New York

NCAI Region: Northeast

Total Population: 12,740,974

Native American Population: 221,058

Percentage of population: 1.7%

Number of Tribes: 8

State Public Education Department: New York State Education Department

State Average Per Pupil Funding: $18,665

Charter Support Organizations: Northeast Charter School Network

Year Charter Law Enacted: 1998

2020 Model Law Ranking: 18

Estimated Number of Charter Schools: 311

Estimated Number of Charter Students: 147,345

New York law requires that the New York City School District provide charter schools that first commence instruction or that require additional space due to an expansion of grade level approved by their authorizer for the 2014-15 school year or thereafter and request co-location in a public school building one of two options:
* Offer at no cost to the charter school a co-location site in a public school building
* Offer the charter school space in a privately owned or other publicly owned facility at the expense of the school district and at no cost to the charter school. The space must be reasonable, appropriate and comparable and in the community school district to be served by the charter school and otherwise in reasonable proximity.
The law gives the charter school the option of appealing the school district’s offer or failure to offer a co-location site through binding arbitration, appeal to the state court, or via an expedited appeal to the state commissioner of education. If the appeal results in a determination in favor of the school district, the school district’s offer shall be final and the charter school may either accept such offer or locate in another site at the charter school’s expense.
For a new charter school whose charter is granted or for an existing charter school whose expansion of grade level is approved by their authorizer, if the appeal results in a determination in favor of the charter school, the school district shall pay the charter school an amount attributable to the grade level expansion or the formation of the new charter school that is equal to the lesser of:
* the actual rental cost of an alternative privately owned site selected by the charter school or
* 30% of the product of the charter school’s basic tuition for the current school year and (i) for a new charter school that first commences instruction on or after July 1, 2014, the charter school’s current year enrollment; or (ii) for a charter school which expands its grade level, the positive difference of the charter school’s enrollment in the current school year minus the charter school’s enrollment in the school year prior to the first year of the expansion. This percentage equate to roughly $4,500 per pupil.
New York law provides a charter schools stimulus fund, which provides discretionary financial support to charter schools for start-up costs and for costs associated with the acquisition, renovation, and construction of school facilities. $2 million was made available for 2018-19 applicants in awards up to $200,000 each, with schools having received over $350,000 in previous awards not eligible.
Statute provides that the New York City Schools Chancellor must identify and publish which public school buildings are subject to location or co-location of charter schools. The law requires the Chancellor to develop a building usage plan that defines the allocation of classroom and administrative space between the charter and non-charter schools and the collaborative usage of shared resources and spaces. The law requires such allocations to result in an equitable and comparable use of public school buildings between charter and non-charter schools, including equity in any funding received for facility upgrades in excess of $5,000.
The law provides that a school district shall permit any charter school granted approval to co-locate, to use such services and facilities without cost.
New York law defines charter schools as public agents that are eligible to obtain tax-exempt financing through various local industrial development agencies.
Charter schools in New York City have access to tax-exempt financing through the Build NYC Resource Corporation to construct, renovate, or equip facilities.