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This entry was published on 2014-09-22
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SECTION 2855
Causes for revocation or termination
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 56
§ 2855. Causes for revocation or termination. 1. The charter entity,
or the board of regents, may terminate a charter upon any of the
following grounds:

(a) When a charter school's outcome on student assessment measures
adopted by the board of regents falls below the level that would allow
the commissioner to revoke the registration of another public school,
and student achievement on such measures has not shown improvement over
the preceding three school years;

(b) Serious violations of law;

(c) Material and substantial violation of the charter, including
fiscal mismanagement;

(d) When the public employment relations board makes a determination
that the charter school demonstrates a practice and pattern of egregious
and intentional violations of subdivision one of section two hundred
nine-a of the civil service law involving interference with or
discrimination against employee rights under article fourteen of the
civil service law; or

(e) Repeated failure to comply with the requirement to meet or exceed
enrollment and retention targets of students with disabilities, English
language learners, and students who are eligible applicants for the free
and reduced price lunch program pursuant to targets established by the
board of regents or the board of trustees of the state university of New
York, as applicable. Provided, however, if no grounds for terminating a
charter are established pursuant to this section other than pursuant to
this paragraph, and the charter school demonstrates that it has made
extensive efforts to recruit and retain such students, including
outreach to parents and families in the surrounding communities, widely
publicizing the lottery for such school, and efforts to academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter.

2. Notice of intent to revoke a charter shall be provided to the board
of trustees of a charter school at least thirty days prior to the
effective date of the proposed revocation. Such notice shall include a
statement of reasons for the proposed revocation. The charter school
shall be allowed at least thirty days to correct the problems associated
with the proposed revocation. Prior to revocation of the charter, a
charter school shall be provided an opportunity to be heard, consistent
with the requirements of due process. Upon the termination of a charter,
the charter school shall proceed with dissolution pursuant to the
procedures of the charter and direction of the charter entity and the
board of regents.

3. In addition to the provisions of subdivision two of this section,
the charter entity or the board of regents may place a charter school
falling within the provisions of subdivision one of this section on
probationary status to allow the implementation of a remedial action
plan. The failure of a charter school to comply with the terms and
conditions of a remedial action plan may result in summary revocation of
the school's charter.

4. Any individual or group may bring a complaint to the board of
trustees of a charter school alleging a violation of the provisions of
this article, the charter, or any other provision of law relating to the
management or operation of the charter school. If, after presentation of
the complaint to the board of trustees of a charter school, the
individual or group determines that such board has not adequately
addressed the complaint, they may present that complaint to the charter
entity, which shall investigate and respond. If, after presentation of
the complaint to the charter entity, the individual or group determines
that the charter entity has not adequately addressed the complaint, they
may present that complaint to the board of regents, which shall
investigate and respond. The charter entity and the board of regents
shall have the power and the duty to issue appropriate remedial orders
to charter schools under their jurisdiction to effectuate the provisions
of this section.

5. The regulatory power of the board of regents and the commissioner
shall not extend to charter schools except as otherwise specifically
provided in this article.