§ 2857. Notice; review and assessment. 1. The board of regents shall
distribute information announcing the availability of the charter school
process described in this article to each local school district and
public postsecondary educational institution. At each significant stage
of the chartering process, the charter entity and the board of regents
shall provide appropriate notification to the school district in which
the charter school is located and to public and nonpublic schools in the
same geographic area as the proposed charter school. Such notification
shall be provided by each charter entity within thirty days of its
receipt of an application for formation of a new charter school or for
renewal of an existing charter school, and at least forty-five days
prior to initial approval of the charter application by the charter
entity. Prior to the issuance, revision, or renewal of a charter, the
school district in which the charter school is located shall hold a
public hearing to solicit comments from the community in connection with
the foregoing. Such hearing shall be held within the community
potentially impacted by the proposed charter school. When a revision
involves the relocation of a charter school to a different school
district, the proposed new school district shall also hold such hearing.
In addition, such school districts shall be given an opportunity to
comment on the proposed charter to the charter entity and such charter
entity shall consider any comments raised and submit any such comments
to the board of regents with the application for issuance, revision, or
renewal of a charter.

1-a. In the event the school district fails to conduct a public
hearing, the board of regents shall conduct a public hearing to solicit
comments from the community in connection with the issuance, revision,
or renewal of a charter.

2. Each charter school shall submit to the charter entity and to the
board of regents an annual report. Such report shall be issued no later
than the first day of August of each year for the preceding school year
and shall be made publicly available by such date and shall be posted on
the charter school's website. The annual report shall be in such form as
shall be prescribed by the commissioner and shall include at least the
following components:

(a) a charter school report card, which shall include measures of the
comparative academic and fiscal performance of the school, as prescribed
by the commissioner in regulations adopted for such purpose. Such
measures shall include, but not be limited to, graduation rates, dropout
rates, performance of students on standardized tests, college entry
rates, total spending per pupil and administrative spending per pupil.
Such measures shall be presented in a format that is easily comparable
to similar public schools. In addition, the charter school shall ensure
that such information is easily accessible to the community including
making it publicly available by transmitting it to local newspapers of
general circulation and making it available for distribution at board of
trustee meetings.

(b) discussion of the progress made towards achievement of the goals
set forth in the charter.

(c) a certified financial statement setting forth, by appropriate
categories, the revenues and expenditures for the preceding school year,
including a copy of the most recent independent fiscal audit of the
school and any audit conducted by the comptroller of the state of New
York.

(d) efforts taken by the charter school in the existing school year,
and a plan for efforts to be taken in the succeeding school year, to
meet or exceed enrollment and retention targets set by the board of
regents or the board of trustees of the state university of New York, as
applicable, of students with disabilities, English language learners,
and students who are eligible applicants for the free and reduced price
lunch program established pursuant to paragraph (e) of subdivision four
of section twenty-eight hundred fifty-one of this article.

3. The board of regents shall report annually to the governor, the
temporary president of the senate, and the speaker of the assembly the
following information:

(a) The number, distribution, and a brief description of new charter
schools established during the preceding year;

(a-1) A list including the number of charter schools closed during the
preceding year, and a brief description of the reasons therefor
including, but not limited to, non-renewal of the charter or revocation
of the charter;

(b) The department's assessment of the current and projected
programmatic and fiscal impact of charter schools on the delivery of
services by school districts;

(c) The academic progress of students attending charter schools, as
measured against comparable public and nonpublic schools with similar
student population characteristics wherever practicable;

(d) A list of all actions taken by a charter entity on charter
application and the rationale for the renewal or revocation of any
charters; and

(e) Any other information regarding charter schools that the board of
regents deems necessary.

The format for this annual report shall be developed in consultation
with representatives of school districts and charter school officials.

4. The board of regents shall review the educational effectiveness of
the charter school approach authorized by this article and the effect of
charter schools on the public and nonpublic school systems. Not later
than December thirty-first, two thousand three, the board of regents
shall report to the governor, the temporary president of the senate, the
speaker of the assembly and the board of regents with recommendations to
modify, expand, or terminate that approach. Such report shall include,
for each charter school, a copy of the school's mission statement,
attendance statistics and dropout rates, student performance on
standardized assessment tests, projections of financial stability, and,
wherever practicable, comparisons to other public schools.

5. The board of regents shall on an annual basis review and make
available to school districts best educational practices employed by
charter schools.