§ 2855 — Causes for revocation or termination

§ 2855. Causes for revocation or termination. 1. The charter entity,\nor the board of regents, may terminate a charter upon any of the\nfollowing grounds:\n (a) When a charter school's outcome on student assessment measures\nadopted by the board of regents falls below the level that would allow\nthe commissioner to revoke the registration of another public school,\nand student achievement on such measures has not shown improvement over\nthe preceding three school years;\n (b) Serious violations of law;\n (c) Material and substantial violation of the charter, including\nfiscal mismanagement;\n (d) When the public employment relations board makes a determination\nthat the charter school demonstrates a practice and pattern of egregious\nand intentional violations of subdivision one of section two hundred\nnine-a of the civil service law involving interference with or\ndiscrimination against employee rights under article fourteen of the\ncivil service law; or\n (e) Repeated failure to comply with the requirement to meet or exceed\nenrollment and retention targets of students with disabilities, English\nlanguage learners, and students who are eligible applicants for the free\nand reduced price lunch program pursuant to targets established by the\nboard of regents or the board of trustees of the state university of New\nYork, as applicable. Provided, however, if no grounds for terminating a\ncharter are established pursuant to this section other than pursuant to\nthis paragraph, and the charter school demonstrates that it has made\nextensive efforts to recruit and retain such students, including\noutreach to parents and families in the surrounding communities, widely\npublicizing the lottery for such school, and efforts to academically\nsupport such students in such charter school, then the charter entity or\nboard of regents may retain such charter.\n 2. Notice of intent to revoke a charter shall be provided to the board\nof trustees of a charter school at least thirty days prior to the\neffective date of the proposed revocation. Such notice shall include a\nstatement of reasons for the proposed revocation. The charter school\nshall be allowed at least thirty days to correct the problems associated\nwith the proposed revocation. Prior to revocation of the charter, a\ncharter school shall be provided an opportunity to be heard, consistent\nwith the requirements of due process. Upon the termination of a charter,\nthe charter school shall proceed with dissolution pursuant to the\nprocedures of the charter and direction of the charter entity and the\nboard of regents.\n 3. In addition to the provisions of subdivision two of this section,\nthe charter entity or the board of regents may place a charter school\nfalling within the provisions of subdivision one of this section on\nprobationary status to allow the implementation of a remedial action\nplan. The failure of a charter school to comply with the terms and\nconditions of a remedial action plan may result in summary revocation of\nthe school's charter.\n 4. Any individual or group may bring a complaint to the board of\ntrustees of a charter school alleging a violation of the provisions of\nthis article, the charter, or any other provision of law relating to the\nmanagement or operation of the charter school. If, after presentation of\nthe complaint to the board of trustees of a charter school, the\nindividual or group determines that such board has not adequately\naddressed the complaint, they may present that complaint to the charter\nentity, which shall investigate and respond. If, after presentation of\nthe complaint to the charter entity, the individual or group determines\nthat the charter entity has not adequately addressed the complaint, they\nmay present that complaint to the board of regents, which shall\ninvestigate and respond. The charter entity and the board of regents\nshall have the power and the duty to issue appropriate remedial orders\nto charter schools under their jurisdiction to effectuate the provisions\nof this section.\n 5. The regulatory power of the board of regents and the commissioner\nshall not extend to charter schools except as otherwise specifically\nprovided in this article.\n