(a) the charter school described in the application meets the
requirements set out in this article and all other applicable laws,
rules and regulations;
(b) the applicant can demonstrate the ability to operate the school in
an educationally and fiscally sound manner;
(c) granting the application is likely to improve student learning and
achievement and materially further the purposes set out in subdivision
two of section twenty-eight hundred fifty of this article;
(d) in a school district where the total enrollment of resident
students attending charter schools in the base year is greater than five
percent of the total public school enrollment of the school district in
the base year (i) granting the application would have a significant
educational benefit to the students expected to attend the proposed
charter school or (ii) the school district in which the charter school
will be located consents to such application; and
(e) for applicants for an initial charter pursuant to paragraph (b-1)
of subdivision nine of this section in a school district located in a
city with a population of one million or more, the total enrollment of
students attending charter schools within the community district in
which the charter school will be located in the base year is less than
or equal to fifty-five percent of the total public school enrollment
attending within such community district in the base year.
In reviewing applications, the charter entity is encouraged to give
preference to applications that demonstrate the capability to provide
comprehensive learning experiences to students identified by the
applicants as at risk of academic failure.
3. A charter entity is not required to approve a charter and may
require an applicant to modify or supplement an application as a
condition of approval. An existing private school shall not be eligible
to convert to a charter school. In determining whether an application
involves the conversion of an existing private school, the charter
entity and the board of regents shall consider such factors as: (a)
whether the charter school would have the same or substantially the same
board of trustees and/or officers as an existing private school; (b)
whether a substantial proportion of employees of the charter school
would be drawn from such existing private school; (c) whether a
substantial portion of the assets and property of such existing private
school would be transferred to the charter school; (d) whether the
charter school would be located at the same site as such existing
private school; (e) upon renewal only, whether such private school
closed within one year of establishment of the charter school; and (f)
upon renewal only, whether a substantial portion of the charter school's
students were drawn from such existing private school.
4. Each individual applicant seeking to establish a charter school
shall submit a full set of fingerprints to the charter entity for the
purpose of obtaining a state and federal criminal records check. The
division of criminal justice services is authorized to provide this
information to the federal bureau of investigation and to perform a
state and federal criminal records check on each applicant and report
the results to the charter entity and the board of regents. The criminal
records check shall be completed to the satisfaction of the charter
entity prior to approval of the application. The department and the
division of criminal justice services shall enter into any memoranda of
agreement necessary to implement the requirements of this subdivision.
5. Upon approval of an application by a charter entity, the applicant
and charter entity shall enter into a proposed agreement allowing the
applicants to organize and operate a charter school. Such written
agreement, known as the charter, shall include (a) the information
required by subdivision two of section twenty-eight hundred fifty-one of
this article, as modified or supplemented during the approval process,
(b) in the case of charters to be issued pursuant to subdivision nine-a
of this section, information required by such subdivision, (c) any other
terms or conditions required by applicable laws, rules and regulations,
and (d) any other terms or conditions, not inconsistent with law, agreed
upon by the applicant and the charter entity. In addition, the charter
shall include the specific commitments of the charter entity relating to
its obligations to oversee and supervise the charter school. Within five
days after entering into a proposed charter, the charter entity other
than the board of regents shall submit to the board of regents a copy of
the charter, the application and supporting documentation for final
approval and issuance by the board of regents in accordance with
subdivisions five-a and five-b of this section.
5-a. Upon receipt of a proposed charter submitted by a charter entity,
the board of regents shall review such proposed charter in accordance
with the standards set forth in subdivision two of this section, and any
other applicable specifications required by this article. The board of
regents shall either (a) approve and issue the charter as proposed by
the charter entity or (b) return the proposed charter to the charter
entity for reconsideration with the written comments and recommendations
of the board of regents. If the board of regents fails to act on such
proposed charter within ninety days of its submission to the board of
regents in accordance with the previous sentence, the proposed charter
shall be deemed to have been approved and issued by the board of regents
at the expiration of such period.
5-b. If the board of regents returns a proposed charter to the charter
entity pursuant to the provisions of subdivision five-a of this section,
such charter entity shall reconsider the proposed charter, taking into
consideration the comments and recommendation of the board of regents.
