S T A T E O F N E W Y O R K
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5177
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
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Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to authorizing charter
schools to house any grade at more than one site
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 and
a new paragraph (b-2) is added to read as follows:
(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 CHAR-
TER SCHOOL HOUSING ANY GRADE AT MORE THAN ONE SITE SHALL HAVE EACH SUCH
ADDITIONAL SITE DEEMED AS A CHARTER ISSUED FOR THE PURPOSES OF SUBDIVI-
SION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, APPROVAL OF
REVISION 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 CORPORATIONS 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. 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.
(B-2) IF A CHARTER SCHOOL HAS EMPLOYEES WHO ARE MEMBERS OF A COLLEC-
TIVE 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 BARGAINING ORGANIZATION,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11659-01-9
S. 5177 2
EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE MEMBERS
OF THE COLLECTIVE BARGAINING ORGANIZATION THAT REPRESENTED LIKE POSI-
TIONS, IF ANY, PRIOR TO THE MERGER OR CONSOLIDATION.
S 2. This act shall take effect immediately.