Charter School Applications and Technical Assistance Advisory August 2001

Charter School Applications and Technical Assistance Advisory August 2001

The applications to establish charter schools that are submitted to the Board of Regents require a great deal of information. To provide such information, applicants often search out many different data sources. However, not all sources provide equally accurate and timely information. This document clarifies several key issues pertaining to the content of charter school applications submitted directly to the Board of Regents. Please note that references to the New York Charter Schools Act of 1998 will refer to "the statute."

Name of Proposed Charter School
Section 2851(2)(k) of the statute provides that the name of the proposed charter school shall include the words "charter school" and shall not include the name or identification of a for-profit business or corporate entity. Charter schools that do not serve students at the secondary instruction level (i.e., grades 7-12) may not use the word "academy" in their name because Education Law § 2(1) states that the term "academy" means an incorporated institution for instruction in secondary education.

School District where Charter School will be Located
The application must include the complete name of the school district of location, not just the name of the city or town in which the school will be located. For example, if the school will be located in the Anytown Central School District, the application should not state that the school district of location is "Anytown." Localities often have more than one school district in the area, and the actual district of location must be clear. Applicants should review relevant tax maps to determine the correct school district of location. In New York City, the application should reference the New York City community school district in which the charter school will be located. As discussed later in this document, please note that charter schools in the New York City Public School District must provide an admissions preference based on school district residence to all students who reside in the New York City Public School District and may not give an admissions preference to students based on residence within a particular New York City community school district.

Effective Date of Charter
The charter must be effective on or after the date the Board of Regents approves the charter agreement between the Board of Regents and the applicant(s). Most applications request that the effective date be the date that the Board of Regents approves the charter agreement. Applicants may request a delayed effective date, but the effective date must give the education corporation enough time to engage in the activities necessary to start up a charter school.

Background Information on Applicants and Proposed Board of Trustees
Section 2851(2)(m) of the statute requires the application to include background information on all applicants and proposed members of the board of trustees. In order to satisfy this requirement, the application should include reasonably detailed resumés for each applicant and proposed member of the board of trustees.
Only individuals may be applicants. Corporate entities and organizations may not be applicants.
Unless the applicants are identified as parents of children who reside in the school district of location or as teachers or administrators employed by the school district of location, at least one applicant should be a resident of the school district in which the charter school will be located. For schools to be located in New York City, at least one applicant should be a resident of New York City.

Institutional/Management Partners
All of the following information must be provided for all institutional partners, including management companies: (1) a description of the extent of the institutional partner’s participation in the management and operation of the school; (2) materials (e.g., annual reports, brochures) that describe the institutional partner; (3) a description of the institutional partner’s involvement in any other charter schools, public schools, or private schools; (4) copies of any actual or proposed contracts or other agreements between the applicant and the institutional partner concerning the proposed charter school (if the institutional partner is a management company, the applicant(s) must provide a draft management contract); and (5) proof that the institutional partner has the corporate authority to engage in the activities contemplated by the applicant.

Management Company Contracts
Proposed charter schools that intend to enter into a contract with a management company must provide a draft copy of the proposed contract. The following points must be considered when drafting the management contract.
The draft management contract must contain the following provisions or satisfactory equivalents:
		Charter School Records. Upon termination of the agreement, the management company will immediately turn over all student, fiscal, and other charter school records to the board of trustees of the charter school.
		Board of Regents Authority. Nothing in this agreement shall be construed in any way to limit the authority of the Board of Regents including, but not limited to, the authority to take and enforce action pursuant to § 2855 of the statute.
		Conflict with Charter. To the extent there are any conflicts between the terms of the charter school’s charter and the terms of this agreement, the terms of the charter will control.
The draft management contract should not be merely a boilerplate contract. It should be tailored to reflect the requirements of the statute and the particular circumstances of the proposed charter school. It is recommended that an attorney representing the applicants be involved in the negotiation of the draft management contract. The members of the proposed board of trustees should review and understand their proposed obligations under the draft management contract.
Section 2853(1)(a) of the statute requires the trustees of the charter school to obtain federal tax-exempt status no later than one year following approval of the charter by the Board of Regents. In determining whether to grant tax-exempt status, the Internal Revenue Service has issued guidance indicating that it does not look favorably on contracts that contain anti-compete clauses that prohibit the charter school from hiring personnel that it has utilized in operating the school after the termination of the management company. Accordingly, the draft contract should not contain such a non-compete clause.
The Internal Revenue Service guidance also states that a management fee structure should not be based on total income (i.e., all fees, grants, and contributions). Thus, the management agreement should not contain such a fee structure.
In general, charter school applicants should become familiar with IRS guidance on charter schools and management companies
Section 2854(3)(a) of the statute provides that an employee of a charter school shall be an employee of the education corporation formed to operate the charter school. Accordingly, neither the application nor the management agreement should state that employees will be employed by the management company.
Section 2853(1)(a) of the statute provides that upon approval by the Board of Regents, a charter school shall be an "education corporation." Thus, the charter application, including the draft management agreement, should refer to the school as an "education corporation," not a "nonprofit corporation."
The management contract must set forth with particularity the contingent obligations and responsibilities of each party in the event that the contract must be modified in order to obtain or maintain the charter school's federal tax exempt status.

