2006 New York Code - Causes For Revocation Or Termination.

 
    §  2855.  Causes for revocation or termination. 1. The charter entity,
  or the board of regents,  may  terminate  a  charter  upon  any  of  the
  following 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
  discrimination  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
  effective  date  of the proposed revocation. Such notice shall include a
  statement 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
  trustees  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
  individual  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 charter 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.