Charter School Siting in a New York City Department of Education Building:

An Overview of the Process

Siting, co-locating or growing a charter school in a DOE building is governed by a number of different
legal provisions and involves a complex process. Much of that process is the responsibility of DOE.
Nonetheless, charter schools planning on locating inside a DOE building need to understand this siting
process, the timing, and how it will impact them.

This memo is technical in nature. It is not meant to address two key issues that are just as important
as the legal process: First, the way in which charter school teams can engage the community in order,
ideally, to have community boards, residents and lawmakers welcome the charter school into a
district building. Second, where community engagement is not successful, ways to activate a charter
school’s supporters (particularly its parents) to ensure that their side of the story is heard and taken
into account during the process. The Charter Center and its partners work with schools to assist them
with these two issues.

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 THE SITING PROCESS FOR NEW LOCATIONS AND CO-LOCATIONS1
Process Step
1. Public identification of district
buildings subject to possible charter
school location or co-location
2. Educational Impact Statements
3. Building Usage Plans
4. Joint public hearings at affected
schools
5. Charter school authorizer siting
hearings
6. Public comments and the Panel for
Educational Policy vote
7. Possible appeal to the Commissioner It is possible to appeal the decision to locate a charter school in a
8. Shared Space Committee
9. Capital improvements
10. Space Planning and Building
Councils
11. Expansion of a School that is Already A charter school already co-located in a public school space, but
Co-located
Description
DOE publishes list of all district buildings that are candidates for
charter school location or co-location
DOE creates and disseminates Educational Impact Statements
describing the proposed school utilization changes and the impact
they are expected to have
DOE creates Building Usage Plans to be included with the Educational
Impact Statements, which describe the proposed allocation and
sharing of space
30 to 45 days after posting the Educational Impact Statements, the
DOE holds a joint public hearing with the community education council
and the school leadership team(s) of the affected school(s)
The charter school’s authorizer holds a public meeting for parents and
guardians from the school that is affected by the proposed charter
school siting (which may or may not be separate from the joint
hearing)
The Panel for Educational Policy votes on all new locations and co-
locations after the Educational Impact Statements has been posted on
its website and public comment compiled
public school building to the Commissioner through an expedited
appeal process
A Shared Space Committee is established, comprised of the principal, a
teacher, and a parent from each co-located school
A charter school seeking to make any capital improvement or facility
upgrade to a public school costing more than $5,000 must receive
DOE’s approval and matching funds must be spent on any other DOE
school in the building
After the Panel for Educational Policy approval, the school’s building
council meets with the DOE’s Office of Space Planning to assign
specific rooms to each school and finalize the shared space plan
seeking to expand beyond its original allocated space is subject to a
siting process

1
We do not include in the siting process the separate requirement that DOE hold a hearing prior to the issuance, revision
or renewal of a charter. See Education Law § 2857(1). This hearing is generally before the Community Education Council
of the Community School District in which the school is located or intends to locate. It is separate and apart from the joint
public hearing that is specifically devoted to siting a school in public school space (which is discussed in this memo) and
applies to a much broader array of situations by its terms. For new schools, this hearing would precede issuance of a
charter. While this hearing is not included in the siting process, it is important to note that where a new school is
planning on locating in public school space, this hearing will naturally involve this issue and could be contentious.
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1. PUBLIC IDENTIFICATION OF DISTRICT BUILDINGS SUBJECT TO CHARTER SCHOOL LOCATION OR CO-
LOCATION

The first step that DOE must undertake prior to selecting a school building for a charter school siting
is to publish a list of all buildings that are candidates for such siting. DOE must provide the rationale
for why buildings have been chosen for possible charter school location or co-location. The master list
must be posted on the Panel for Educational Policy’s website and also given to the community
superintendent, community district education council and the school-based management team of
every school on the list. We expect DOE to publish this list in the fall.

