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OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 8. EDUCATION DEPARTMENT

CHAPTER II. REGULATIONS OF THE COMMISSIONER

SUB-CHAPTER E. ELEMENTARY AND SECONDARY EDUCATION

Section 119.3. Charter school reporting requirements

No later than the first day of August of each year, each charter school shall submit to the Board of Regents and to the charter entity an annual report for the preceding school year, which shall include a charter school report card comprising the data set forth in subdivisions (a)-(c) of this section.

(a) Basic school information, forms and records. Each charter school shall report to the commissioner, in a time and format prescribed by the commissioner, basic school information data, including but not limited to the data required of other public schools, required by Federal law or regulation, and any other data elements prescribed by the commissioner.

(b) Student and staff data. Each charter school shall report to the commissioner the following data at a time and in a format prescribed by the commissioner:

(1) student enrollment by grade, gender, and race/ethnicity, and other subgroup populations as defined by the Department;

(2) data on students by district of residence;

(3) professional qualifications of each teacher, classes taught by each teacher, and any other staff data elements required for state and federal reporting purposes, data required by section 80-1.9 of this Chapter, and other such data as prescribed by the commissioner;

(4) data concerning students with limited English proficiency;

(5) the number of students identified as eligible for free- and reduced-lunches;

(6) data on technological and media resources;

(7) student attendance and suspension data; and

(8) any additional information prescribed by the commissioner comparable to the data required of the public schools or required by Federal or State law or regulation.

(c) Report of academic performance. Each charter school shall report to the commissioner the following data, in a format prescribed by the commissioner:

(1) electronic records, in a format prescribed by the commissioner, for each enrolled student who meets one or more of the criteria listed in section 100.2(b)(2)(ii), (iii) or (iv) of this Title:

(i) The student records shall contain such information, including student demographic data, services provided, performance on State assessments, credentials awarded, and documentation of transfers and dropouts for secondary level students, as the commissioner may require.

(ii) Before submitting each file, the principal of the charter school shall certify that the data submitted is complete and accurate and that the principal has had an opportunity to review the summary report for the charter school, based on the file and generated using Department-approved software.

(iii) The charter school files on record in the Department on the dates specified by the commissioner shall be used for all public reporting, including that pursuant to this section and for determining school/district accountability pursuant to section 100.2(p) of this Title.

(iv) The student files shall contain any additional information the commissioner may deem necessary and must be reported in a manner set forth by the department.

(2) for charter schools serving grades kindergarten through eight, the number of students who left the charter school during such school year and entered another school program or home schooling;

(3) the number of students who applied and the number who were admitted;

(4) student attendance and suspension data;

(5) violent and disruptive incidents; and

(6) any additional information prescribed by the commissioner comparable to data required of the public schools or required by Federal or State law or regulation.

(d) Report of fiscal performance. For school years prior to the 2019-2020 school year, each charter school shall report the following data, in a format prescribed by the commissioner:

(1) Revenues.

(i) Revenues from State sources, which shall mean any State-funded grants or other apportionments paid directly to the charter school by the State of New York.

(ii) Revenues from Federal sources, which shall mean any federally funded grants or other apportionments paid directly to the charter school by the Federal government or by the State of New York.

(iii) Basic operating revenues received from public school districts, which shall mean payments received by the charter school from public school districts based on the product of the adjusted expense per pupil and the current year resident enrollment in the charter school for all public school districts with resident pupils attending the charter school as such product is defined in section 119.1(d)(3)(i) of this Part, or based on any such reduced amounts payable to the charter school by a public school district pursuant to an agreement between the charter school and the charter entity as set forth in the charter.

(iv) Revenues received from public school districts as State aid attributable to pupils with disabilities, which shall mean any payments received from public school districts representing State aid attributable to a student with a disability attending a charter school as defined in section 119.1(b)(8) of this Part.

(v) Revenues received from public school districts as Federal aid attributable to pupils with disabilities, which shall mean any payments received from public school districts representing Federal aid attributable to a student with a disability attending a charter school as defined in section 119.1(b)(8) of this Part.

(vi) Other revenues from other public school districts, which shall mean any payments received from public school districts other than those revenues defined in subparagraph (iii), (iv) or (v) of this paragraph.

(vii) All other revenues, which shall mean any revenues received by the charter school other than those revenues defined in subparagraph (i), (ii), (iii), (iv), (v) or (vi) of this paragraph.

(2) Expenditures.

