hundred  one,  eight  hundred  two,  eight  hundred
three,  eight  hundred  four,  eight hundred four-a, eight hundred five,
eight hundred five-a, eight hundred five-b and eight hundred six of  the
general  municipal  law to the same extent such sections apply to school
districts.
2. Admissions; enrollment; students.  (a) A charter  school  shall  be
nonsectarian  in its programs, admission policies, employment practices,
and all other operations and shall not charge tuition or fees;  provided
that  a charter school may require the payment of fees on the same basis
and to the same extent as other public schools. A charter  school  shall
not  discriminate  against  any student, employee or any other person on
the basis of ethnicity, national origin, gender, or  disability  or  any
other  ground  that  would be unlawful if done by a school. Admission of
students shall not be limited on  the  basis  of  intellectual  ability,
measures of achievement or aptitude, athletic ability, disability, race,

creed,   gender,  national  origin,  religion,  or  ancestry;  provided,
however, that nothing in this article shall be construed to prevent  the
establishment  of  a  single-sex  charter  school  or  a  charter school
designed to provide expanded learning opportunities for students at-risk
of  academic  failure or students with disabilities and English language
learners;  and  provided,  further,  that  the  charter   school   shall
demonstrate  good  faith  efforts  to attract and retain a comparable or
greater enrollment  of  students  with  disabilities,  English  language
learners,  and  students  who  are  eligible applicants for the free and
reduced price lunch program when compared to the enrollment figures  for
such  students  in  the  school  district in which the charter school is
located. A charter shall not be issued  to  any  school  that  would  be
wholly  or  in  part  under  the  control  or direction of any religious
denomination, or in which any denominational tenet or doctrine would  be
taught.
(b)  Any  child  who  is  qualified  under  the laws of this state for
admission to a public school is qualified for  admission  to  a  charter
school.  Applications  for  admission  to  a  charter  school  shall  be
submitted on a uniform application form created by  the  department  and
shall  be  made available by a charter school in languages predominately
spoken in the community in which such charter  school  is  located.  The
school   shall  enroll  each  eligible  student  who  submits  a  timely
application by the first day of April each year, unless  the  number  of
applications  exceeds  the  capacity  of the grade level or building. In
such cases, students shall be accepted from among applicants by a random
selection process, provided,  however,  that  an  enrollment  preference
shall  be  provided  to  pupils  returning  to the charter school in the
second or any subsequent year of operation and pupils  residing  in  the
school  district in which the charter school is located, and siblings of
pupils already enrolled in the charter school. Preference  may  also  be
provided  to  children  of  employees  of  the charter school or charter
management organization, provided that such children  of  employees  may
constitute  no  more  than fifteen percent of the charter school's total
enrollment. The commissioner shall establish regulations to require that
the random selection process conducted pursuant  to  this  paragraph  be
performed  in a transparent and equitable manner and to require that the
time and place of the random selection process be publicized in a manner
consistent with the requirements of section  one  hundred  four  of  the
public  officers law and be open to the public. For the purposes of this
paragraph and paragraph (a) of this subdivision, the school district  in
which  the  charter  school  is  located shall mean, for the city school
district of the city of New York, the community district  in  which  the
charter school is located.
(c) A charter school shall serve one or more of the grades one through
twelve,  and  shall  limit  admission  to pupils within the grade levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten program.
(d) A student may withdraw from a  charter  school  at  any  time  and
enroll  in a public school. A charter school may refuse admission to any
student who has been expelled or suspended from a  public  school  until
the  period  of  suspension  or  expulsion  from  the  public school has
expired, consistent with the requirements of due process.
3. School personnel. (a) An employee of a charter school shall  be  an
employee  of  the  education  corporation  formed to operate the charter
school and not an employee of the local school  district  in  which  the
charter  school  is  located.  An  employee of a charter school shall be
deemed to be a public employee solely for purposes of  article  fourteen
of  the civil service law, except for section two hundred twelve of such

