2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 56 - Charter Schools › 2853 - Charter School Organization; Oversight; Facilities.

§   2853.  Charter  school  organization;  oversight;  facilities.  1.
Organization and legal status.  (a) Upon the approval of  a  charter  by
the board of regents, the board of regents shall incorporate the charter
school  as an education corporation for a term not to 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
board of regents shall incorporate the charter school  as  an  education
corporation  for a term not to 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.
Such certificate of incorporation shall not modify or limit any terms of
the  charter  approved  by  the  board  of  regents. Upon approval of an
application to renew a charter, the board of regents  shall  extend  the
certificate  of  incorporation for a term not to exceed five years. Upon
termination or nonrenewal of the charter of a charter school pursuant to
section twenty-eight hundred fifty-five of this article, the certificate
of incorporation of the charter school shall be revoked by the board  of
regents  pursuant  to  section  two  hundred  nineteen  of this chapter,
provided that compliance with the notice  and  hearing  requirements  of
such  section  twenty-eight  hundred fifty-five of this article shall be
deemed to satisfy the notice and hearing requirements  of  such  section
two  hundred  nineteen.  It  shall  be  the  duty of the trustees of the
charter school to obtain federal tax-exempt status  no  later  than  one
year following approval of a charter school by the board of regents. For
purposes  of this article, "certificate of incorporation" shall mean the
provisional charter issued by the board of regents to form  the  charter
school  as  an  educational corporation pursuant to sections two hundred
sixteen and two hundred seventeen of this chapter.
(b) An education corporation organized to  operate  a  charter  school
shall have all corporate powers necessary and desirable for carrying out
a  charter  school  program  in  accordance  with the provisions of this
article, other applicable laws and regulations  and  the  terms  of  the
charter,  including all of the powers of an education corporation formed
to operate an elementary or secondary school and  those  powers  granted
under the provisions of the not-for-profit corporation law that are made
applicable  to  charter schools by section two hundred sixteen-a of this
chapter. The powers of the trustees of the charter school shall  include
those  powers  specified  in  section  two  hundred  twenty-six  of this
chapter.
(b-1) An education corporation operating a  charter  school  shall  be
authorized  to  operate  more than one school or house any grade at more
than one site, provided that a charter must  be  issued  for  each  such
additional  school  or  site in accordance with the requirements for the
issuance of a charter pursuant  to  this  article  and  that  each  such
additional  school  or  site shall count as a charter issued pursuant to
subdivision nine of section  twenty  eight  hundred  fifty-two  of  this
article; and provided further that:
(A) a charter school may operate in more than one building at a single
site; and
(B)  a  charter  school  which provides instruction to its students at
different locations for a portion of their school day shall be deemed to
be operating at a single site.
(c) A charter school shall be deemed  an  independent  and  autonomous
public  school,  except  as  otherwise  provided  in this article, and a
political subdivision having  boundaries  coterminous  with  the  school
district  or  community  school  district in which the charter school is
located. The charter entity and the board of regents shall be deemed  to

be  the  public  agents  authorized to supervise and oversee the charter
school.
(d)  The  powers  granted  to  a  charter  school  under  this article
constitute the performance of essential public purposes and governmental
purposes of this state. A charter school shall be  exempt  to  the  same
extent  as  other public schools from all taxation, fees, assessments or
special ad valorem levies on its earnings and  its  property,  including
property  leased  by the charter school. Instruments of conveyance to or
from a charter school and any bonds or notes issued by a charter school,
together with the income therefrom, shall at all times  be  exempt  from
taxation.
(e)  A  charter  school  shall  not have the power to levy taxes or to
acquire property by eminent domain.
(f) The board of trustees of  the  charter  school  shall  have  final
authority  for  policy  and operational decisions of the school. Nothing
herein shall prohibit the board of trustees of  a  charter  school  from
delegating  decision-making  authority  to officers and employees of the
school in accordance with the provisions of the charter.
(g) Notwithstanding any provision of law to  the  contrary,  no  civil
liability  shall  attach to any charter entity, the board of regents, or
to any of their members or employees, individually or collectively,  for
any  acts  or  omissions of the charter school. Neither the local school
district, the charter entity nor the state shall be liable for the debts
or financial obligations of a charter school or any person or  corporate
entity who operates a charter school.
