[complete report]

LAW

Year Passed

1998; last amended in 2007.

Rank

9th strongest of the nation's 40 charter laws.

Grade

B

GENERAL DATA

• Charter cap denies tens of thousands on waiting lists

• Union-forced rules dominate some aspects of charter contracts

MULTIPLE AUTHORIZERS - YES (3)

Approval

School boards (conversions only by 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. 200 new starts, and 50 are reserved for New York City and may be approved by any of the three authorizers. No cap on conversion schools.

OPERATIONAL AUTONOMY

State

Yes. Blanket waiver from most public school rules and regulations. Virtual schools are not allowed. Management contracts with ESPs are not restricted.

Local

Limited. Districts like NYC impose many local rules and regulations.

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).

• Funds pass through the district.

• Average per pupil revenue - $10,209

"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