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New York Charter Cap Status

June 29, 2015

Q1: How many charters are left under the cap for NYC?
Under new legislation passed in the 2015 state legislative session, the charter school sub-cap for New York City has been increased, and now a maximum of 50 new charters have been allocated for potential use. 

Q2: How many charters are left under the cap for areas outside of NYC?
130*; though the number of charters available outside of New York City may be 131 as there is a question as to whether one recent charter was in fact issued.

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 the new 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 in NYC, and 130* 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?
279: 205 charters are currently operating, 24 have been approved, and 50 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 Available Issued Operating Additional Charters* Remaining
SED/SUNY 392 234 187 22 180
NYC DOE 67 67 63 0 0
Buffalo 1 1 1 0 0
Total 460 302 251 22 180
*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 Available Issued Operating Remaining
SED/SUNY 217 167 137 50
NYC DOE 67 67 63 0
Total 284 234 200 50
Growth & Demand