New York Education Code § 2854

General requirements
Open in Lexace · Ask the AI about this section
§ 2854. General requirements. 1. Applicability of other laws. (a)\nNotwithstanding any provision of law to the contrary, to the extent that\nany provision of this article is inconsistent with any other state or\nlocal law, rule or regulation, the provisions of this article shall\ngovern and be controlling.\n  (b) A charter school shall meet the same health and safety, civil\nrights, and student assessment requirements applicable to other public\nschools, except as otherwise specifically provided in this article. A\ncharter school shall be exempt from all other state and local laws,\nrules, regulations or policies governing public or private schools,\nboards of education, school districts and political subdivisions,\nincluding those relating to school personnel and students, except as\nspecifically provided in the school's charter or in this article.\nNothing in this subdivision shall affect the requirements of compulsory\neducation of minors established by part one of article sixty-five of\nthis chapter.\n  (c) A charter school shall be subject to the financial audits, the\naudit procedures, and the audit requirements set forth in the charter,\nand shall be subject to audits of the comptroller of the city school\ndistrict of the city of New York for charter schools located in New York\ncity, and to the audits of the comptroller of the state of New York for\ncharter schools located in the rest of the state, at his or her\ndiscretion, with respect to the school's financial operations. Such\nprocedures and standards shall be consistent with generally accepted\naccounting and audit standards. Independent fiscal audits shall be\nrequired at least once annually.\n  (d) A charter school shall design its educational programs to meet or\nexceed the student performance standards adopted by the board of regents\nand the student performance standards contained in the charter. Students\nattending charter school shall be required to take regents examinations\nto the same extent such examinations are required of other public school\nstudents. A charter school offering instruction in the high school\ngrades may grant regents diplomas and local diplomas to the same extent\nas other public schools, and such other certificates and honors as are\nspecifically authorized by their charter, and in testimony thereof give\nsuitable certificates, honors and diplomas under its seal; and every\ncertificate and diploma so granted shall entitle the conferee to all\nprivileges and immunities which by usage or statute are allowed for\nsimilar diplomas of corresponding grade granted by any other public\nschool.\n  (e) A charter school shall be subject to the provisions of articles\nsix and seven of the public officers law.\n  (f) A charter school shall be subject to the provisions of sections\neight hundred, eight hundred one, eight hundred two, eight hundred\nthree, eight hundred four, eight hundred four-a, eight hundred five,\neight hundred five-a, eight hundred five-b and eight hundred six of the\ngeneral municipal law to the same extent such sections apply to school\ndistricts.\n  2. Admissions; enrollment; students.  (a) A charter school shall be\nnonsectarian in its programs, admission policies, employment practices,\nand all other operations and shall not charge tuition or fees; provided\nthat a charter school may require the payment of fees on the same basis\nand to the same extent as other public schools. A charter school shall\nnot discriminate against any student, employee or any other person on\nthe basis of ethnicity, national origin, gender, or disability or any\nother ground that would be unlawful if done by a school. Admission of\nstudents shall not be limited on the basis of intellectual ability,\nmeasures of achievement or aptitude, athletic ability, disability, race,\ncreed, gender, national origin, religion, or ancestry; provided,\nhowever, that nothing in this article shall be construed to prevent the\nestablishment of a single-sex charte

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.