(b-1) An education corporation operating a charter school shall be authorized to operate more than one school or house any grade at more than one site, provided that a charter must be issued for each such additional school or site in accordance with the requirements for the issuance of a charter pursuant to this article and that each such additional school or site shall count as a charter issued pursuant to subdivision nine of section twenty eight hundred fifty-two of this article; and provided further that:

1. (A) a charter school may operate in more than one building at a single site; and
2. (B) a charter school which provides instruction to its students at different locations for a portion of their school day shall be deemed to be operating at a single site.

3. Facilities. (a) A charter school may be located in part of an existing public school building, in space provided on a private work site, in a public building or in any other suitable location. Provided, however, before a charter school may be located in part of an existing public school building, the charter entity shall provide notice to the parents or guardians of the students then enrolled in the existing school building and shall hold a public hearing for purposes of discussing the location of the charter school. A charter school may own, lease or rent its space.

1. (a-1)

   1. (i) For charters issued pursuant to subdivision nine-a of section twenty-eight hundred fifty-two of this article located outside a city school district in a city having a population of one million or more inhabitants, the department shall approve plans and specifications and issue certificates of occupancy for such charter schools. Such charter schools shall comply with all department health, sanitary, and safety requirements applicable to facilities and shall be treated the same as other public schools for purposes of local zoning, land use regulation and building code compliance. Provided however, that the department shall be authorized to grant specific exemptions from the requirements of this paragraph to charter schools upon a showing that compliance with such requirements creates an undue economic hardship or that some other good cause exists that makes compliance with this paragraph extremely impractical. A demonstrated effort to overcome the stated obstacles must be provided.
   2. (ii) In a city school district in a city with a population of one million or more, all charters authorized to be issued by the chapter of the laws of two thousand ten which amended this subdivision shall be obligated to comply with the department's health, safety and sanitary requirements applicable to facilities to the same extent as non-charter public schools in such a city school district.
   3. (a-2) A charter school shall be deemed a nonpublic school for purposes of local zoning, land use regulation and building code compliance if it has been granted an exemption by the department pursuant to paragraph (a-1) of this subdivision or if its charter was not issued pursuant to subdivision nine-a of section twenty-eight hundred fifty-two of this article. (a-3)(1) Before a charter school may be located or co-located in an existing public school building in a city school district in a city having a population of one million or more inhabitants, the chancellor shall identify which public school buildings may be subject to location or co-location, provide the rationale as to why such public school building is identified for location or co-location and shall make all such information publicly available, including via the city board's official internet website. In addition, the chancellor shall provide widespread notice of such information including to the community superintendent, community district education council and the school-based management team. After a public school building has been selected for a proposed location or co-location, the chancellor shall develop a building usage plan in accordance with this paragraph.

   4. (2) The building usage plan shall be developed by the chancellor for each school that has been definitively identified for a location or co-location. The building usage plan shall include, but need not be limited to, the following information:

