|
LAW |
|
Year Passed |
1998; last amended in 2010.
|
|
Rank |
7th strongest of the nation's 41 charter laws. |
|
Grade |
B |
|
GENERAL DATA |
|
|
• Charter cap was increased in 2010, but concessions on autonomy were made
• Per-pupil funding freeze could be re-introduced with new legislature and governor
• Highly regarded authorizer opportunities for charters
• Union-forced rules dominate some aspects of charter contracts |
|
MULTIPLE AUTHORIZERS - YES (3) |
|
Approval |
School boards, state board of education (New York Board of Regents) or the
board of trustees of the State University of New York (SUNY). In New York
City, the Chancellor also has direct authorizing power subject to the Board
of Regents approval. |
|
Appeal |
None |
|
NUMBER OF SCHOOLS ALLOWED |
|
Cap |
Yes. In 2010, cap was increased to 460 new starts. 114 are reserved for New
York City. 260 new charters to be evenly split between SUNY and Board of
Regents. SUNY and the Board of Regents are each limited to issuing up to 32
or 33 charters per year through 2014. No cap on conversion schools. |
|
OPERATIONAL AUTONOMY |
|
State |
Yes. Blanket waiver from most public school rules and regulations. Virtual
schools are not allowed. ESP management contracts restricted to only
nonprofits. Additional rules regarding the enrollment of certain student
categories, audits, and lotteries were added in 2010. |
|
Local |
Limited. Districts like NYC impose many local rules and regulations and
additional regulations regarding facilities were implemented in 2010. |
|
Teacher Freedom |
Limited. Schools enrolling fewer than 250 students in the first year are
exempt. Schools enrolling more than 250 students in the first two years must
negotiate with all staff as a separate bargaining unit of the local union.
Teachers in conversions remain covered by district collective bargaining
agreement, but may, by mutual agreement, negotiate waivers from contract
provisions. 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. |
|
EQUITY |
|
Student Funding |
• The pupil unit formula counts many students greater than one, which
changes the calculations and gives charters less funding (approximately
75 percent).
• The freeze on charter funding ended in 2010 and could give charters an
additional $2,000 per-pupil. However, freeze could be reinstated by newly
elected officials in 2011.
• Funds pass through the district.
"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." [NY CLS Educ § 2856.1] |
|
Facilities Funding |
None |
