S T A T E O F N E W Y O R K
________________________________________________________________________
3749
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. CLARK, PEOPLES, GREENE, CARROZZA -- Multi-Spon-
sored by -- M. of A. COLTON, DIAZ, GLICK, GOTTFRIED, JOHN, LAVINE,
ROBINSON -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to eligibility to estab-
lish a charter school
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2851 of the education law, as
added by chapter 4 of the laws of 1998, is amended to read as follows:
1. An application to establish a charter school may be submitted by
teachers, parents, school administrators, community residents or any
combination thereof. Such application may be filed in conjunction with
a college, university, museum, educational institution, OR not-for-pro-
fit corporation exempt from taxation under paragraph 3 of subsection (c)
of section 501 of the internal revenue code [or for-profit business or
corporate entity authorized to do business in New York state. For char-
ter schools established in conjunction with a for-profit business or
corporate entity, the charter shall specify the extent of the entity's
participation in the management and operation of the school], AND
PROVIDED THAT UNDER NO CIRCUMSTANCES SHALL AN APPLICATION TO ESTABLISH A
CHARTER SCHOOL OR APPROVAL TO OPERATE A CHARTER SCHOOL BE GRANTED TO A
FOR-PROFIT BUSINESS OR CORPORATE ENTITY AUTHORIZED TO DO BUSINESS IN
THIS STATE NOR IN ANY MANNER WHATSOEVER SHALL THEY HAVE AN INVOLVEMENT
IN THE MANAGEMENT AND OPERATION OF A CHARTER SCHOOL.
S 2. This act shall take effect immediately, and shall apply to all
applications to establish a charter school pending or submitted prior to
such effective date and still pending as well as to all applications
submitted on or after the effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06014-01-9