S T A T E   O F   N E W   Y O R K
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                                  9413

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to increasing the cap  on
  the  total  number  of  charter  schools in the state to four hundred;
  permitting charter schools to house grades at additional sites; and in
  relation to the authorized period of incorporation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  9  of  section 2852 of the education law, as
amended by section 2 of part D-2 of chapter 57 of the laws of  2007,  is
amended to read as follows:
  9.  The total number of charters issued pursuant to this article shall
not exceed [two] FOUR hundred. [One] TWO hundred of such charters  shall
be issued on the recommendation of the charter entity described in para-
graph (b) of subdivision three of section twenty-eight hundred fifty-one
of  this article, and [one] TWO hundred of such charters shall be issued
on the recommendation of the other charter entities set forth in  subdi-
vision  three of section twenty-eight hundred fifty-one of this article,
provided that up to fifty of the additional charters  authorized  to  be
issued  by  [the]  chapter FIFTY-SEVEN of the laws of two thousand seven
[which amended this  subdivision  effective  July  first,  two  thousand
seven]  shall  be reserved for a city school district of a city having a
population of one million or more. The failure of any body to issue  the
regulations  authorized  pursuant  to  this  article  shall not [effect]
AFFECT the authority of a charter entity to propose  a  charter  to  the
board  of regents or the board of regents' authority to grant such char-
ter. A conversion of an existing public school to a  charter  school  or
the  renewal  or  extension of a charter shall not be counted toward the
numerical limits established by this subdivision.
  S 2. Paragraph (b-1) 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15078-01-9

A. 9413                             2

  (b-1) An education corporation operating a charter school shall not be
authorized to operate more than one school [or] BUT MAY BE AUTHORIZED TO
house any grade at more than one site[, provided that:
  (A)  a].  A CHARTER SCHOOL HOUSING TWO OR MORE GRADES AT MORE THAN ONE
SITE SHALL HAVE EACH SUCH ADDITIONAL SITE DEEMED AS A CHARTER ISSUED FOR
THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-
TWO  OF  THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAP-
TER, APPROVAL OF REVISIONS TO A CHARTER  OR  CHARTERS  TO  AUTHORIZE  AN
EDUCATION  CORPORATION  TO  HOUSE  ANY  GRADE OR GRADES AT MORE THAN ONE
SITE, INCLUDING THE MERGER OR CONSOLIDATION OF EXISTING EDUCATION CORPO-
RATIONS OPERATING CHARTER SCHOOLS TO  A  SINGLE  EDUCATION  CORPORATION,
SHALL  BE  MADE IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION SEVEN OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE. UPON SUCH MERGER
OR CONSOLIDATION, THE SURVIVING OR CONSOLIDATED  EDUCATION  CORPORATION,
PLUS  ANY  SUCH  ADDITIONAL  SITES,  SHALL  EACH BE COUNTED AS A CHARTER
ISSUED FOR THE PURPOSES OF  SUBDIVISION  NINE  OF  SECTION  TWENTY-EIGHT
HUNDRED FIFTY-TWO OF THIS ARTICLE. IF A CHARTER SCHOOL HAS EMPLOYEES WHO
ARE  MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION PURSUANT TO ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW THAT MERGES  OR  CONSOLIDATES  WITH  A
CHARTER  SCHOOL WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAIN-
ING ORGANIZATION, EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL
SHALL BE MEMBERS OF THE COLLECTIVE BARGAINING ORGANIZATION THAT  REPRES-
ENTED  LIKE  POSITIONS,  IF ANY, PRIOR TO THE MERGER OR CONSOLIDATION. A
charter school may operate in more than one building at a  single  site;
and
  [(B)]  a  charter school which provides instruction to its students at
different locations for a portion of their school day shall be deemed to
be operating at a single site; AND A CHARTER SCHOOL  OPERATING  AT  MORE
THAN  ONE  SITE  BUT  WHICH  HOUSES EACH GRADE AT A SINGLE SITE SHALL BE
DEEMED TO BE OPERATING AT A SINGLE SITE.
  S 3. 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 SCHOOL years IN  WHICH  INSTRUCTION
IS  PROVIDED  TO  PUPILS,  PLUS THE PERIOD COMMENCING WITH THE EFFECTIVE
DATE OF THE CHARTER AND ENDING  WITH  THE  OPENING  OF  THE  SCHOOL  FOR
INSTRUCTION.    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  SCHOOL  years, PLUS THE PERIOD, IF ANY, COMMENCING WITH THE EFFEC-
TIVE DATE OF THE RENEWAL CHARTER AND ENDING WITH THE FIRST  DAY  OF  THE
FIRST  FULL  SCHOOL  YEAR  IN  WHICH  INSTRUCTION  IS PROVIDED UNDER THE
RENEWAL CHARTER. 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 require-
ments of such section two hundred nineteen. It shall be the duty of  the
trustees  of  the  charter school to obtain federal tax-exempt status no
later than one year following approval of a charter school by the  board
of regents. For purposes of this article, "certificate of incorporation"

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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  4.  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
SCHOOL years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS, PLUS ANY  ADDI-
TIONAL PERIOD AUTHORIZED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
  S 5. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 8 to read as follows:
  (8) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTICLE
FIFTY-SIX  OF  THIS  CHAPTER,  TO PROVIDE SERVICES AS AUTHORIZED BY THIS
SECTION.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided  that section one of this act shall take
effect July 1, 2010.