S T A T E O F N E W Y O R K
________________________________________________________________________
2999
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
___________
Introduced by M. of A. CLARK, JACOBS -- Multi-Sponsored by -- M. of A.
BRENNAN, GALEF, SWEENEY -- 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.
LBD06705-01-3
A. 2999 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.