New York State Consolidated Laws: Education: Article 56

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 ARTICLE 56
 CHARTER SCHOOLS
Section 2850. Short title; purpose.
 2851. Eligible applicants; applications; submission.
 2852. Issuance of charter.
 2853. Charter school organization; oversight; facilities.
 2854. General requirements.
 2855. Causes for revocation or termination.
 2856. Financing of charter schools.
 2857. Notice; review and assessment.
 
 S 2850. Short title; purpose. 1. This article shall be known and may
be cited as the "New York charter schools act of nineteen hundred nine-
ty-eight".
 2. The purpose of this article is to authorize a system of charter
schools to provide opportunities for teachers, parents, and community
members to establish and maintain schools that operate independently of
existing schools and school districts in order to accomplish the follow-
ing objectives:
 (a) Improve student learning and achievement;
 (b) Increase learning opportunities for all students, with special
emphasis on expanded learning experiences for students who are at-risk
of academic failure;
 (c) Encourage the use of different and innovative teaching methods;
 (d) Create new professional opportunities for teachers, school admin-
istrators and other school personnel;
 (e) Provide parents and students with expanded choices in the types of
educational opportunities that are available within the public school
system; and
 (f) Provide schools with a method to change from rule-based to perfor-
mance-based accountability systems by holding the schools established
under this article accountable for meeting measurable student achieve-
ment results.
 
 S 2851. Eligible applicants; applications; submission. 1. An applica-
tion to establish a charter school may be submitted by teachers,
parents, school administrators, community residents or any combination
thereof. Such application may be filed in conjunction with a college,
university, museum, educational institution, not-for-profit corporation
exempt from taxation under paragraph 3 of subsection (c) of section 501
of the internal revenue code or for-profit business or corporate entity
authorized to do business in New York state. For charter schools estab-
lished in conjunction with a for-profit business or corporate entity,
the charter shall specify the extent of the entity`s participation in
the management and operation of the school.
 2.  The information provided on the application shall be consistent
with the provisions of this article and other applicable laws, rules and
regulations. Such information shall include:
 (a) A mission statement for the school and a description of an educa-
tional program that implements one or more of the purposes described in
subdivision two of section twenty-eight hundred fifty of this article.
 (b) A description of student achievement goals for the school`s educa-
tional program and the chosen methods of evaluating that students have
attained the skills and knowledge specified for those goals. Such educa-
tional program shall meet or exceed the student performance standards
adopted by the board of regents for other public schools.
 (c) The proposed governance structure of the school, including a list
of members of the initial board of trustees, a description of the quali-
fications, terms and method of appointment or election of trustees, the
organizational structure of the school, and the processes to be followed
by the school to promote parental and staff involvement in school gover-
nance.
  (d) Admission policies and procedures for the school, which shall be
consistent with the requirements of subdivision two of section twenty-
eight hundred fifty-four of this article.
 (e) A proposed budget and fiscal plan for the school, including
supporting evidence that the fiscal plan is sound and that sufficient
start-up funds will be available to the charter school.
 (f) Requirements and procedures for programmatic and independent
fiscal audits at least once annually, with such audits being comparable
in scope to those required of other public schools.
 (g) The hiring and personnel policies and procedures of the school,
including the qualifications to be used in the hiring of teachers,
school administrators and other school employees, and a description of
staff responsibilities.
 (h) The rules and procedures by which students may be disciplined,
including but not limited to expulsion or suspension from the school,
which shall be consistent with the requirements of due process and with
federal laws and regulations governing the placement of students with
disabilities.
 (i)  The number of students to be served by the school, which number
shall be at least fifty at a single site and the minimum number of
teachers to be employed at the school, which shall be at least three.
Provided, however, that a charter school may serve fewer than fifty
students or employ fewer than three teachers in the school`s first year
of operation or if the applicant presents a compelling justification,
such as the school would serve a geographically remote region.
 (j) Information regarding the facilities to be used by the school,
including the location of the school, if known, and the means by which
pupils will be transported to and from the school. If the facilities to
be used by the proposed school are not known at the time the application
is submitted, the applicant shall notify the charter entity and, if
applicable, the board of regents within ten business days of acquiring
facilities for such school; provided, however, that the charter school
must obtain a certificate of occupancy for such facilities prior to the
date on which instruction is to commence at the school.
 (k) The name of the proposed charter school, which shall include the
words "charter school" and which shall not include the name or identifi-
cation of a for-profit business or corporate entity.
