§ 2852 — Issuance of charter

§ 2852. Issuance of charter. 1. A charter entity that receives an\napplication for approval of a charter school shall act on each request\nreceived prior to July first of a calendar year on or before January\nfirst of the succeeding calendar year, and a proposed charter between\nthe applicant and the charter entity resulting from such application\nshall be executed on or before February first of such succeeding year.\nNothing in this subdivision shall be construed to prevent a charter\nentity from receiving or acting upon an application at any time. This\nsubdivision shall not apply to applications that are submitted pursuant\nto subdivision nine-a of this section.\n 2. An application for a charter school shall not be approved unless\nthe charter entity finds that:\n (a) the charter school described in the application meets the\nrequirements set out in this article and all other applicable laws,\nrules and regulations;\n (b) the applicant can demonstrate the ability to operate the school in\nan educationally and fiscally sound manner;\n (c) granting the application is likely to improve student learning and\nachievement and materially further the purposes set out in subdivision\ntwo of section twenty-eight hundred fifty of this article;\n (d) in a school district where the total enrollment of resident\nstudents attending charter schools in the base year is greater than five\npercent of the total public school enrollment of the school district in\nthe base year (i) granting the application would have a significant\neducational benefit to the students expected to attend the proposed\ncharter school or (ii) the school district in which the charter school\nwill be located consents to such application; and\n (e) for applicants for an initial charter pursuant to paragraph (b-1)\nof subdivision nine of this section in a school district located in a\ncity with a population of one million or more, the total enrollment of\nstudents attending charter schools within the community district in\nwhich the charter school will be located in the base year is less than\nor equal to fifty-five percent of the total public school enrollment\nattending within such community district in the base year.\n In reviewing applications, the charter entity is encouraged to give\npreference to applications that demonstrate the capability to provide\ncomprehensive learning experiences to students identified by the\napplicants as at risk of academic failure.\n 3. A charter entity is not required to approve a charter and may\nrequire an applicant to modify or supplement an application as a\ncondition of approval. An existing private school shall not be eligible\nto convert to a charter school. In determining whether an application\ninvolves the conversion of an existing private school, the charter\nentity and the board of regents shall consider such factors as: (a)\nwhether the charter school would have the same or substantially the same\nboard of trustees and/or officers as an existing private school; (b)\nwhether a substantial proportion of employees of the charter school\nwould be drawn from such existing private school; (c) whether a\nsubstantial portion of the assets and property of such existing private\nschool would be transferred to the charter school; (d) whether the\ncharter school would be located at the same site as such existing\nprivate school; (e) upon renewal only, whether such private school\nclosed within one year of establishment of the charter school; and (f)\nupon renewal only, whether a substantial portion of the charter school's\nstudents were drawn from such existing private school.\n 4. Each individual applicant seeking to establish a charter school\nshall submit a full set of fingerprints to the charter entity for the\npurpose of obtaining a state and federal criminal records check. The\ndivision of criminal justice services is authorized to provide this\ninformation to the federal bureau of investigation and to perform a\nstate and federal criminal records check on each applicant and report\nthe results to the charter entity and the board of regents. The criminal\nrecords check shall be completed to the satisfaction of the charter\nentity prior to approval of the application. The department and the\ndivision of criminal justice services shall enter into any memoranda of\nagreement necessary to implement the requirements of this subdivision.