2853 - Charter school organization; oversight; facilities.

§   2853.  Charter  school  organization;  oversight;  facilities.  1.  Organization 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,  provided however in the case of charters issued pursuant to  subdivision  nine-a  of  section  twenty-eight  hundred fifty-two of this article the  board of regents shall incorporate the charter school  as  an  education  corporation  for a term not to exceed five years in which instruction is  provided to pupils plus the period commencing with the effective date of  the charter and ending with the opening of the school  for  instruction.  Such certificate of incorporation shall not modify or limit any terms of  the  charter  approved  by  the  board  of  regents. Upon approval of an  application to renew a charter, the board of regents  shall  extend  the  certificate  of  incorporation for a term not to exceed five years. Upon  termination 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  charter 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  article, other applicable laws and regulations  and  the  terms  of  the  charter,  including all of the powers of an education corporation formed  to operate an elementary or secondary school and  those  powers  granted  under the provisions of the not-for-profit corporation law that are made  applicable  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  be  authorized  to  operate  more than one school or house any grade at more  than one site, provided that a charter must  be  issued  for  each  such  additional  school  or  site in accordance with the requirements for the  issuance of a charter pursuant  to  this  article  and  that  each  such  additional  school  or  site shall count as a charter issued pursuant to  subdivision nine of section  twenty  eight  hundred  fifty-two  of  this  article; and provided further 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  constitute the performance of essential public purposes and governmentalpurposes  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  oversight. 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. Provided,  however, before a charter school may be located in part of  an  existing  public  school  building, the charter entity shall provide notice to the  parents or guardians of the  students  then  enrolled  in  the  existing  school  building  and  shall  hold  a  public  hearing  for  purposes of  discussing the location of the charter school. A charter school may own,  lease or rent its space.    (a-1) (i) For  charters  issued  pursuant  to  subdivision  nine-a  of  section twenty-eight hundred fifty-two of this article located outside a  city  school  district  in  a city having a population of one million or  more inhabitants, the department shall approve plans and  specifications  and  issue  certificates  of  occupancy  for  such charter schools. Such  charter schools shall comply with all department health,  sanitary,  and  safety  requirements  applicable  to facilities and shall be treated the  same as other public schools for purposes  of  local  zoning,  land  use  regulation  and  building  code  compliance.  Provided however, that the  department shall be authorized to grant  specific  exemptions  from  the  requirements  of  this  paragraph to charter schools upon a showing that  compliance with such requirements creates an undue economic hardship  or  that  some  other  good  cause  exists  that  makes compliance with thisparagraph extremely impractical. A demonstrated effort to  overcome  the  stated obstacles must be provided.    (ii)  In  a  city  school  district in a city with a population of one  million or more, all charters authorized to be issued by the chapter  of  the  laws  of  two  thousand ten which amended this subdivision shall be  obligated to comply with the department's health,  safety  and  sanitary  requirements  applicable to facilities to the same extent as non-charter  public schools in such a city school district.    (a-2) A charter school shall be deemed a nonpublic school for purposes  of local zoning, land use regulation and building code compliance if  it  has  been  granted  an exemption by the department pursuant to paragraph  (a-1) of this subdivision or if its charter was not issued  pursuant  to  subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this  article.    (a-3)(1) Before a charter school may be located or  co-located  in  an  existing  public  school  building  in  a city school district in a city  having a population of one million or more inhabitants,  the  chancellor  shall  identify which public school buildings may be subject to location  or co-location, provide the rationale  as  to  why  such  public  school  building  is  identified  for location or co-location and shall make all  such information publicly available,  including  via  the  city  board's  official  internet  website.  In  addition, the chancellor shall provide  widespread  notice  of  such  information  including  to  the  community  superintendent,   community   district   education   council   and   the  school-based management team. After a public school  building  has  been  selected  for  a  proposed location or co-location, the chancellor shall  develop a building usage plan in accordance with this paragraph.    (2) The building usage plan shall be developed by the  chancellor  for  each  school  that  has  been  definitively identified for a location or  co-location. The building usage plan shall  include,  but  need  not  be  limited to, the following information:    (A)  the actual allocation and sharing of classroom and administrative  space between the charter and non-charter schools;    (B) a proposal for the collaborative usage  of  shared  resources  and  spaces between the charter school and the non-charter schools, including  but  not  limited to, cafeterias, libraries, gymnasiums and recreational  spaces, including playgrounds which assures  equitable  access  to  such  facilities  in  a  similar manner and at reasonable times to non-charter  school students as provided to charter school students;    (C) justification of the feasibility of the proposed  allocations  and  schedules  set forth in clauses (A) and (B) of this subparagraph and how  such proposed allocations and shared usage would result in an  equitable  and comparable use of such public school building;    (D) building safety and security;    (E) communication strategies to be used by the co-located schools; and    (F)  collaborative  decision-making  strategies  to  be  used  by  the  co-located  schools  including  the  establishment  of  a  shared  space  committee pursuant to paragraph (a-four) of this subdivision.    (3)  A  building  usage plan developed by the chancellor in accordance  with this paragraph shall be  included  within  the  educational  impact  statement  required  by  paragraph  (b)  of subdivision two-a of section  twenty-five hundred ninety-h  of  this  title  and  be  subject  to  the  requirements  of  subdivision two-a of such section prior to approval by  the board of education pursuant to paragraph h  of  subdivision  one  of  section twenty-five hundred ninety-g of this title.    (4)  A  building  usage plan developed by the chancellor in accordance  with this paragraph may be revised and such revision shall require boardof education approval  consistent  with  the  requirements  pursuant  to  subdivision seven of section twenty-five hundred ninety-g of this title.    (5)  The  building  usage plan shall be made publicly available by the  chancellor, including via the city board's  official  internet  website,  and  a  copy  shall  also  be  filed  with  the city board, the impacted  community  district  education  council,  community  boards,   community  superintendent, and school based management team.    (a-4)  In  a city school district in a city having a population of one  million  or  more  inhabitants,  a  shared  space  committee  shall   be  established  in each public school building in which one or more charter  schools are located or co-located within a public school  building  with  non-charter   public  schools.  The  shared  space  committee  shall  be  comprised of the principal, a teacher, and a parent of  each  co-located  school.  Such  committee  shall  conduct regular meetings, at least four  times per school year, to review implementation of  the  building  usage  plan developed pursuant to paragraph (a-three) of this subdivision.    (a-5)  Notwithstanding any provision to the contrary, in a city school  district  in  a  city  having  a  population  of  one  million  or  more  inhabitants,  the  determination to locate or co-locate a charter school  within a public school building and the implementation of and compliance  with the building usage plan developed pursuant to  paragraph  (a-three)  of  this subdivision that has been approved by the board of education of  such city school district pursuant to paragraph (h) of  subdivision  one  of  section  twenty-five  hundred  ninety-g  of  this  title  and  after  satisfying the requirements of subdivision two-a of section  twenty-five  hundred  ninety-h  of  this  title  may  be appealed to the commissioner  pursuant to section three hundred ten of this chapter. Provided further,  the revision of a building usage plan approved by the board of education  consistent with  the  requirements  pursuant  to  subdivision  seven  of  section  twenty-five hundred ninety-g of this title may also be appealed  to the commissioner on the grounds that such revision fails to meet  the  standards set forth in clause (B) of subparagraph two of paragraph (a-3)  of  this  subdivision.  Following a petition for such appeal pursuant to  this paragraph, such  city  school  district  shall  have  ten  days  to  respond.  The  petition must be dismissed, adjudicated or disposed of by  the commissioner within ten days of  the  receipt  of  the  city  school  district's response.    (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  charter schools and to existing charter schools. At  the  request  of  a  charter  school or a prospective applicant, a school district shall make  available 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.    (d) Notwithstanding any other provision to the  contrary,  in  a  city  school  district  in  a  city having a population of one million or more  inhabitants, the chancellor must first authorize in writing any proposed  capital improvements or facility upgrades in  excess  of  five  thousanddollars,  regardless  of  the source of funding, made to accommodate the  co-location of a charter school within a public school building. For any  such improvements or upgrades that have been approved by the chancellor,  capital  improvements  or  facility  upgrades shall be made in an amount  equal to the expenditure of the  charter  school  for  each  non-charter  public  school  within  the  public  school  building.  For  any capital  improvements or facility upgrades in excess  of  five  thousand  dollars  that  have  been approved by the chancellor, regardless of the source of  funding, made in a charter school that is already  co-located  within  a  public  school  building,  matching  capital  improvements  or  facility  upgrades shall be made in an amount equal  to  the  expenditure  of  the  charter  school  for  each  non-charter  public school within the public  school building within three months of such improvements or upgrades.    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  recommended 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.  Where the charter  school  arranges  to  have  the  school  district  of  residence  provide  such  special  education  programs or services, such  school district shall provide services in the same manner as  it  serves  students  with  disabilities  in  other  public  schools  in  the school  district, including the provision of supplementary and related  services  on  site  to  the  same  extent  to which it has a policy or practice of  providing such services on the site of such other public schools.    * NB Effective until June 30, 2012    * (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  recommended  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.    * NB Effective June 30, 2012    (b) For purposes of section thirty-six  hundred  thirty-five  of  this  chapter,  a  charter  school  shall  be  deemed  a nonpublic school. The  charter 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  applicable  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 schoolbuilding  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  funding 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.