According to the New York State Charter Schools Act of 1998,
An application to establish a charter school may be submitted by teachers, parents, school administrators, community residents or any combination thereof.
Admission of students shall not be limited on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed,
gender, national origin, religion, or ancestry; provided, however, that nothing in this article shall be construed to prevent the establishment of a single-sex charter school or a charter school designed to provide expanded learning opportunities for students at-risk of academic failure
Yet, Rev. Michel J. Faulkner of New Horizon Church Ministry in Harlem New York, was told by the state that, because Faulkner is a Reverend, his charter school was banned as a violation of church and state separation. The executive director of his charter school foundation, Jay Golub, responded "It’s purely discriminatory for the state to say a religious person can’t do a secular job."
A Harlem Church Sues to Operate Charter School