View
218
Download
0
Embed Size (px)
Citation preview
8/8/2019 Charter School Siting in a New York City Department of Education Building
1/7
1
Charter School Siting in a New York City Department of Education Building:
An Overview of the Process
Siting, co-locating or growing a charter school in a DOE building is governed by a number of different
legal provisions and involves a complex process. Much of that process is the responsibility of DOE.
Nonetheless, charter schools planning on locating inside a DOE building need to understand this siting
process, the timing, and how it will impact them.
This memo is technical in nature. It is not meant to address two key issues that are just as important
as the legal process: First, the way in which charter school teams can engage the community in order,
ideally, to have community boards, residents and lawmakers welcome the charter school into a
district building. Second, where community engagement is not successful, ways to activate a charter
schools supporters (particularly its parents) to ensure that their side of the story is heard and taken
into account during the process. The Charter Center and its partners work with schools to assist them
with these two issues.
8/8/2019 Charter School Siting in a New York City Department of Education Building
2/7
2
THE SITING PROCESS FOR NEW LOCATIONS AND CO-LOCATIONS1
Process Step Description
1. Public identification of districtbuildings subject to possible charter
school location or co-location
DOE publishes list of all district buildings that are candidates forcharter school location or co-location
2. Educational Impact Statements DOE creates and disseminates Educational Impact Statements
describing the proposed school utilization changes and the impact
they are expected to have
3. Building Usage Plans DOE creates Building Usage Plans to be included with the Educational
Impact Statements, which describe the proposed allocation and
sharing of space
4. Jointpublic hearings at affected
schools
30 to 45 days after posting the Educational Impact Statements, the
DOE holds a joint public hearing with the community education council
and the school leadership team(s) of the affected school(s)5. Charter school authorizer siting
hearings
The charter schools authorizer holds a public meeting for parents and
guardians from the school that is affected by the proposed charter
school siting (which may or may not be separate from the joint
hearing)
6. Public comments and the Panel for
Educational Policy vote
The Panel for Educational Policy votes on all new locations and co-
locations after the Educational Impact Statements has been posted on
its website and public comment compiled
7. Possible appeal to the Commissioner It is possible to appeal the decision to locate a charter school in a
public school building to the Commissioner through an expedited
appeal process
8. Shared Space Committee A Shared Space Committee is established, comprised of the principal, ateacher, and a parent from each co-located school
9. Capital improvements A charter school seeking to make any capital improvement or facility
upgrade to a public school costing more than $5,000 must receive
DOEs approval and matching funds must be spent on any other DOE
school in the building
10. Space Planning and Building
Councils
After the Panel for Educational Policy approval, the schools building
council meets with the DOEs Office of Space Planning to assign
specific rooms to each school and finalize the shared space plan
11. Expansion of a School that is Already
Co-located
A charter school already co-located in a public school space, but
seeking to expand beyond its original allocated space is subject to a
siting process
1We do not include in the siting process the separate requirement that DOE hold a hearing prior to the issuance, revision
or renewal of a charter. See Education Law 2857(1). This hearing is generally before the Community Education Council
of the Community School District in which the school is located or intends to locate. It is separate and apart from the joint
public hearing that is specifically devoted to siting a school in public school space (which is discussed in this memo) and
applies to a much broader array of situations by its terms. For new schools, this hearing would precede issuance of a
charter. While this hearing is not included in the siting process, it is important to note that where a new school is
planning on locating in public school space, this hearing will naturally involve this issue and could be contentious.
8/8/2019 Charter School Siting in a New York City Department of Education Building
3/7
3
1. PUBLIC IDENTIFICATION OF DISTRICT BUILDINGS SUBJECT TO CHARTER SCHOOL LOCATION OR CO-
LOCATION
The first step that DOE must undertake prior to selecting a school building for a charter school siting
is to publish a list of all buildings that are candidates for such siting. DOE must provide the rationale
for why buildings have been chosen for possible charter school location or co-location. The master list
must be posted on the Panel for Educational Policys website and also given to the community
superintendent, community district education council and the school-based management team of
every school on the list. We expect DOE to publish this list in the fall.
2. EDUCATIONAL IMPACT STATEMENT AND ITS DISSEMINATION
Once DOE chooses a building off of the master list for an actual proposed co-location, it must createand disseminate an Educational Impact Statement. An Educational Impact Statement must be
created for all significant changes in building utilizations (including charter school locations and co-
locations). The Educational Impact Statement must lay out the proposed school utilization change
and describe the impact the change would have.2
It must be publicly posted on the DOEs website
and in the affected school building no later than 6 months before the first day of school (according to
the Department of Education calendar, i.e., the first day of school for the non-charter school) in the
succeeding year, or by roughly March 1. This means that the DOE cannot propose any new facility
usage plans after this date for the next school year. A Building Usage Plan (see below) must be
attached as an addendum to any Educational Impact Statement involving the location or the co-
location of a charter school with another public school.