 (l) A description of the ages and grade levels to be served by the
school.
 (m) Identification and background information on all applicants and
proposed members of the board of trustees.
 (n) The school calendar and school day schedule, which shall provide
at least as much instruction time during a school year as required of
other public schools.
 (o) Types and amounts of insurance coverage to be obtained by the
school, which shall include adequate insurance for liability, property
loss and the personal injury of students. The commissioner and the
superintendent of insurance may jointly promulgate regulations to imple-
ment the provisions of this paragraph.
 (p) The term of the proposed charter, which shall not exceed five
years.
 (q) Evidence of adequate community support for and interest in the
charter school sufficient to allow the school to reach its anticipated
enrollment, and an assessment of the projected programmatic and fiscal
impact of the school on other public and nonpublic schools in the area.
 (r) A description of the health and food services to be provided to
students attending the school.
 (s) Methods and strategies for serving students with disabilities in
compliance with all federal laws and regulations relating thereto.
 (t) Procedures to be followed in the case of the closure or dissol-
ution of the charter school, including provisions for the transfer of
students and student records to the school district in which the charter
school is located and for the disposition of the school`s assets to the
school district in which the charter school is located or another char-
ter school located within the school district.
 (u) Requirements for the grant of a diploma, if the school serves the
twelfth grade.
 (v) A code of ethics for the charter school, setting forth for the
guidance of its trustees, officers and employees the standards of
conduct expected of them.
 (w) A description of the residential facilities, if any, provided by
the charter school.
 (x) Any other information relevant to the issuance of a charter
required by the charter entity.
  3. An applicant shall suit the application to a charter entity for
approval. For purposes of this article, a charter entity shall be:
  (a) The board of education of a school district eligible for an appor-
tionment of aid under subdivision twelve of section thirty-six hundred
two of this chapter, provided that a board of education shall not
approve an application for a school to be operated outside the school
district`s geographic boundaries and further provided that in a city
having a population of one million or more, the chancellor of any such
city school district shall be the charter entity established by this
paragraph;
  (b) The board of trustees of the state university of New York; or
 (c) The board of regents.
 The board of regents shall be the only entity authorized to issue a
charter pursuant to this article. Notwithstanding any provision of this
subdivision to the contrary, an application for the conversion of an
existing public school to a charter school shall be submitted to, and
may only be approved by, the charter entity set forth in paragraph (a)
of this subdivision. Any such application for conversion shall be
consistent with this section, and the charter entity shall require that
the parents or guardians of a majority of the students then enrolled in
the existing public school vote in favor of converting the school to a
charter school.
 4. Charters may be renewed, upon application, for a term of up to five
years in accordance with the provisions of this article for the issuance
of such charters pursuant to section twenty-eight hundred fifty-two of
this article; provided, however, that a renewal application shall
include:
 (a) A report of the progress of the charter school in achieving the
educational objectives set forth in the charter.
  (b) A detailed financial statement that discloses the cost of adminis-
tration, instruction and other spending categories for the charter
school that will allow a comparison of such costs to other schools, both
public and private. Such statement shall be in a form prescribed by the
board of regents.
 (c) Copies of each of the annual reports of the charter school
required by subdivision two of section twenty-eight hundred fifty-seven
of this article, including the charter school report cards and the
certified financial statements.
 (d) Indications of parent and student satisfaction.
Such renewal application shall be submitted to the charter entity no
later than six months prior to the expiration of the charter; provided,
however, that the charter entity may waive such deadline for good cause
shown.
 
 S 2852. Issuance of charter. 1. A charter entity that receives an
application for approval of a charter school shall act on each request
received prior to October first of a calendar year on or before January
first of the succeeding calendar year, and a proposed charter between
the applicant and the charter entity resulting from such application
shall be executed on or before February first of such succeeding year.
Nothing in this subdivision shall be construed to prevent a charter
entity from receiving or acting upon an application at any time.
 2. An application for a charter school shall not be approved unless
the charter entity finds that:
 (a) the charter school described in the application meets the require-
ments 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; and
 (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.
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 appli-
cants 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 condi-
tion 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 enti-
ty 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 trans-
ferred 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 suit 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 agree-
ment, 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)
any other terms or conditions required by applicable laws, rules and
regulations, and (c) any other terms or conditions, not inconsistent
with law, agreed upon by the applicant and the charter entity. In addi-
tion, 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 suit 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. 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 recom-
mendations of the board of regents. If the board of regents fails to act
on such proposed charter within sixty 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 resuitted
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 char-
ter shall be deemed approved and issued at the expiration of such peri-
od.