(i) Salaries, which shall mean the sum of the compensation paid to employees of the charter school for services performed in relation to those activities defined in paragraph (3) of this subdivision exclusive of the amounts paid for employee benefits. Salaries shall be reported by specific activity.

(ii) Employee benefits, which shall mean the charter school employer's share of any retirement, social security, workers' compensation, life insurance, unemployment insurance, disability insurance, hospital insurance, medical insurance, dental insurance, union welfare benefits or other benefits provided to the employees of the charter school as a condition of employment.

(iii) Other expense for specific activities, which shall mean any expenditures of the charter school related to those activities defined in paragraph (3) of this subdivision exclusive of salaries, employee benefits, debt service, operation and maintenance, capital expenditures, or expenditures for school lunch. Such other expense shall be reported by specific activity.

(iv) Debt service, which shall mean any expenditures for principal and interest on long term and short term obligations issued by the charter school.

(v) School lunch, which shall mean any expenditures associated with providing breakfast, milk or lunch to pupils attending the charter school.

(vi) Capital expense, which shall mean any capital outlay expenditures related to construction projects associated with the charter school.

(3) Salaries and other expense for specific activities shall be reported by the following activity classifications:

(i) General administration, which shall mean the administration and management of the charter school including, but not restricted to activities of the offices of the chief school officer, the treasurer, the finance or business officer, the purchasing unit, the employee personnel officer, the records management officer, or a public information and services officer. General administration also includes those administrative and management services provided by other organizations or corporations on behalf of the charter school for which the charter school pays a fee or other compensation. Direct administration of the instructional programs and services of the charter school and direct supervision of the instructional staff should not be included as general administration.

(ii) Instructional supervision, which shall mean the direct administration and management of the instructional programs and services of the charter school and the direct supervision of instructional staff, including, but not restricted to such functions as the office of a building principal, curriculum development, curriculum supervision, instructional research, planning and evaluation, and in-service training of the instructional staff of the charter school.

(iii) All other instruction, which shall mean those activities and functions related to the instructional programs and services of the charter school that are not related to instructional supervision, including, but not restricted to teaching of regular pupils, school library and audiovisual services, educational television, and computer assisted instruction.

(iv) Pupil services, which shall mean all pupil personnel services provided by the charter school, including, but not restricted to the functions of an attendance office, a guidance office, pupil health services, pupil psychological services, social work services, co-curricular activities, and interscholastic athletics.

(v) Services for pupils with disabilities, which shall mean those special education programs and services provided by the charter school to pupils with disabilities as specified in an individualized education program recommended by a committee on special education and approved by the board of education.

(vi) Pupil transportation services, which shall mean transportation services provided by the charter school to pupils attending the charter school, including, but not restricted to transportation to and from the charter school and the child's residence, transportation on field trips, and transportation to extracurricular activities or interscholastic events.

(vii) Community services, which shall mean community recreation programs, youth programs and other civic services provided by the charter school.

(viii) Operation and maintenance, which shall mean the repair, operating and maintenance services and programs required to maintain safe, secure and healthy facilities and learning environments for the charter school staff and students.

(4) Measures of per pupil expenditures.

(i) Enrollment, which shall mean enrollment for the preceding school year as defined in section 119.1(b)(3) of this Part.

(ii) Total expenditures, which shall mean the sum of all expenditures reported for the school year for general administration, instructional supervision, all other instruction, pupil services, services for pupils with disabilities, pupil transportation services, community services, operation and maintenance, employee benefits, debt service, school lunch, and capital expense.

(iii) Expenditures per pupil, which shall mean the quotient of total expenditures divided by enrollment, rounded to the next highest whole dollar.

(e) Report of fiscal performance. For the 2019-2020 school year and thereafter, each charter school shall submit school-level expenditure data to the Department pursuant to section 170.14 of this Chapter commencing on November 1, 2020 (using 2019-2020 school year data) and each November 1 thereafter (using the preceding school year's data) in accordance with the provisions of section 170.14 of this Chapter, or as otherwise prescribed by the commissioner.

(f) To satisfy the local report card requirements under section 1111(h)(2) of the No Child Left Behind Act, as amended by the Every Student Succeeds Act of 2015, 20 U.S.C. section 6311(h)(2), each charter school receiving Federal funding under title I must meet the requirements set forth in section 100.2(m)(4) of this Title.

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Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial, and are presented for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are current, complete and accurate. These regulations are subject to change on a regular basis. Readers are advised to consult Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the Department of State, and Ìýfor the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.