2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 56 - Charter Schools › 2851 - Eligible Applicants; Applications; Submission.

§   2851.   Eligible   applicants;  applications;  submission.  1.  An
application to establish a charter school may be submitted by  teachers,
parents,  school  administrators, community residents or any combination
thereof.  Such application may be filed in conjunction with  a  college,
university,  museum, educational institution, not-for-profit corporation
exempt from taxation under paragraph 3 of subsection (c) of section  501
of  the internal revenue code or for-profit business or corporate entity
authorized  to  do  business  in  New  York  state.  Provided   however,
for-profit  business  or  corporate  entities  shall  not be eligible to
submit  an  application  to  establish  a  charter  school  pursuant  to
subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
article, or operate or manage a charter  school  for  a  charter  issued
pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
of  this  article. For charter schools established in conjunction with a
for-profit business or corporate entity, the charter shall  specify  the
extent  of the entity's participation in the management and operation of
the school.
2. The information provided on the  application  shall  be  consistent
with the provisions of this article and other applicable laws, rules and
regulations. Such information shall include:
(a)  A  mission  statement  for  the  school  and  a description of an
educational  program  that  implements  one  or  more  of  the  purposes
described  in  subdivision  two of section twenty-eight hundred fifty of
this article.
(b) A description  of  student  achievement  goals  for  the  school's
educational  program  and the chosen methods of evaluating that students
have attained the skills and knowledge specified for those  goals.  Such
educational  program  shall  meet  or  exceed  the  student  performance
standards adopted by the board of regents for other public schools.
(c) The proposed governance structure of the school, including a  list
of  members  of  the  initial  board  of  trustees, a description of the
qualifications, terms and method of appointment or election of trustees,
the organizational structure of the school, a procedure  for  conducting
and  publicizing  monthly  board  of  trustee  meetings  at each charter
school, and the processes to  be  followed  by  the  school  to  promote
parental and staff involvement in school governance.
(d)  Admission  policies and procedures for the school, which shall be
consistent  with  the  requirements  of  subdivision  two   of   section
twenty-eight hundred fifty-four of this article.
(e)  A  proposed  budget  and  fiscal  plan  for the school, including
supporting evidence that the fiscal plan is sound  and  that  sufficient
start-up funds will be available to the charter school.
(f)  Requirements  and  procedures  for  programmatic  and independent
fiscal audits at least once annually, with such audits being  comparable
in scope to those required of other public schools.
(g)  The  hiring  and personnel policies and procedures of the school,
including the qualifications to be  used  in  the  hiring  of  teachers,
school  administrators  and other school employees, and a description of
staff responsibilities.
(h) The rules and procedures by which  students  may  be  disciplined,
including  but  not  limited to expulsion or suspension from the school,
which shall be consistent with the requirements of due process and  with
federal  laws  and  regulations governing the placement of students with
disabilities.
(i) The number of students to be served by the  school,  which  number
shall  be  at  least  fifty  at  a single site and the minimum number of
teachers to be employed at the school, which shall be  at  least  three.
Provided,  however,  that  a  charter  school may serve fewer than fifty

students or employ fewer than three teachers in the school's first  year
of  operation  or  if the applicant presents a compelling justification,
such as the school would serve a geographically remote region.
(j)  Information  regarding  the  facilities to be used by the school,
including the location of the school, if known, and the means  by  which
pupils  will be transported to and from the school. If the facilities to
be used by the proposed school are not known at the time the application
is submitted, the applicant shall notify  the  charter  entity  and,  if
applicable,  the  board of regents within ten business days of acquiring
facilities for such school; provided, however, that the  charter  school
must  obtain a certificate of occupancy for such facilities prior to the
date on which instruction is to commence at the school.
(k) The name of the proposed charter school, which shall  include  the
words  "charter  school"  and  which  shall  not  include  the  name  or
identification of a for-profit business or corporate entity.
(l) A description of the ages and grade levels to  be  served  by  the
school.
(m)  Identification  and  background information on all applicants and
proposed members of the board of trustees.
(n) The school calendar and school day schedule, which  shall  provide
at  least  as  much instruction time during a school year as required of
other public schools.
(o) Types and amounts of insurance coverage  to  be  obtained  by  the
school,  which  shall include adequate insurance for liability, property
loss and the personal injury  of  students.  The  commissioner  and  the
superintendent  of financial services may jointly promulgate regulations
to implement the provisions of this paragraph.
(p) The term of the proposed charter,  which  shall  not  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 term of such proposed charter shall not 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.
(q)  Evidence  of  adequate  community support for and interest in the
charter school sufficient to allow the school to reach  its  anticipated
enrollment,  and  an assessment of the projected programmatic and fiscal
impact of the school on other public and nonpublic schools in the area.
(r) A description of the health and food services to  be  provided  to
students attending the school.
(s)  Methods  and strategies for serving students with disabilities in
compliance with all federal laws and regulations relating thereto.
(t)  Procedures  to  be  followed  in  the  case  of  the  closure  or
dissolution of the charter school, including provisions for the transfer
of  students  and  student  records  to the school district in which the
charter school is located and for the disposition of the school's assets
to the school district in which the charter school is located or another
charter school located within the school district.  Notwithstanding  any
other  provision of law or of a charter to the contrary, such procedures
shall ensure that upon  dissolution  of  a  charter  school,  any  funds
remaining in the possession of the charter school that can be attributed
to  public  funding,  after  all  of its debts and obligations have been
paid, shall be  paid  over  to  each  school  district  having  resident
children  served  by  the charter school in the school year in which the
charter was dissolved or the last year in which students  were  enrolled
in  the charter school, in the same proportion as the number of students
placed by each school district and served by the charter school  in  the
last  school  year  in which children were served by the charter school,