Thereafter, the charter entity shall resubmit the proposed charter to
the board of regents with modifications, provided that the applicant
consents in writing to such modifications, resubmit the proposed charter
to the board of regents without modifications, or abandon the proposed
charter. The board of regents shall review each such resubmitted
proposed charter in accordance with the provisions of subdivision five-a
of this section; provided, however, that it shall be the duty of the
board of regents to approve and issue a proposed charter resubmitted by
the charter entity described in paragraph (b) of subdivision three of
section twenty-eight hundred fifty-one of this article within thirty
days of the resubmission of such proposed charter or such proposed
charter shall be deemed approved and issued at the expiration of such
period.
6. The denial of an application for a charter school by a charter
entity shall be in writing and shall state the reasons for the denial.
Notwithstanding any provision of law to the contrary, such denial is
final and shall not be reviewable in any court or by any administrative
body.
7. (a) A revision of a charter shall be made only upon the approval of
the charter entity and the board of regents in accordance with the
provisions of subdivisions five-a and five-b of this section.
(b) When a revision of a charter involves the relocation of a charter
school to a different school district, the proposed new school district
shall be given at least forty-five days notice of the proposed
relocation. In addition, the applicant shall provide an analysis of the
community support for such relocation and of the projected programmatic
and fiscal impact of the charter school on the proposed new school
district of location and other public and nonpublic schools in the area.
8. A charter entity shall not charge a fee or require reimbursement of
expenses for considering a charter application, for approving a charter
application or for providing oversight of a charter school.
9. The total number of charters issued pursuant to this article
statewide shall not exceed four hundred sixty. (a) All charters issued
on or after July first, two thousand fifteen and counted toward the
numerical limits established by this subdivision shall be issued by the
board of regents upon application directly to the board of regents or on
the recommendation of the board of trustees of the state university of
New York pursuant to a competitive process in accordance with
subdivision nine-a of this section. Fifty of such charters issued on or
after July first, two thousand fifteen, and no more, shall be granted to
a charter for a school to be located in a city having a population of
one million or more. The failure of any body to issue the regulations
authorized pursuant to this article shall not affect the authority of a
charter entity to propose a charter to the board of regents or the board
of regents' authority to grant such charter. A conversion of an existing
public school to a charter school, or the renewal or extension of a
charter approved by any charter entity, shall not be counted toward the
numerical limits established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated on or
before July first, two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued
pursuant to paragraph (a) of this subdivision by the board of regents
either upon application directly to the board of regents or on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section. Provided that such reissuance shall not be
counted toward the statewide numerical limit established by this
subdivision, and provided further that no more than twenty-two charters
may be reissued pursuant to this paragraph.
(b-1) A charter that has been surrendered, revoked or terminated after
January first, two thousand fifteen, but before July first, two thousand
twenty-two, including a charter that has not been renewed by action of
its charter entity, may be reissued once pursuant to paragraph (a) of
this subdivision by the board of regents either upon application
directly to the board of regents or on the recommendation of the board
of trustees of the state university of New York pursuant to a
competitive process in accordance with subdivision nine-a of this
section. Provided that such reissuance shall not be counted toward the
numerical limits established by this subdivision, and provided further
that no more than twenty-two charters may be reissued pursuant to this
paragraph, provided that fourteen of such reissued charters shall be
allocated for, and shall not be counted toward the numerical limit in, a
city having a population of one million or more established in paragraph
(a) of this subdivision. Nothing herein shall be construed to allow more
than fourteen such charters to be reissued in a city having a population
of one million or more.
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by a chapter of the laws of two thousand fifteen
which added this paragraph.
9-a. (a) The board of regents is hereby authorized and directed to
issue four hundred sixty charters statewide upon either applications
submitted directly to the board of regents or upon the recommendation of
the board of trustees of the state university of New York pursuant to a
competitive request for proposals process.
The board of regents shall make a determination to issue a charter
pursuant to a request for proposals no later than December thirty-first
of each year.
