§ 2853 — Charter school organization; oversight; facilities

New York § 2853

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 56: Charter Schools

Text

§ 2853. Charter school organization; oversight; facilities. 1.\nOrganization and legal status. (a) Upon the approval of a charter by\nthe board of regents, the board of regents shall incorporate the charter\nschool as an education corporation for a term not to exceed five years,\nprovided however in the case of charters issued pursuant to subdivision\nnine-a of section twenty-eight hundred fifty-two of this article the\nboard of regents shall incorporate the charter school as an education\ncorporation for a term not to exceed five years in which instruction is\nprovided to pupils plus the period commencing with the effective date of\nthe charter and ending with the opening of the school for instruction.\nSuch certificate of incorporation shall not modify or limit any terms of\nthe charter approved by the board of regents. Upon approval of an\napplication to renew a charter, the board of regents shall extend the\ncertificate of incorporation for a term not to exceed five years. Upon\ntermination or nonrenewal of the charter of a charter school pursuant to\nsection twenty-eight hundred fifty-five of this article, the certificate\nof incorporation of the charter school shall be revoked by the board of\nregents pursuant to section two hundred nineteen of this chapter,\nprovided that compliance with the notice and hearing requirements of\nsuch section twenty-eight hundred fifty-five of this article shall be\ndeemed to satisfy the notice and hearing requirements of such section\ntwo hundred nineteen. It shall be the duty of the trustees of the\ncharter school to obtain federal tax-exempt status no later than one\nyear following approval of a charter school by the board of regents. For\npurposes of this article, "certificate of incorporation" shall mean the\nprovisional charter issued by the board of regents to form the charter\nschool as an educational corporation pursuant to sections two hundred\nsixteen and two hundred seventeen of this chapter.\n (b) An education corporation organized to operate a charter school\nshall have all corporate powers necessary and desirable for carrying out\na charter school program in accordance with the provisions of this\narticle, other applicable laws and regulations and the terms of the\ncharter, including all of the powers of an education corporation formed\nto operate an elementary or secondary school and those powers granted\nunder the provisions of the not-for-profit corporation law that are made\napplicable to charter schools by section two hundred sixteen-a of this\nchapter. The powers of the trustees of the charter school shall include\nthose powers specified in section two hundred twenty-six of this\nchapter.\n (b-1) An education corporation operating a charter school shall be\nauthorized to operate more than one school or house any grade at more\nthan one site, provided that a charter must be issued for each such\nadditional school or site in accordance with the requirements for the\nissuance of a charter pursuant to this article and that each such\nadditional school or site shall count as a charter issued pursuant to\nsubdivision nine of section twenty eight hundred fifty-two of this\narticle; and provided further that:\n (A) a charter school may operate in more than one building at a single\nsite; and\n (B) a charter school which provides instruction to its students at\ndifferent locations for a portion of their school day shall be deemed to\nbe operating at a single site.\n (c) A charter school shall be deemed an independent and autonomous\npublic school, except as otherwise provided in this article, and a\npolitical subdivision having boundaries coterminous with the school\ndistrict or community school district in which the charter school is\nlocated. The charter entity and the board of regents shall be deemed to\nbe the public agents authorized to supervise and oversee the charter\nschool.\n (d) The powers granted to a charter school under this article\nconstitute the performance of essential public purposes and governmental\npurposes of this state. A charter school shall be exempt to the same\nextent as other public schools from all taxation, fees, assessments or\nspecial ad valorem levies on its earnings and its property, including\nproperty leased by the charter school. Instruments of conveyance to or\nfrom a charter school and any bonds or notes issued by a charter school,\ntogether with the income therefrom, shall at all times be exempt from\ntaxation.\n (e) A charter school shall not have the power to levy taxes or to\nacquire property by eminent domain.\n (f) The board of trustees of the charter school shall have final\nauthority for policy and operational decisions of the school. Nothing\nherein shall prohibit the board of trustees of a charter school from\ndelegating decision-making authority to officers and employees of the\nschool in accordance with the provisions of the charter.