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

Current through Register Vol. 44, No. 38, September 21, 2022

(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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