N.Y. Comp. Codes R. & Regs. tit. 8 § 3.16

Current through Register Vol. 46, No. 50, December 11, 2024

Section 3.16 - Delegation of authority with respect to charter schools

(a) Complaints against charter schools. The Board of Regents delegates to the Commissioner of Education the authority to receive, investigate and respond to complaints presented to the Board of Regents pursuant to Education Law section 2855(4), the authority to issue appropriate remedial orders pursuant to Education Law section 2855(4), and the authority to place a charter school on probationary status and to develop and impose a remedial action plan pursuant to Education Law section 2855(3).

(b) Hearings. The Board of Regents delegates to the Commissioner of Education the authority to conduct and hold public hearings as required pursuant to article 56 of the Education Law to solicit comments from the community including, but not limited to, hearings in connection with the issuance, revision or renewal of a charter pursuant to Education Law section 2857(1-a) and hearings to discuss the location of a charter school pursuant to Education Law section 2853(3)(a).

(c) Charter revisions.

(1) The Board of Regents delegates the Commissioner of Education the authority to approve, on behalf of the Board of Regents, proposed revisions of a charter pursuant to Education Law section 2852(7), except for proposed revisions relating to:

(i) key school design changes that are inconsistent with that approved in the current charter;

(ii) location, if such revision results in relocation to another school district, or in the case of the city school district of the city of New York, if such revision results in relocation to another borough;

(iii) changes in maximum enrollment that results in a total increase of more than 15% above currently authorized enrollment, and any enrollment decrease, as set forth in the current charter during the charter term; and/or

(iv) grades served, as set forth in the current charter.

(2) Notwithstanding the provisions of paragraph (1) of this subdivision, revisions relating to subparagraphs (1)(i) through (iii) of this subdivision that are determined by the commissioner not to be significant may be approved by the commissioner pursuant to this delegation of authority.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 3.16

Amended New York State Register March 27, 2024/Volume XLVI, Issue 13, eff. 3/27/2024