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New York Charter Cap Status

December 2019

How many charters are left under the cap for NYC?
None. Currently there are no more 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 0 remain and revived 22 charters that had been previously issued and then were surrendered, revoked, or terminated prior to July 1, 2015. As of March 4, 2019, all 22 revived charters have been issued by either authorizer.

How many charters are left under the cap for areas outside of NYC?
There are currently 96 charters left under the cap for areas outside of NYC.

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.

Are there any restrictions on which authorizers—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.

View our Cap Fact Sheet

Charters Authorized/Operating in New York (Figures are based on the information provided by SUNY and SED)

New York State
Charter Authorizer Open with Students in SY 2019-20 Scheduled to Open in SY 2020-21 or Later Closed Total Authorized
Board of Regents 88 7 10 105
SUNY 186 28 23 237*
NYC-DoE 40 0 11 51
Buffalo BOE 2 0 0 2
Grand Total 316 35 44** 395***

*SUNY authorized charter schools that have been approved by SUNY but have not gone into effect via operation of law are not included in this figure
**4 out of 44 charter schools closed were conversion charter schools
***9 out of 395 authorized to date were conversion charter schools

New York City
Charter Authorizer Open with Students in SY 2019-20 Scheduled to Open in SY 2020-21 or Later Closed Total Authorized
Board of Regents 59 5 3 67
SUNY 161 27 8 196
NYC-DoE 40 0 11 51
Grand Total 260 32 22* 314**

*4 of the 22 charter schools closed were conversion charter schools
**8 of the 314 authorized to date were conversion charter schools

Type: 
Info
Topic: 
Governance,
Growth & Demand