Justice Peter Moulton
Petitioners in an Article 78 proceeding sought declaratory and injunctive relief concerning the award of a school charter to respondent Brooklyn Success Academy 3 (BSA). Petitioners are parents of students who attend public schools in Community School District 15, the district where BSA 3 has been sited by the City’s Department of Education (DOE). A number of petitioners have children in schools housed in the school building denominated K293, the building where the DOE has decided to “co-locate” BSA 3 with other schools. Petitioners argued that the move to another Community School District requires a revision of BSA 3′s charter. However, petitioners’ primary claim as stated in their proposed amended petition is that the Education Law mandates community input before a charter school may be approved. The court determined that, as petitioners are not part of a “community” in a new school district within the meaning of Education Law §2852(7)(b), they do not have standing under that section to challenge the respondents’ failure to require a new analysis of community support and a revision of BSA 3′s charter. The court therefore denied the petition and dismissed the proceeding.