2.  The  board of regents and charter entity shall oversee each school
approved by such entity, and may visit, examine  into  and  inspect  any
charter  school,  including  the  records  of  such  school,  under  its
oversight. Oversight by a charter entity and the board of regents  shall
be  sufficient  to  ensure that the charter school is in compliance with
all applicable laws, regulations and charter provisions.
2-a. For schools approved by an entity described in paragraph  (b)  or
(c)  of  subdivision  three of section twenty-eight hundred fifty-one of
this article, the school district in which the charter school is located
shall have the right to visit, examine into,  and  inspect  the  charter
school for the purpose of ensuring that the school is in compliance with
all applicable laws, regulations and charter provisions. Any evidence of
non-compliance  may be forwarded by such school district to the board of
regents  and  the  charter  entity  for  action  pursuant   to   section
twenty-eight hundred fifty-five of this article.
3.  Facilities.
(a)  A  charter school may be located in part of an
existing public school building, in space provided  on  a  private  work
site,  in a public building or in any other suitable location. Provided,
however, before a charter school may be located in part of  an  existing
public  school  building, the charter entity shall provide notice to the
parents or guardians of the  students  then  enrolled  in  the  existing
school  building  and  shall  hold  a  public  hearing  for  purposes of
discussing the location of the charter school. A charter school may own,
lease or rent its space.
(a-1) (i) For  charters  issued  pursuant  to  subdivision  nine-a  of
section twenty-eight hundred fifty-two of this article located outside a
city  school  district  in  a city having a population of one million or
more inhabitants, the department shall approve plans and  specifications
and  issue  certificates  of  occupancy  for  such charter schools. Such
charter schools shall comply with all department health,  sanitary,  and
safety  requirements  applicable  to facilities and shall be treated the
same as other public schools for purposes  of  local  zoning,  land  use
regulation  and  building  code  compliance.  Provided however, that the

department shall be authorized to grant  specific  exemptions  from  the
requirements  of  this  paragraph to charter schools upon a showing that
compliance with such requirements creates an undue economic hardship  or
that  some  other  good  cause  exists  that  makes compliance with this
paragraph extremely impractical. A demonstrated effort to  overcome  the
stated obstacles must be provided.
(ii)  In  a  city  school  district in a city with a population of one
million or more, all charters authorized to be issued by the chapter  of
the  laws  of  two  thousand ten which amended this subdivision shall be
obligated to comply with the department's health,  safety  and  sanitary
requirements  applicable to facilities to the same extent as non-charter
public schools in such a city school district.
(a-2) A charter school shall be deemed a nonpublic school for purposes
of local zoning, land use regulation and building code compliance if  it
has  been  granted  an exemption by the department pursuant to paragraph
(a-1) of this subdivision or if its charter was not issued  pursuant  to
subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
article.
(a-3)(1) Before a charter school may be located or  co-located  in  an
existing  public  school  building  in  a city school district in a city
having a population of one million or more inhabitants,  the  chancellor
shall  identify which public school buildings may be subject to location
or co-location, provide the rationale  as  to  why  such  public  school
building  is  identified  for location or co-location and shall make all
such information publicly available,  including  via  the  city  board's
official  internet  website.  In  addition, the chancellor shall provide
widespread  notice  of  such  information  including  to  the  community
superintendent,   community   district   education   council   and   the
school-based management team. After a public school  building  has  been
selected  for  a  proposed location or co-location, the chancellor shall
develop a building usage plan in accordance with this paragraph.
(2) The building usage plan shall be developed by the  chancellor  for
each  school  that  has  been  definitively identified for a location or
co-location. The building usage plan shall  include,  but  need  not  be
limited to, the following information:
(A)  the actual allocation and sharing of classroom and administrative
space between the charter and non-charter schools;
(B) a proposal for the collaborative usage  of  shared  resources  and
spaces between the charter school and the non-charter schools, including
but  not  limited to, cafeterias, libraries, gymnasiums and recreational
spaces, including playgrounds which assures  equitable  access  to  such
facilities  in  a  similar manner and at reasonable times to non-charter
school students as provided to charter school students;
(C) justification of the feasibility of the proposed  allocations  and
schedules  set forth in clauses (A) and (B) of this subparagraph and how
such proposed allocations and shared usage would result in an  equitable
and comparable use of such public school building;
(D) building safety and security;
(E) communication strategies to be used by the co-located schools; and
(F)  collaborative  decision-making  strategies  to  be  used  by  the
co-located  schools  including  the  establishment  of  a  shared  space
committee pursuant to paragraph (a-four) of this subdivision.
