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New York Charter Cap Status

May 2018

Q1: How many charters are left under the cap for NYC?
Currently, there are 38 charters available to be issued in NYC. Under legislation passed in the 2015 state legislative session, the charter school sub-cap for New York City increased to a maximum of 50 new charters, of which 16 remain. Also, as of 2015, the charter cap was revised to revive a subset of charters that had been previously issued and then were surrendered, revoked, or terminated prior to July 1, 2015. These 22 revived charters can be issued by either authorizer anywhere in the state, including New York City.

Q2: How many charters are left under the cap for areas outside of NYC?

Q3: Are conversion charters included in the cap?
No. Conversion charters remain unlimited and the Chancellor of the NYC Department of Education remains the exclusive authorizer for a conversion charter school in New York City; no school in NYC has converted since 2002.

Q4: Are there any restrictions on which authorizer—the SUNY Board of Trustees ("SUNY") or the Board of Regents (“Regents”) may issue a charter?
Under 2015 legislation, there are no longer any restrictions on the number of charters that may be issued by each authorizer so long as the total number of charters issued does not exceed the cap: 50 plus the 22 reinstated charters in NYC, and 109 outside of NYC.

Q5: What is the total number of charter schools that are either currently operating, approved to open, or remaining under the cap for NYC?
296: 216 charters are currently operating with 1 slated for closure at the end of the school year, 12 are scheduled to open in fall 2017, 24 have been approved, and 45 remain under the cap.

Q6: Why don't these figures add up to the total cap, or the total number of charter schools?
Charter schools that are closed or fail to open are counted against the cap. Charter schools that are converted district schools do not count against the cap.

Authorizer Issued Operating Remaining
SED/SUNY 286 234 147
NYC DOE 48 41 0
Buffalo 1 1 0
Total 335 276 147
*Under the 2015 legislative update, the statewide charter school cap of 460 has not changed, but it has effectively been increased by 22 as the new law has revived a subset of charters previously revoked (and which previously could not be used again).

Authorizer Issued Operating Remaining
SED/SUNY 213 182 45
NYC DOE 48 41 0
Total 261 223 45
Growth & Demand