2006 New York Code - Eligible Applicants; Applications; Submission.

 
    §   2851.   Eligible   applicants;  applications;  submission.  1.  An
  application 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
  established  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
  educational  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
  educational program and the chosen methods of evaluating  that  students
  have  attained  the skills and knowledge specified for those goals. Such
  educational  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
  qualifications, 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 governance.
    (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
  identification 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
  implement 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
  dissolution 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
  charter 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 submit 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
  apportionment  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
  administration,  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.