Authority of Charter School
A charter school is authorized to serve one or more of the grades one through twelve. It may also establish a kindergarten program. A charter school may not serve pre-kindergarten students.
Charter schools may not provide GED preparation courses, technical certification courses, or other programs or services to parents or family members. The only exception to this is that charter schools may offer programs to parents for purposes of assisting in their child’s education.

Curriculum/Assessment/Instruction
Charter school applicants must provide a coherent explanation of how students will have access to curriculum, programs, materials and coursework that lead to attainment of each of the 28 New York State learning standards. When developing this section of the application, applicants are encouraged to use the resources posted on the New York State Education Department's Office of Curriculum, Instruction, and Assessment website, as well as the guidance materials posted on the Department's Part 100 website. Both websites are available by accessing www.nysed.gov.
Each charter school applicant must:
		Provide assurance that students will receive instruction that leads to the attainment of all 28 learning standards at the levels (elementary, intermediate, commencement) specified in the school’s charter.
		Submit a full copy of all curricula to be used by the school. The curricula should describe the knowledge and skills that students will attain by the end of each grade or course. The chart in Appendix A may be used as a tool to organize the information so that applicants assure coverage of each standard area topic.
			Include names of purchased materials/programs to support the stated curriculum.
			Ensure that neither the curriculum nor the reading/resource list teaches any religious tenet or doctrine.
		Provide a daily school schedule for each level (elementary, intermediate, commencement) which:
			Reflects instruction leading toward attainment of all 28 learning standards.
			Includes the provision of instruction in bilingual education or English as a second language where student need is established. (§ 2851(2)(n) of the statute)
		Provide the school calendar, which assures the equivalent of 180 school days of instruction (§ 2851(2)(n) of the statute; 8 NYCRR 175.5).
		List each of the required State assessments, including those available under the aegis of the Department’s "safety net provisions," to be administered by the charter school for its respective student population.
		Describe requirements that must be met for the granting of a diploma, if the school serves or will be serving students at the secondary level (commencement level standards), per § 2851(2)(u) of the statute. Students at public schools other than charter schools must complete the coursework and credits listed in the chart below in order to obtain a Regents diploma. Charter schools will not be held to these precise diploma requirements. However, in order for charter schools to award a Regents diploma, charter schools must provide evidence that the breadth and depth of coursework and instructional opportunities are at least substantially equivalent to the requirements listed below, and that the coursework and instructional opportunities will allow the student to meet and/or exceed the State performance standards.

			Courses and Units of Credit
			English	4
			Social Studies	4
			Mathematics	3
			Science *	3
			Health	0.5
			The Arts	1
			Languages Other than English	1
			Physical Education	2
			Career & Technical Education	3.5
		* Note that all students, including charter school students, must have a minimum of 1200 minutes of hands-on lab work prior to entering a Science Regents examination.

School Performance Goals
		For charter schools administering State assessments in Grades 4 and 8 in English-Language Arts and Mathematics, school performance goals should be stated in terms to ensure that the charter school will meet the State standards annually established by the Commissioner on these measures pursuant to Part 100.2(p)(8)(ii) of the Commissioner’s Regulations. For charter schools intending to offer diplomas, school performance goals should be established for the annual high school cohort in reading and mathematics. Schools are expected to have 90 percent of students in the cohort meet Regents examination requirements in English-Language Arts and Mathematics within four years of first entry into the ninth grade. It is also expected that the annual dropout rate be no more than five percent. Applicants are referred to the December 2000 field memo from Deputy Commissioner James A. Kadamus for more information on the applicable criteria (to view this memo and other related information, go to http://www.emsc.nysed.gov/nyc/accountability.html). Charter schools failing to meet these criteria will be subject to the provisions of § 2855 of the statute.