\n 5. Upon approval of an application by a charter entity, the applicant\nand charter entity shall enter into a proposed agreement allowing the\napplicants to organize and operate a charter school. Such written\nagreement, known as the charter, shall include (a) the information\nrequired by subdivision two of section twenty-eight hundred fifty-one of\nthis article, as modified or supplemented during the approval process,\n(b) in the case of charters to be issued pursuant to subdivision nine-a\nof this section, information required by such subdivision, (c) any other\nterms or conditions required by applicable laws, rules and regulations,\nand (d) any other terms or conditions, not inconsistent with law, agreed\nupon by the applicant and the charter entity. In addition, the charter\nshall include the specific commitments of the charter entity relating to\nits obligations to oversee and supervise the charter school. Within five\ndays after entering into a proposed charter, the charter entity other\nthan the board of regents shall submit to the board of regents a copy of\nthe charter, the application and supporting documentation for final\napproval and issuance by the board of regents in accordance with\nsubdivisions five-a and five-b of this section.\n 5-a. Upon receipt of a proposed charter submitted by a charter entity,\nthe board of regents shall review such proposed charter in accordance\nwith the standards set forth in subdivision two of this section, and any\nother applicable specifications required by this article. The board of\nregents shall either (a) approve and issue the charter as proposed by\nthe charter entity or (b) return the proposed charter to the charter\nentity for reconsideration with the written comments and recommendations\nof the board of regents. If the board of regents fails to act on such\nproposed charter within ninety days of its submission to the board of\nregents in accordance with the previous sentence, the proposed charter\nshall be deemed to have been approved and issued by the board of regents\nat the expiration of such period.\n 5-b. If the board of regents returns a proposed charter to the charter\nentity pursuant to the provisions of subdivision five-a of this section,\nsuch charter entity shall reconsider the proposed charter, taking into\nconsideration the comments and recommendation of the board of regents.\nThereafter, the charter entity shall resubmit the proposed charter to\nthe board of regents with modifications, provided that the applicant\nconsents in writing to such modifications, resubmit the proposed charter\nto the board of regents without modifications, or abandon the proposed\ncharter. The board of regents shall review each such resubmitted\nproposed charter in accordance with the provisions of subdivision five-a\nof this section; provided, however, that it shall be the duty of the\nboard of regents to approve and issue a proposed charter resubmitted by\nthe charter entity described in paragraph (b) of subdivision three of\nsection twenty-eight hundred fifty-one of this article within thirty\ndays of the resubmission of such proposed charter or such proposed\ncharter shall be deemed approved and issued at the expiration of such\nperiod.\n 6. The denial of an application for a charter school by a charter\nentity shall be in writing and shall state the reasons for the denial.\nNotwithstanding any provision of law to the contrary, such denial is\nfinal and shall not be reviewable in any court or by any administrative\nbody.\n 7. (a) A revision of a charter shall be made only upon the approval of\nthe charter entity and the board of regents in accordance with the\nprovisions of subdivisions five-a and five-b of this section.\n (b) When a revision of a charter involves the relocation of a charter\nschool to a different school district, the proposed new school district\nshall be given at least forty-five days notice of the proposed\nrelocation. In addition, the applicant shall provide an analysis of the\ncommunity support for such relocation and of the projected programmatic\nand fiscal impact of the charter school on the proposed new school\ndistrict of location and other public and nonpublic schools in the area.\n 8. A charter entity shall not charge a fee or require reimbursement of\nexpenses for considering a charter application, for approving a charter\napplication or for providing oversight of a charter school.\n 9. The total number of charters issued pursuant to this article\nstatewide shall not exceed four hundred sixty. (a) All charters issued\non or after July first, two thousand fifteen and counted toward the\nnumerical limits established by this subdivision shall be issued by the\nboard of regents upon application directly to the board of regents or on\nthe recommendation of the board of trustees of the state university of\nNew York pursuant to a competitive process in accordance with\nsubdivision nine-a of this section. Fifty of such charters issued on or\nafter July first, two thousand fifteen, and no more, shall be granted to\na charter for a school to be located in a city having a population of\none million or more. The failure of any body to issue the regulations\nauthorized pursuant to this article shall not affect the authority of a\ncharter entity to propose a charter to the board of regents or the board\nof regents' authority to grant such charter. A conversion of an existing\npublic school to a charter school, or the renewal or extension of a\ncharter approved by any charter entity, shall not be counted toward the\nnumerical limits established by this subdivision.