  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 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.
 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 shall
not exceed one hundred. Fifty of such charters shall be issued on the
recommendation of the charter entity described in paragraph (b) of
subdivision three of section twenty-eight hundred fifty-one of this
article, and fifty of such charters shall be issued on the recommenda-
tion of the other charter entities set forth in subdivision three of
section twenty-eight hundred fifty-one of this article. The failure of
any body to issue the regulations authorized pursuant to this article
shall not effect 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 shall not be counted toward the
numerical limits established by this subdivision.
 
 S 2853. Charter school organization; oversight; facilities. 1.  Organ-
ization and legal status. (a) Upon the approval of a charter by the
board of regents, the board of regents shall incorporate the charter
school as an education corporation for a term not to exceed five years.
Such certificate of incorporation shall not modify or limit any terms of
the charter approved by the board of regents. Upon approval of an appli-
cation to renew a charter, the board of regents shall extend the certif-
icate of incorporation for a term not to exceed five years. Upon termi-
nation or nonrenewal of the charter of a charter school pursuant to
section twenty-eight hundred fifty-five of this article, the certificate
of incorporation of the charter school shall be revoked by the board of
regents pursuant to section two hundred nineteen of this chapter,
provided that compliance with the notice and hearing requirements of
such section twenty-eight hundred fifty-five of this article shall be
deemed to satisfy the notice and hearing requirements of such section
two hundred nineteen. It shall be the duty of the trustees of the char-
ter school to obtain federal tax-exempt status no later than one year
following  approval of a charter school by the board of regents. For
purposes of this article, "certificate of incorporation" shall mean the
provisional charter issued by the board of regents to form the charter
school as an educational corporation pursuant to sections two hundred
sixteen and two hundred seventeen of this chapter.
 (b)  An education corporation organized to operate a charter school
shall have all corporate powers necessary and desirable for carrying out
a charter school program in accordance with the provisions of this arti-
cle, other applicable laws and regulations and the terms of the charter,
including all of the powers of an education corporation formed to oper-
ate an elementary or secondary school and those powers granted under the
provisions of the not-for-profit corporation law that are made applica-
ble to charter schools by section two hundred sixteen-a of this chapter.
The powers of the trustees of the charter school shall include those
powers specified in section two hundred twenty-six of this chapter.
 (b-1) An education corporation operating a charter school shall not be
authorized to operate more than one school or house any grade at more
than one site, provided that:
 (A) a charter school may operate in more than one building at a single
site; and
 (B) a charter school which provides instruction to its students at
different locations for a portion of their school day shall be deemed to
be operating at a single site.
  (c)  A charter school shall be deemed an independent and autonomous
public school, except as otherwise provided in this article. The charter
entity and the board of regents shall be deemed to be the public agents
authorized to supervise and oversee the charter school.
 (d) The powers granted to a charter school under this article consti-
tute the performance of essential public purposes and governmental
purposes of this state. A charter school shall be exempt to the same
extent as other public schools from all taxation, fees, assessments or
special ad valorem levies on its earnings and its property, including
property leased by the charter school. Instruments of conveyance to or
from a charter school and any bonds or notes issued by a charter school,
together with the income therefrom, shall at all times be exempt from
taxation.
 (e) A charter school shall not have the power to levy taxes or to
acquire property by eminent domain.
 (f) The board of trustees of the charter school shall have final
authority for policy and operational decisions of the school. Nothing
herein shall prohibit the board of trustees of a charter school from
delegating decision-making authority to officers and employees of the
school in accordance with the provisions of the charter.
 (g)  Notwithstanding any provision of law to the contrary, no civil
liability shall attach to any charter entity, the board of regents, or
to any of their members or employees, individually or collectively, for
any acts or omissions of the charter school. Neither the local school
district, the charter entity nor the state shall be liable for the debts
or financial obligations of a charter school or any person or corporate
entity who operates a charter school.
 2. The board of regents and charter entity shall oversee each school
approved by such entity, and may visit, examine into and inspect any
charter school, including the records of such school, under its over-
sight. Oversight by a charter entity and the board of regents shall be
sufficient to ensure that the charter school is in compliance with all
applicable laws, regulations and charter provisions.
