Charter schools in New York

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Education policy in the U.S.

Public education in the U.S.

School choice in the U.S.

Charter schools in the U.S.

Higher education in the U.S.

Glossary of education terms

Education statistics

Charter schools in New York are public schools operated independently of public school systems, either by nonprofit or for-profit organizations. Although they are largely publicly funded, charter schools are exempt from many of the requirements imposed by state and local boards of education regarding hiring and curriculum. As public schools, charter schools cannot charge tuition or impose special entrance requirements; students are usually admitted through a lottery process if demand exceeds the number of spaces available in a school. Charter schools generally receive a percentage of the per-pupil funds from the state and local school districts for operational costs based on enrollment. In most states, charter schools do not receive funds for facilities or start-up costs; therefore, they must rely to some extent on private donations. The federal government also provides revenues through special grants. As of March 2017, 44 states and the District of Columbia had approved legislation authorizing the creation of public charter schools. Six states had not.

HIGHLIGHTS

According to the National Alliance for Public Charter Schools, a charter school advocacy group, there were an estimated 257 total charter schools in New York in the 2015-2016 school year. These schools enrolled approximately 125,800 students.

Overall, charter school students accounted for 4.66 percent of total public school enrollment in New York in 2015.

The New York State Legislature approved the state's charter school law in 1998.

Background

History

The New York State Legislature approved New York's charter school law in 1998.

The concept of creating public charter schools as alternatives to traditional public schools was first brought to public attention in the late 1980s by a small group of policymakers and educators. The notion gained traction in the early 1990s, and in 1991 Minnesota became the first state to pass a charter school law.

The National Conference of State Legislatures defines charter schools as follows:

“	Charter schools are publicly funded, privately managed and semi-autonomous schools of choice. They do not charge tuition. They must hold to the same academic accountability measures as traditional schools. They receive public funding similarly to traditional schools. However, they have more freedom over their budgets, staffing, curricula and other operations. In exchange for this freedom, they must deliver academic results and there must be enough community demand for them to remain open.	”
—National Conference of State Legislatures

Across the nation, charter schools have grown in number since the passage of the first public charter school law. As of March 2017, 44 states plus the District of Columbia had enacted charter school laws, and in 2013 it was estimated that 4.6 percent of all public school students attended charter schools. Performance results of charter schools nationally have been mixed, with some performing demonstrably better and others closing because they could not meet required standards.

New York’s charter school law was passed in 1998. The initial legislation capped the number of charter schools in the state at 100. In 2006, the cap was reached, and in 2007, the legislature doubled the cap to 200. The cap was raised again in 2010 in order for the state to qualify for federal Race to the Top funds. A total of 460 schools are allowed in New York.

Participation

According to the National Alliance for Public Charter Schools, a charter school advocacy group, there were an estimated 257 total charter schools in New York in the 2015-2016 school year. These schools enrolled approximately 125,800 students. Overall, charter school students accounted for 4.66 percent of total public school enrollment in New York in 2015.

Charter schools, 2015-2016
State	Total number of charter schools	Estimated enrollment	Percentage of total public school enrollment
New York	257	125,800	4.66%
Massachusetts	81	40,300	4.28%
New Jersey	89	44,600	3.29%
Pennsylvania	175	141,200	8.10%
United States total	6,824	2,930,600	5.85%
Note: The percentages in the column labeled "Percentage of total public school enrollment" were calculated by taking the estimated number of charter school students in a given state and dividing by the total estimated number of public school students in that state in 2015. Total public school enrollment estimates came from the National Center for Education Statistics. Source: National Alliance for Public Charter Schools, "A Closer Look at the Charter School Movement," February 3, 2016

Demographics

See also: Charter school demographics and Demographic information for all students in the United States

The table below presents information about the race/ethnicity of charter school students in New York in the 2013-2014 school year, as reported by the National Alliance for Public Charter Schools. To facilitate comparison, the same figures are also provided for all public school students.