2. EDUCATIONAL IMPACT STATEMENT AND ITS DISSEMINATION

Once DOE chooses a building off of the master list for an actual proposed co-location, it must create
and disseminate an Educational Impact Statement. An Educational Impact Statement must be
created for all significant changes in building utilizations (including charter school locations and co-
locations). The Educational Impact Statement must lay out the proposed school utilization change
and describe the impact the change would have.2 It must be publicly posted no later than 6 months
before the first day of school (according to the Department of Education calendar, i.e., the first day of
school for the non-charter school) in the succeeding year, or by roughly March 1. This means that the
DOE cannot propose any new facility usage plans after this date for the next school year. A Building
Usage Plan (see below) gets attached as an addendum to any Educational Impact Statement involving
the location or the co-location of a charter school with another public school.3

The Educational Impact Statement needs to be circulated to the community superintendent,

community education council, community board and school-based management team(s), and, as set
forth by the proposed Chancellor’s Regulation A-190, the Citywide Council on High Schools and/or the
Citywide Council on Special Education and District 75 Council, as applicable. The community
superintendent is responsible for informing parents of the proposed school utilization change and
where they can find the Educational Impact Statement. A copy of the statement must also be posted
on the Panel for Educational Policy website at least 45 days before its vote.

2
See §2590-h(2-a) of the Education Law and the proposed Chancellor’s Regulation A-190 for more information on the
contents of an Educational Impact Statement. In a recent court case involving Educational Impact Statements created in
spring 2010, an appellate court ruled that the Educational Impact Statements must address with some specificity the
impact of the change in utilization. A copy of the decision can be found at
http://www.nycourts.gov/reporter/3dseries/2010/2010_05863.htm
3
The law provides a process for revising the Building Usage Plan and Educational Impact Statement, details on which may
be found in the proposed Chancellor’s Regulation A-190; §2590-h(2-a)(d-1) of the Education Law; and §2853(3)(a-3)(4).
Revisions to the Building Usage Plan must be approved by the Panel for Educational Policy prior to implementation.
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3. BUILDING USAGE PLAN

When dealing with the location or co-location of a charter school in a DOE facility, which houses one
or more non-charter schools, the DOE must also create a space sharing plan that is known as the
Building Usage Plan. The law requires the Building Usage Plan to include and address:

o Actual allocation and sharing of classroom and administrative space between the schools
o Proposal for collaborative usage of shared resources and spaces, including cafeterias, libraries,
gymnasiums and recreational spaces
o Justification of the feasibility of the proposed allocations
o Building safety and security
o Communication and collaborative decision-making strategies to be used by the co-located
schools

The allocations for classroom and administrative space will be made pursuant to the Citywide
Instructional Footprint4 that DOE uses in all co-location decisions (charter and non-charter). As stated
above, the Building Usage Plan becomes part of the Educational Impact Statement and both it and
the Educational Impact Statement must be posted at least 45 days prior to the Panel for Educational
Policy vote. The template for the Building Usage Plan can be found as an appendix to the proposed
Chancellor’s Regulation A-190.

4. JOINT PUBLIC HEARINGS

Between 30 to 45 days after the Educational Impact Statement is publicly posted, the DOE must hold
a joint public hearing with the community education council and the school leadership team(s) of the
affected school(s). Notice must be specifically given to parents, students, the community board, and
the district’s elected state and local officials. This meeting must take place before the Panel for
Education Policy can vote on the proposed siting. In general, the DOE will ask the charter school
leadership team to present at this hearing. The charter school is well-advised to have parents and
other supporters attend this hearing.

5. CHARTER SCHOOL AUTHORIZER SITING HEARINGS

In addition to the joint public hearing, a charter school’s authorizer must also hold a public hearing
before a NYC charter school goes into public space. The meeting notice must be sent to the parents
or guardians of students at the affected school(s) and parents must be given the opportunity to
comment at the meeting. At this time, it is unclear whether SED and SUNY will hold these hearings
separately or concurrently with the joint public hearing that is described above.