3
The Educational Impact Statement needs to be circulated to the community superintendent,
community education council, community board and school-based management team(s), and, as set
forth by the Chancellors Regulation A-190, the Citywide Council on High Schools, the Citywide
Council on English Language Learners, the Citywide Council on Special Education and/or the District
75 Council, as applicable. The community superintendent, as well as the High School Superintendent
or D75 superintendant where applicable, will be responsible for informing parents of the proposed
school utilization change, of where they can find the Educational Impact Statement, and of the date
and location of the joint public hearing on the proposal. A copy of the statement must also be posted
on the Panel for Educational Policy website at least 45 days before its vote.
2See 2590-h(2-a) of the Education Law and the Chancellors Regulation A-190 for more information on the contents of
an Educational Impact Statement. In a recent court case involving Educational Impact Statements created in spring 2010,
an appellate court ruled that the Educational Impact Statements must address with some specificity the impact of the
change in utilization. A copy of the decision can be found at
http://www.nycourts.gov/reporter/3dseries/2010/2010_05863.htm
3The law provides a process for revising the Building Usage Plan and Educational Impact Statement, details on which may
be found in the Chancellors Regulation A-190; 2590-h(2-a)(d-1) of the Education Law; and 2853(3)(a-3)(4). Revisions to
the Building Usage Plan must be approved by the Panel for Educational Policy prior to implementation.
8/8/2019 Charter School Siting in a New York City Department of Education Building
4/7
4
After receiving public comment, the Chancellor may choose to revise the proposed school utilization
change, and prepare a revised Educational Impact Statement. The revised statement is subject to the
same publishing and filing requirements as the original. A joint public hearing must be held at least15 days after the filing of the Educational Impact Statement.
3. BUILDING USAGE PLAN
When dealing with the location or co-location of a charter school in a DOE facility, which houses one
or more non-charter schools, the DOE must also create a space sharing plan that is known as the
Building Usage Plan. The law requires the Building Usage Plan to include and address:
o Actual allocation and sharing of classroom and administrative space between the schoolso
Proposal for collaborative usage of shared resources and spaces, including cafeterias, libraries,gymnasiums and recreational spaces
o Justification of the feasibility of the proposed allocationso Building safety and securityo Communication and collaborative decision-making strategies to be used by the co-located
schools
The allocations for classroom and administrative space will be made pursuant to the Citywide
Instructional Footprint4
that DOE uses in all co-location decisions (charter and non-charter). As stated
above, the Building Usage Plan becomes part of the Educational Impact Statement and both it and
the Educational Impact Statement must be posted at least 45 days prior to the Panel for Educational
Policy vote. The template for the Building Usage Plan can be found as an appendix to the ChancellorsRegulation A-190.
4. JOINT PUBLIC HEARINGS
Between 30 to 45 days after the Educational Impact Statement is publicly posted, the DOE must hold
a joint public hearing with the community education council and the school leadership team(s) of the
affected school(s). Notice must be specifically given to parents, students, the community board, and
the districts elected state and local officials. The Citywide Council on English Language Learners and
the Citywide Council on Special Education should be invited to the hearing as well as the Citywide
Council on High Schools and the District 75 Council, where applicable. Prior to the filing of theEducational Impact Statement, the Chancellors office will communicate with all concerned parties
who are to be invited to the joint public hearing to propose possible times and dates for the hearing,
allowing them to indicate availability and propose alternative dates as set forth in the Chancellors
Regulation A-190. The agenda for the hearing must also be set in accordance with the Chancellors
Regulation A-190. This meeting must take place before the Panel for Education Policy can vote on the
4DOE Instructional footprint can be found at http://schools.nyc.gov/NR/rdonlyres/682FC26A-6B81-476A-BD6A-
333CBBDC7BB3/44569/NYCDOE_Instructional_Footprint1.pdf
8/8/2019 Charter School Siting in a New York City Department of Education Building
5/7
5
proposed siting. In general, the DOE will ask the charter school leadership team to present at this
hearing. The charter school is well-advised to have parents and other supporters attend this hearing.
5. CHARTER SCHOOL AUTHORIZER SITING HEARINGS
In addition to the joint public hearing, a charter schools authorizer must also hold a public hearing
before a NYC charter school goes into public space. The meeting notice must be sent to the parents
or guardians of students at the affected school(s) and parents must be given the opportunity to
comment at the meeting. At this time, it is unclear whether SED and SUNY will hold these hearings
separately or concurrently with the joint public hearing that is described above.
