2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 56 - Charter Schools › 2855 - Causes for Revocation or Termination.

§  2855.  Causes for revocation or termination. 1. The charter entity,
or the board of regents,  may  terminate  a  charter  upon  any  of  the
following grounds:
(a)  When  a  charter  school's outcome on student assessment measures
adopted by the board of regents falls below the level that  would  allow
the  commissioner  to  revoke the registration of another public school,
and student achievement on such measures has not shown improvement  over
the preceding three school years;
(b) Serious violations of law;
(c)  Material  and  substantial  violation  of  the charter, including
fiscal mismanagement;
(d) When the public employment relations board makes  a  determination
that the charter school demonstrates a practice and pattern of egregious
and  intentional  violations  of  subdivision one of section two hundred
nine-a  of  the  civil  service  law  involving  interference  with   or
discrimination  against  employee  rights  under article fourteen of the
civil service law; or
(e) Repeated failure to comply with the requirement to meet or  exceed
enrollment  and retention targets of students with disabilities, English
language learners, and students who are eligible applicants for the free
and reduced price lunch program pursuant to targets established  by  the
board of regents or the board of trustees of the state university of New
York,  as applicable. Provided, however, if no grounds for terminating a
charter are established pursuant to this section other than pursuant  to
this  paragraph,  and  the  charter school demonstrates that it has made
extensive  efforts  to  recruit  and  retain  such  students,  including
outreach  to parents and families in the surrounding communities, widely
publicizing the lottery for such school,  and  efforts  to  academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter.
2. Notice of intent to revoke a charter shall be provided to the board
of  trustees  of  a  charter  school  at  least thirty days prior to the
effective date of the proposed revocation. Such notice shall  include  a
statement  of  reasons  for  the proposed revocation. The charter school
shall be allowed at least thirty days to correct the problems associated
with the proposed revocation. Prior to  revocation  of  the  charter,  a
charter  school shall be provided an opportunity to be heard, consistent
with the requirements of due process. Upon the termination of a charter,
the charter school  shall  proceed  with  dissolution  pursuant  to  the
procedures  of  the  charter and direction of the charter entity and the
board of regents.
3. In addition to the provisions of subdivision two of  this  section,
the  charter  entity  or the board of regents may place a charter school
falling within the provisions of subdivision  one  of  this  section  on
probationary  status  to  allow  the implementation of a remedial action
plan. The failure of a charter school  to  comply  with  the  terms  and
conditions of a remedial action plan may result in summary revocation of
the school's charter.
4.  Any  individual  or  group  may  bring a complaint to the board of
trustees of a charter school alleging a violation of the  provisions  of
this article, the charter, or any other provision of law relating to the
management or operation of the charter school. If, after presentation of
the  complaint  to  the  board  of  trustees  of  a  charter school, the
individual or group  determines  that  such  board  has  not  adequately
addressed  the complaint, they may present that complaint to the charter
entity, which shall investigate and respond. If, after  presentation  of
the  complaint to the charter entity, the individual or group determines
that the charter entity has not adequately addressed the complaint, they

may present  that  complaint  to  the  board  of  regents,  which  shall
investigate  and  respond.  The  charter entity and the board of regents
shall have the power and the duty to issue appropriate  remedial  orders
to charter schools under their jurisdiction to effectuate the provisions
of this section.
5.  The  regulatory power of the board of regents and the commissioner
shall not extend to charter schools  except  as  otherwise  specifically
provided in this article.