(3)  A  building  usage plan developed by the chancellor in accordance
with this paragraph shall be  included  within  the  educational  impact
statement  required  by  paragraph  (b)  of subdivision two-a of section
twenty-five hundred ninety-h  of  this  title  and  be  subject  to  the
requirements  of  subdivision two-a of such section prior to approval by

the board of education pursuant to paragraph h  of  subdivision  one  of
section twenty-five hundred ninety-g of this title.
(4)  A  building  usage plan developed by the chancellor in accordance
with this paragraph may be revised and such revision shall require board
of education approval  consistent  with  the  requirements  pursuant  to
subdivision seven of section twenty-five hundred ninety-g of this title.
(5)  The  building  usage plan shall be made publicly available by the
chancellor, including via the city board's  official  internet  website,
and  a  copy  shall  also  be  filed  with  the city board, the impacted
community  district  education  council,  community  boards,   community
superintendent, and school based management team.
(a-4)  In  a city school district in a city having a population of one
million  or  more  inhabitants,  a  shared  space  committee  shall   be
established  in each public school building in which one or more charter
schools are located or co-located within a public school  building  with
non-charter   public  schools.  The  shared  space  committee  shall  be
comprised of the principal, a teacher, and a parent of  each  co-located
school.  Such  committee  shall  conduct regular meetings, at least four
times per school year, to review implementation of  the  building  usage
plan developed pursuant to paragraph (a-three) of this subdivision.
(a-5)  Notwithstanding any provision to the contrary, in a city school
district  in  a  city  having  a  population  of  one  million  or  more
inhabitants,  the  determination to locate or co-locate a charter school
within a public school building and the implementation of and compliance
with the building usage plan developed pursuant to  paragraph  (a-three)
of  this subdivision that has been approved by the board of education of
such city school district pursuant to paragraph (h) of  subdivision  one
of  section  twenty-five  hundred  ninety-g  of  this  title  and  after
satisfying the requirements of subdivision two-a of section  twenty-five
hundred  ninety-h  of  this  title  may  be appealed to the commissioner
pursuant to section three hundred ten of this chapter. Provided further,
the revision of a building usage plan approved by the board of education
consistent with  the  requirements  pursuant  to  subdivision  seven  of
section  twenty-five hundred ninety-g of this title may also be appealed
to the commissioner on the grounds that such revision fails to meet  the
standards set forth in clause (B) of subparagraph two of paragraph (a-3)
of  this  subdivision.  Following a petition for such appeal pursuant to
this paragraph, such  city  school  district  shall  have  ten  days  to
respond.  The  petition must be dismissed, adjudicated or disposed of by
the commissioner within ten days of  the  receipt  of  the  city  school
district's response.
(b)  A  charter school may pledge, assign or encumber its assets to be
used as collateral for loans or extensions of credit; provided, however,
that a charter school shall not pledge or assign monies provided, or  to
be provided, pursuant to subdivision one of section twenty-eight hundred
fifty-six   of   this   article  in  connection  with  the  purchase  or
construction, acquisition, reconstruction, rehabilitation or improvement
of a school facility.
(c) The office of general services shall annually publish  a  list  of
vacant  and unused buildings and vacant and unused portions of buildings
that are owned by the state and that may be suitable for  the  operation
of  a  charter  school.  Such  list  shall be provided to applicants for
charter schools and to existing charter schools. At  the  request  of  a
charter  school or a prospective applicant, a school district shall make
available a list of vacant and unused school buildings  and  vacant  and
unused portions of school buildings, including private school buildings,
within  the  school district that may be suitable for the operation of a
charter school.
