Public Testimony from Julius Tajiddin
Regarding Charter Schools
Before the Education Committee,
Council Member Robert Jackson, Chair
March 2, 2010
Dear Committee:
It is very simple. A state agency, I.e., Department of Education, cannot advocate for charter schools and desire to put them in public school buildings with other public schools, yet allow them to function with unequal opportunity or unequally. One example of what I am talking about is: A charter school’s policy may be that no middle/high school class size will have more than 15 students per classroom in an average sized public school classroom space where basic classroom instruction is given. A public school using the same size class/space ratio with the same type of instruction is often times considered underutilized under the DOE’s current policy.
If the state agency is involved in this process under this example such an act or policy would be repugnant to the Constitution. It would also violate our city’s Human Rights law.
This is happening with the city’s public school property. However, we have current state law that is controlling enough to keep the DOE in check from doing this.
The New York Charter School Act (Article 56), § 2853. 1. (b-1) ( c ) - states that “A charter school shall be deemed an independent and autonomous public school, except as otherwise provided in this article. The charter entity and the board of regents shall be deemed to be the public agents authorized to supervise and oversee the charter school.” Emphasis added.
The word deemed in law means to treat as if. In other words a charter school is considered to be like a public school with a certain independence and autonomy. But there are exceptions.
At subdivision 3. Facilities. (a) it reads - “A charter school may be located in part of an existing public school building, in space provided on a private work site, in a public building or in any other suitable location. Provided, however, before a charter school may be located in part of an existing public school building, the charter entity shall provide notice to the parents or guardians of the students then enrolled in the existing school building and shall hold a public hearing for purposes of discussing the location of the charter school. A charter school may own, lease or rent its space. For purposes of local zoning, land use regulation and building code compliance, a charter school shall be deemed a nonpublic school.” (1) - footnote
In other words when it comes to putting a charter school in a public school building the charter school is not considered a public school and such a situation should be treated according to local land use regulations and other local law.
In other words when it comes to putting a charter school in a public school building the charter school is not considered a public school and such a situation should be treated according to local land use regulations and other local law.
In conclusion, the city council must enforce its authority and put the charter school public school issue when it comes to land use under its jurisdiction.
Thank you,
Julius Tajiddin
(1) - On May 28, 2010 the New York State Legislature amended the Charter School Law and enacted the Charter School Reform Act of 2010. Section 2853.3 now excludes the non-public school language and puts such language in a paragraph (a-2) adding - "...if it has been granted an exemption by the department pursuant to paragraph (a-1) of this subdivision or if its charter was not issued pursuant to subdivision nine-a of section twenty-eight hundred and fifty-two of this article."
