S T A T E O F N E W Y O R K
________________________________________________________________________
1861
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. NOLAN, O'DONNELL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 2851 of the education law, as
added by chapter 4 of the laws of 1998 and paragraph (a) as amended by
section 6 of part B of chapter 57 of the laws of 2008, is amended to
read as follows:
3. An applicant shall submit the application to a charter entity for
approval. For purposes of this article, a charter entity shall be:
(a) The board of education of a school district eligible for an appor-
tionment of aid under [subdivision four of] section thirty-six hundred
two of this chapter, provided that a board of education shall not
approve an application for a school to be operated outside the school
district's geographic boundaries and further provided that in a city
having a population of one million or more, the chancellor of any such
city school district shall be the charter entity established by this
paragraph;
(b) The BOARD OF REGENTS, FOR CHARTERS WHERE THE ORIGINAL CHARTER
ENTITY WAS THE board of trustees of the state university of New York; or
(c) The board of regents.
The board of regents shall be the only entity authorized to issue a
charter pursuant to this article. Notwithstanding any provision of this
subdivision to the contrary, an application for the conversion of an
existing public school to a charter school shall be submitted to, and
may only be approved by, the charter entity set forth in paragraph (a)
of this subdivision. Any such application for conversion shall be
consistent with this section, and the charter entity shall require that
the parents or guardians of a majority of the students then enrolled in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01392-01-9
A. 1861 2
the existing public school vote in favor of converting the school to a
charter school.
S 2. Subdivision 5-b of section 2852 of the education law, as added by
chapter 4 of the laws of 1998, is amended to read as follows:
5-b. If the board of regents returns a proposed charter to the charter
entity pursuant to the provisions of subdivision five-a of this section,
such charter entity shall reconsider the proposed charter, taking into
consideration the comments and recommendation of the board of regents.
Thereafter, the charter entity shall resubmit the proposed charter to
the board of regents with modifications, provided that the applicant
consents in writing to such modifications, resubmit the proposed charter
to the board of regents without modifications, or abandon the proposed
charter. The board of regents shall review each such resubmitted
proposed charter in accordance with the provisions of subdivision five-a
of this section[; provided, however, that it shall be the duty of the
board of regents to approve and issue a proposed charter resubmitted by
the charter entity described in paragraph (b) of subdivision three of
section twenty-eight hundred fifty-one of this article within thirty
days of the resubmission of such proposed charter or such proposed char-
ter shall be deemed approved and issued at the expiration of such peri-
od].
S 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.