Procedures for Public Hearings Concerning Charter Schools
NY-ADR
11/14/07 N.Y. St. Reg. EDU-32-07-00012-A
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 46
November 14, 2007
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-32-07-00012-A
Filing No. 1190
Filing Date. Oct. 29, 2007
Effective Date. Nov. 15, 2007
Procedures for Public Hearings Concerning Charter Schools
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 119.4 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 206 (not subdivided), 207 (not subdivided), 305(1), (2) and (20) and 2857(1); and L. 2006, ch. 57, part D-2, section 7
Subject:
Procedures for public hearings concerning charter schools pursuant to Education Law, section 2857(1).
Purpose:
To establish procedures for the conduct of public hearings by school district to solicit comments from the community in connection with the issuance, revision or renewal of a charter school's charter pursuant to Education Law, section 2857(1)
Text or summary was published
in the notice of proposed rule making, I.D. No. EDU-32-07-00012-P, Issue of August 8, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail: [email protected]
Assessment of Public Comment
A Notice of Proposed Rule Making was published in the State Register on August 8, 2007. The State Education Department received the following comment:
COMMENT:
One commenter expressed concerns about the hearing requirements in proposed section 119.4 and suggested that language be added to the regulation to ensure that an application for the formation, revision or renewal of a charter school and/or its charter not be delayed or denied should a hearing not be held.
DEPARTMENT RESPONSE:
No revision to the proposed regulation is necessary. The hearing requirements in section 119.4 are consistent with Education Law § 2857. The hearings required by Education Law § 2857 ought to be held in time to inform a charter entity regarding its decision to approve or deny an application for the formation of a new charter school and/or the renewal or revision of an existing charter school or charter. The process and timelines established by this regulation help to ensure that charter entities will be so informed.
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