law, and for no  other  purposes  unless  otherwise  specified  in  this
article,  the board of trustees of the charter school shall constitute a
board of education solely for purposes of article fourteen of the  civil
service  law, except for section two hundred twelve of such law, and for
no other purposes unless otherwise specified in this article, a  charter
school  shall  be  deemed to be a public employer solely for purposes of
article fourteen of the  civil  service  law,  except  for  section  two
hundred  twelve  of such law, and for no other purposes unless otherwise
specified in this article,  and  the  chief  executive  officer  of  the
charter  school  shall  be the person designated as such by the board of
trustees of the charter school.
(a-1) The board of trustees of  a  charter  school  shall  employ  and
contract  with  necessary  teachers,  administrators  and  other  school
personnel. Such teachers shall  be  certified  in  accordance  with  the
requirements applicable to other public schools; provided, however, that
a charter school may employ as teachers (i) uncertified teachers with at
least  three years of elementary, middle or secondary classroom teaching
experience;  (ii)  tenured  or  tenure  track  college  faculty;   (iii)
individuals  with two years of satisfactory experience through the Teach
for America  program;  and  (iv)  individuals  who  possess  exceptional
business,  professional,  artistic,  athletic,  or  military experience,
provided, however, that such teachers described in  clauses  (i),  (ii),
(iii),  and (iv) of this paragraph shall not in total comprise more than
the sum of: (A) thirty per centum of the teaching  staff  of  a  charter
school,  or  five teachers, whichever is less; plus (B) five teachers of
mathematics,  science,  computer  science,  technology,  or  career  and
technical  education;  plus  (C)  five  additional  teachers.  A teacher
certified or  otherwise  approved  by  the  commissioner  shall  not  be
included in the numerical limits established by the preceding sentence.
(a-2) (i) The board of trustees of a charter school shall require, for
purposes  of  a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five  of
this  chapter,  who do not hold valid clearance pursuant to such section
or pursuant to section three thousand four-b of this chapter or  section
five  hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
traffic  law.  Prior  to  initiating  the  fingerprinting  process,  the
prospective employer shall furnish the applicant with the form described
in  paragraph (c) of subdivision thirty of section three hundred five of
this chapter and shall obtain the applicant's consent  to  the  criminal
history records search. Every set of fingerprints taken pursuant to this
paragraph  shall  be promptly submitted to the commissioner for purposes
of clearance for employment.
(ii) Upon the recommendation of the chief  executive  officer  of  the
charter   school,  the  board  of  trustees  of  a  charter  school  may
conditionally appoint a prospective employee. A request for  conditional
clearance  shall  be  forwarded  to  the  commissioner  along  with  the
prospective employee's fingerprints, as required by subparagraph (i)  of
this  paragraph.  Such appointment shall not commence until notification
by the commissioner that the prospective employee has been conditionally
cleared for employment and shall terminate forty-five  days  after  such
notification  of  conditional clearance or when the prospective employer
is notified of a determination by the  commissioner  to  grant  or  deny
clearance,  whichever occurs earlier, and may not be extended or renewed
unless the commissioner issues a new conditional clearance after finding
that there was good cause for failing to obtain  clearance  within  such
period,  provided  that  if  clearance is granted, the appointment shall
continue  and  the  conditional  status  shall  be  removed.  Prior   to
commencement  of  such conditional appointment, the prospective employer

shall obtain a signed statement for  conditional  appointment  from  the
prospective  employee,  indicating  whether,  to  the best of his or her
knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal
conviction in any jurisdiction outside the state.
(iii)  Upon  the  recommendation of the chief executive officer of the
charter school, the board of trustees of a charter school  may  make  an
emergency  conditional  appointment when an unforeseen emergency vacancy
has occurred. When such appointment is made, the process for conditional
appointment pursuant to subparagraph (ii) of this paragraph must also be
initiated. Emergency  conditional  appointment  may  commence  prior  to
notification  from  the  commissioner on conditional clearance but shall
terminate twenty business days from the date such appointment  commences
or  when  the  prospective  employer  is  notified  by  the commissioner
regarding conditional clearance, whichever occurs earlier, provided that
if conditional clearance is granted, the appointment shall continue as a
conditional appointment. Prior to the commencement of such  appointment,
the  prospective  employer  must obtain a signed statement for emergency
conditional  appointment  from  the  prospective  employee,   indicating
whether,  to  the  best of his or her knowledge, he or she has a pending
criminal  charge  or  criminal  conviction  in  any   jurisdiction.   An
unforeseen  emergency  vacancy  shall  be defined as: (1) a vacancy that
occurred less than ten business days before  the  start  of  any  school
session,   including  summer  school,  or  during  any  school  session,
including  summer  school,  without  sufficient  notice  to  allow   for
clearance  or  conditional clearance; (2) when no other qualified person
is available to fill the vacancy temporarily;  and  (3)  when  emergency
conditional  appointment  is  necessary  to  maintain services which the
charter school is legally required to provide or services  necessary  to
protect  the  health,  education  or  safety  of  students or staff. The
provisions of clause one of this subparagraph shall  not  apply  if  the
board  finds that the charter school has been unable to fill the vacancy
despite good faith efforts to fill such vacancy in a manner which  would
have allowed sufficient time for clearance or conditional clearance.
(iv)  Shall  develop  a policy for the safety of the children who have
contact with an employee holding conditional  appointment  or  emergency
conditional appointment.
(a-3)   The   board  of  trustees  of  a  charter  school  shall  upon
commencement and termination of employment of an employee by the charter
school district, provide the commissioner with the name of and  position
held by such employee.
(b)  The  school employees of a charter school that has been converted
from an existing public school who are eligible for representation under
article fourteen of the civil service law shall be deemed to be included
within the negotiating unit containing like titles or positions, if any,
for the school district in which such  charter  school  is  located  and
shall  be  subject  to the collective bargaining agreement covering that
school district negotiating unit; provided, however, that a majority  of
the members of a negotiating unit within a charter school may modify, in
writing,   a   collective  bargaining  agreement  for  the  purposes  of
employment in the charter school with  the  approval  of  the  board  of
trustees of the charter school.
(b-1)  The employees of a charter school that is not a conversion from
an existing public school shall not be deemed members  of  any  existing
collective bargaining unit representing employees of the school district
in  which  the charter school is located, and the charter school and its
employees shall not be subject to  any  existing  collective  bargaining
agreement  between  the  school  district  and  its employees. Provided,
however, that (i) if the student enrollment of the charter school on the

