S T A T E O F N E W Y O R K
________________________________________________________________________
7480
2009-2010 Regular Sessions
I N A S S E M B L Y
April 9, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to clarifying that five-
year charters for charter schools comprise five instructional years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (p) of subdivision 2 of section 2851 of the
education law, as added by chapter 4 of the laws of 1998, is amended to
read as follows:
(p) The term of the proposed charter, which shall not exceed five
years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS.
S 2. Paragraph (a) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(a) Upon the approval of a charter by the board of regents, the board
of regents shall incorporate the charter school as an education corpo-
ration for a term not to exceed five years IN WHICH INSTRUCTION IS
PROVIDED TO PUPILS. Such certificate of incorporation shall not modify
or limit any terms of the charter approved by the board of regents. Upon
approval of an application to renew a charter, the board of regents
shall extend the certificate of incorporation for a term not to exceed
five years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS. Upon termination
or nonrenewal of the charter of a charter school pursuant to section
twenty-eight hundred fifty-five of this article, the certificate of
incorporation of the charter school shall be revoked by the board of
regents pursuant to section two hundred nineteen of this chapter,
provided that compliance with the notice and hearing requirements of
such section twenty-eight hundred fifty-five of this article shall be
deemed to satisfy the notice and hearing requirements of such section
two hundred nineteen. It shall be the duty of the trustees of the char-
ter school to obtain federal tax-exempt status no later than one year
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10996-01-9
A. 7480 2
following approval of a charter school by the board of regents. For
purposes of this article, "certificate of incorporation" shall mean the
provisional charter issued by the board of regents to form the charter
school as an educational corporation pursuant to sections two hundred
sixteen and two hundred seventeen of this chapter.
S 3. This act shall take effect immediately.