 2-a. For schools approved by an entity described in paragraph (b) or
(c) of subdivision three of section twenty-eight  hundred fifty-one of
this article, the school district in which the charter school is located
shall have the right to visit, examine into, and inspect the charter
school for the purpose of ensuring that the school is in compliance with
all applicable laws, regulations and charter provisions. Any evidence of
non-compliance may be forwarded by such school district to the board of
regents and the charter entity for action pursuant to section twenty-
eight hundred fifty-five of this article.
 3. Facilities. (a) A charter school may be located in part of an
existing public school building, in space provided on a private work
site, in a public building or in any other suitable location. A charter
school may own, lease or rent its space. For purposes of local zoning,
land use regulation and building code compliance, a charter school shall
be deemed a nonpublic school.
 (b) A charter school may pledge, assign or encumber its assets to be
used as collateral for loans or extensions of credit; provided, however,
that a charter school shall not pledge or assign monies provided, or to
be provided, pursuant to subdivision one of section twenty-eight hundred
fifty-six of this article in connection with the purchase or
construction, acquisition, reconstruction, rehabilitation or improvement
of a school facility.
 (c) The office of general services shall annually publish a list of
vacant and unused buildings and vacant and unused portions of buildings
that are owned by the state and that may be suitable for the operation
of a charter school. Such list shall be provided to applicants for char-
ter schools and to existing charter schools. At the request of a charter
school or a prospective applicant, a school district shall make avail-
able a list of vacant and unused school buildings and vacant and unused
portions of school buildings, including private school buildings, within
the school district that may be suitable for the operation of a charter
school.
 4. Public and private assistance to charter schools. (a) For purposes
of sections seven hundred one, seven hundred eleven, seven hundred
fifty-one and nine hundred twelve of this chapter, a charter school
shall be deemed a nonpublic school in the school district within which
the charter school is located. Special education programs and services
shall be provided to students with a disability attending a charter
school in accordance with the individualized education program recom-
mended by the committee or subcommittee on special education of the
student`s school district of residence. The charter school may arrange
to have such services provided by such school district of residence or
by the charter school directly or by contract with another provider.
 (b) For purposes of section thirty-six hundred thirty-five of this
chapter, a charter school shall be deemed a nonpublic school. The char-
ter and application therefor shall set forth the manner in which
students ineligible for transportation pursuant to section thirty-six
hundred thirty-five of this chapter shall be transported to and from
school. Any supplemental transportation provided by a charter school
shall comply with all transportation safety laws and regulations appli-
cable to other public schools. A school district may enter into a
contract for the provision of supplemental transportation services to a
charter school, and any such services shall be provided by the school
district at cost.
 (c)  A charter school may contract with a school district or the
governing body of a public college or university for the use of a school
building and grounds, the operation and maintenance thereof. Any such
contract shall provide such services or facilities at cost.
 (d) Private persons and organizations are encouraged to provide fund-
ing and other assistance to the establishment or operation of charter
schools.
 (e)  The school district of residence of children attending a charter
school may, but is not required to, allow such children to participate
in athletic and extra-curricular activities of the district`s schools.
 
 S 2854. General requirements. 1. Applicability of other laws. (a)
Notwithstanding any provision of law to the contrary, to the extent that
any provision of this article is inconsistent with any other state or
local law, rule or regulation, the provisions of this article shall
govern and be controlling.
 (b) A charter school shall meet the same health and safety, civil
rights, and student assessment requirements applicable to other public
schools, except as otherwise specifically provided in this article. A
charter school shall be exempt from all other state and local laws,
rules, regulations or policies governing public or private schools,
boards of education and school districts, including those relating to
school personnel and students, except as specifically provided in the
school`s charter or in this article. Nothing in this subdivision shall
affect the requirements of compulsory education of minors established by
part one of article sixty-five of this chapter.
  (c) A charter school shall be subject to the financial audits, the
audit procedures, and the audit requirements set forth in the charter.
Such procedures and standards shall be consistent with generally
accepted accounting and audit standards. Independent fiscal audits shall
be required at least once annually.
 (d)  A charter school shall design its educational programs to meet or
exceed the student performance standards adopted by the board of regents
and the student performance standards contained in the charter. Students
attending charter school shall be required to take regents examinations
to the same extent such examinations are required of other public school
students. A charter school offering instruction in the high school
grades may grant regents diplomas and local diplomas to the same extent
as other public schools, and such other certificates and honors as are
specifically authorized by their charter, and in testimony thereof give
suitable certificates, honors and diplomas under its seal; and every
certificate and diploma so granted shall entitle the conferee to all
privileges and immunities which by usage or statute are allowed for
similar diplomas of corresponding grade granted by any other public
school.