      1. (A) the actual allocation and sharing of classroom and administrative space between the charter and non-charter schools;
      2. (B) a proposal for the collaborative usage of shared resources and spaces between the charter school and the non-charter schools, including but not limited to, cafeterias, libraries, gymnasiums and recreational spaces, including playgrounds which assures equitable access to such facilities in a similar manner and at reasonable times to non-charter school students as provided to charter school students;
      3. (C) justification of the feasibility of the proposed allocations and schedules set forth in clauses (A) and (B) of this subparagraph and how such proposed allocations and shared usage would result in an equitable and comparable use of such public school building;
      4. (D) building safety and security;
      5. (E) communication strategies to be used by the co-located schools; and
      6. (F) collaborative decision-making strategies to be used by the co-located schools including the establishment of a shared space committee pursuant to paragraph (a-four) of this subdivision.
   5. (3) A building usage plan developed by the chancellor in accordance with this paragraph shall be included within the educational impact statement required by paragraph (b) of subdivision two-a of section twenty-five hundred ninety-h of this title and be subject to the requirements of subdivision two-a of such section prior to approval by the board of education pursuant to paragraph h of subdivision one of section twenty-five hundred ninety-g of this title.
   6. (4) A building usage plan developed by the chancellor in accordance with this paragraph may be revised and such revision shall require board of education approval consistent with the requirements pursuant to subdivision seven of section twenty-five hundred ninety-g of this title.
   7. (5) The building usage plan shall be made publicly available by the chancellor, including via the city board's official internet website, and a copy shall also be filed with the city board, the impacted community district education council, community boards, community superintendent, and school based management team.
   8. (a-4) In a city school district in a city having a population of one million or more inhabitants, a shared space committee shall be established in each public school building in which one or more charter schools are located or co-located within a public school building with non-charter public schools. The shared space committee shall be comprised of the principal, a teacher, and a parent of each co-located school. Such committee shall conduct regular meetings, at least four times per school year, to review implementation of the building usage plan developed pursuant to paragraph (a-three) of this subdivision.
   9. (a-5) Notwithstanding any provision to the contrary, in a city school district in a city having a population of one million or more inhabitants, the determination to locate or co-locate a charter school within a public school building and the implementation of and compliance with the building usage plan developed pursuant to paragraph (a-three) of this subdivision that has been approved by the board of education of such city school district pursuant to paragraph (h) of subdivision one of section twenty-five hundred ninety-g of this title and after satisfying the requirements of subdivision two-a of section twenty-five hundred ninety-h of this title may be appealed to the commissioner pursuant to section three hundred ten of this chapter. Provided further, the revision of a building usage plan approved by the board of education consistent with the requirements pursuant to subdivision seven of section twenty-five hundred ninety-g of this title may also be appealed to the commissioner on the grounds that such revision fails to meet the standards set forth in clause (B) of subparagraph two of paragraph (a-3) of this subdivision. Following a petition for such appeal pursuant to this paragraph, such city school district shall have ten days to respond. The petition must be dismissed, adjudicated or disposed of by the commissioner within ten days of the receipt of the city school district's response.
   10. (b) A charter school may pledge, assign or encumber its assets to be used as collateral for loans or extensions of credit; provided, however, that a charter school shall not pledge or assign monies provided, or to be provided, pursuant to subdivision one of section twenty-eight hundred fifty-six of this article in connection with the purchase or construction, acquisition, reconstruction, rehabilitation or improvement of a school facility.
   11. (c) The office of general services shall annually publish a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by the state and that may be suitable for the operation of a charter school. Such list shall be provided to applicants for charter schools and to existing charter schools. At the request of a charter school or a prospective applicant, a school district shall make available a list of vacant and unused school buildings and vacant and unused portions of school buildings, including private school buildings, within the school district that may be suitable for the operation of a charter school.
   12. (d) Notwithstanding any other provision to the contrary, in a city school district in a city having a population of one million or more inhabitants, the chancellor must first authorize in writing any proposed capital improvements or facility upgrades in excess of five thousand dollars, regardless of the source of funding, made to accommodate the co-location of a charter school within a public school building. For any such improvements or upgrades that have been approved by the chancellor, capital improvements or facility upgrades shall be made in an amount equal to the expenditure of the charter school for each non-charter public school within the public school building. For any capital improvements or facility upgrades in excess of five thousand dollars that have been approved by the chancellor, regardless of the source of funding, made in a charter school that is already co-located within a public school building, matching capital improvements or facility upgrades shall be made in an amount equal to the expenditure of the charter school for each non-charter public school within the public school building within three months of such improvements or upgrades.

   13. (e) In a city school district in a city having a population of one million or more inhabitants, charter schools that first commence instruction or that require additional space due to an expansion of grade level, pursuant to this article, approved by their charter entity for the two thousand fourteen--two thousand fifteen school year or thereafter and request co-location in a public school building shall be provided access to facilities pursuant to this paragraph for such charter schools that first commence instruction or that require additional space due to an expansion of grade level, pursuant to this article, approved by their charter entity for those grades newly provided.