Student Achievement Goals
Student achievement goals must include the following parts:
		The desired academic state and the number/percent of students who will attain the goal (e.g., "All 4^th grade students will demonstrate achievement of ELA standards on the elementary English-Language Arts Exam . . .")
		The degree/level at which it must be attained (e.g., ". . .at least at Level 3 . . .")
		The timeframe for meeting such goals (e.g., ". . . by the first year of instruction.").

By-Laws for Board of Trustees
The application form requests that the application include a draft set of by-laws for the proposed board of trustees. The following points must be considered when drafting these by-laws.
The by-laws, and other parts of the application, must refer to the board as "board of trustees" rather than "board of directors" in order to be consistent with the language of the statute.
The board of trustees should consist of an odd number of trustees in order to help reduce the probability of voting deadlocks.
The board of trustees must meet, at a minimum, at least every two months (i.e., bi-monthly).
Charter schools are subject to the New York State Open Meetings Law. Accordingly, the by-laws must state the following or a satisfactory equivalent: "To the extent of any conflict between any provision of these by-laws and the Open Meetings Law, the Open Meetings Law shall prevail and control."
The statute requires that within one year of incorporation, the charter school must obtain federal tax-exempt status. Moreover, public funds may not be used for a profit-making venture. Accordingly, charter schools do not have the authority to carry on a business at a profit, and the by-laws must not indicate that the charter school has this authority.
The New York State Committee on Open Government has opined that individuals who participate in board meetings by telephone may not be counted for purposes of meeting a quorum and may not vote. The by-laws must be consistent with this opinion.
The by-laws must be consistent with the charter school application. For example, if the application states that the charter school will have eleven trustees, this must be reflected in the by-laws. The by-laws should also contain the following provision or a satisfactory equivalent: "To the extent there are any conflicts between the terms of the charter school’s charter and the terms of these by-laws, the terms of the charter will control."
A charter school will be incorporated as an education corporation (§ 2853 of the statute). Most provisions of the Not-For-Profit Corporation Law are applicable to education corporations (Education Law § 216-a). Accordingly, the by-laws must be consistent with the provisions of the statute and the Not-For-Profit Corporation Law applicable to education corporations.

Code of Ethics
The code of ethics must set forth standards of conduct for trustees, officers, and employees. A code of ethics that refers to trustees and officers, but not employees, is not sufficient.
The code of ethics must include the following conflict of interest provision or a satisfactory equivalent.
		Trustees, officers or employees of any single organization shall hold no more than 40 percent of total seats comprising the Board.
		Board members will disclose when they have a financial, organizational, or personal interest in a matter before the Board.
		Board members will abstain from voting on matters in which they may have a financial, organizational, or personal interest.
		No trustee, officer, or employee of a for-profit corporation, limited liability company, or partnership having a business relationship with the charter school involving the provision of educational management services to the charter school shall serve as a voting member of the Board.

Complaint Process
The complaint process in the application must include the requirements of § 2855(4) of the statute, which provides as follows:
		Any individual or group may bring a complaint to the board of trustees of a charter school alleging a violation of the provisions of this article, the charter, or any other provision of law relating to the management or operation of the charter school. If, after presentation of the complaint to the board of trustees of a charter school, the individual or group determines that such board has not adequately addressed the complaint, they may present that complaint to the charter entity, which shall investigate and respond. If, after presentation of the complaint to the charter entity, the individual or group determines that the charter entity has not adequately addressed the complaint, they may present that complaint to the Board of Regents, which shall investigate and respond. The charter entity and the Board of Regents shall have the power and the duty to issue appropriate remedial orders to charter schools under their jurisdiction to effectuate the provisions of this section.

