N.Y. Education Law § 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.