New York

School Choice Policies

Charter School Choice

Does the state have charter schools?

Are for-profit charter schools or management companies allowed?


"For-profit business or corporate entities shall not be eligible to... operate or manage a charter school for a charter issued pursuant to subdivision nine-a of section twenty-eight hundred fifty-two of this article. For charter schools established in conjunction with a for-profit business or corporate entity, the charter shall specify the extent of the entity's participation in the management and operation of the school."

2851.1: Eligible applicants; application; submission

Is there a cap on the number of charter schools?


The 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 one 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. 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?


"[T]eachers shall be certified in accordance with the requirements applicable to other public schools; provided, however,... a charter school may employ as teachers (i) uncertified teachers with at least three years of elementary, middle or secondary classroom teaching experience..."

2854.3.(a-1)(i): 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

Does the state have voucher programs?


No voucher programs found.

EdChoice School Choice in America

Does the state have educational expense tuition 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

Does the state have interdistrict choice programs?


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: December 2020

Click here to download the State Policy Spreadsheet. Click here to download the State Policy Map Data Memo.

Shape Created with Sketch.

We’re always looking for feedback. To get in touch with our team, please email comments or questions to Thank you!

The State 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 in fall 2019; data checks continued through December 2020. Information on this site may not include the most up-to-date policy information. The State Policy Map does not systematically reflect state Department of Education administrative policies, rules, or regulations. All content on this site is provided for informational purposes only. Links to third-party websites are for the user’s convenience; neither REACH nor any affiliated entities endorse the contents of third-party sites.

Note: On June 30, 2020, the U.S. Supreme Court ruled that Montana's exclusion of religious schools from the state's tax credit scholarship program was unconstitutional (Espinoza v. Montana Department of Revenue 591). The responses to the question "Can students use vouchers to attend religious schools?" were collected before this ruling and therefore do not reflect any changes resulting from the Espinoza decision.