Admission Policy
Section 2854(2)(a) of the statute provides that admission of students will not be limited on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, gender, national origin, religion, or ancestry, except that the statute does not prohibit single-sex charter schools or charter schools designed to provide expanded learning opportunities for students at-risk of academic failure. Accordingly, charter schools may not target, and the admission policy must not make reference to, among other things, students of a particular race, religion, or disability.
A charter school may limit admission to, or give an admissions preference to, students who are "at-risk of academic failure" (§ 2854(2) of the statute). The charter school’s definition of "at-risk" students must be objective and related to academic performance.
Section 2854(2)(b) of the statute provides as follows:
		Any child who is qualified under the laws of this State for admission to a public school is qualified for admission to a charter school. The school shall enroll each eligible student who submits a timely application, unless the number of applications exceeds the capacity of the grade level or building. In such cases, students shall be accepted from among applicants by a random selection process, provided, however, that an enrollment preference shall be provided to pupils returning to the charter school in the second or any subsequent year of operation and pupils residing in the school district in which the charter school is located, and siblings of pupils already enrolled in the charter school.
A charter school may not provide any admission preferences other than those set forth in the statute. Such practices as a charter school requiring that parents or guardians attend a meeting, be interviewed, or tour the facility as a condition for accepting an application are not permitted.
Charter schools in the New York City Public School District must provide an admissions preference based on school district residence to all students who reside in the New York City Public School District and may not give an admissions preference to students based on residence within a particular New York City community school district.

Special Education
Students with disabilities must have the opportunity to participate and progress in the general education curriculum, regardless of the setting where the special education services are provided. In addition, students with disabilities must participate in the State and district-wide assessments in accordance with their individualized education programs. The charter school must have procedures in place to ensure that all teachers and related staff who have responsibility for implementing a student’s IEP have access to the student’s IEP and are informed of their specific responsibilities for implementing the IEP.
Applicants must be very clear about their role and responsibilities concerning the provision of special education programs and services to students with disabilities. The statute states that special education programs and services must be provided by the charter school in accordance with the IEP that has been developed by the Committee on Special Education (CSE) of the child’s district of residence. Thus, charter schools have no authority to create their own CSEs, to conduct multi-disciplinary evaluations for the purpose of determining whether a student has a disability, to create or modify IEPs, or to change the type and/or level of programs and/or services that the student must receive per the IEP. A charter school is not the local education agency (LEA) for a student with a disability; the LEA is the child’s district of residence.
Charter schools do not have to comply with State laws or regulations governing special education. They must, however, comply with all federal requirements, and they are required to implement an IEP as written by the CSE of the child’s district of residence. For assistance, it is recommended that the applicants obtain a copy of the Individuals with Disabilities Education Act (IDEA), Part 300 of the Federal Regulations (34 CFR 300), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA) and the Family Educational Rights Privacy Act (FERPA) in order to be more familiar with these federal requirements.
To demonstrate compliance with federal requirements, the application should clearly articulate the policies and procedures the charter school will follow to ensure the federal requirements are met. The charter school application must include the following:
1.		A description of the admissions procedures that will be used that ensures equal access for students with disabilities.
		The statute states that any child who is qualified to attend public school in New York State is also qualified for admission into a charter school. A student cannot be denied admission to a charter school on the basis of his/her disability.
2.		A description of the special education and related services that the charter school will provide directly and those that will be provided by the student’s district of residence or other provider.
		While the exact needs of the students with disabilities may not be fully known until after all students have been accepted for admission, the charter school should demonstrate a capacity to address the needs of students with a broad range of disabilities and needs. The application should generally anticipate that approximately 10-12 percent of the students enrolled in the charter school would be students with disabilities. The charter school’s capacity to ensure that appropriate special education programs and services are provided to students with disabilities should be reflected in:
		a)	a description of the range of services to be provided (either directly, through the school district, or by contract). Note that charter schools are authorized to contract with private providers and the school district of residence, but they are not authorized to contract with BOCES;
		b)	how the facility's space plan will accommodate the programs and services outlined;
		c)	staffing patterns, including the qualifications of staff to ensure that special education services are provided by appropriately qualified staff; and,
		d)	the budget.
3.		A description of how the proposed charter school will coordinate and communicate with the student’s district of residence to ensure that the student receives special education programs and services in accordance with his or her IEP.
		It is recommended that such procedures include:
		a)	the designation of one individual to oversee the provision of special education programs and services. Such person could be the principal. It should be that person’s responsibility to coordinate the provision of services with the CSE of each student’s district of residence;
		b)	procedures to request and participate in CSE meetings; and
		c)	reporting procedures to the student’s CSE regarding a student’s participation and progress toward meeting his/her IEP goals.
4.		Procedures to ensure that the proposed charter school will ensure that the special education teacher(s) and/or other special education providers and at least one regular education teacher of a student with a disability will participate in CSE meetings.
5.		Procedures to ensure that all teachers and related staff who have responsibility for implementing a student’s IEP have access to the student’s IEP and are informed of their specific responsibilities for implementing the IEP.
6.		A description of staff development activities that ensure that charter school personnel understand the requirements and responsibilities relating to the education of students with disabilities, including but not limited to:
		a)	the referral process to the CSE;
		b)	development of a student’s IEP;
		c)	implementation of a student’s IEP;
		d)	evaluation of a student’s progress toward meeting IEP goals and objectives;
		e)	reporting requirements to parents and CSEs;
		f)	confidentiality and student records; and
		g)	discipline of students with disabilities.
7.		A description of the process and procedures to be followed to ensure that students suspected of having disabilities are referred to the CSE of the students’ district of residence.
8.		A description of the procedures to be followed that will ensure compliance with IDEA reporting requirements, such as information about student performance, services received, results, etc. The application should describe the personnel responsible and the resources to be used that will ensure that required data will be collected and reported as required by IDEA.
9.		A description of the processes to be followed that will ensure compliance with FERPA and IDEA regarding confidential student records. Such procedures must include, but are not limited to:
		a)	procedures to ensure all staff receive training regarding confidentiality requirements and procedures;
		b)	procedures to ensure that all confidential records are kept in a locked file; and
		c)	that only persons with a legitimate "need to know" have access. An access log should be maintained.
10.		The process and procedures to ensure that parents are kept informed of their child’s progress in meeting his/her IEP goals. The procedures must describe how parents will be regularly informed of their child’s progress, at least as often as parents are informed of non-disabled students’ progress toward the annual goals, and the extent to which that progress is sufficient to enable the student to achieve the goals by the end of the school year.

