N.Y. EDN. LAW § 2853 : NY Code - Section 2853: Charter school organization; oversight; facilities

Search N.Y. EDN. LAW § 2853 : NY Code - Section 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.
  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 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
  constitute 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
  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.  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
  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.
    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 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
  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.