\n (b) A charter that has been surrendered, revoked or terminated on or\nbefore July first, two thousand fifteen, including a charter that has\nnot been renewed by action of its charter entity, may be reissued\npursuant to paragraph (a) of this subdivision by the board of regents\neither upon application directly to the board of regents or on the\nrecommendation of the board of trustees of the state university of New\nYork pursuant to a competitive process in accordance with subdivision\nnine-a of this section. Provided that such reissuance shall not be\ncounted toward the statewide numerical limit established by this\nsubdivision, and provided further that no more than twenty-two charters\nmay be reissued pursuant to this paragraph.\n (b-1) A charter that has been surrendered, revoked or terminated after\nJanuary first, two thousand fifteen, but before July first, two thousand\ntwenty-two, including a charter that has not been renewed by action of\nits charter entity, may be reissued once pursuant to paragraph (a) of\nthis subdivision by the board of regents either upon application\ndirectly to the board of regents or on the recommendation of the board\nof trustees of the state university of New York pursuant to a\ncompetitive process in accordance with subdivision nine-a of this\nsection. Provided that such reissuance shall not be counted toward the\nnumerical limits established by this subdivision, and provided further\nthat no more than twenty-two charters may be reissued pursuant to this\nparagraph, provided that fourteen of such reissued charters shall be\nallocated for, and shall not be counted toward the numerical limit in, a\ncity having a population of one million or more established in paragraph\n(a) of this subdivision. Nothing herein shall be construed to allow more\nthan fourteen such charters to be reissued in a city having a population\nof one million or more.\n (c) For purposes of determining the total number of charters issued\nwithin the numerical limits established by this subdivision, the\napproval date of the charter entity shall be the determining factor.\n (d) Notwithstanding any provision of this article to the contrary, any\ncharter authorized to be issued by chapter fifty-seven of the laws of\ntwo thousand seven effective July first, two thousand seven, and that\nremains unissued as of July first, two thousand fifteen, may be issued\npursuant to the provisions of law applicable to a charter authorized to\nbe issued by such chapter in effect as of June fifteenth, two thousand\nfifteen; provided however that nothing in this paragraph shall be\nconstrued to increase the numerical limit applicable to a city having a\npopulation of one million or more as provided in paragraph (a) of this\nsubdivision, as amended by a chapter of the laws of two thousand fifteen\nwhich added this paragraph.\n 9-a. (a) The board of regents is hereby authorized and directed to\nissue four hundred sixty charters statewide upon either applications\nsubmitted directly to the board of regents or upon the recommendation of\nthe board of trustees of the state university of New York pursuant to a\ncompetitive request for proposals process.\n The board of regents shall make a determination to issue a charter\npursuant to a request for proposals no later than December thirty-first\nof each year.\n (b) The board of regents and the board of trustees of the state\nuniversity of New York shall each develop such request for proposals in\na manner that facilitates a thoughtful review of charter school\napplications, considers the demand for charter schools by the community,\nand seeks to locate charter schools in a region or regions where there\nmay be a lack of alternatives and access to charter schools would\nprovide new alternatives within the local public education system that\nwould offer the greatest educational benefit to students. Applications\nshall be evaluated in accordance with the criteria and objectives\ncontained within a request for proposals. The board of regents and the\nboard of trustees of the state university of New York shall not consider\nany applications which do not rigorously demonstrate that they have met\nthe following criteria:\n (i) that the proposed charter school would meet or exceed enrollment\nand retention targets, as prescribed by the board of regents or the\nboard of trustees of the state university of New York, as applicable, of\nstudents with disabilities, English language learners, and students who\nare eligible applicants for the free and reduced price lunch program.