(d) Notwithstanding any other provision to the  contrary,  in  a  city
school  district  in  a  city having a population of one million or more
inhabitants, the chancellor must first authorize in writing any proposed
capital improvements or facility upgrades in  excess  of  five  thousand
dollars,  regardless  of  the source of funding, made to accommodate the
co-location of a charter school within a public school building. For any
such improvements or upgrades that have been approved by the chancellor,
capital improvements or facility upgrades shall be  made  in  an  amount
equal  to  the  expenditure  of  the charter school for each non-charter
public school  within  the  public  school  building.  For  any  capital
improvements  or  facility  upgrades  in excess of five thousand dollars
that have been approved by the chancellor, regardless of the  source  of
funding,  made  in  a charter school that is already co-located within a
public  school  building,  matching  capital  improvements  or  facility
upgrades  shall  be  made  in  an amount equal to the expenditure of the
charter school for each non-charter  public  school  within  the  public
school building within three months of such improvements or upgrades.
(e)  In  a  city  school district in a city having a population of one
million  or  more  inhabitants,  charter  schools  that  first  commence
instruction  or  that  require  additional  space due to an expansion of
grade level, pursuant to this article, approved by their charter  entity
for  the  two  thousand  fourteen--two  thousand  fifteen school year or
thereafter and request co-location in a public school building shall  be
provided  access  to  facilities  pursuant  to  this  paragraph for such
charter  schools  that  first  commence  instruction  or  that   require
additional  space  due  to an expansion of grade level, pursuant to this
article, approved  by  their  charter  entity  for  those  grades  newly
provided.
(1) Notwithstanding any other provision of law to the contrary, within
the  later  of  (i) five months after a charter school's written request
for co-location and (ii) thirty days after the charter school's  charter
is  approved  by  its  charter  entity,  the  city school district shall
either: (A) offer at no cost to the charter school a co-location site in
a public school building approved by the board of education as  provided
by  law,  or  (B) offer the charter school space in a privately owned or
other publicly owned facility at the expense of the city school district
and at no cost to the charter school.  The  space  must  be  reasonable,
appropriate  and  comparable  and in the community school district to be
served by the charter school and otherwise in reasonable proximity.
(2) No later than thirty days after approval by the board of education
or expiration of the offer period prescribed in subparagraph one of this
paragraph, the charter  school  shall  either  accept  the  city  school
district's offer or appeal in accordance with subparagraph three of this
paragraph. If no appeal is taken, the city's offer or refusal to make an
offer  shall  be final and non-reviewable. The charter school may appeal
as early as issuance of an educational impact statement for the proposed
co-location.
(3) The charter school shall have the option  of  appealing  the  city
school  district's  offer or failure to offer a co-location site through
binding arbitration  in  accordance  with  subparagraph  seven  of  this
paragraph,  an  expedited appeal to the commissioner pursuant to section
three hundred ten of this  chapter  and  the  procedures  prescribed  in
paragraph (a-5) of this subdivision, or a special proceeding pursuant to
article  seventy-eight  of the civil practice law and rules. In any such
appeal, the standard of review  shall  be  the  standard  prescribed  in
section seventy-eight hundred three of the civil practice law and rules.
(4)  If  the  appeal  results  in a determination in favor of the city
school district, the city's offer shall be final and the charter  school

may either accept such offer and move into the space offered by the city
school  district  at  the  city  school district's expense, or locate in
another site at the charter school's expense.
(5)  For  a  new  charter  school  whose  charter is granted or for an
existing charter school whose expansion of grade level, pursuant to this
article, is approved by their charter entity, if the appeal results in a
determination in favor of the charter school, the city  school  district
shall  pay  the charter school an amount attributable to the grade level
expansion or the formation of the new charter school that  is  equal  to
the lesser of:
(A)  the  actual  rental  cost  of an alternative privately owned site
selected by the charter school or
(B) thirty percent of  the  product  of  the  charter  school's  basic
tuition  for  the  current  school year and (i) for a new charter school
that first commences instruction on or after July  first,  two  thousand
fourteen,  the  charter  school's current year enrollment; or (ii) for a
charter school which expands its grade level, pursuant to this  article,
the  positive  difference  of  the  charter  school's  enrollment in the
current school year minus the charter school's enrollment in the  school
year prior to the first year of the expansion.