\n (g) Notwithstanding any provision of law to the contrary, no civil\nliability shall attach to any charter entity, the board of regents, or\nto any of their members or employees, individually or collectively, for\nany acts or omissions of the charter school. Neither the local school\ndistrict, the charter entity nor the state shall be liable for the debts\nor financial obligations of a charter school or any person or corporate\nentity who operates a charter school.\n 2. The board of regents and charter entity shall oversee each school\napproved by such entity, and may visit, examine into and inspect any\ncharter school, including the records of such school, under its\noversight. Oversight by a charter entity and the board of regents shall\nbe sufficient to ensure that the charter school is in compliance with\nall applicable laws, regulations and charter provisions.\n 2-a. For schools approved by an entity described in paragraph (b) or\n(c) of subdivision three of section twenty-eight hundred fifty-one of\nthis article, the school district in which the charter school is located\nshall have the right to visit, examine into, and inspect the charter\nschool for the purpose of ensuring that the school is in compliance with\nall applicable laws, regulations and charter provisions. Any evidence of\nnon-compliance may be forwarded by such school district to the board of\nregents and the charter entity for action pursuant to section\ntwenty-eight hundred fifty-five of this article.\n 3. Facilities. (a) A charter school may be located in part of an\nexisting public school building, in space provided on a private work\nsite, in a public building or in any other suitable location. Provided,\nhowever, before a charter school may be located in part of an existing\npublic school building, the charter entity shall provide notice to the\nparents or guardians of the students then enrolled in the existing\nschool building and shall hold a public hearing for purposes of\ndiscussing the location of the charter school. A charter school may own,\nlease or rent its space.\n (a-1) (i) For charters issued pursuant to subdivision nine-a of\nsection twenty-eight hundred fifty-two of this article located outside a\ncity school district in a city having a population of one million or\nmore inhabitants, the department shall approve plans and specifications\nand issue certificates of occupancy for such charter schools. Such\ncharter schools shall comply with all department health, sanitary, and\nsafety requirements applicable to facilities and shall be treated the\nsame as other public schools for purposes of local zoning, land use\nregulation and building code compliance. Provided however, that the\ndepartment shall be authorized to grant specific exemptions from the\nrequirements of this paragraph to charter schools upon a showing that\ncompliance with such requirements creates an undue economic hardship or\nthat some other good cause exists that makes compliance with this\nparagraph extremely impractical. A demonstrated effort to overcome the\nstated obstacles must be provided.\n (ii) In a city school district in a city with a population of one\nmillion or more, all charters authorized to be issued by the chapter of\nthe laws of two thousand ten which amended this subdivision shall be\nobligated to comply with the department's health, safety and sanitary\nrequirements applicable to facilities to the same extent as non-charter\npublic schools in such a city school district.\n (a-2) A charter school shall be deemed a nonpublic school for purposes\nof local zoning, land use regulation and building code compliance if it\nhas been granted an exemption by the department pursuant to paragraph\n(a-1) of this subdivision or if its charter was not issued pursuant to\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\narticle.\n (a-3)(1) Before a charter school may be located or co-located in an\nexisting public school building in a city school district in a city\nhaving a population of one million or more inhabitants, the chancellor\nshall identify which public school buildings may be subject to location\nor co-location, provide the rationale as to why such public school\nbuilding is identified for location or co-location and shall make all\nsuch information publicly available, including via the city board's\nofficial internet website. In addition, the chancellor shall provide\nwidespread notice of such information including to the community\nsuperintendent, community district education council and the\nschool-based management team. After a public school building has been\nselected for a proposed location or co-location, the chancellor shall\ndevelop a building usage plan in accordance with this paragraph.