New York Education Code § 2851

Eligible applicants; applications; submission
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§ 2851. Eligible applicants; applications; submission. 1. An\napplication to establish a charter school may be submitted by teachers,\nparents, school administrators, community residents or any combination\nthereof.  Such application may be filed in conjunction with a college,\nuniversity, museum, educational institution, not-for-profit corporation\nexempt from taxation under paragraph 3 of subsection (c) of section 501\nof the internal revenue code or for-profit business or corporate entity\nauthorized to do business in New York state. Provided however,\nfor-profit business or corporate entities shall not be eligible to\nsubmit an application to establish a charter school pursuant to\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\narticle, or operate or manage a charter school for a charter issued\npursuant to subdivision nine-a of section twenty-eight hundred fifty-two\nof this article. For charter schools established in conjunction with a\nfor-profit business or corporate entity, the charter shall specify the\nextent of the entity's participation in the management and operation of\nthe school.\n  2. The information provided on the application shall be consistent\nwith the provisions of this article and other applicable laws, rules and\nregulations. Such information shall include:\n  (a) A mission statement for the school and a description of an\neducational program that implements one or more of the purposes\ndescribed in subdivision two of section twenty-eight hundred fifty of\nthis article.\n  (b) A description of student achievement goals for the school's\neducational program and the chosen methods of evaluating that students\nhave attained the skills and knowledge specified for those goals. Such\neducational program shall meet or exceed the student performance\nstandards adopted by the board of regents for other public schools.\n  (c) The proposed governance structure of the school, including a list\nof members of the initial board of trustees, a description of the\nqualifications, terms and method of appointment or election of trustees,\nthe organizational structure of the school, a procedure for conducting\nand publicizing monthly board of trustee meetings at each charter\nschool, and the processes to be followed by the school to promote\nparental and staff involvement in school governance.\n  (d) Admission policies and procedures for the school, which shall be\nconsistent with the requirements of subdivision two of section\ntwenty-eight hundred fifty-four of this article.\n  (e) A proposed budget and fiscal plan for the school, including\nsupporting evidence that the fiscal plan is sound and that sufficient\nstart-up funds will be available to the charter school.\n  (f) Requirements and procedures for programmatic and independent\nfiscal audits at least once annually, with such audits being comparable\nin scope to those required of other public schools.\n  (g) The hiring and personnel policies and procedures of the school,\nincluding the qualifications to be used in the hiring of teachers,\nschool administrators and other school employees, and a description of\nstaff responsibilities.\n  (h) The rules and procedures by which students may be disciplined,\nincluding but not limited to expulsion or suspension from the school,\nwhich shall be consistent with the requirements of due process and with\nfederal laws and regulations governing the placement of students with\ndisabilities.\n  (i) The number of students to be served by the school, which number\nshall be at least fifty at a single site and the minimum number of\nteachers to be employed at the school, which shall be at least three.\nProvided, however, that a charter school may serve fewer than fifty\nstudents or employ fewer than three teachers in the school's first year\nof operation or if the applicant presents a compelling justification,\nsuch as the school would serve a geographically remote region.\n  (j) Information regarding the facil

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