General Provisions Regarding Student Discipline
Section 2851(2)(h) of the statute requires the application to contain the rules and procedures by which students may be disciplined which shall be consistent with due process and with federal laws pertaining to students with disabilities. The following considerations are applicable to the discipline polices applying to all students.
The policy should set forth due process procedures for all disciplinary action, not just for the most serious forms of discipline such as out-of-school suspension and expulsion.
The policy should not refer to involuntary transfer as a discipline option because charter schools do not have the authority to implement an involuntary transfer.
The student discipline policy must state that the charter school will provide alternative instruction to students of compulsory education age. For students who have been suspended, the charter school must provide alternative instruction during the period of suspension. For students who have been expelled, the charter school must provide alternative instruction until the student enrolls in another school, or until the end of the school year, whatever comes first. Such alternative instruction must be sufficient to enable the student to make adequate academic progress. The mere provision of homework and/or assignments is inadequate. Assignment to a study hall or like situation is also insufficient.
Simply making reference to or adopting the discipline policy of a school district is not sufficient. The charter school must have its own discipline policy.

Discipline Provisions and Students with Disabilities
The application for charter schools must also include a description of how the charter school will meet the federal due process requirements for students with disabilities or students suspected of having a disability who are suspended or removed for disciplinary reasons. This includes how the charter school will meet all the provisions of Sections 300.519-300.529 of the Code of Federal Regulations. Such procedures must provide an overview of the disciplinary procedures of the charter school and must minimally include a description of how the charter school will:
	a)	ensure record keeping on the number of days a student with a disability has been suspended or removed for discipline reasons;
	b)	identify who has the authority to suspend or remove a student for discipline reasons;
	c)	ensure alternative instruction is provided for students of compulsory school age who are suspended or expelled;
	d)	ensure that parents and students with disabilities receive appropriate notification regarding suspensions or removals for disciplinary reasons;
	e)	ensure referral to and communication with the CSE from the student’s district of residence when a student with a disability has been suspended or removed for discipline reasons;
	f)	ensure that when a suspension or removal of a student with a disability constitutes a disciplinary change in placement:
		1)	the student is provided with a free appropriate public education (FAPE) as defined in the federal regulations;
		2)	the student is referred to the CSE for a functional behavioral assessment and behavioral intervention plan, and to make a manifestation determination; and
		3)	the student’s parent is provided with a copy of procedural due process rights.
	g)	ensure that when the suspension or removal of a student with a disability will constitute a disciplinary change of placement, the CSE is immediately notified so that the CSE can meet its obligations to:
		1)	convene a CSE meeting within 10 school days to make a manifestation determination;
		2)	convene a CSE meeting within 10 business days to conduct a functional behavioral assessment and develop a behavioral intervention plan;
		3)	provide the student’s parent with a copy of their procedural due process rights; and
		4)	determine education services or the interim alternative educational setting consistent with the FAPE requirements.