\n (2) The building usage plan shall be developed by the chancellor for\neach school that has been definitively identified for a location or\nco-location. The building usage plan shall include, but need not be\nlimited to, the following information:\n (A) the actual allocation and sharing of classroom and administrative\nspace between the charter and non-charter schools;\n (B) a proposal for the collaborative usage of shared resources and\nspaces between the charter school and the non-charter schools, including\nbut not limited to, cafeterias, libraries, gymnasiums and recreational\nspaces, including playgrounds which assures equitable access to such\nfacilities in a similar manner and at reasonable times to non-charter\nschool students as provided to charter school students;\n (C) justification of the feasibility of the proposed allocations and\nschedules set forth in clauses (A) and (B) of this subparagraph and how\nsuch proposed allocations and shared usage would result in an equitable\nand comparable use of such public school building;\n (D) building safety and security;\n (E) communication strategies to be used by the co-located schools; and\n (F) collaborative decision-making strategies to be used by the\nco-located schools including the establishment of a shared space\ncommittee pursuant to paragraph (a-four) of this subdivision.\n (3) A building usage plan developed by the chancellor in accordance\nwith this paragraph shall be included within the educational impact\nstatement required by paragraph (b) of subdivision two-a of section\ntwenty-five hundred ninety-h of this title and be subject to the\nrequirements of subdivision two-a of such section prior to approval by\nthe board of education pursuant to paragraph h of subdivision one of\nsection twenty-five hundred ninety-g of this title.\n (4) A building usage plan developed by the chancellor in accordance\nwith this paragraph may be revised and such revision shall require board\nof education approval consistent with the requirements pursuant to\nsubdivision seven of section twenty-five hundred ninety-g of this title.\n (5) The building usage plan shall be made publicly available by the\nchancellor, including via the city board's official internet website,\nand a copy shall also be filed with the city board, the impacted\ncommunity district education council, community boards, community\nsuperintendent, and school based management team.\n (a-4) In a city school district in a city having a population of one\nmillion or more inhabitants, a shared space committee shall be\nestablished in each public school building in which one or more charter\nschools are located or co-located within a public school building with\nnon-charter public schools. The shared space committee shall be\ncomprised of the principal, a teacher, and a parent of each co-located\nschool. Such committee shall conduct regular meetings, at least four\ntimes per school year, to review implementation of the building usage\nplan developed pursuant to paragraph (a-three) of this subdivision.\n (a-5) Notwithstanding any provision to the contrary, in a city school\ndistrict in a city having a population of one million or more\ninhabitants, the determination to locate or co-locate a charter school\nwithin a public school building and the implementation of and compliance\nwith the building usage plan developed pursuant to paragraph (a-three)\nof this subdivision that has been approved by the board of education of\nsuch city school district pursuant to paragraph (h) of subdivision one\nof section twenty-five hundred ninety-g of this title and after\nsatisfying the requirements of subdivision two-a of section twenty-five\nhundred ninety-h of this title may be appealed to the commissioner\npursuant to section three hundred ten of this chapter. Provided further,\nthe revision of a building usage plan approved by the board of education\nconsistent with the requirements pursuant to subdivision seven of\nsection twenty-five hundred ninety-g of this title may also be appealed\nto the commissioner on the grounds that such revision fails to meet the\nstandards set forth in clause (B) of subparagraph two of paragraph (a-3)\nof this subdivision. Following a petition for such appeal pursuant to\nthis paragraph, such city school district shall have ten days to\nrespond. The petition must be dismissed, adjudicated or disposed of by\nthe commissioner within ten days of the receipt of the city school\ndistrict's response.\n (b) A charter school may pledge, assign or encumber its assets to be\nused as collateral for loans or extensions of credit; provided, however,\nthat a charter school shall not pledge or assign monies provided, or to\nbe provided, pursuant to subdivision one of section twenty-eight hundred\nfifty-six of this article in connection with the purchase or\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof a school facility.\n (c) The office of general services shall annually publish a list of\nvacant and unused buildings and vacant and unused portions of buildings\nthat are owned by the state and that may be suitable for the operation\nof a charter school. Such list shall be provided to applicants for\ncharter schools and to existing charter schools. At the request of a\ncharter school or a prospective applicant, a school district shall make\navailable a list of vacant and unused school buildings and vacant and\nunused portions of school buildings, including private school buildings,\nwithin the school district that may be suitable for the operation of a\ncharter school.