N.Y. Education Law § 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.