The Education Law permits the conversion of an existing public school to a charter school. An application for such a conversion shall be submitted to, and may only be approved by, the board of education of a school district eligible for an apportionment of aid under subdivision four of section thirty-six hundred two of Chapter 56 of the Education Law, provided that a board of education shall not approve an application for a school to be operated outside the school district`s geographic boundaries and further provided that in a city having a population of one million or more, the chancellor of any such city school district shall be the charter entity established by Education Law §2851.
Pursuant to Education Law §2854(3)(b), school employees of a charter school that has been converted from an existing public school who are eligible for representation under article fourteen of the civil service law shall be deemed to be included within the negotiating unit containing like titles or positions, if any, for the school district in which such charter school is located and shall be subject to the collective bargaining agreement covering that school district negotiating unit; provided, however, that a majority of the members of a negotiating unit within a charter school may modify, in writing, a collective bargaining agreement for the purposes of employment in the charter school with the approval of the board of trustees of the charter school. As such, conversion charter schools are in the unique position of facing collective bargaining costs that are negotiated not by them but by their district of location and pension obligations that are externally set. This program was created to assist conversion charter schools address these externally determined costs that non-conversion charter schools do not incur and for which conversion charter schools receive no additional per pupil funding above and beyond what is allocated to all charter schools pursuant to Education Law §2856.
State Statute: Education Law §
State Regulation: 8NYCRR Part