Enrollments by ethnicity, 2013-2014 (as percentages)
Data sample	White	Black	Hispanic	Asian	Other
Charter schools in New York	6.0%	59.0%	31.0%	2.0%	2.0%
Public schools in New York	46.5%	18.2%	24.5%	8.8%	2.1%
Charter schools in the U.S.	34.9%	27.1%	30.0%	4.1%	3.8%
Public schools in the U.S.	50.3%	15.6%	24.8%	4.8%	4.4%
Sources: National Center for Education Statistics, "Table 203.70. Percentage distribution of enrollment in public elementary and secondary schools, by race/ethnicity and state or jurisdiction: Fall 2003 and fall 2013," accessed June 7, 2016 National Alliance for Public Charter Schools, "The Health of the Charter Public School Movement: A State-by-State Analysis," March 2016

State law

Authorizers

Charter school authorizers are, according to the National Association of Charter School Authorizers (NACSA), the organizations "designated to approve, monitor, renew, and, if necessary, close charter schools." NASCA has identified six primary types of charter school authorizers:

1. Higher education institutions (HEI)
2. Independent charter boards (ICB)
3. Local education agencies (LEA)
4. Non-education government entities (NEG)
5. Not-for-profit organizations (NFP)
6. State education agencies

The table below lists charter school authorizers in New York as of June 2016. Click [show] to expand the table's contents.

Charter school authorizers in New York, June 2016
Authorizer	Authorizer type
Buffalo Public Schools	LEA
New York City Chancellor's Office	LEA
New York State Education Department	SEA
State University of New York Charter Schools Institute	HEI
Source: National Association of Charter School Authorizers, "New York Authorizers," accessed June 15, 2016

Enrollment regulations

Charter schools in New York are open to any student in the state. If demand exceeds available space, schools must hold a random lottery to determine enrollment. They may limit enrollment to a single gender and give preference to students considered “at-risk.”

Schools are required to give enrollment preference to prior-year students, students residing in the surrounding district, and siblings of currently-enrolled students. Unlike in many other states, there is no preference option for children of founders, board members or employees.

Funding

In New York, charter schools receive a portion of their funding from the state.

The way charter schools are financed differs from state to state, and even between districts within states. In New York, charter schools receive their funding from the local school boards of the districts where they reside. School boards must send a “proportional share” of their per-pupil funding to those charter schools. In the 2016-2017 school year, this amount will be equal to 100 percent of the funding formula. If a local school board does not provide those funds to a charter school, the New York State Comptroller is authorized to deduct that amount from the district budget and send them to the charter school directly.

Charter schools are eligible for start-up grants but do not receive funding specifically for facilities or student transportation. However, the state publishes an annual list of unused buildings or building space that charter schools may occupy.

Accountability

See also: Accountability measures for charter schools

New York law states that charter contracts must be performance based and outline performance standards and the method by which the school will be evaluated. Charter schools must submit annual performance reports and undergo annual financial audits to their authorizer and the State Board of Regents. They must also make those reports public on their websites.

Charter schools are overseen by both the New York Department of Education and the State Board of Regents. Authorizers are responsible for placing schools on probation and developing corrective plans for those schools. They have the authority to revoke the charter of any school that does not follow the plan. The law allows for other corrective actions to be taken before the step of probation.

Schools that wish to renew their charters must apply near the end of the charter term. Part of the application must include performance and financial reports demonstrating the success of the school. Charters may be denied renewal or revoked if the school does not meet performance standards, breaks the law or mismanages funds. Authorizers must notify the school before revocation and allow it time to remedy any problems. Renewal, nonrenewal and revocation decisions must be made in a public meeting.

Additionally, the State Board of Regents must submit an annual report to the governor and legislature summarizing the state of charter schools, their impact on traditional schools and their academic performance. The legislature and the governor have the authority to strip the State Board of Regents and the State University of New York of their authorizing powers.

Charter school law rankings

In January 2016, the National Alliance for Public Charter Schools released a report ranking all of the nation's charter school laws. New York's law ranked seven out of 43. The organization ranked each state's law by considering what it called "20 essential components of a strong charter school law." The table below compares New York's score with that of neighboring states. To access the full report, including methodology, click here.

Charter school law rankings, January 2016
State	2016 ranking	2015 ranking	Ranking difference	2016 score	2015 score	Score difference
New York	7	7	0	162	157	5
Massachusetts	11	17	6	153	147	6
New Jersey	36	34	-2	118	116	2
Pennsylvania	27	25	-2	133	133	0
Source: National Alliance for Public Charter Schools, "Measuring Up To The Model: A Ranking of State Charter School Laws," January 2016

Issues

Debate

Proponents of charter schools such as the National Alliance for Public Charter Schools argue that, due to their freedom from some state oversight and regulation, they can adopt more innovative educational approaches. This allows them to cater to their particular higher-risk school age populations, which are generally composed of more minority and poor students. In addition, advocates argue that charter schools empower parents and improve traditional public schools through competition.