 (e)  A charter school shall be subject to the provisions of articles
six and seven of the public officers law.
  2. Admissions; enrollment; students. (a) A charter school shall be
nonsectarian in its programs, admission policies, employment practices,
and all other operations and shall not charge tuition or fees; provided
that a charter school may require the payment of fees on the same basis
and to the same extent as other public schools. A charter school shall
not discriminate against any student, employee or any other person on
the basis of ethnicity, national origin, gender, or disability or any
other ground that would be unlawful if done by a school. Admission of
students shall not be limited on the basis of intellectual ability,
measures of achievement or aptitude, athletic ability, disability, race,
creed, gender, national origin, religion, or ancestry; provided, howev-
er, that nothing in this article shall be construed to prevent the
establishment of a single-sex charter school or a charter school
designed to provide expanded learning opportunities for students at-risk
of academic failure. A charter shall not be issued to any school that
would be wholly or in part under the control or direction of any reli-
gious denomination, or in which any denominational tenet or doctrine
would be taught.
  (b) Any child who is qualified under the laws of this state for admis-
sion to a public school is qualified for admission to a charter school.
The school shall enroll each eligible student who suits a timely
application, unless the number of applications exceeds the capacity of
the grade level or building. In such cases, students shall be accepted
from among applicants by a random selection process, provided, however,
that an enrollment preference shall be provided to pupils returning to
the charter school in the second or any subsequent year of operation and
pupils residing in the school district in which the charter school is
located, and siblings of pupils already enrolled in the charter school.
 (c) A charter school shall serve one or more of the grades one through
twelve, and shall limit admission to pupils within the grade levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten program.
 (d) A student may withdraw from a charter school at any time and
enroll in a public school. A charter school may refuse admission to any
student who has been expelled or suspended from a public school until
the period of suspension or expulsion from the public school has
expired, consistent with the requirements of due process.
  3. School personnel. (a) An employee of a charter school shall be an
employee of the education corporation formed to operate the charter
school and not an employee of the local school district in which the
charter school is located. An employee of a charter school shall be
deemed to be a public employee solely for purposes of article fourteen
of the civil service law, except for section two hundred twelve of such
law, and for no other purposes unless otherwise specified in this arti-
cle, the board of trustees of the charter school shall constitute a
board of education solely for purposes of article fourteen of the civil
service law, except for section two hundred twelve of such law, and for
no other purposes unless otherwise specified in this article, a charter
school shall be deemed to be a public employer solely for purposes of
article fourteen of the civil service law, except for section two
hundred twelve of such law, and for no other purposes unless otherwise
specified in this article, and the chief executive officer of the char-
ter school shall be the person designated as such by the board of trus-
tees of the charter school.
  (a-1) The board of trustees of a charter  school shall employ and
contract with necessary teachers, administrators and other school
personnel. Such teachers shall be certified in accordance with the
requirements applicable to other public schools; provided, however, that
a charter school may employ as teachers (i) uncertified teachers with at
least three years of elementary, middle or secondary classroom teaching
experience; (ii) tenured or tenure track college faculty; (iii) individ-
uals with two years of satisfactory experience through the Teach for
America program; and (iv) individuals who possess exceptional business,
professional, artistic, athletic, or military experience, provided,
however, that such teachers described in clauses (i), (ii), (iii), and
(iv) of this paragraph shall not in total comprise more than thirty per
centum of the teaching staff of a charter school, or five teachers,
whichever is less. A teacher certified or otherwise approved by the
commissioner shall not be included in the numerical limits established
by the preceding sentence.
 (b) The school employees of a charter school that has been converted
from an existing public school who are eligible for representation under
article fourteen of the civil service law shall be deemed to be included
within the negotiating unit containing like titles or positions, if any,
for the school district in which such charter school is located and
shall be subject to the collective bargaining agreement covering that
school district negotiating unit; provided, however, that a majority of
the members of a negotiating unit within a charter school may modify, in
writing, a collective bargaining agreement for the purposes of employ-
ment in the charter school with the approval of the board of trustees of
the charter school.
