Step 2: Prepare the Petition for Charter - Draft a petition to the NYSED Office of Counsel requesting a Provisional Charter under the Board of Regents. - The petition must include: Complete required forms such as the 21 Item Checklist, which addresses educational standards and organizational compliance.

Creating a nonprofit organization (NPO) via the New York State Education Department (NYSED), specifically through the Board of Regents charter process: Step 1: Determine Eligibility and Purpose - Ensure your organization qualifies as an education corporation (e.g., school, library, museum, historical society, public broadcasting). Define the organization’s educational or cultural mission clearly since this governs the chartering process.

Provisional Charter: Temporary, probationary status for new education corporations working toward meeting full Regents standards. Absolute Charter: Permanent status granted after demonstrating full compliance, stability, and achievement of educational goals. This two-step chartering system encourages growth and development while maintaining high educational and organizational standards in New York’s specialized education corporations. For official details and petitions, reference the NYS Education Law §217 and the Board of Regents’ Office of Counsel. Key Points - The Board of Regents issues either a “charter” or a “certificate of incorporation,” forming a nonprofit education corporation. - Educational organizations are governed as education corporations rather than typical nonprofit corporations in NYS. - Libraries and historical societies are treated as educational entities, not just nonprofits, and must charter through the Board of Regents. - Application petitions and supporting documents are filed with the NYS Education Department—not the Secretary of State. Museums and archives with significant collections require a Board of Regents charter.

- An absolute charter is a permanent incorporation granted when an organization has met all of the NYS Education Department standards, under the Board of Regents. - To qualify, the organization must demonstrate a proven record of financial stability, programmatic accomplishment, and public service aligned with its educational mission. - An absolute charter signifies full recognition by the Board of Regents as a permanent education corporation. - Organizations holding an absolute charter may state publicly that they are "Chartered by the Regents of the University of the State of New York." - Absolute chartered organizations are subject to ongoing reporting and regulatory oversight by the Regents, including submitting annual reports.

In New York State, the Board of Regents (Under the NYS Education Department) grants two main types of charters for educational corporations: Provisional Charters and Absolute Charters. - Provisional Charter - A provisional charter is a temporary incorporation granted for a probationary period, typically three to five years. - It is issued to newly formed educational organizations that demonstrate the potential to meet the Regents’ standards of quality but have not yet fully fulfilled all organizational and operational requirements. - During this time, the organization is expected to develop its governance, programmatic activities, financial stability, and compliance with Regents’ standards. - The provisional charter does not grant the power to confer degrees (if such powers exist). - At the end of the provisional period, the organization must petition either to extend the provisional charter or to receive an absolute charter.