first day on which the  charter  school  commences  student  instruction
exceeds  two hundred fifty or if the average daily student enrollment of
such school exceeds two hundred fifty students at any point  during  the
first  two years after the charter school commences student instruction,
all employees of the school who are eligible  for  representation  under
article  fourteen  of  the  civil  service  law  shall  be  deemed to be
represented in a separate negotiating unit at the charter school by  the
same  employee  organization,  if any, that represents like employees in
the school district in which such charter school is  located;  (ii)  the
provisions  of subparagraph (i) of this paragraph may be waived in up to
ten charters issued on the recommendation  of  the  charter  entity  set
forth  in  paragraph  (b)  of  subdivision three of section twenty-eight
hundred fifty-one of this article; (iii) the provisions of  subparagraph
(i)  of  this  paragraph  shall  not  be  applicable  to  the renewal or
extension of a charter; and (iv)  nothing  in  this  sentence  shall  be
construed  to subject a charter school subject to the provisions of this
paragraph or  its  employees  to  any  collective  bargaining  agreement
between  any  public  school  district  and its employees or to make the
employees of such charter school part of any negotiating  unit  at  such
school  district. The charter school may, in its sole discretion, choose
whether or not to offer the terms of any existing collective  bargaining
to school employees.
(c) The employees of the charter school may be deemed employees of the
local  school district for the purpose of providing retirement benefits,
including membership  in  the  teachers'  retirement  system  and  other
retirement  systems  open  to employees of public schools. The financial
contributions for such benefits  shall  be  the  responsibility  of  the
charter   school  and  the  school's  employees.  The  commissioner,  in
consultation  with  the  comptroller,  shall  develop   regulations   to
implement  the  provisions  of  this  paragraph  in a manner that allows
charter schools to provide retirement benefits to its employees  in  the
same manner as other public school employees.
(c-1)  Reasonable  access.  (i) If employees of the charter school are
not represented, any charter school chartered pursuant to  this  article
must  afford  reasonable  access to any employee organization during the
reasonable  proximate  period  before  any  representation  question  is
raised; or
(ii)  If  the  employee  organization  is  a challenging organization,
reasonable access must  be  provided  to  any  organization  seeking  to
represent  employees  beginning  with  a  date reasonably proximate to a
challenge period. Reasonableness is defined, at  a  minimum,  as  access
equal to that provided to the incumbent organization.
(c-2)  Employer  neutrality.  It  shall  be an improper practice for a
charter school board of  directors,  chief  administrative  officer  and
their  agents  to commit any of the acts set forth in subdivision one of
section two hundred nine-a  of  the  civil  service  law  and  could  in
accordance with section twenty-eight hundred fifty-five of this article,
result in the revocation of the charter.
(d) A teacher employed by a school district may make a written request
to the board of education for an extended leave of absence to teach at a
charter  school.  Approval  for  such a leave of absence for a period of
three years or less shall not be unreasonably withheld. If such approval
is granted to a teacher by the school district, the teacher  may  return
to  teach in the school district during such period of leave without the
loss of any right of certification, retirement, seniority, salary status
or any other  benefit  provided  by  law  or  by  collective  bargaining
agreement. If an appropriate position is unavailable, the teacher's name
shall  be  placed  on  a  preferred  eligible  list  of  candidates  for

appointment to a vacancy that may  thereafter  occur  in  an  office  or
position  similar to the one such teacher filled in such school district
immediately prior to the leave of service.
(d-1)  In  a  school  district  of  a  city having a population of one
million or more, a principal employed by such school district may make a
written request to the board of  education  for  an  extended  leave  of
absence to serve as a principal of a charter school. Approval for such a
leave  of  absence  for  a  period  of  three years or less shall not be
unreasonably withheld. If such approval is granted to a principal by the
school district, the principal may return to serve as a principal in the
school district during such period of leave  without  the  loss  of  any
right  of  certification,  retirement,  seniority,  salary status or any
other benefit provided by law or by collective bargaining agreement.  If
an  appropriate  position  is unavailable, the principal's name shall be
placed on a preferred eligible list of candidates for appointment  to  a
vacancy  that  may  thereafter occur in an office or position similar to
the one such principal filled in such school district immediately  prior
to the leave of service.