EDU-32-07-00012-E Procedures for Public Hearings Concerning Charter Schools
8/15/07 N.Y. St. Reg. EDU-32-07-00012-E
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 33
August 15, 2007
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY RULE MAKING
I.D No. EDU-32-07-00012-E
Filing No. 799
Filing Date. Jul. 31, 2007
Effective Date. Jul. 31, 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. 2007, ch. 57, part D-2, section 7
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts pursuant to Education Law section 2857(1).
Effective July 1, 2007, Education Law section 2857(1) was amended by section 7 of Part D-2 of Chapter 57 of the Laws of 2007 to require, among other things, school districts in which charter schools are located to hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school's charter.
Because the Board of Regents meets at fixed intervals, the earliest the proposed rule could be presented for regular adoption, after publication in the State Register and expiration of the 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), is the October 22–23, 2007 Regents meeting. Furthermore, pursuant to SAPA, the earliest effective date of the proposed rule, if adopted at the October meeting, would be November 15, 2007, the date a Notice of Adoption would be published in the State Register. However, it is anticipated that school districts will need to commence public hearings regarding the issuance, revision, or renewal of a charter starting in July 2007, because of the receipt before July 1, 2007 by the various charter entities of such applications to establish new charter schools and to renew existing charters. Emergency action is therefore necessary for the preservation of the general welfare to immediately establish procedures for the conduct of charter school public hearings pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007, so that school districts may timely conduct such hearings pursuant to statutory requirements during the 2007–2008 school year.
It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at their October 22–23, 2007 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by SAPA.
Subject:
Procedures for public hearings concerning charter schools pursuant to Education Law, section 2857(1-a).
Purpose:
To establish procedures for the conduct of public hearings by school districts 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 of emergency rule:
Section 119.4 of the Regulations of the Commissioner of Education is added, effective July 31, 2007, as follows:
§ 119.4 Hearings prior to the issuance, revision, or renewal of a charter school pursuant to Education Law section 2857(1).
Within thirty days of initially receiving notice of the receipt of an application for the formation of a new charter school, of an application for the renewal of an existing charter school, or of a charter school's request to revise its existing charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the foregoing. Such hearing shall be held within the community potentially impacted by the proposed action or charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing within such thirty-day period. The school district shall, at the time of its dissemination, provide the State Education Department with a copy of the public hearing notice. The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing. In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within 15 business days of the hearing.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously published a notice of proposed rule making, I.D. No. EDU-32-07-00012-P, Issue of August 8, 2007. The emergency rule will expire October 28, 2007.
Text of emergency 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: legal@mail.nysed.gov
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Board of Regents to appoint the Commissioner of Education as the chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.
Education Law section 206 authorizes the Regents, any committee thereof, the Commissioner, the deputy and any associate and assistant commissioner of education and the counsel of the State Education Department to take testimony or hear proofs relating to their official duties, or in any matter which they may lawfully investigate.
Education Law section 207 empowers the Regents and Commissioner to adopt rules and regulations to carry out the State laws regarding education and the functions and duties conferred on the Department.
Education Law section 305(1) provides that the Commissioner is the chief executive officer of the State system of education and of the Board of Regents, and charged with the enforcement of all general and special laws relating to the educational system of the State and the execution of all educational policies determined by Regents. Section 305(2) provides that the Commissioner shall have general supervision over all schools and institutions subject to the Education Law or any statute relating to education. Section 305(20) provides that the Commissioner shall have and execute such further powers and duties as he shall be charged with by the Regents.
Education Law section 2857(1), as amended by section 7 of Part D-2 of Chapter 57 of the Laws of 2007, provides that prior to the issuance, revision, or renewal of a charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the foregoing. Such hearing must be held in the community potentially impacted by the proposed charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold such hearing.
LEGISLATIVE OBJECTIVES:
Consistent with the statutory authority set forth above, the proposed rule will establish procedures for the conduct of charter school public hearings by the school district pursuant to Education Law section 2857(1).
NEEDS AND BENEFITS:
The proposed rule is necessary to prescribe procedures for the conduct of charter school public hearings by a school district to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1). It has been determined that the procedures set forth in the proposed rule will provide for the most efficient, thorough and expeditious means to conduct such hearings.
COSTS:
(a) Costs to State government: none. The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007, and will not impose any additional costs on the State beyond those inherent in the statute.
(b) Costs to local government: none. The proposed rule does not impose any additional costs on school districts beyond those inherent in Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007. Such costs would be associated with school districts' submission of copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department.
(c) Cost to private regulated parties: none. The proposed rule does not affect any private regulated parties.