bears to the total number of students served by the  charter  school  in
such  school year.   Provided, however, that nothing in this subdivision
shall be construed to require a charter school to pay to such  districts
any  remaining  funds that can be attributed to gifts, donations, grants
or other authorized charitable contributions.
(u) Requirements for the grant of a diploma, if the school serves  the
twelfth grade.
(v)  A  code  of  ethics for the charter school, setting forth for the
guidance of its  trustees,  officers  and  employees  the  standards  of
conduct  expected of them including standards with respect to disclosure
of conflicts of interest regarding any matter brought before  the  board
of trustees.
(w)  A  description of the residential facilities, if any, provided by
the charter school.
(x) Any other information  relevant  to  the  issuance  of  a  charter
required by the charter entity.
3.  An  applicant shall submit the application to a charter entity for
approval. For purposes of this article, a charter entity shall be:
(a) The board of education  of  a  school  district  eligible  for  an
apportionment  of  aid  under  subdivision  four  of  section thirty-six
hundred two of this chapter, provided that a board  of  education  shall
not  approve  an  application  for  a  school to be operated outside the
school district's geographic boundaries and further provided that  in  a
city  having  a population of one million or more, the chancellor of any
such city school district shall be the  charter  entity  established  by
this paragraph;
(b) The board of trustees of the state university of New York; or
(c) The board of regents.
The  board  of  regents shall be the only entity authorized to issue a
charter pursuant to this article. Notwithstanding any provision of  this
subdivision  to  the  contrary,  an application for the conversion of an
existing public school to a charter school shall be  submitted  to,  and
may  only  be approved by, the charter entity set forth in paragraph (a)
of this subdivision. Notwithstanding any law, rule or regulation to  the
contrary,  any  such application for conversion shall be consistent with
this section but shall  not  be  subject  to  the  process  pursuant  to
subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
article, and the charter  entity  shall  require  that  the  parents  or
guardians  of  a  majority of the students then enrolled in the existing
public school vote in favor  of  converting  the  school  to  a  charter
school.
4. Charters may be renewed, upon application, for a term of up to five
years in accordance with the provisions of this article for the issuance
of  such  charters pursuant to section twenty-eight hundred fifty-two of
this article;  provided,  however,  that  a  renewal  application  shall
include:
(a)  A  report  of the progress of the charter school in achieving the
educational objectives set forth in the charter.
(b)  A  detailed  financial  statement  that  discloses  the  cost  of
administration,  instruction  and  other  spending  categories  for  the
charter school that will allow a  comparison  of  such  costs  to  other
schools,  both  public  and  private.  Such statement shall be in a form
prescribed by the board of regents.
(c) Copies of each  of  the  annual  reports  of  the  charter  school
required  by subdivision two of section twenty-eight hundred fifty-seven
of this article, including the  charter  school  report  cards  and  the
certified financial statements.
(d) Indications of parent and student satisfaction.
(e)  The  means  by  which  the  charter  school  will  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 which shall be considered by the charter entity  prior  to
approving such charter school's application for renewal. 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  charter
school is 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.
Such renewal application shall be submitted to the charter  entity  no
later  than six months prior to the expiration of the charter; provided,
however, that the charter entity may waive such deadline for good  cause
shown.
5.  Notwithstanding  any  provision  of law, rule or regulation to the
contrary for a period of one  year  from  the  effective  date  of  this
subdivision,  a  charter  school  approved by a charter entity listed in
subdivision three of this section may apply  at  any  time  during  this
period  to  another charter entity, defined in paragraph (a), (b) or (c)
of subdivision three of this  section  to  request  such  other  charter
entity  to  oversee and supervise such charter school. All standards and
requirements established in the original charter agreement shall  remain
in  effect  until the scheduled expiration of such charter agreement and
provided however that all obligations of the previous charter entity  to
oversee and supervise a charter school shall terminate upon the transfer
of  authorization  of  such  charter  school to a new charter entity, as
defined in subdivision five of section twenty-eight hundred fifty-two of
this article, and the previous charter entity shall provide in a  timely
fashion  information  relevant to the charter as requested by such other
charter entity. A charter school that seeks to change its charter entity
must have met all other requirements of this article and  cannot  be  in
violation  of  any  legal requirement, in probationary status, or slated
for closure.