Legal Compliance
A collection of resources for SUNY authorized charter schools to ensure compliance with all Federal and State law, rules, and regulations.
Guides and Templates

Applications and Admissions

Admissions processes for SUNY authorized charter schools must meet legal requirements of an open, non-discriminatory process.

Board Governance 

This guidance provides an overview of certain components of board governance and the key documents and policies a SUNY charter school’s board will be required to adopt and abide by.

Charter Revision

Child Abuse Reporting

This guidance provides an overview of school employees’ obligations as to reporting suspected child abuse and maltreatment in and out of an educational setting.

Closure Plan

SUNY has created a template outlining the required actions for schools facing closure.

Complaint Policy

Education corporations are required to prepare and implement policies to receive and handle complaints.  This guidance details the requirements of a complaint policy.

Fingerprinting Policies and Procedures

Charter school education corporations have an ongoing obligation to clear all employees, including independent contractors, prior to employment by means of a fingerprint-supported criminal background check through the New York State Education Department’s Office of School Personnel Review and Accountability.  This guidance details the policy requirements for conducting fingerprint-supported criminal background checks and provides related resources for education corporations.

Facilities

Guidance on the procedures regarding new, changing or expanding facilities.

Fiscal

Freedom of Information Law (FOIL)

The New York State Charter Schools Act and the charters of SUNY authorized charter schools require schools to comply with the Freedom of Information Law (FOIL) and New York Open Meetings Law.

Merging Education Corporations

Amendments to the New York Charter Schools Act of 1998 (as amended, the “Act”) in 2010, permit charter school education corporations to operate more than one charter school. Two or more existing education corporations may elect to merge into one education corporation with the authority to operate multiple charter schools pursuant to New York Education Law §§ 2852(7) and 2853(1)(b-1), and Article 9 of the New York Not-For Profit Corporation Law. Merger can benefit the schools involved by allowing common governance, common oversight, common financial accounting, shared educational programming and resources, and improved student access to the schools under the education corporation.

The following guidance discusses the documents and procedures necessary to prepare for merger of education corporations, the documents required and guidance as to operations after merger has become effective.

Open Meetings Law

The New York State Charter Schools Act and the charters of SUNY authorized charter schools require schools to comply with the Freedom of Information Law (FOIL) and New York Open Meetings Law.

Preopening

SUNY has outlined the prior action activities for new and stand alone charter schools preparing to open.

Resources & Information

Annual Report

The Annual Report is required by statute and governed by regulations promulgated by the State Education Department. Guidance is available through the New York State Education Department.

Charter Agreement

model of the standard SUNY charter agreement.

Confidentiality of Student Records

Two federal laws govern the confidentiality of students’ educational records: the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA). Both FERPA and IDEA apply to charter schools and district public schools. FERPA covers all education records of students enrolled in a charter school and the confidentiality provisions of IDEA apply to a subset of education records of students with disabilities.

New York Charter Schools Act

The New York State Charter Schools Act, as amended (January 2017) established charter schools in New York State.

Violent or Disruptive Incident Reporting Updates

SUNY published a memorandum on Violent or Disruptive Incident Reporting as of March 2018.