New York

School Choice Policies

Charter School Choice

Do state statutes allow for charter schools?

Are for-profit charters allowed?


For profit entities or corporate entities may not submit an application to establish a charter school or operate or manage a school. However, charters may operate in conjunction with for-profit businesses: in this circumstance, a charter shall specify extent to which the entity participates in management of school.

2851.1: Eligible applicants; application; submission

Is there a cap on the number of charter schools?


Total number of charters statewide shall not exceed 460. No more than 50 charters granted shall be located in a city with population greater than 1 million.

2852.9(a): Issuance of charter

Are charters required to provide transportation for any students?


However, any supplemental transportation provided by a charter school shall comply with all transportation safety laws and regulations applicable to other public schools. May enter into contract for provision of supplemental transportation services to a charter school, and any such services shall be provided by the school district at cost.

2853.4(b): Charter School Organization; Oversight; Facilities. Public and private assistance to charter schools

Can charter schools employ uncertified teachers?


Teachers shall be certified in accordance with the requirements applicable to other public schools. Teachers can be employed: uncertified with at least 3 years of classroom teaching experience; tenured or tenure track college faculty; 2 years with TFA; possess exceptional business, professional, artistic, athletic, or military experience. Shall not have uncertified teachers in sum more than: 30% of teaching staff or 5 teachers (whichever is less); 5 teachers of STEM and CTE; 5 additional teachers.

2854.3.(a-1)(i-iv): General Requirements. School personnel.

Virtual School Choice

Do state statutes allow for full-time virtual schools?

Did not find-

We did not find anything about virtual schools in New York statutes. Education Commission of the States states that state law does not allow for virtual charter schools.

Education Commission of the States 50 State Comparison

Are virtual schools required to track attendance?

Did not find

Do virtual schools have to comply with state teacher certification requirements?

Did not find

Private School Choice

Do state statutes allow for voucher programs?


No voucher programs found.

EdChoice School Choice in America

Do state statutes allow for educational expense tax credits or deductions?


No educational expense tax credits or deductions found.

EdChoice School Choice in America

Can students use vouchers to attend religious schools?

Not Applicable

Is there a cap on the number of students or private schools participating in voucher programs?

Not Applicable

Are voucher students in private schools required to take any standardized tests?

Not Applicable

Can private schools be removed from voucher programs based on performance?

Not Applicable

Are private schools in voucher programs required to provide transportation?

Not Applicable

Interdistrict School Choice

Do state statutes allow for interdistrict choice?


Voluntary interdistrict urban-suburban transfer program: "A school district which accepts pupils from another school district in accordance with a voluntary interdistrict urban-suburban transfer program designed to reduce racial isolation which is approved by the commissioner in accordance with regulations adopted by him for such purpose shall be eligible for aid pursuant to this subdivision."

3602.15.a: Voluntary interdistrict urban-suburban transfer program aid.

Are receiving schools or districts required to provide transportation to any students?


Approved cost of the transportation of pupils in a voluntary interdistrict transfer program approved by the commissioner shall be used in computing approved transportation expense.

3602.15.d: Voluntary interdistrict urban-suburban transfer program aid.

Page last updated: January 2020

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The content contained herein is currently under review by state policy experts. This beta version of the Policy Map provides a snapshot of school choice policy found in laws passed by the legislative bodies, for all 50 states and Washington, D.C., based on information gathered from state statutes. This information is current through the second legislative session of 2019. The information contained here does not reflect state Department of Education administrative policies, rules, or regulations. Additionally, the information on this website does not constitute legal advice. All content on this site is provided for informational purposes only. As previously indicated, information on this site may not include the most up-to-date policy information. This site contains links to other third-party websites. Such links are for the user’s convenience; neither REACH nor any affiliated entities endorse the contents of third-party sites.