(6)  An  arbitration  in an appeal pursuant to this paragraph shall be
conducted by a  single  arbitrator  selected  in  accordance  with  this
subparagraph  from  a  list of arbitrators from the American arbitration
association's panel of labor  arbitrators,  with  relevant  biographical
information,  submitted by such association to the commissioner pursuant
to paragraph a of subdivision three of section three  thousand  twenty-a
of  this  chapter.  Upon request by the charter school, the commissioner
shall forthwith send a copy of such list  and  biographical  information
simultaneously  to  the  charter  school  and  city school district. The
parties shall, by mutual agreement, select an arbitrator from  the  list
within fifteen days from receipt of the list, and if the parties fail to
agree  on  an  arbitrator  within such fifteen day period or fail within
such fifteen day period to notify the commissioner  that  an  arbitrator
has been selected, the commissioner shall appoint an arbitrator from the
list  to  serve as the arbitrator. The arbitration shall be conducted in
accordance with the American arbitration association's rules  for  labor
arbitration,  except  that  the  arbitrator  shall conduct a pre-hearing
conference within ten to fifteen days  of  agreeing  to  serve  and  the
arbitration  shall  be completed and a decision rendered within the time
frames prescribed  for  hearings  pursuant  to  section  three  thousand
twenty-a of this chapter. The arbitrator's fee shall not exceed the rate
established  by  the  commissioner  for  hearings  conducted pursuant to
section three thousand twenty-a of this chapter, and the  cost  of  such
fee,  the  arbitrator's  necessary travel and other reasonable expenses,
and all other hearing expenses shall be borne equally by the parties  to
the arbitration.
4.  Public  and  private  assistance  to  charter  schools.  * (a) For
purposes of sections seven hundred  one,  seven  hundred  eleven,  seven
hundred  fifty-one  and  nine  hundred twelve of this chapter, a charter
school shall be deemed a nonpublic school in the school district  within
which  the  charter  school  is  located. Special education programs and
services shall be provided to students with  a  disability  attending  a
charter  school  in accordance with the individualized education program
recommended by the committee or subcommittee on special education of the
student's school district of residence. The charter school  may  arrange
to  have  such services provided by such school district of residence or
by the charter school directly or by  contract  with  another  provider.
Where  the  charter  school  arranges  to  have  the  school district of

residence provide such special  education  programs  or  services,  such
school  district  shall provide services in the same manner as it serves
students with  disabilities  in  other  public  schools  in  the  school
district,  including the provision of supplementary and related services
on site to the same extent to which it  has  a  policy  or  practice  of
providing such services on the site of such other public schools.
* NB Effective until June 30, 2024
* (a)  For  purposes  of  sections  seven  hundred  one, seven hundred
eleven, seven hundred fifty-one and nine hundred twelve of this chapter,
a charter school shall be  deemed  a  nonpublic  school  in  the  school
district  within  which the charter school is located. Special education
programs and services shall be provided to students  with  a  disability
attending  a  charter  school  in  accordance  with  the  individualized
education program  recommended  by  the  committee  or  subcommittee  on
special  education  of  the  student's school district of residence. The
charter school may arrange to have such services provided by such school
district of residence or by the charter school directly or  by  contract
with another provider.
* NB Effective June 30, 2024
(b)  For  purposes  of  section thirty-six hundred thirty-five of this
chapter, a charter school  shall  be  deemed  a  nonpublic  school.  The
charter  and  application  therefor  shall set forth the manner in which
students ineligible for transportation pursuant  to  section  thirty-six
hundred  thirty-five  of  this  chapter shall be transported to and from
school. Any supplemental transportation provided  by  a  charter  school
shall  comply  with  all  transportation  safety  laws  and  regulations
applicable to other public schools. A school district may enter  into  a
contract  for the provision of supplemental transportation services to a
charter school, and any such services shall be provided  by  the  school
district at cost.
(c)  A charter school may contract with the governing body of a public
college or university for the use of a school building and grounds,  the
operation  and maintenance thereof. Any such contract shall provide such
services or facilities at cost.  A  school  district  shall  permit  any
charter  school  granted approval to co-locate, to use such services and
facilities without cost.
(d) Private  persons  and  organizations  are  encouraged  to  provide
funding  and  other  assistance  to  the  establishment  or operation of
charter schools.
(e) The school district of residence of children attending  a  charter
school  may,  but is not required to, allow such children to participate
in athletic and extra-curricular activities of the district's schools.