Fiscal Plans
All budget information must be presented using the form provided in the application. Please be sure to read and follow all directions. Be sure to use the adjusted per pupil expense (APE) per student for the district in which the charter school will be located, since enrollment preference must be given to students residing in the district of location. This information can be found at www.stateaid.nysed.gov/.
All audits must be conducted in accordance with Generally Accepted Auditing Principles (GAAP), per the Comptroller General of the United States.
Charter schools are public schools, but they are treated as if they were non-public schools for the provision of certain services, namely transportation, textbooks, library materials, computer software aid, and health and welfare services (see § 2853(4) of the statute). If the charter school wishes to request that the district of location provide such services, it must do so in the same manner as a non-public school. For assistance, it is recommended that the applicant obtain a copy of the Handbook on Services to Pupils Attending Nonpublic Schools from the Office for Nonpublic Schools at 518-474-3879.
Applicants must include a statement of the anticipated fiscal and programmatic impact of the charter school upon the public and non-public schools in the area, per § 2851(2)(q) of the statute. Applicants are encouraged to meet with public and non-public school officials in order to obtain the most accurate information.

Hiring and Personnel Policies and Procedures of the Charter School
Section 2851(2)(g) of the statute provides that the application will set forth the hiring and personnel policies and procedures of the charter school, including the qualifications to be used in the hiring of teachers, school administrators, and other school employees, and a description of staff responsibilities. Providing the hiring and personnel policies of an institutional partner or any other entity other than the charter school is insufficient.
Section 2854(3)(a-1) of the statute pertains to certification requirements for teachers and allows for up to 30 percent of the teaching staff, or five teachers, whichever is less, to be uncertified as long as such individuals satisfy the following statutory criteria: (i) uncertified teachers with at least three years of elementary, middle, or secondary classroom teaching experience; (ii) tenured or tenure-track college faculty; (iii) individuals with two years of satisfactory experience through the Teach for America program; and (iv) individuals who possess exceptional business, professional, artistic, athletic, or military experience. The application should discuss the school’s intentions concerning the employment of non-certified teachers.
All individuals who provide instruction directly to students must be counted as teachers for purposes of the statute’s teacher certification requirements.

Dissolution Procedures
Section 2851(2)(t) of the statute provides that the application must contain procedures to be followed in the case of the closure or dissolution of the charter school, including provisions for the transfer of students and student records to the school district in which the charter school is located and for the disposition of the school`s assets to the school district in which the charter school is located or another charter school located within the school district. The application’s dissolution provisions must follow the statutory requirements. For example, the application should not state that upon dissolution, student records will be transferred to the district of residence because the statute requires that upon dissolution student records will be transferred to the school district of location.

Facilities Plan
The buildings selected and/or modified must also meet architectural access requirements for persons with disabilities, as indicated in the Americans with Disabilities Act, and local building codes addressing architectural access. The facility must be able to accommodate the programs and services described in the application, including the special education programs and services. A certificate of occupancy must be obtained prior to the first day of instruction.

Transportation Plan
Charter schools are deemed non-public schools for purposes of Education Law § 3635, which governs the provision of transportation to non-public schools. Accordingly, applicants should review and be familiar with the requirements of Education Law § 3635. Section 2853(4)(b) of the statute provides that the application shall set forth the manner in which students ineligible for transportation pursuant to Education Law § 3635 shall be transported to school.
An acceptable format for explaining how the charter school students will be transported is as follows:
	"Charter School students will receive transportation services for which they are eligible under Education Law § 2853(4)(b) and § 3635. If a student is not eligible for such transportation, transportation for that student will be provided as follows: ________________________."

Community Support and Interest
Section 2851(2)(q) of the statute provides that the application must contain evidence of adequate community support for and interest in the charter school sufficient to allow the school to reach its anticipated enrollment. Although it is appropriate to include general letters of support for the charter school from community leaders and members, such letters of support are not sufficient. The statute requires evidence of interest in the charter school sufficient to reach its anticipated enrollment. Strong evidence of such support are the signatures of parents of children who would be eligible to attend the charter school affirming that such parents have an interest in sending their children to the proposed charter school.

Statement of Assurances
The Statement of Assurances must be signed and notarized by all of the applicants and all of the members of the proposed board of trustees. If an individual is both an applicant and a member of the proposed board of trustees, he or she must sign twice (i.e., once in his or her capacity as applicant and once in his or her capacity as a proposed member of the board of trustees.)

