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. 12, March 20, 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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