Charter School Office

NEW
Adding a Board of Trustee Member to an Existing
Board of Regents-Authorized Charter School

(Revised 1/7/15)

As per your charter agreement, Section 2 Governance: “Prior to the appointment or election of any individual to the Board who is not a Founding School Trustee, the Board must submit to SED (pursuant to and together with a duly approved resolution of the Board) the name of the proposed member of the Board and such individual must timely provide to SED, in writing and/or in person, such background information as SED shall require. A failure by the Board or the proposed member to timely provide the School Trustee Background Information to SED shall be grounds for rejection. If, at any time, the information provided for a prospective candidate to a Board of Trustees contains material misstatements or material omissions of fact, this shall constitute misconduct. Providing false, misleading, and/or incomplete information may lead to a withdrawal of the Department’s approval of a prospective candidate, nullifying that candidate’s appointment to the Board of Trustees. Each member of the Board of Trustees must immediately disclose the discovery of any misstatements or material omissions of fact related to the prospective candidate."

Prior to the submission of a request for SED approval, charter schools must conduct and provide for the cost of a background check via fingerprint scan for any prospective candidate that a Board of Trustees seeks to add. (See guidance for additional information.)

Please submit the following documentation for each applicant/candidate the Board of Trustees seeks to add:

  1. A formal letter (template requesting SED approval of a prospective candidate, including a formal Board of Trustees resolution incorporating the following specific voted language:

Motion [#]:  The [Name of Charter School] Board of Trustees, having conducted a thorough background check via a fingerprint scan as required and having discovered no State or federal criminal history, or having provided such history to SED if found, has voted to select [NAME OF PROPOSED BOARD MEMBER] as a final candidate to its Board of Trustees, with a term expiring on [DATE], pending approval by SED.  The resolution approving [NAME OF PROPOSED BOARD MEMBER] is formally adopted upon SED’s approval.

  1. New Applicant and Prospective School Trustee Background Information form Word Document, including a signed statement of assurance and a signed statement of intent - e-signature is acceptable
  2. Signed disclosure of financial interest Word Document e-signature is acceptable
  3. Resumé or curriculum vitae
  4. Transcript from highest degree-granting institution
  5. Minimum of three letters of reference from individuals not on the Board of Trustees
  6. By-laws showing:
    • Number of Board of Trustee members (minimum/maximum)
    • Types of representatives required (e.g., parent, teacher, community)
    • Member term limits
    • Committee structure
  7. Confirmation of background check via fingerprint scan and clearance to serve, outlining the results of the background check, if any
  8. Board of Trustees roster

A Charter School Office liaison will review the documentation and respond within 45 days of receiving the name of the proposed member and the required 10 documents referenced above from the Board Chair.  On behalf of the Department, the CSO Liaison will, in writing, reject or approve the proposed member. In the event that the Department does not provide in writing an approval or rejection within the 45 day time period, the proposed member may be seated by the Board.

Please e-mail the request and accompanying documentation to charterschools@nysed.gov with the Subject Line reading: New BOT Member Review: (Insert Charter School Name).

Last Updated: June 19, 2017