Donations
If the application contains a provision indicating that the charter school will accept donations to be used for the purpose articulated by the donor, the application should also indicate that such donations will be accepted only "to the extent permitted by law."

APPENDIX A
Crosswalk Chart for Curriculum

ENGLISH LANGUAGE ARTS

Grade	Standard Area Topic	Curriculum For each Standard Area Topic (bullet) describe what knowledge and skills students attain by the end of each grade or course.
Standard 1—Students will read, write, listen and speak for information and understanding.
	Read for information and understanding Write for information and understanding Listen for information and understanding Speak for information and understanding
Standard 2—Students will read, write, listen and speak for literary response and expression.
	Read for literary response and expression Write for literary response and expression Listen for literary response and expression Speak for literary response and expression
Standard 3—Students will read, write, listen and speak for critical analysis and evaluation.
	Read for critical analysis and evaluation Write for critical analysis and evaluation Listen for critical analysis and evaluation Speak for critical analysis and evaluation
Standard 4—Students will read, write, listen and speak for social interaction.
	Read for social interaction Write for social interaction Listen for social interaction Speak for social interaction

CAREER DEVELOPMENT AND OCCUPATIONAL STUDIES

Grade	Standard Area Topic	Curriculum For each Standard Area Topic (bullet) describe what knowledge and skills students attain by the end of each grade or course.
Standard 1—Students will be knowledgeable about the world of work, explore career options, and relate personal skills, aptitudes, and abilities to future career decisions.
	Career Planning Changing Roles of Men and Women Changing Workplace
Standard 2—Students will demonstrate how academic knowledge and skills are applied in the workplace and other settings.
	Application to "Real World" Settings
Standard 3a—Students will demonstrate mastery of the foundation skills and competencies essential for success in the workplace.
	Communication Skills Information Gathering Skills Problem Solving Skills Social Skills
Standard 3b—Students will choose a career major and will acquire the career-specific technical knowledge/skills necessary to progress toward gainful employment, career advancement, and success in postsecondary programs.
	Interpersonal Skills Interrelatedness of Business, Social, Economic Systems Resource Allocation Targeted Technical Knowledge/Skills

HEALTH, PHYSICAL EDUCATION, FAMILY & CONSUMER SCIENCES

Grade	Standard Area Topic	Curriculum For each Standard Area Topic (bullet) describe what knowledge and skills students attain by the end of each grade or course.
Standard 1—Personal Heath and Fitness—Students will have the necessary knowledge and skills to establish and maintain physical fitness, participate in physical activity and maintain personal health.
	human growth and development positive healthy behaviors basic motor and manipulative skills proficiency in complex motor and sport activities personal fitness programs good nutrition for appropriate diets healthy food preparation
Standard 2—A Safe and Healthy Environment—Students will acquire the knowledge and ability necessary to create and maintain a safe and healthy environment.
	responsible for personal and social behaviors care for the environment home and community safety
Standard 3—Resource Management—Students will understand and be able to manage their personal and community resources.
	influences of culture, media and technology on healthy families and communities informed and active consumers of community programs on physical fitness positive relationships in home, workplace and communities

LANGUAGES OTHER THAN ENGLISH

Grade	Standard Area Topic	Curriculum For each Standard Area Topic (bullet) describe what knowledge and skills students attain by the end of each grade or course.
Standard 1—Students will be able to use a language other than English for communication.
	Focus on Listening and Speaking Vocabulary Based on Topics of Instruction Culturally Based
Standard 2—Students will develop cross-cultural skills and understandings.
	Cross Cultural Comparisons Focus on Daily Life Activities