       1. (1) Notwithstanding any other provision of law to the contrary, within the later of (i) five months after a charter school's written request for co-location and (ii) thirty days after the charter school's charter is approved by its charter entity, the city school district shall either: (A) offer at no cost to the charter school a co-location site in a public school building approved by the board of education as provided by law, or (B) offer the charter school space in a privately owned or other publicly owned facility at the expense of the city school district and at no cost to the charter school. The space must be reasonable, appropriate and comparable and in the community school district to be served by the charter school and otherwise in reasonable proximity.
       2. (2) No later than thirty days after approval by the board of education or expiration of the offer period prescribed in subparagraph one of this paragraph, the charter school shall either accept the city school district's offer or appeal in accordance with subparagraph three of this paragraph. If no appeal is taken, the city's offer or refusal to make an offer shall be final and non-reviewable. The charter school may appeal as early as issuance of an educational impact statement for the proposed co-location.
       3. (3) The charter school shall have the option of appealing the city school district's offer or failure to offer a co-location site through binding arbitration in accordance with subparagraph seven of this paragraph, an expedited appeal to the commissioner pursuant to section three hundred ten of this chapter and the procedures prescribed in paragraph (a-5) of this subdivision, or a special proceeding pursuant to article seventy-eight of the civil practice law and rules. In any such appeal, the standard of review shall be the standard prescribed in section seventy-eight hundred three of the civil practice law and rules.
       4. (4) If the appeal results in a determination in favor of the city school district, the city's offer shall be final and the charter school may either accept such offer and move into the space offered by the city school district at the city school district's expense, or locate in another site at the charter school's expense.

       5. (5) For a new charter school whose charter is granted or for an existing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity before October first, two thousand sixteen, if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter school an amount attributable to the grade level expansion or the formation of the new charter school that is equal to the lesser of:

          1. (A) the actual rental cost of an alternative privately owned site selected by the charter school or
          2. (B) twenty percent of the product of the charter school's basic tuition for the current school year and (i) for a new charter school that first commences instruction on or after July first, two thousand fourteen, the charter school's current year enrollment; or (ii) for a charter school which expands its grade level, pursuant to this article, before October first, two thousand sixteen, the positive difference of the charter school's enrollment in the current school year minus the charter school's enrollment in the school year prior to the first year of the expansion.
       6. (6) For a new charter school whose charter is granted or for an existing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity on or after October first, two thousand sixteen, if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter school an amount attributable to the grade level expansion or the formation of the new charter school that is equal to the maximum cost allowance established by the commissioner for leases aidable under subdivision six of section thirty-six hundred two of this chapter.
       7. (7) An arbitration in an appeal pursuant to this paragraph shall be conducted by a single arbitrator selected in accordance with this subparagraph from a list of arbitrators from the American arbitration association's panel of labor arbitrators, with relevant biographical information, submitted by such association to the commissioner pursuant to paragraph a of subdivision three of section three thousand twenty-a of this chapter. Upon request by the charter school, the commissioner shall forthwith send a copy of such list and biographical information simultaneously to the charter school and city school district. The parties shall, by mutual agreement, select an arbitrator from the list within fifteen days from receipt of the list, and if the parties fail to agree on an arbitrator within such fifteen day period or fail within such fifteen day period to notify the commissioner that an arbitrator has been selected, the commissioner shall appoint an arbitrator from the list to serve as the arbitrator. The arbitration shall be conducted in accordance with the American arbitration association's rules for labor arbitration, except that the arbitrator shall conduct a pre-hearing conference within ten to fifteen days of agreeing to serve and the arbitration shall be completed and a decision rendered within the time frames prescribed for hearings pursuant to section three thousand twenty-a of this chapter. The arbitrator's fee shall not exceed the rate established by the commissioner for hearings conducted pursuant to section three thousand twenty-a of this chapter, and the cost of such fee, the arbitrator's necessary travel and other reasonable expenses, and all other hearing expenses shall be borne equally by the parties to the arbitration.