N.Y. Education Law § 2857: Notice; review and assessment

§ 2857. Notice; review and assessment. 1. The board of regents shall

distribute information announcing the availability of the charter school

process described in this article to each local school district and

public postsecondary educational institution. At each significant stage

of the chartering process, the charter entity and the board of regents

shall provide appropriate notification to the school district in which

the charter school is located and to public and nonpublic schools in the

same geographic area as the proposed charter school. Such notification

shall be provided by each charter entity within thirty days of its

receipt of an application for formation of a new charter school or for

renewal of an existing charter school, and at least forty-five days

prior to initial approval of the charter application by the charter

entity. Prior to the issuance, revision, or renewal of a charter, the

school district in which the charter school is located shall hold a

public hearing to solicit comments from the community in connection with

the foregoing. Such hearing shall be held within the community

potentially impacted by the proposed charter school. When a revision

involves the relocation of a charter school to a different school

district, the proposed new school district shall also hold such hearing.

In addition, such school districts shall be given an opportunity to

comment on the proposed charter to the charter entity and such charter

entity shall consider any comments raised and submit any such comments

to the board of regents with the application for issuance, revision, or

renewal of a charter.

1-a. In the event the school district fails to conduct a public

hearing, the board of regents shall conduct a public hearing to solicit

comments from the community in connection with the issuance, revision,

or renewal of a charter.

2. Each charter school shall submit to the charter entity and to the

board of regents an annual report. Such report shall be issued no later

than the first day of August of each year for the preceding school year

and shall be made publicly available by such date and shall be posted on

the charter school's website. The annual report shall be in such form as

shall be prescribed by the commissioner and shall include at least the

following components:

(a) a charter school report card, which shall include measures of the

comparative academic and fiscal performance of the school, as prescribed

by the commissioner in regulations adopted for such purpose. Such

measures shall include, but not be limited to, graduation rates, dropout

rates, performance of students on standardized tests, college entry

rates, total spending per pupil and administrative spending per pupil.

Such measures shall be presented in a format that is easily comparable

to similar public schools. In addition, the charter school shall ensure

that such information is easily accessible to the community including

making it publicly available by transmitting it to local newspapers of

general circulation and making it available for distribution at board of

trustee meetings.

(b) discussion of the progress made towards achievement of the goals

set forth in the charter.

(c) a certified financial statement setting forth, by appropriate

categories, the revenues and expenditures for the preceding school year,

including a copy of the most recent independent fiscal audit of the

school and any audit conducted by the comptroller of the state of New

York.

(d) efforts taken by the charter school in the existing school year,

and a plan for efforts to be taken in the succeeding school year, to

meet or exceed enrollment and retention targets set 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 established pursuant to paragraph (e) of subdivision four

of section twenty-eight hundred fifty-one of this article.

3. The board of regents shall report annually to the governor, the

temporary president of the senate, and the speaker of the assembly the

following information:

(a) The number, distribution, and a brief description of new charter

schools established during the preceding year;

(a-1) A list including the number of charter schools closed during the

preceding year, and a brief description of the reasons therefor

including, but not limited to, non-renewal of the charter or revocation

of the charter;

(b) The department's assessment of the current and projected

programmatic and fiscal impact of charter schools on the delivery of

services by school districts;

(c) The academic progress of students attending charter schools, as

measured against comparable public and nonpublic schools with similar

student population characteristics wherever practicable;

(d) A list of all actions taken by a charter entity on charter

application and the rationale for the renewal or revocation of any

charters; and

(e) Any other information regarding charter schools that the board of

regents deems necessary.

The format for this annual report shall be developed in consultation

with representatives of school districts and charter school officials.

4. The board of regents shall review the educational effectiveness of

the charter school approach authorized by this article and the effect of

charter schools on the public and nonpublic school systems. Not later

than December thirty-first, two thousand three, the board of regents

shall report to the governor, the temporary president of the senate, the

speaker of the assembly and the board of regents with recommendations to

modify, expand, or terminate that approach. Such report shall include,

for each charter school, a copy of the school's mission statement,

attendance statistics and dropout rates, student performance on

standardized assessment tests, projections of financial stability, and,

wherever practicable, comparisons to other public schools.

5. The board of regents shall on an annual basis review and make

available to school districts best educational practices employed by

charter schools.