4
DOE Instructional footprint can be found at http://schools.nyc.gov/NR/rdonlyres/682FC26A-6B81-476A-BD6A-
333CBBDC7BB3/44569/NYCDOE_Instructional_Footprint1.pdf
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6. PUBLIC COMMENTS AND THE PANEL FOR EDUCATIONAL POLICY VOTE

The Panel for Educational Policy must vote on all new locations and co-locations (as well as other
significant changes to building utilization). As above, the Educational Impact Statement (containing
the Building Usage Plan) must have been posted and disseminated at least 45 days prior to a Panel
vote and the Panel for Educational Policy must provide notice of its intent to take up the matter. The
DOE must also post the Educational Impact Statement on its website for public comment and compile
the public comment it has received prior to the vote. Notice of the upcoming vote must be circulated
to the community superintendent, the community education council, the community board, and all
school-based management team(s). The vote needs to take place at one of the Panel for Educational
Policy’s regular monthly public meetings. No approved school building utilization changes (including
locations and co-locations) can take place until the school year has ended.

7. POSSIBLE APPEAL TO THE COMMISSIONER

The decision to locate a charter school in a public school building and the implementation and
compliance with the Building Usage Plan may be appealed to the State Education Commissioner after
such decision and plan have been approved by the Panel for Educational Policy. The appeal is meant
to be expedited with DOE being required to respond within 10 days of the appeal being brought, and
the Commissioner being required to render a decision within 10 days of receiving DOE’s response.

8. SHARED SPACE COMMITTEE

A shared space committee must be established in each public school building in which one or more
charter schools are co-located with one or more non-charter public schools or a D75 program with
more than three classrooms in the building. The shared space committee shall be comprised of the
principal, a teacher, and a parent from each co-located school or eligible D75 program. With respect
to a non-charter school’s teacher and parent members, such shared space committee members shall
be selected by the corresponding constituent member of the SLT at that school. With respect to
charter schools whose location or co-location in a public school building was approved by the Panel
for Educational Policy after the effective date of the Amended Charter School Act (i.e., May 28, 2010),
the shared space committee shall review implementation of the Building Usage Plan developed by
the Chancellor and approved by the Panel for Educational Policy. With respect to charter schools that
were approved to be located or co-located in a public school building prior to the effective date of
the Amended Charter School Act, the shared space committee shall review implementation of the
current building space plan in place at those buildings.

The Shared Space Committee is separate and apart from the regular building council meetings at
which only the principals/operational leaders of the co-located schools may attend.

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9. CAPITAL IMPROVEMENTS

Any proposed capital improvement or facility upgrade to a public school space by a charter school
which would cost more than $5,000, must now be submitted for approval to DOE prior to that
improvement or upgrade being made, regardless of the charter school’s source of funding. Where a
capital improvement or facility upgrade is approved by the Chancellor, an equal amount of funds
must be made available to each of the co-located schools in the building for improvements and
upgrades. The law does not specify the source of funds. The DOE will review each application for an
improvement or upgrade and determine if approval is appropriate. Pursuant to the proposed
Chancellor’s Regulation A-190, the DOE review process is triggered by the submission of a project
request form that must be submitted to the Division of Operations at the DOE no later than 15
business days prior to the proposed commencement date of the project. Contact the Office of Space
Planning at spaceplanning@schools.nyc.gov for more information.

10. SPACE PLANNING AND BUILDING COUNCILS

Once an Educational Impact Statement is approved by the Panel for Educational Policy, the school’s
building council shall meet with the DOE’s Office of Space Planning to assign specific rooms to each
school and finalize the shared space plan. Please see the Campus Policy Memo and Procedures for
more detail on the establishment and duties of the building council.

11. EXPANSION OF A SCHOOL THAT IS ALREADY CO-LOCATED

A charter school that is already co-located in a public school space, but seeks to expand beyond the
space which DOE originally planned to allocate to it, will trigger the siting provisions laid out above
and DOE will treat this as a new co-location. As such, the DOE must file an Educational Impact
Statement, create a Building Usage Plan, hold a joint-hearing and get approval of the Panel for
Educational Policy through a formal vote.5

5
Expansion of the school may also trigger the need for the DOE to conduct a charter revision hearing. See Footnote 1.
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 Possible Timeline for Charter School Sitings

Set Oct Nov Dec Jan

DOE identifies
buildings slated for
charter school co-
location
DOE creates Building
Usage Plans and
Educational Impact
Statements
Public hearings are
held at affected
schools

Comments are
solicited for the Panel
for Educational Policy
vote
School siting decision
voted on by the Panel
for Educational Policy