New York Codes, Rules and Regulations
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 3.17 - Procedures for the conduct of charter school revocation proceedings
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 3.17
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A revocation proceeding initiated by the Board of Regents under Education Law, section 2855 shall be conducted as follows:
(1) Notice of
intent to revoke a charter shall be provided to the board of trustees of the
charter school at least 30 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 30 days to correct the
problems associated with the proposed revocation.
(2) The charter school shall be provided the
opportunity to submit a written response to the notice of intent to revoke.
Such response may include supporting affidavits, exhibits and other documentary
evidence and may present legal argument.
(3) The charter school shall, upon request,
be provided an opportunity for oral argument before a panel of the Board of
Regents consisting of at least three Regents designated by the chancellor or
the Board of Regents.
(4) After its
consideration of the written response and of any oral argument held, the
designated Regents panel shall make a recommendation to the full Board of
Regents as to whether the charter should be revoked. Such recommendation may
include, in lieu of revocation, the placement of the charter school on
probationary status pursuant to Education Law, section 2855(3) and the
imposition of a remedial action plan, or such other action as the panel deems
appropriate.
(5) The Board of
Regents may accept or reject, in whole or in part, the recommendation of the
designated Regents panel and the decision of the Board of Regents shall be
final. The order of the Board of Regents revoking the charter shall also revoke
the certificate of incorporation of the charter school.
(b) The procedures set forth in subdivision (a) of this section shall not apply to the following:
(1) Education Law, section 2855 revocation
proceedings commenced by charter entities other than the Board of Regents;
and
(2) the revocation of a charter
school's certificate of incorporation by the Board of Regents pursuant to
Education Law, section 2853(1) subsequent to the revocation of a charter
school's charter by a charter entity other than the Board of Regents.
(c) Upon receipt of an order of another charter entity revoking the charter of a charter school, the Board of Regents shall proceed to revoke the certificate of incorporation of such charter school pursuant to Education Law, sections 219 and 2853(1).
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