(d) Cost to regulating agency for implementation and continued administration of this rule: none. The proposed rule will not impose any additional costs on the State beyond those inherent in Education Law section 2857, as amended by Chapter 57 of the Laws of 2007.
LOCAL GOVERNMENT MANDATES:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007, and will not impose any additional program, service, duty or responsibility upon school districts beyond those inherent in the statute.
Consistent with the statute, proposed section 119.4 provides that within thirty days of initially receiving notice of the receipt of an application for the formation of a new charter school, of an application for the renewal of an existing charter school, or of a charter school's request to revise its existing charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the forgoing. Such hearing shall be held within the community potentially impacted by the proposed action or charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing within such thirty day period. The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing. In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within five business days of the hearing.
PAPERWORK:
The school district shall, at the time of its dissemination, provide the State Education Department with a copy of the public hearing notice. The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing. In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within 15 business days of the hearing.
DUPLICATION:
The proposed rule does not duplicate any existing State or Federal requirements.
ALTERNATIVES:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts pursuant to Education Law section 2857(1). There are no significant alternatives and none were considered.
FEDERAL STANDARDS:
There are no applicable Federal standards.
COMPLIANCE SCHEDULE:
It is anticipated that regulated parties will be able to achieve compliance with the proposed rule by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed rule applies to school districts and charter schools, and will establish procedures for the conduct of charter school public hearings by the school district to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1). The proposed rule does not impose any economic impact, or other compliance requirements on small businesses. Because it is evident from the nature of the proposed rule that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Governments:
EFFECT OF RULE:
The proposed rule applies to all school districts and charter schools in the State. There are currently 97 charter schools in existence.
COMPLIANCE REQUIREMENTS:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1), and will not impose any additional reporting, recordkeeping or other compliance requirements on school districts or charter schools beyond those inherent in the statute.
Consistent with the statute, proposed section 119.4 provides that within thirty days of initially receiving notice of the receipt of an application for the formation of a new charter school, of an application for the renewal of an existing charter school, or of a charter school's request to revise its existing charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the forgoing. Such hearing shall be held within the community potentially impacted by the proposed action or charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing within such thirty day period. The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing. In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within five business days of the hearing.
PROFESSIONAL SERVICES:
The proposed rule does not impose any additional professional services requirements on school districts or charter schools.
COMPLIANCE COSTS:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007, and will not impose any additional costs on school districts or charter schools beyond those inherent in the statute. Such costs would be associated with school districts' submission of copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule does not impose any additional compliance costs on school districts or charter schools beyond those inherent in the statute. The proposed rule does not impose any additional technological requirements on school districts or charter schools.
MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007. Consequently, the major provisions of the proposed rule are statutorily imposed and it is not feasible to establish differing compliance or reporting requirements or timetables or to exempt affected school districts from coverage by the rule. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on school districts and charter schools.
LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed amendment were solicited from school districts through the offices of the district superintendents of each supervisory district in the State. Copies of the proposed amendment have been provided to each charter school for review and comment.
Rural Area Flexibility Analysis
TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to all school districts and charter schools within the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.
REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1), and will not impose any additional reporting, recordkeeping or other compliance requirements on school districts or charter schools in rural areas beyond those inherent in the statute.
Consistent with the statute, proposed section 119.4 provides that within thirty days of initially receiving notice of the receipt of an application for the formation of a new charter school, of an application for the renewal of an existing charter school, or of a charter school's request to revise its existing charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the forgoing. Such hearing shall be held within the community potentially impacted by the proposed action or charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing within such thirty day period. The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing. In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within five business days of the hearing.
The proposed rule does not impose any additional professional services requirements on school districts or charter schools in rural areas.
COSTS:
The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007, and will not impose any additional costs on school districts or charter schools in rural areas beyond those inherent in the statute. Such costs would be associated with school districts' submission of copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department.
MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007 by establishing procedures for the conduct of charter school public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1). Consequently, the major provisions of the proposed rule are statutorily imposed and it is not feasible to establish differing requirements or to exempt school districts or charter schools from coverage by the rule. Furthermore, because this amendment implements statutory provisions that are applicable to school districts and charter schools across the State, it was not possible to provide for a lesser standard or an exemption for those located in rural areas. The proposed amendment has been carefully drafted to meet statutory requirements while minimizing the impact on school districts and charter schools.
RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Department's Rural Advisory Committee. In addition, copies of the proposed rule have been provided to each charter school for review and comment.
Job Impact Statement
The proposed rule applies to school districts and charter schools, and will establish procedures for the conduct of charter school public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of a charter pursuant to Education Law section 2857(1). The proposed rule will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the rule that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
