N.Y. Comp. Codes R. & Regs. tit. 8 § 119.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 119.4 - Hearings prior to the issuance, revision, or renewal of a charter school pursuant to Education Law section 2857(1)

(a) Within 30 days of initially receiving notice of the receipt of an application for the formation of a new charter school, of an application for the renewal of an existing charter school, or of a charter school's request to revise its existing charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the foregoing. Such hearing shall be held within the community potentially impacted by the proposed action or charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing within such 30-day period. The school district shall, at the time of its dissemination, provide the State Education Department with a copy of the public hearing notice. The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing. In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within 15 business days of the hearing.

(b) Notwithstanding subdivision (a) of this section due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, any public hearing required to be conducted on or after the effective date of this subdivision during the 2020 calendar year shall be conducted by September 30, 2020 or within the 30 day period described in subdivision (a) of this section, whichever is later. Provided, further, that such public hearings may be held remotely by telephone conference, video conference, and/or other similar service, and that public comments shall be solicited and accepted either electronically or by mail. In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within 15 business days of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 119.4

Amended New York State Register September 30, 2020/Volume XLII, Issue 39, eff. 9/30/2020