S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7995
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2021
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to authorizing the trans-
   fer of a charter for charter schools designed to serve  students  with
   special needs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 2851  of  the  education  law,  as
 added  by  section  2  of  part  P of chapter 73 of the laws of 2016, is
 amended to read as follows:
   5. Notwithstanding any provision of law, rule  or  regulation  to  the
 contrary for a period of one year from the effective date of this subdi-
 vision, a charter school approved by a charter entity listed in subdivi-
 sion  three  of this section may apply at any time during this period to
 another charter entity, defined in paragraph (a), (b) or (c) of subdivi-
 sion three of this section to request such other charter entity to over-
 see and supervise such charter school. All  standards  and  requirements
 established  in  the  original  charter agreement shall remain in effect
 until the scheduled expiration of such charter  agreement  and  provided
 however  that  all obligations of the previous charter entity to oversee
 and supervise a charter school shall  terminate  upon  the  transfer  of
 authorization of such charter school to a new charter entity, as defined
 in  subdivision  five  of section twenty-eight hundred fifty-two of this
 article, and the previous charter entity shall provide in a timely fash-
 ion information relevant to the charter as requested by such other char-
 ter entity. A charter school that seeks to  change  its  charter  entity
 must  have  met  all other requirements of this article and cannot be in
 violation of any legal requirement, in probationary  status,  or  slated
 for  closure;  PROVIDED,  HOWEVER,  A CHARTER SCHOOL THAT IS DESIGNED TO
 SERVE STUDENTS WITH SPECIAL NEEDS, DEFINED AS  A  SCHOOL  WHICH  HAS  AT
 LEAST  FIFTY PERCENT OF ITS STUDENT POPULATION ENROLLED WITH AN INDIVID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11696-01-1

 A. 7995                             2
 
 UALIZED EDUCATION PLAN, APPROVED BY A CHARTER ENTITY LISTED IN  SUBDIVI-
 SION THREE OF THIS SECTION, MAY APPLY TO ANOTHER CHARTER ENTITY, DEFINED
 IN  PARAGRAPH  (A),  (B)  OR (C) OF SUBDIVISION THREE OF THIS SECTION TO
 OVERSEE AND SUPERVISE SUCH SCHOOL AT ANY TIME AND ALL THE OBLIGATIONS OF
 THE  PREVIOUS  CHARTER ENTITY TO OVERSEE AND SUPERVISE SUCH SCHOOL SHALL
 TERMINATE UPON THE TRANSFER OF AUTHORIZATION OF SUCH CHARTER SCHOOL TO A
 NEW CHARTER ENTITY.
   § 2. This act shall take effect immediately.