When the teacher's union rule the education system.

De Blasio administration violated law over charter schools

By Carl Campanile

August 28, 2015 | 2:01am

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Mayor Bill de Blasio Photo: AP

The de Blasio administration violated state law by refusing to guarantee space to new and expanding charter schools — leading the schools to file appeals that they won in almost every single case, records show.

Forty-five charters filed appeals with the state after being turned down for “co-location” space in city-owned buildings.

In 44 of the 45 cases, the state education commissioner ruled in their favor, a Post review revealed.

Under state law, if the city Education Department rejects proposals to share space in public-school facilities, it is still legally obligated to pay charter schools to lease privately owned buildings.

In one case, the Grand Concourse Academy Charter School in The Bronx asked to add grades 6 through 8 to its existing K-to-5 program.

“We will not be offering space at this time,” the city responded on May 18.

Grand Concourse Academy appealed, and state Education Commissioner Mary Ellen Elia ruled in its favor on July 10.

“DOE is obligated to pay for the facilities for the charter school’s grade- level expansion,” Elia said.

Grand Concourse Academy Charter SchoolPhoto: Google Earth 

In each case, the city requested that the appeals be tossed out.

In her decisions, the education commissioner cited the charter-school siting law approved by Gov. Cuomo and the Legislature last year.

The city even sought to block the siting of new charter schools specifically created to help the most academically troubled students.

The city insisted it is abiding by the siting rules following appeals.

“We have a clear process in place and have been and continue to comply with the state law to provide space or rental assistance for eligible charter schools,” said DOE spokeswoman Devora Kaye.

The city will have to pay an estimated $40 million to cover the leases of charter schools in private facilities by 2016-2017, according to some estimates.

Bronx state Sen. Ruben Diaz claimed the city rejected space for political reasons, to appease critics of charter schools. Other sources say there are legitimate space constraints.

“This was a charade,” Diaz said. “Charter schools have proven to be good for black and Hispanic children. Why wouldn’t you want them?”