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UNDER THE EDUCATION LAW, A CHARTER SCHOOL HAS THE AUTHORITY TO OVERSEE ITS OWN PRE-KINDERGARTEN PROGRAM, THERE IS NO STATUTORY AUTHORITY FOR CONTROL OF THE PROGRAM BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT.

The Third Department, in a full-fledged opinion by Justice McCarthy, reversing the Commissioner (Education) and Supreme Court, determined the Education Law did not allow the Department of Education (DOE) to regulate every aspect of a charter school’s pre-kindergarten program. The relevant statute specifically allows the charter school to oversee its own program:

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Initially, Education Law § 3602-ee (12) unambiguously provides charter entities with authority in regard to the programming and operations of prekindergarten programs funded pursuant to the statute. It provides, in relevant part, that “charter schools shall be eligible to participate in universal full-day pre[]kindergarten programs under [Education Law § 3602-ee], provided that all such monitoring, programmatic review and operational requirements under [Education Law § 3602-ee] shall be the responsibility of the charter entity and shall be consistent with the requirements under [Education Law article 56]” (Education Law § 3602-ee [12]). In this context, the term “all” could refer to “the whole amount, quantity, or extent of,” or “as much as possible,” or “every” or “any whatever” … . Regardless of the exact word sense of “all” that the Legislature intended, under any applicable plain and obvious meaning of the term, the Legislature’s use of the term “all” tasked the charter entity with full responsibility for the relevant “monitoring, programmatic review and operational requirements” for the relevant prekindergarten programs (Education Law § 3602-ee [12]) … . The plain meaning of the provision in no way indicates that another entity — such as a school district — holds concurrent responsibility or authority in this regard, let alone superior authority. Matter of DeVera v Elia, 2017 NY Slip Op 04522, 3rd Dept 6-8-17

EDUCATION-SCHOOL LAW (UNDER THE EDUCATION LAW, A CHARTER SCHOOL HAS THE AUTHORITY TO OVERSEE ITS OWN PRE-KINDERGARTEN PROGRAM, THERE IS NO STATUTORY AUTHORITY FOR CONTROL OF THE PROGRAM BY THE DEPARTMENT OF EDUCATION)/CHARTER SCHOOLS (EDUCATION LAW, CONTROL OVER PROGRAMS, UNDER THE EDUCATION LAW, A CHARTER SCHOOL HAS THE AUTHORITY TO OVERSEE ITS OWN PRE-KINDERGARTEN PROGRAM, THERE IS NO STATUTORY AUTHORITY FOR CONTROL OF THE PROGRAM BY THE DEPARTMENT OF EDUCATION)

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