Meanwhile, critics such as Diane Ravitch argue that charter schools have not been proven to produce significantly higher levels of academic achievement as promised. It is difficult to find data comparable to traditional public schools. Critics also contend that charter schools divert funds from traditional public schools, which continue to enroll significant majorities of public school students, thereby compounding problems at failing schools and generating unequal outcomes for students.

Funding inequity

In 2014, the University of Arkansas Department of Education Reform released a report identifying disparities between charter school funding and traditional public school funding. Examining 31 states, the researchers considered all sources of charter school funding, including public funds, grants, and philanthropic donations. Researchers found that charter schools received on average 28.4 percent less than traditional public schools. New York's funding disparity was lowest at 0.1 percent, while Louisiana's was highest at 58.4 percent. The disparity in New York was -31.4 percent, earning the state an F grade. Charter schools in the state received on average $7,290 less per pupil than traditional public schools.

Below is a chart that compares New York's grade and funding disparity with those of surrounding states. To access the full report, click here.

Charter school funding disparity by state
State	Grade	District per-pupil revenue	Charter per-pupil revenue	Disparity in dollars	Disparity in percents
New York	F	$23,210	$15,920	-$7,290	-31.4%
Massachusetts	D	$17,943	$14,140	-$3,802	-21.2%
New Jersey	F	$22,056	$15,043	-$7,013	-31.8%
Pennsylvania	F	$18,339	$12,495	-$5,844	-31.9%
Source: University of Arkansas Department of Education Reform, "Charter School Funding: Inequity Expands," accessed October 22, 2014

Charter school management organizations and other groups

See also: Charter school management organization

A majority of New York charter schools are freestanding, meaning they do not contract with a charter school management organization. In the 2010-2011 school year, 102 schools in New York were freestanding, 49 operated under charter management organizations, and 19 operated under education management organizations.

New York charter school are represented by the Northeast Charter Schools Network, which also serves Connecticut charter schools. New York City has its own advocacy organization, the New York City Charter School Center. There are two state authorizers, the State University of New York and the State Board of Regents.

Charter management organizations (CMOs) are nonprofit associations that form a network of charter schools with a shared vision and provide education services to those schools. In the 2011-2012 school year, the largest CMO in New York was Victory Education Partners, managing 13 schools.

Education management organizations (EMOs) are for-profit companies that form a network of charter schools with a shared vision and provide education services to those schools. In the 2011-2012 school year, the largest EMO in New York was Uncommon Schools, managing 16 schools.

Innovation

See also: Charter school innovation indicators and High-performing charter schools

Charter school proponents argue that charter schools have the freedom to adopt more innovative practices, which in turn lead to improved academic performance. To get a sense of the level of innovation occurring in charter schools, the National Alliance for Public Charter Schools surveyed charter schools across the country on the various innovative education practices they employed. In New York, an average of 30 percent of charter schools reported using innovative practices in the 2011-2012 school year. The table below displays the prevalence of a variety of innovative practices in New York as a percentage of all charter schools in the state. The figures are compared with those in surrounding states.

Charter schools with innovative practices, in percents (2011-2012)
State	Extended day	Extended year	Year-round calendar	Independent study	School-to-work	Higher education courses	Average
New York	93%	57%	7%	5%	11%	5%	30%
Massachusetts	62%	43%	5%	33%	10%	33%	31%
New Jersey	60%	36%	0%	8%	0%	12%	19%
Pennsylvania	57%	39%	10%	26%	10%	22%	27%
Source: National Alliance for Public Charter Schools, "The Health of the Public Charter School Movement: A State-By-State Analysis," accessed October 3, 2014

Ballot measures and legislation

Ballot measures

See also: School choice on the ballot and List of New York ballot measures

Ballotpedia has tracked no statewide ballot measures relating to school choice in New York.

Legislation

The following is a list of recent charter school bills that have been introduced in or passed by the New York state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

Recent news

The link below is to the most recent stories in a Google news search for the terms New York charter school. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Charter schools in New York - Google News

See also

• Charter schools
• Charter school statistics for all 50 states
• School choice
• Public education in New York
• School choice in New York
• New York Department of Education
• Charter school management organization

External links

• National Alliance for Public Charter Schools
• National Association of Charter School Authorizers