(b) The board of regents and the board of trustees of the state
university of New York shall each develop such request for proposals in
a manner that facilitates a thoughtful review of charter school
applications, considers the demand for charter schools by the community,
and seeks to locate charter schools in a region or regions where there
may be a lack of alternatives and access to charter schools would
provide new alternatives within the local public education system that
would offer the greatest educational benefit to students. Applications
shall be evaluated in accordance with the criteria and objectives
contained within a request for proposals. The board of regents and the
board of trustees of the state university of New York shall not consider
any applications which do not rigorously demonstrate that they have met
the following criteria:
(i) that the proposed charter school would meet or exceed enrollment
and retention targets, as prescribed 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.
When developing such targets, the board of regents and the board of
trustees of the state university of New York, shall ensure (1) that such
enrollment targets are comparable to the enrollment figures of such
categories of students attending the public schools within the school
district, or in a city school district in a city having a population of
one million or more inhabitants, the community school district, in which
the proposed charter school would be located; and (2) that such
retention targets are comparable to the rate of retention of such
categories of students attending the public schools within the school
district, or in a city school district in a city having a population of
one million or more inhabitants, the community school district, in which
the proposed charter school would be located; and
(ii) that the applicant has conducted public outreach, in conformity
with a thorough and meaningful public review process prescribed by the
board of regents and the board of trustees of the state university of
New York, to solicit community input regarding the proposed charter
school and to address comments received from the impacted community
concerning the educational and programmatic needs of students.
(c) The board of regents and the board of trustees of the state
university of New York shall grant priority based on a scoring rubric to
those applications that best demonstrate how they will achieve the
following objectives, and any additional objectives the board of regents
and the board of trustees of the state university of New York, may
prescribe:
(i) increasing student achievement and decreasing student achievement
gaps in reading/language arts and mathematics;
(ii) increasing high school graduation rates and focusing on serving
specific high school student populations including, but not limited to,
students at risk of not obtaining a high school diploma, re-enrolled
high school drop-outs, and students with academic skills below grade
level;
(iii) focusing on the academic achievement of middle school students
and preparing them for a successful transition to high school;
(iv) utilizing high-quality assessments designed to measure a
student's knowledge, understanding of, and ability to apply, critical
concepts through the use of a variety of item types and formats;
(v) increasing the acquisition, adoption, and use of local
instructional improvement systems that provide teachers, principals, and
administrators with the information and resources they need to inform
and improve their instructional practices, decision-making, and overall
effectiveness;
(vi) partnering with low performing public schools in the area to
share best educational practices and innovations;
(vii) demonstrating the management and leadership techniques necessary
to overcome initial start-up problems to establish a thriving,
financially viable charter school;
(viii) demonstrating the support of the school district in which the
proposed charter school will be located and the intent to establish an
ongoing relationship with such school district.
(d) No later than November first, two thousand ten, and of each
succeeding year, after a thorough review of applications received, the
board of trustees of the state university of New York shall recommend
for approval to the board of regents the qualified applications that it
has determined rigorously demonstrate the criteria and best satisfy the
objectives contained within a request for proposals, along with
supporting documentation outlining such determination.
(e) Upon receipt of a proposed charter to be issued pursuant to this
subdivision submitted by a charter entity, the board of regents or the
board of trustees of the state university of New York, shall review,
recommend and issue, as applicable, such charters in accordance with the
standards established in this subdivision.
(f) The board of regents shall be the only entity authorized to issue
a charter pursuant to this article. The board of regents shall consider
applications submitted directly to the board of regents and applications
recommended by the board of trustees of the state university of New
York. Provided, however, that all such recommended applications shall be
deemed approved and issued pursuant to the provisions of subdivisions
five, five-a and five-b of this section.
(g) Each application submitted in response to a request for proposals
pursuant to this subdivision shall also meet the application
requirements set out in this article and any other applicable laws,
rules and regulations.
(h) During the development of a request for proposals pursuant to this
subdivision the board of regents and the board of trustees of the state
university of New York shall each afford the public an opportunity to
submit comments and shall review and consider the comments raised by all
interested parties.
10. Except in the case of a charter school formed by a school district
as a charter entity pursuant to paragraph (a) of subdivision three of
section twenty-eight hundred fifty-one of this article, a charter school
formed by approval of the regents or by operation of law on or after
March fifteenth in any school year shall not commence instruction until
July of the second school year next following.