Compliance Resources

There are hundreds of laws, rules and regulations on the state and federal level (and a few local) that affect charter schools.  All of these are required charter obligations (see Paragraph 7.1 of Charter Agreement).  The SUNY Charter Schools Institute largely monitors direct provisions of the Charter Schools Act, Article 56 of the Education Law, the promises made in the Charter and key elements of federal law. 

Key areas of focus are noted in the Quick Legal Reference Guide at the bottom of this page. In addition, more detailed guidance is available on the following topics:
   
 
Overview
Accountability Plans & Progress Reports
Compliance Resources
Fiscal Operations Resources
Grant Opportunities
Institute School Visits
Renewal
School Performance
 
   
  • New York Charter Schools Act of 1998

5/1/07, Important Note:


While you may know that one of the very positive outcomes of this year’s New York State budget process was a state-wide lift of the cap on new charter schools, you may not be aware that the budget legislation also made modifications to the New York Charter Schools Act of 1998 that have a significant impact on the operation of existing charter schools as well as on those who seek to apply for a new charter.

Please see the May 2007 memo from Institute Senior Vice President Jennifer G. Sneed regarding recent Changes to the New York Charter Schools Act Affect Existing Charter Schools

View the New York Charter Schools Act of 1998, including the changes made on April 1, 2007.

Do you want to see specifically what changes were made? This version of the document tracks the changes.

SUNY Charter Schools Institute Quick Legal Reference Guide

Subject

State Law

Federal Law

Charter Reference

Enrollment

Education Law
§ 2851(2)(i)

 

Paragraph 2.2

Grades Served

Ed. Law § 2851(2)(i)

 

Paragraph 2.2

Teacher Certification

Ed. Law § 2854(3)(a-1)

 

Paragraph 4.3

No Child Left Behind Act (NCLB) Highly Qualified Teachers

 

20 U.S.C. § 6319
NCLB § 1119;

20 U.S.C. § 7801(23) (definition)

Paragraph 4.3

Freedom of Information Law (FOIL)

Public Officers Law Article 6, § 84 et seq.;
Ed. Law § 2854(1)(e)

 

Paragraph 7.3

Open Meetings Law

POL Article 7, § 100 et seq.; 
Ed. Law § 2854(1)(e)

 

Paragraph 7.3

Family Educational Rights and Privacy Act (FERPA)

 

20 U.S.C. §1232(g);
34 C.F.R. Part 99

 

School Board Minutes

POL § 106

 

Monitoring Plan

Governance
Board Members (No., names, quorum)

By-laws compliance

RFIs for prospective trustees

 

Ed. Law § 226(1)

Not-For-Profit Corporation Law § 602(f)

 

 

Paragraphs 2.10, 2.11

Paragraph 2.10

Paragraph 2.11

Admissions
Policies / Preferences

Lotteries

Wait Lists

Discrimination

Ed. Law § 2854(2)

 

Paragraph 2.3

Fingerprinting / Background Checks

Ed. Law § 2854(3)(a-2)

Ed. Law § 2854(3)(a-3)

 

Paragraph 4.5

Facilities Issues / Certificate of Occupancy

Ed. Law §§ 2851(2)(j), 2853(3)(a)

 

Prior Action Checklist;
Paragraphs 2.17, 2.18

School Calendar
Hours of instruction and School Days

Ed. Law § 2851(2)(n)

8 N.Y.C.R.R. §§ 175.5(a)(2), (3) (to determine minimum instructional time)

 

 

Provision of Special Education (deficiencies)

 

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.;
34 C.F.R. Part 300

Paragraph 3.1

Additional Assurance and Terms (if applicable)

 

 

Exhibit D

NCLB School Improvement Provisions

 

20 U.S.C. § 6316;
NCLB § 1116