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Charter School Audit Guide

Audit Guide (Updated July 2018)

In New York State, charter schools are defined as 鈥渋ndependent and autonomous public schools鈥漚nd are authorized by the New York Charter Schools Act of 1998 (Article 56 of the New York State Education Law). New York State charter schools are legally organized as not-for-profit education corporations to the terms of a contractual agreement, or charter, between the school and the chartering entity which approved the school鈥檚 application for a charter. Charter schools are non-sectarian, tuition-free, open to all students residing in the State, governed by the school鈥檚 own self-selecting board of trustees, and independent of existing school districts.

The Charter Schools Act authorizes several entities as 鈥渃hartering entities鈥� or 鈥渁uthorizers鈥� that can receive and approve applications for charters and then conduct oversight and evaluation of the charter schools that the entity has approved.听 Prior to 2010, the Act authorized the Board of Regents and the Board of Trustees of the State University of New York as statewide chartering entities and all local boards of education as chartering entities for their respective school districts.听 Amendments to the Act in 2010 removed the authority of local boards of education to approve applications for new charters although those boards remain the chartering entities for any charter schools they had previously authorized (only the New York City Chancellor, on behalf of the New York City Department of Education and the Buffalo Board of Education have exercised the option to approve charter schools in their districts).听 All applications for new charters must now be submitted to either the Board of Regents or the SUNY Board of Trustees.听In addition, local boards of education continue to have the authority to approve applications for the conversion of existing public schools to charter schools within their respective school districts.

About the Guide

The Charter Schools Act requires that a charter school be subject to the financial audits, the audit procedures, and the audit requirements described in its charter. The procedures and standards must be applied consistent with Generally Accepted Auditing Standards (GAAS) and Generally Accepted Government Auditing Standards (GAGAS). Independent audits of financial statements are required at least once annually. The audits are required to be comparable in scope to those required of other public schools, keeping in mind that charter schools are required to follow the accounting standards set by the Financial Accounting Standards Board (FASB) and school districts are required to follow the accounting standards set by the Government Accounting Standards Board (GASB).

The Audit Guide was developed to provide assistance to auditors of charter schools authorized by the Board of Regents as well as for any charter school receiving federal Charter Schools Program funds through the Department. The guidance is focused on helping auditors understand the differences between charter schools and other non-profit entities, as well as providing specific guidance to auditors and charter school management about the form and content of reports and testing required by the Department and State education law for Regents-authorized charter schools.听 Other charter entities are encouraged to adopt the guide as they see fit.

Charter school administrators are encouraged to read the guide in order to understand the areas their independent auditor will be focusing on in addition to routine financial matters.

Applicability of New York State Freedom of Information Law (FOIL) and Open Meetings Law to Charter Schools

Education Law 搂2854(1)(e) states that Charter Schools are subject to the provisions of Article 6 (Freedom of Information Law) and Article 7 (Open Meetings Law) of the NYS Public Officers Law.

The includes information on the Freedom of Information Law (FOIL) and the Open Meetings Law, including a directory of advisory opinions issued by the Committee, Frequently Asked Questions on both laws, and links to a series of short, educational videos.

The Charter School Office strongly recommends that Charter School Applicants, as well as current Charter School Boards of Trustees and Administrators familiarize themselves with these laws to ensure that School policies and procedures are consist with both laws, and that meetings of the School鈥檚 Board of Trustees are conducted in compliance with the requirements of the Open Meetings Law. The full texts of both laws are available on the NYS Committee on Open Government鈥檚 website at the links below:

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Estado de Nueva York Ley de Libertad de Informaci贸n (FOIL) y la Ley de Reuniones Abiertas en Espa帽ol

Estado de Nueva York Ley de Libertad de Informaci贸n (FOIL) y la Ley de Reuniones Abiertas en Espa帽ol

Aplicabilidad de la Ley de Libertad de Informaci贸n (Freedom of Information Law, FOIL) y de la Ley de Reuniones Abiertas (Open Meetings Law) del Estado de Nueva York a las escuelas semiaut贸nomas (Charter Schools en ingl茅s) El art铆culo 2854(1)(e) de la Ley de Educaci贸n establece que las escuelas semiaut贸nomas est谩n sujetas a las disposiciones del Art铆culo 6 (Ley de Libertad de Informaci贸n) y del Art铆culo 7 (Ley de Reuniones Abiertas) de la Ley de Funcionarios P煤blicos del Estado de Nueva York (NYS Public Officers Law).

incluye informaci贸n sobre la Ley de Libertad de Informaci贸n (FOIL) y la Ley de Reuniones Abiertas, y contiene un directorio de asesoramiento publicado por el Comit茅, preguntas frecuentes sobre ambas leyes, y enlaces a una serie de videos cortos educativos.

