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Charter Schools

Charter School Regulation 3.16

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 8. EDUCATION DEPARTMENT

CHAPTER I. RULES OF THE BOARD OF REGENTS PART 3. UNIVERSITY OF THE STATE OF NEW YORK; STATE EDUCATION DEPARTMENT

Section 3.16. Delegation of authority with respect to charter schools

Effective: March 27, 2024

(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 result in a total increase of more than 15% above the currently authorized enrollment or that result in the addition of 200 or more seats to the currently authorized enrollment, whichever is lesser, 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.

Credits
Sec. filed: May 28, 2002 as emergency measure; July 23, 2002 eff. Aug. 8, 2002; amended July 31, 2007 as emergency measure eff. July 31, 2007, expired Oct. 28, 2007; emergency rulemaking eff. Oct. 29, 2007; expired Dec. 27, 2007; Oct. 29, 2007 eff. Nov. 15, 2007; amds. filed Sept. 21, 2010 eff. Oct. 6, 2010; emergency rulemaking eff. May 22, 2012, expired Aug. 19, 2012; emergency rulemaking eff. Aug. 21, 2012, expired; amd. filed Sept. 11, 2012 eff. Sept. 26, 2012; amd. filed March 12, 2024 eff. March 27, 2024 (Register dated March 27, 2024).

Current with amendments included in the New York State Register, Volume XLVI, Issue 53, dated December 31, 2024. Some sections may be more current, see credits for details. N.Y. Comp. Codes R. & Regs. tit. 8, § 3.16, 8 NY ADC 3.16

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Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial, and are presented for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are current, complete and accurate. These regulations are subject to change on a regular basis. Readers are advised to consult Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.