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

                                  3344

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. CLARK, PEOPLES-STOKES -- Multi-Sponsored by -- M.
  of  A.  COLTON,  GLICK,  GOTTFRIED,  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
amended  by  chapter  101  of  the  laws  of 2010, 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, not-for-profit
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.  Provided
however, for-profit business or corporate entities shall not be eligible
to  submit  an  application  to  establish  a charter school pursuant to
subdivision nine-a of section twenty-eight  hundred  fifty-two  of  this
article,  or  operate  or  manage  a charter school for a charter issued
pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
of this article. [For charter 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]  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06570-01-1

              

A. 3344                             2

  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.