Establishes a moratorium on charter school applications in the counties of Nassau and Suffolk and suspends the granting of charters for a two year period commencing July 31, 2009 through July 31, 2011; allows the local legislative body to enact legislation for the removal of such moratorium; further provides for the repeal of such provisions on July 31, 2011.
S T A T E O F N E W Y O R K
________________________________________________________________________
3277
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
___________
Introduced by M. of A. EDDINGTON -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to suspending the grant-
ing of charters and establishing a moratorium on charter school appli-
cations in the counties of Nassau and Suffolk; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Moratorium imposed on charter school applications in the
counties of Nassau and Suffolk. Notwithstanding any other provision of
law, on and after July 31, 2009, no application to establish a charter
school in the counties of Nassau and Suffolk shall be accepted or acted
upon by a charter granting entity. The purpose of this moratorium is to
suspend the charter school application process in such counties. The
moratorium shall not affect any proposed charter school in such counties
that has been granted a charter and has not commenced classes prior to
the school calendar year commencing September, 2009. The moratorium in
such counties shall continue in existence until July 31, 2011, or until
the local legislative body determines, through legislative action, that
the demands for charter schools warrant the removal of such moratorium.
S 2. Section 2851 of the education law is amended by adding a new
subdivision 1-a to read as follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ON AND AFTER
JULY THIRTY-FIRST, TWO THOUSAND NINE, NO APPLICATION TO ESTABLISH A
CHARTER SCHOOL IN THE COUNTIES OF NASSAU AND SUFFOLK SHALL BE ACCEPTED
OR ACTED UPON BY A CHARTER GRANTING ENTITY. THE MORATORIUM SHALL NOT
AFFECT ANY PROPOSED CHARTER SCHOOL IN SUCH COUNTIES THAT HAS BEEN GRANT-
ED A CHARTER AND HAS NOT COMMENCED CLASSES PRIOR TO THE SCHOOL CALENDAR
YEAR COMMENCING SEPTEMBER, TWO THOUSAND NINE. THE MORATORIUM IN SUCH
COUNTIES SHALL CONTINUE IN EXISTENCE UNTIL JULY THIRTY-FIRST, TWO THOU-
SAND ELEVEN, OR UNTIL THE LOCAL LEGISLATIVE BODY DETERMINES, THROUGH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04612-01-9
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