SUNY CSI public hearings- issues/loopholes

I hope folks are disturbed by these legal loopholes that have benefited charters and blocked public discourse about our public schools:

SUNY only holds hearings for initial charter sitings in DoE buildings - expansions get a total exemption from the hearing process and any public scrutiny/feedback.

SUNY hearings in connection with schools’ use of NYCDOE space, only have to be held prior to the first time a charter school occupies a particular public school building.

SUNY outreach is only as good as DoE outreach- and we know how good that is (per Judge Lobis)!

SUNY does not have access to NYCDOE parents and students, backpack or mailed notice is accomplished with the assistance of the NYCDOE.

You have to FOIL renewal applications.

The Institute does not at this time post renewal applications online; they are readily available through the Freedom of Information Law.

Whatever the intentions, the language of the law means that only the Chancellor's feedback is legally considered in these hearings.

Comments received from “school district” in the parlance of the Charter Schools Act means the New York City School District as a whole rather than a community school district such as CEC One. Therefore, it is the New York City School Chancellor’s comments that SUNY CSI must legally “consider”

Finally, the charter authorizers rely on the charter and DoE to tell them that there is sufficient space for the co location.

The Institute’s initial recommendation that Girls Prep’s plans for the future, which

included expansion in PS188 was based on Girls Prep’s analysis of its space needs

as well as the space utilization analysis and related material prepared by NYCDOE, which indicated that the space was under-utilized and that expansion of Girls Prep would not have an adverse impact on either of the other schools in the building.

This looks like the charter revision hearing, to revise the SUNY authorized charter.

This is different from a DoE significant change in school utilization.

According to these excerpts from a letter to me from Jonas S. Chartock, Executive Director of CSI:

The NYCDOE must hold hearings on all charter applications, renewals and revisions in

accordance with the Charter Schools Act.

SUNY, on the other hand, only holds hearings in connection with its schools’ use of NYCDOE space, which may be triggered by any of the forgoing actions or simply a change in location. SUNY’s hearings only have to be held prior to the first time a charter school occupies a particular public school building.

Also, when SUNY holds such space hearings almost invariably the NYCDOE holds a hearing of its own under separate notice and for its own purposes. That is why you may have seen both Charter Schools Institute and NYCDOE staff in the front of an auditorium.

In no case does the NYCDOE hold a hearing on behalf of the SUNY Trustees –

whenever SUNY holds a hearing SUNY staff will be present, notice will be given to the SUNY media list, notice will be posted on the Institute’s website and a SUNY notice posted at the hearing site. As SUNY does not have access to NYCDOE parents and students, backpack or mailed notice is accomplished with the assistance of the NYCDOE.

Furthermore:

SUNY and the Committee welcome community input, including that of Community

Education Councils, on its decisions regarding charter schools.

The Institute does not at this time post renewal applications online; they are readily available through the Freedom of Information Law.

Comments received from “school district” in the parlance of the Charter Schools Act means the New York City School District as a whole rather than a community school district such as CEC One. Therefore, it is the New York City School Chancellor’s comments that SUNY CSI must legally “consider” although the Committee is committed to considering comments from the whole school community including the CEC in such decisions.