\nWhen developing such targets, the board of regents and the board of\ntrustees of the state university of New York, shall ensure (1) that such\nenrollment targets are comparable to the enrollment figures of such\ncategories of students attending the public schools within the school\ndistrict, or in a city school district in a city having a population of\none million or more inhabitants, the community school district, in which\nthe proposed charter school would be located; and (2) that such\nretention targets are comparable to the rate of retention of such\ncategories of students attending the public schools within the school\ndistrict, or in a city school district in a city having a population of\none million or more inhabitants, the community school district, in which\nthe proposed charter school would be located; and\n (ii) that the applicant has conducted public outreach, in conformity\nwith a thorough and meaningful public review process prescribed by the\nboard of regents and the board of trustees of the state university of\nNew York, to solicit community input regarding the proposed charter\nschool and to address comments received from the impacted community\nconcerning the educational and programmatic needs of students.\n (c) The board of regents and the board of trustees of the state\nuniversity of New York shall grant priority based on a scoring rubric to\nthose applications that best demonstrate how they will achieve the\nfollowing objectives, and any additional objectives the board of regents\nand the board of trustees of the state university of New York, may\nprescribe:\n (i) increasing student achievement and decreasing student achievement\ngaps in reading/language arts and mathematics;\n (ii) increasing high school graduation rates and focusing on serving\nspecific high school student populations including, but not limited to,\nstudents at risk of not obtaining a high school diploma, re-enrolled\nhigh school drop-outs, and students with academic skills below grade\nlevel;\n (iii) focusing on the academic achievement of middle school students\nand preparing them for a successful transition to high school;\n (iv) utilizing high-quality assessments designed to measure a\nstudent's knowledge, understanding of, and ability to apply, critical\nconcepts through the use of a variety of item types and formats;\n (v) increasing the acquisition, adoption, and use of local\ninstructional improvement systems that provide teachers, principals, and\nadministrators with the information and resources they need to inform\nand improve their instructional practices, decision-making, and overall\neffectiveness;\n (vi) partnering with low performing public schools in the area to\nshare best educational practices and innovations;\n (vii) demonstrating the management and leadership techniques necessary\nto overcome initial start-up problems to establish a thriving,\nfinancially viable charter school;\n (viii) demonstrating the support of the school district in which the\nproposed charter school will be located and the intent to establish an\nongoing relationship with such school district.\n (d) No later than November first, two thousand ten, and of each\nsucceeding year, after a thorough review of applications received, the\nboard of trustees of the state university of New York shall recommend\nfor approval to the board of regents the qualified applications that it\nhas determined rigorously demonstrate the criteria and best satisfy the\nobjectives contained within a request for proposals, along with\nsupporting documentation outlining such determination.\n (e) Upon receipt of a proposed charter to be issued pursuant to this\nsubdivision submitted by a charter entity, the board of regents or the\nboard of trustees of the state university of New York, shall review,\nrecommend and issue, as applicable, such charters in accordance with the\nstandards established in this subdivision.\n (f) The board of regents shall be the only entity authorized to issue\na charter pursuant to this article. The board of regents shall consider\napplications submitted directly to the board of regents and applications\nrecommended by the board of trustees of the state university of New\nYork. Provided, however, that all such recommended applications shall be\ndeemed approved and issued pursuant to the provisions of subdivisions\nfive, five-a and five-b of this section.\n (g) Each application submitted in response to a request for proposals\npursuant to this subdivision shall also meet the application\nrequirements set out in this article and any other applicable laws,\nrules and regulations.\n (h) During the development of a request for proposals pursuant to this\nsubdivision the board of regents and the board of trustees of the state\nuniversity of New York shall each afford the public an opportunity to\nsubmit comments and shall review and consider the comments raised by all\ninterested parties.\n 10. Except in the case of a charter school formed by a school district\nas a charter entity pursuant to paragraph (a) of subdivision three of\nsection twenty-eight hundred fifty-one of this article, a charter school\nformed by approval of the regents or by operation of law on or after\nMarch fifteenth in any school year shall not commence instruction until\nJuly of the second school year next following.\n