 
 * (a-2) The board of trustees of a charter school shall require, for
purposes of a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five of
this chapter, who do not hold valid clearance pursuant to such section
or pursuant to section three thousand four-b of this chapter or section
five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
traffic law. Prior to  initiating the fingerprinting process, the
prospective employer shall furnish the applicant with the form described
in paragraph (c) of subdivision thirty of section three hundred five of
this chapter and shall obtain the applicant`s consent to the criminal
history records search. Every set of fingerprints taken pursuant to this
paragraph shall be promptly submitted to the commissioner for purposes
of clearance for employment.
 * NB Effective July 1, 2001
 * (a-3) The board of trustees of a charter school shall upon commence-
ment and termination of employment of an employee by the charter school
district, provide the commissioner with the name of and position held by
such employee.
 * NB Effective July 1, 2001
 
 (b-1) The employees of a charter school that is not a conversion from
an existing public school shall not be deemed members of any existing
collective bargaining unit representing employees of the school district
in which the charter school is located, and the charter school and its
employees shall not be subject to any existing collective bargaining
agreement between the school district and its employees. Provided,
however, that (i) if the student enrollment of the charter school on the
first day on which the charter school commences student instruction
exceeds two hundred fifty or if the average daily student enrollment of
such school exceeds two hundred fifty students at any point during the
first year after the charter school commences student instruction, all
instructional employees of the school who are eligible for represen-
tation under article fourteen of the civil service law shall be deemed
to be represented in a separate negotiating unit at the charter school
by the same employee organization, if any, that represents like employ-
ees in the school district in which such charter school is located; (ii)
the provisions of subparagraph (i) of this paragraph may be waived in up
to ten charters issued on the recommendation of the charter entity set
forth in paragraph (b) of subdivision three of section twenty-eight
hundred fifty-one of this article; (iii) the provisions of subparagraph
(i) of this paragraph shall not be applicable to the renewal or exten-
sion of a charter; and (iv) nothing in this sentence shall be construed
to subject a charter school subject to the provisions of this paragraph
or its employees to any collective bargaining agreement between any
public school district and its employees or to make the employees of
such charter school part of any negotiating unit at such school
district. The charter school may, in its sole discretion, choose whether
or not to offer the terms of any existing collective bargaining to
school employees.
  (c) The employees of the charter school may be deemed employees of the
local school district for the purpose of providing retirement benefits,
including membership in the teachers` retirement system and other
retirement systems open to employees of public schools. The financial
contributions for such benefits shall be the responsibility of the char-
ter school and the school`s employees. The commissioner, in consultation
with the comptroller, shall develop regulations to implement the
provisions of this paragraph in a manner that allows charter schools to
provide retirement benefits to its employees in the same manner as other
public school employees.
 (c-1)  Reasonable access. (i) If employees of the charter school are
not represented, any charter school chartered pursuant to this article
must afford reasonable access to any employee organization during the
reasonable proximate period before any representation question is
raised; or
 (ii) If the employee organization is a challenging organization,
reasonable access must be provided to any organization seeking to repre-
sent employees beginning with a date reasonably proximate to a challenge
period. Reasonableness is defined, at a minimum, as access equal to that
provided to the incumbent organization.
 (c-2) Employer neutrality. It shall be an improper practice for a
charter school board of directors, chief administrative officer and
their agents to commit any of the acts set forth in subdivision one of
section two hundred nine-a of the civil service law and could in accord-
ance with section twenty-eight hundred fifty-five of this article,
result in the revocation of the charter.
 (d) A teacher employed by a school district may make a written request
to the board of education for an extended leave of absence to teach at a
charter school. Approval for such a leave of absence for a period of two
years or less shall not be unreasonably withheld. If such approval is
granted to a teacher by the school district, the teacher may return to
teach in the school district during such period of leave without the
loss of any right of certification, retirement, seniority, salary status
or any other benefit provided by law or by collective bargaining agree-
ment. If an appropriate position is unavailable, the teacher`s name
shall be placed on a preferred eligible list of candidates for appoint-
ment to a vacancy that may thereafter occur in an office or position
similar to the one such teacher filled in such school district imme-
diately prior to the leave of service.