6. PUBLIC COMMENTS AND THE PANEL FOR EDUCATIONAL POLICY VOTE
The Panel for Educational Policy must vote on all new locations and co-locations (as well as othersignificant changes to building utilization). As above, the Educational Impact Statement (containing
the Building Usage Plan) must have been posted and disseminated at least 45 days prior to a Panel
vote and the Panel for Educational Policy must provide notice of its intent to take up the matter. The
DOE must also post the Educational Impact Statement on its website for public comment and compile
the public comment it has received prior to the vote. Notice of the upcoming vote must be circulated
to the community superintendent, the community education council, the community board, and all
school-based management team(s). If the Chancellors proposal is substantially revised resulting in a
revised Educational Impact Statement, the Panel for Educational Policy must issue a revised public
notice at least 15 days before a Panel vote in accordance with the Chancellors Regulation A-190.
After the public comment period has ended, the Panel for Educational Policy will post on the DOE
website an assessment of all public comments received prior to 24 hours before the Panel for
Educational Policy meeting. The vote needs to take place at one of the Panel for Educational Policys
regular monthly public meetings. No approved school building utilization changes (including
locations and co-locations) can take place until the school year has ended.
7. POSSIBLE APPEAL TO THE COMMISSIONER
The decision to locate a charter school in a public school building and the implementation and
compliance with the Building Usage Plan may be appealed to the State Education Commissioner after
such decision and plan have been approved by the Panel for Educational Policy. The appeal is meant
to be expedited with DOE being required to respond within 10 days of the appeal being brought, andthe Commissioner being required to render a decision within 10 days of receiving DOEs response.
8. SHARED SPACE COMMITTEE
A shared space committee must be established in each public school building in which one or more
charter schools are co-located with one or more non-charter public schools or a D75 school
organization with more than three classrooms in the building. The shared space committee shall be
8/8/2019 Charter School Siting in a New York City Department of Education Building
6/7
6
comprised of the principal, a teacher, and a parent from each co-located school or eligible D75 school
organization. With respect to a non-charter schools teacher and parent members, such shared space
committee members shall be selected by the corresponding constituent member of the SLT at that
school. With respect to charter schools whose location or co-location in a public school building wasapproved by the Panel for Educational Policy after the effective date of the Amended Charter School
Act (i.e., May 28, 2010), the shared space committee shall review implementation of the Building
Usage Plan developed by the Chancellor and approved by the Panel for Educational Policy. With
respect to charter schools that were approved to be located or co-located in a public school building
prior to the effective date of the Amended Charter School Act, the shared space committee shall
review implementation of the current building space plan in place at those buildings.
The Shared Space Committee is separate and apart from the regular building council meetings which
only the principals/operational leaders of the co-located schools may attend.
9. CAPITAL IMPROVEMENTS
Any proposed capital improvement or facility upgrade to a public school space by a charter school
which would cost more than $5,000, must now be submitted for approval to DOE prior to that
improvement or upgrade being made, regardless of the charter schools source of funding. The DOE
will review each application for an improvement or upgrade and determine if approval is appropriate.
Where a capital improvement or facility upgrade is approved by the Chancellor, an equal amount of
funds must be made available to each of the co-located schools in the building for improvements and
upgrades. The law does not specify the source of funds. Matching capital improvements or facility
upgrades must be made to each non-charter public school in the building within three months of the
charter schools improvements or upgrades. Pursuant to the Chancellors Regulation A-190, the DOEreview process is triggered by the submission of a project request form that must be submitted to the
Division of Operations at the DOE no later than 15 business days prior to the proposed
commencement date of the project. Contact the Office of Space Planning at
[email protected] for more information.
10. SPACE PLANNING AND BUILDING COUNCILS
Once an Educational Impact Statement is approved by the Panel for Educational Policy, the schools
building council shall meet with the DOEs Office of Space Planning to assign specific rooms to each
school and finalize the shared space plan. Please see the Campus Policy Memo and Procedures formore detail on the establishment and duties of the building council.
11. EXPANSION OF A SCHOOL THAT IS ALREADY CO-LOCATED
A charter school that is already co-located in a public school space, but seeks to expand beyond the
space which DOE originally planned to allocate to it, will trigger the siting provisions laid out above
and DOE will treat this as a new co-location. As such, the DOE must file an Educational Impact
8/8/2019 Charter School Siting in a New York City Department of Education Building
7/7
7
Statement, create a Building Usage Plan, hold a joint hearing and get approval of the Panel for
Educational Policy through a formal vote.5
Possible Timeline for Charter School Sitings
Set Oct Nov Dec Jan
DOE identifies
buildings slated for
charter school co-
location
DOE creates Building
Usage Plans and
Educational Impact
Statements
Public hearings areheld at affected
schools
Comments are
solicited for the Panel
for Educational Policy
vote
School siting decision
voted on by the Panel
for Educational Policy
5Expansion of the school may also trigger the need for the DOE to conduct a charter revision hearing. See footnote 1.