\n (d) Notwithstanding any other provision to the contrary, in a city\nschool district in a city having a population of one million or more\ninhabitants, the chancellor must first authorize in writing any proposed\ncapital improvements or facility upgrades in excess of five thousand\ndollars, regardless of the source of funding, made to accommodate the\nco-location of a charter school within a public school building. For any\nsuch improvements or upgrades that have been approved by the chancellor,\ncapital improvements or facility upgrades shall be made in an amount\nequal to the expenditure of the charter school for each non-charter\npublic school within the public school building. For any capital\nimprovements or facility upgrades in excess of five thousand dollars\nthat have been approved by the chancellor, regardless of the source of\nfunding, made in a charter school that is already co-located within a\npublic school building, matching capital improvements or facility\nupgrades shall be made in an amount equal to the expenditure of the\ncharter school for each non-charter public school within the public\nschool building within three months of such improvements or upgrades.\n (e) In a city school district in a city having a population of one\nmillion or more inhabitants, charter schools that first commence\ninstruction or that require additional space due to an expansion of\ngrade level, pursuant to this article, approved by their charter entity\nfor the two thousand fourteen--two thousand fifteen school year or\nthereafter and request co-location in a public school building shall be\nprovided access to facilities pursuant to this paragraph for such\ncharter schools that first commence instruction or that require\nadditional space due to an expansion of grade level, pursuant to this\narticle, approved by their charter entity for those grades newly\nprovided.\n (1) Notwithstanding any other provision of law to the contrary, within\nthe later of (i) five months after a charter school's written request\nfor co-location and (ii) thirty days after the charter school's charter\nis approved by its charter entity, the city school district shall\neither: (A) offer at no cost to the charter school a co-location site in\na public school building approved by the board of education as provided\nby law, or (B) offer the charter school space in a privately owned or\nother publicly owned facility at the expense of the city school district\nand at no cost to the charter school. The space must be reasonable,\nappropriate and comparable and in the community school district to be\nserved by the charter school and otherwise in reasonable proximity.\n (2) No later than thirty days after approval by the board of education\nor expiration of the offer period prescribed in subparagraph one of this\nparagraph, the charter school shall either accept the city school\ndistrict's offer or appeal in accordance with subparagraph three of this\nparagraph. If no appeal is taken, the city's offer or refusal to make an\noffer shall be final and non-reviewable. The charter school may appeal\nas early as issuance of an educational impact statement for the proposed\nco-location.\n (3) The charter school shall have the option of appealing the city\nschool district's offer or failure to offer a co-location site through\nbinding arbitration in accordance with subparagraph seven of this\nparagraph, an expedited appeal to the commissioner pursuant to section\nthree hundred ten of this chapter and the procedures prescribed in\nparagraph (a-5) of this subdivision, or a special proceeding pursuant to\narticle seventy-eight of the civil practice law and rules. In any such\nappeal, the standard of review shall be the standard prescribed in\nsection seventy-eight hundred three of the civil practice law and rules.\n (4) If the appeal results in a determination in favor of the city\nschool district, the city's offer shall be final and the charter school\nmay either accept such offer and move into the space offered by the city\nschool district at the city school district's expense, or locate in\nanother site at the charter school's expense.\n (5) For a new charter school whose charter is granted or for an\nexisting charter school whose expansion of grade level, pursuant to this\narticle, is approved by their charter entity, if the appeal results in a\ndetermination in favor of the charter school, the city school district\nshall pay the charter school an amount attributable to the grade level\nexpansion or the formation of the new charter school that is equal to\nthe lesser of:\n (A) the actual rental cost of an alternative privately owned site\nselected by the charter school or\n (B) thirty percent of the product of the charter school's basic\ntuition for the current school year and (i) for a new charter school\nthat first commences instruction on or after July first, two thousand\nfourteen, the charter school's current year enrollment; or (ii) for a\ncharter school which expands its grade level, pursuant to this article,\nthe positive difference of the charter school's enrollment in the\ncurrent school year minus the charter school's enrollment in the school\nyear prior to the first year of the expansion.