 
 S 2855. Causes for revocation or termination. 1. The charter entity,
or the board of regents, may terminate a charter upon any of the follow-
ing grounds:
 (a) When a charter school`s outcome on student assessment measures
adopted by the board of regents falls below the level that would allow
the commissioner to revoke the registration of another public school,
and student achievement on such measures has not shown improvement over
the preceding three school years:
 (b) Serious violations of law;
 (c) Material and substantial violation of the charter, including
fiscal mismanagement; or
 (d)  When the public employment relations board makes a determination
that the charter school demonstrates a practice and pattern of egregious
and intentional violations of subdivision one of section two hundred
nine-a of the civil service law involving interference with or discrimi-
nation against employee rights under article fourteen of the civil
service law.
 2. Notice of intent to revoke a charter shall be provided to the board
of trustees of a charter school at least thirty days prior to the effec-
tive date of the proposed revocation. Such notice shall include a state-
ment of reasons for the proposed revocation. The charter school shall be
allowed at least thirty days to correct the problems associated with the
proposed revocation. Prior to revocation of the charter, a charter
school shall be provided an opportunity to be heard, consistent with the
requirements of due process. Upon the termination of a charter, the
charter school shall proceed with dissolution pursuant to the procedures
of the charter and direction of the charter entity and the board of
regents.
 3. In addition to the provisions of subdivision two of this section,
the charter entity or the board of regents may place a charter school
falling within the provisions of subdivision one of this section on
probationary status to allow the implementation of a remedial action
plan. The failure of a charter school to comply with the terms and
conditions of a remedial action plan may result in summary revocation of
the school`s charter.
 4. Any individual or group may bring a complaint to the board of trus-
tees of a charter school alleging a violation of the provisions of this
article, the charter, or any other provision of law relating to the
management or operation of the charter school. If, after presentation of
the complaint to the board of trustees of a charter school, the individ-
ual or group determines that such board has not adequately addressed the
complaint, they may present that complaint to the charter entity, which
shall investigate and respond. If, after presentation of the complaint
to the charter entity, the individual or group determines that the char-
ter entity has not adequately addressed the complaint, they may present
that complaint to the board of regents, which shall investigate and
respond. The charter entity and the board of regents shall have the
power and the duty to issue appropriate remedial orders to charter
schools under their jurisdiction to effectuate the provisions of this
section.
 5. The regulatory power of the board of regents and the commissioner
shall not extend to charter schools except as otherwise specifically
provided in this article.
 
  S 2856. Financing of charter schools. 1. The enrollment of students
attending charter schools shall be included in the enrollment, attend-
ance and, if applicable, count of students with disabilities of the
school district in which the pupil resides. The charter school shall
report all such data to the school districts of residence in a timely
manner. Each school district shall report such enrollment, attendance
and count  of students with disabilities to the department. The school
district of residence shall pay directly to the charter school for each
student enrolled in the charter school who resides in the school
district an amount equal to one hundred percent of the amount calculated
pursuant to paragraph f of subdivision one of section thirty six hundred
two of this chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to subdivision eleven of section
thirty six hundred two of this chapter from two years prior to the base
year to the base year. The school district shall also pay directly to
the charter school any federal or state aid attributable to a student
with a disability attending charter school in proportion to the level of
services for such student with a disability that the charter school
provides directly or indirectly. Notwithstanding anything in this
section to the contrary, amounts payable pursuant to this subdivision
may be reduced pursuant to an agreement between the school and the char-
ter entity set forth in the charter. Payments made pursuant to this
subdivision shall be made by the school district in six substantially
equal installments each year beginning on the first business day of July
and every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable to a charter
school in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the charter. Such projections
shall be reconciled with the actual enrollment at the end of the
school`s first year of operation, and any necessary adjustments shall be
made to payments during the school`s second year of operation.
  2. In the event of the failure of the school district to make payments
required by this section, the state comptroller shall deduct from any
state funds which become due to such school district an amount equal to
the unpaid obligation. The comptroller shall pay over such sum to the
charter school upon certification of the commissioner. The commissioner
shall promulgate regulations to implement the provisions of this subdi-
vision.
 3. Nothing in this article shall be construed to prohibit any person
or organization from providing funding or other assistance to the estab-
lishment or operation of a charter school. The board of trustees of a
charter school is authorized to accept gifts, donations or grants of any
kind made to the charter school and to expend or use such gifts,
donations or grants in accordance with the conditions prescribed by the
donor; provided, however, that no gift, donation or grant may be
accepted if subject to a condition that is contrary to any provision of
law or term of the charter.
 
 S 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. Prior to the issu-
ance or renewal of a charter, the school district in which the charter
school is located shall be given an opportunity to comment on the
proposed charter to the charter entity. In addition, such s