§ 2852. Issuance of charter. 1. A charter entity that receives an\napplication for approval of a charter school shall act on each request\nreceived prior to July first of a calendar year on or before January\nfirst of the succeeding calendar year, and a proposed charter between\nthe applicant and the charter entity resulting from such application\nshall be executed on or before February first of such succeeding year.\nNothing in this subdivision shall be construed to prevent a charter\nentity from receiving or acting upon an application at any time. This\nsubdivision shall not apply to applications that are submitted pursuant\nto subdivision nine-a of this section.\n 2. An application for a charter school shall not be approved unless\nthe charter entity finds that:\n (a) the charter school described in the application meets the\nrequirements set out in this article and all other applicable laws,\nrules and regulations;\n (b) the applicant can demonstrate the ability to operate the school in\nan educationally and fiscally sound manner;\n (c) granting the application is likely to improve student learning and\nachievement and materially further the purposes set out in subdivision\ntwo of section twenty-eight hundred fifty of this article;\n (d) in a school district where the total enrollment of resident\nstudents attending charter schools in the base year is greater than five\npercent of the total public school enrollment of the school district in\nthe base year (i) granting the application would have a significant\neducational benefit to the students expected to attend the proposed\ncharter school or (ii) the school district in which the charter school\nwill be located consents to such application; and\n (e) for applicants for an initial charter pursuant to paragraph (b-1)\nof subdivision nine of this section in a school district located in a\ncity with a population of one million or more, the total enrollment of\nstudents attending charter schools within the community district in\nwhich the charter school will be located in the base year is less than\nor equal to fifty-five percent of the total public school enrollment\nattending within such community district in the base year.\n In reviewing applications, the charter entity is encouraged to give\npreference to applications that demonstrate the capability to provide\ncomprehensive learning experiences to students identified by the\napplicants as at risk of academic failure.\n 3. A charter entity is not required to approve a charter and may\nrequire an applicant to modify or supplement an application as a\ncondition of approval. An existing private school shall not be eligible\nto convert to a charter school. In determining whether an application\ninvolves the conversion of an existing private school, the charter\nentity and the board of regents shall consider such factors as: (a)\nwhether the charter school would have the same or substantially the same\nboard of trustees and/or officers as an existing private school; (b)\nwhether a substantial proportion of employees of the charter school\nwould be drawn from such existing private school; (c) whether a\nsubstantial portion of the assets and property of such existing private\nschool would be transferred to the charter school; (d) whether the\ncharter school would be located at the same site as such existing\nprivate school; (e) upon renewal only, whether such private school\nclosed within one year of establishment of the charter school; and (f)\nupon renewal only, whether a substantial portion of the charter school's\nstudents were drawn from such existing private school.\n 4. Each individual applicant seeking to establish a charter school\nshall submit a full set of fingerprints to the charter entity for the\npurpose of obtaining a state and federal criminal records check. The\ndivision of criminal justice services is authorized to provide this\ninformation to the federal bureau of investigation and to perform a\nstate
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