MATHEMATICS, SCIENCE AND TECHNOLOGY

Grade	Standard Area Topic	Curriculum For each Standard Area Topic (bullet) describe what knowledge and skills students attain by the end of each grade or course.
Standard 1—Students will use mathematical analysis, specific inquiry, and engineering design, as appropriate, to post questions, seek answers, and develop solutions.
	Mathematical Analysis Scientific Inquiry Engineering Design
Standard 2—Students will access, generate, process, and transfer information using appropriate technologies.
	Using Information Technology Impacts of Information Technology
Standard 3—Students will understand mathematics and become mathematically confident by communicating and reasoning mathematically, by applying mathematics in real-world settings, and by solving problems through the integrated study of number systems, geometry, algebra, data analysis, probability, and trigonometry.
	Mathematical Reasoning Number and Numeration Operations Modeling/Multiple Representation Measurement Uncertainty Patterns/Functions
Standard 4—Students will understand and apply scientific concepts, principles, and themes pertaining to the physical setting and living environment and recognize the historical development of ideas in science.
	Physical Setting Earth & celestial phenomena Interactions among air, water, land Properties of matter Energy Energy & matter interactions Living Environment Living things/non-living things (similarities & differences) Inherited genetic information Organisms/species change over time Continuity of life reproduction Organisms & dynamic equilibrium Dependence of plants & animals on each other & environment Impact of human activities on environment
Standard 5—Students will apply technological knowledge and skills to design, construct, use, and evaluate products and systems to satisfy human and environmental needs.
	Engineering Design Tools, resources & technological processes Computer technology Technological systems History & evolution of technology Management of technology
Standard 6—Students will understand the relationships and common themes that connect mathematics, science, and technology and apply the themes to these and other areas of learning.
	Systems Thinking Models Magnitude & scale Equilibrium & stability Patterns of change Optimization
Standard 7—Students will apply the knowledge and thinking skills of mathematics, science and technology to address real-life problems and make informed decisions.
	Using math, science & technology together to solve problems Using specific skills & strategies to solve interdisciplinary (MST) problems

SOCIAL STUDIES

Grade	Standard Area Topic	Curriculum For each Standard Area Topic (bullet) describe what knowledge and skills students attain by the end of each grade or course.
Standard 1—Students will use a variety of intellectual skills to demonstrate their understanding of major ideas, eras, themes, developments, and turning points in the history of the United States and New York.
	United States and New York History Intellectual skills* Belief systems Conflict Cultural identity, diversity, and interdependence
Standard 2—Students will use a variety of intellectual skills to demonstrate their understanding of major ideas, eras, themes, developments, and turning points in world history and examine the broad sweep of history from a variety of perspectives
	World History Intellectual skills Belief systems Conflict Cultural identity, diversity, and interdependence
Standard 3—Students will use a variety of intellectual skills to demonstrate their understanding of the geography of the interdependent world in which we live—local, national and global—including the distribution of people, places, and environments over the earth’s service.
	Local, National, and Global Spatial View Environment and society Intellectual Skills -- Human systems -- Physical systems

Standard 4—Students will use a variety of intellectual skills to demonstrate their understanding of how the United States and other societies develop economic systems and associated institutions to allocate scarce resources, how major decision making units function in the United States and other national economies, and how an economy solves the scarcity problem through market and nonmarket mechanisms.
	United States and Other Societies: Economics Intellectual skills Needs; wants Human, natural and capital resource allocation
Standard 5—Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the U.S. and other nations; the U.S. Constitution; the basic civic values of American constitutional democracy; and roles, rights, and responsibilities of citizenship, including avenues of participation.
	New York, United States, and World Government Intellectual skills Citizenship, civic values, government Human rights: justice Political systems Power

*Intellectual Skills: Critical thinking; information gathering and organization; multiple perspectives

THE ARTS

Grade	Standard Area Topic	Curriculum For each Standard Area Topic (bullet) describe what knowledge and skills students attain by the end of each grade or course.
Standard 1—Creating, Performing and Participating in the Arts—Students will actively engage in the processes that constitute creation and performance in the arts (dance, music, theatre, and visual arts) and participate in various roles in the arts.
	Dance Students will perform dance forms and understand choreography Music Students will play their own music and music written by others Theatre Students will create and perform theatre pieces Visual Arts Students use a variety of materials and techniques to create art
Standard 2—Knowing and Using Arts Materials and Resources—Students will be knowledgeable about and make use of the materials and resources available for participation in the arts in various roles.
	Dance, Music, Theatre & Visual Arts Students will Create and perform Access and use resources Attend events Be aware of career and recreational opportunities
Standard 3—Responding to and Analyzing Works of Art —Students will respond critically to a variety of works in the arts, connecting the individual work to other works and to other aspects of human endeavor and thought.
	Dance, Music, Theatre & Visual Arts Students will: Evaluate and interpret art forms Express opinions, using vocabulary of the art form Connect art form to other disciplines
Standard 4—Understanding the Cultural Dimensions and Contributions of the Arts—Students will develop an understanding of the personal and cultural forces that shape artistic communication and how the arts in turn shape the diverse cultures of past and present society.
	Dance, Music, Theatre & Visual Arts Students will: Know the art forms created around the world at different periods Understand the functions of the art form in the culture