La Oficina de Escuelas Semiaut贸nomas recomienda firmemente que tanto los solicitantes de escuelas semiaut贸nomas como el consejo de administraci贸n y los administradores de las escuelas semiaut贸nomas se familiaricen con estas leyes para asegurar que las pol铆ticas y procedimientos de la escuela cumplan ambas leyes, y que las reuniones del consejo de administraci贸n de la escuela se realicen en cumplimiento de los requisitos de la Ley de Reuniones Abiertas.

Los textos completos de ambas leyes est谩n disponibles en el sitio web del Comit茅 de Gobierno Abierto del Estado de Nueva York en los siguientes enlaces:

Yearly Fire Inspection of All Charter Schools

To:听School Leaders and Board Chairs of All Charter Schools
From:听Lisa Long, Executive Director
Date:听January 27, 2023
Subject:听Yearly Fire Inspection of New York City and Rest of State Charter Schools

All charter schools operating in New York State are required to have an initial fire inspection and valid Certificate of Occupancy prior to the use of any building to be occupied by anyone, including, but not limited to, children, faculty, and/or staff. Thereafter, charter schools are required to maintain a valid Certificate of Occupancy and must obtain annual fire inspections as a condition of operation. Fire inspection reports are required to be completed annually. Failure to meet these requirements can result in the immediate inability to continue to operate in the applicable facility.

Charter Schools in New York City

For charter schools in New York City Department of Education (NYCDOE) co-located space, the NYCDOE assumes all responsibility for the building, and no further action is needed from the school unless otherwise notified by the NYCDOE. All other charter schools located in New York City are responsible for ensuring that the initial and subsequent annual fire inspections occur. In New York City, annual fire inspections are conducted centrally by the FDNY Bureau of Fire Prevention, not the local fire precinct.

An initial fire inspection may be requested from the FDNY by calling the Public Buildings Unit at 718-999-2411 or you may request an inspection online by emailing听pbu_inspection@fdny.nyc.gov (link sends e-mail). Upon inspection by the FDNY, an A106 form will be issued (see sample below). It is this form, in New York City, that may be requested by your authorizer to verify that the charter school has met all fire inspection requirements.

After the initial fire inspection, the FDNY should automatically schedule fire inspections on an annual basis. If this fails to occur, it is the responsibility of the charter school to ensure that the FDNY is contacted annually, and a fire inspection takes place in the required time frame.

Rest of State Charter Schools

All Charter schools outside of New York City are required to hold emergency drills, and comply with annual fire inspection reporting requirements, as follows:

Schools chartered prior to 2010听are subject to local code enforcement rules and requirements, with the locality serving as the Authority Having Jurisdiction (AHJ). These schools are required to have an annual fire inspection, between July 1st and December 1st, after which the Nonpublic School Fire Inspection Report must be submitted to the 91社区 State Office of Religious and Independent Schools (SORIS) no later than December 16th each year through the . Hard copy paper inspection reports are no longer accepted by 91社区. For these purposes, the听Nonpublic School Fire Inspection Report听and Manual听are used.

Schools chartered after 2010听must adhere to the same requirements as all other public schools within New York State (and outside of New York City), with 91社区 Office of Facilities Planning serving as the AHJ.听 Prior to occupancy, all charter school buildings must obtain a valid Certificate of Occupancy from 91社区. These schools are required to have an annual fire inspection, and the due dates for these inspections are determined by the school鈥檚 geographic location within New York State. Hard copy paper inspection reports are no longer accepted by 91社区. Instead, each school must obtain a valid Certificate of Occupancy through the . The 91社区 Office of Facilities Planning can assist charter schools with any questions or comments about this process and can guide charter school representatives through submission of the required information, electronically, through the portal. Additional information on this process can be found at: .

Please note: Approval by the 91社区 Office of Facilities Planning is required whether or not the building is leased versus owned, and even if the school receives facility approval and/or a Certificate of Occupancy from the local jurisdiction.