\n (6) An arbitration in an appeal pursuant to this paragraph shall be\nconducted by a single arbitrator selected in accordance with this\nsubparagraph from a list of arbitrators from the American arbitration\nassociation's panel of labor arbitrators, with relevant biographical\ninformation, submitted by such association to the commissioner pursuant\nto paragraph a of subdivision three of section three thousand twenty-a\nof this chapter. Upon request by the charter school, the commissioner\nshall forthwith send a copy of such list and biographical information\nsimultaneously to the charter school and city school district. The\nparties shall, by mutual agreement, select an arbitrator from the list\nwithin fifteen days from receipt of the list, and if the parties fail to\nagree on an arbitrator within such fifteen day period or fail within\nsuch fifteen day period to notify the commissioner that an arbitrator\nhas been selected, the commissioner shall appoint an arbitrator from the\nlist to serve as the arbitrator. The arbitration shall be conducted in\naccordance with the American arbitration association's rules for labor\narbitration, except that the arbitrator shall conduct a pre-hearing\nconference within ten to fifteen days of agreeing to serve and the\narbitration shall be completed and a decision rendered within the time\nframes prescribed for hearings pursuant to section three thousand\ntwenty-a of this chapter. The arbitrator's fee shall not exceed the rate\nestablished by the commissioner for hearings conducted pursuant to\nsection three thousand twenty-a of this chapter, and the cost of such\nfee, the arbitrator's necessary travel and other reasonable expenses,\nand all other hearing expenses shall be borne equally by the parties to\nthe arbitration.\n 4. Public and private assistance to charter schools. * (a) For\npurposes of sections seven hundred one, seven hundred eleven, seven\nhundred fifty-one and nine hundred twelve of this chapter, a charter\nschool shall be deemed a nonpublic school in the school district within\nwhich the charter school is located. Special education programs and\nservices shall be provided to students with a disability attending a\ncharter school in accordance with the individualized education program\nrecommended by the committee or subcommittee on special education of the\nstudent's school district of residence. The charter school may arrange\nto have such services provided by such school district of residence or\nby the charter school directly or by contract with another provider.\nWhere the charter school arranges to have the school district of\nresidence provide such special education programs or services, such\nschool district shall provide services in the same manner as it serves\nstudents with disabilities in other public schools in the school\ndistrict, including the provision of supplementary and related services\non site to the same extent to which it has a policy or practice of\nproviding such services on the site of such other public schools.\n * NB Effective until June 30, 2027\n * (a) For purposes of sections seven hundred one, seven hundred\neleven, seven hundred fifty-one and nine hundred twelve of this chapter,\na charter school shall be deemed a nonpublic school in the school\ndistrict within which the charter school is located. Special education\nprograms and services shall be provided to students with a disability\nattending a charter school in accordance with the individualized\neducation program recommended by the committee or subcommittee on\nspecial education of the student's school district of residence. The\ncharter school may arrange to have such services provided by such school\ndistrict of residence or by the charter school directly or by contract\nwith another provider.\n * NB Effective June 30, 2027\n (b) For purposes of section thirty-six hundred thirty-five of this\nchapter, a charter school shall be deemed a nonpublic school. The\ncharter and application therefor shall set forth the manner in which\nstudents ineligible for transportation pursuant to section thirty-six\nhundred thirty-five of this chapter shall be transported to and from\nschool. Any supplemental transportation provided by a charter school\nshall comply with all transportation safety laws and regulations\napplicable to other public schools. A school district may enter into a\ncontract for the provision of supplemental transportation services to a\ncharter school, and any such services shall be provided by the school\ndistrict at cost.\n (c) A charter school may contract with the governing body of a public\ncollege or university for the use of a school building and grounds, the\noperation and maintenance thereof. Any such contract shall provide such\nservices or facilities at cost. A school district shall permit any\ncharter school granted approval to co-locate, to use such services and\nfacilities without cost.\n (d) Private persons and organizations are encouraged to provide\nfunding and other assistance to the establishment or operation of\ncharter schools.\n (e) The school district of residence of children attending a charter\nschool may, but is not required to, allow such children to participate\nin athletic and extra-curricular activities of the district's schools.\n