Senate Bill S5561A

2015-2016 Legislative Session

Relates to granting charter schools and charter school applicants right of first refusal and access to school facilities, property or land

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2016	print number 5561a
Feb 04, 2016	amend and recommit to education
Jan 06, 2016	referred to education
May 14, 2015	referred to education

Bill Amendments

Original

A (Active)

2015-S5561 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2853, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S825

2015-S5561 - Summary

Relates to granting charter schools and charter school applicants right of first refusal prior to any sale, lease, transfer or other disposition of school facilities, property or land; grants charter schools or charter school applicants access to unused school facilities, property or land.

2015-S5561 - Sponsor Memo

                                BILL NUMBER:S5561

TITLE OF BILL:

An act to amend the education law, in relation to charter school access
to unused school facilities, property or land

PURPOSE:

To provide the right of first refusal to charter schools in relation to
unused school facilities, properties or land.

SUMMARY OF PROVISIONS:

Section 1-Creates a right of first refusal for charter schools for
unused school property, requires a public and transparent process,
authorizes a municipality, school district, board of education or city
to negotiate agreements for maintenance and other costs with a charter
school, requires a charter school to being using the building or build-
ings in question within one year with certain exceptions and describes
the process for termination of use.

Section 2 -Sets forth the effective date

JUSTIFICATION:

Currently about 25,000 students attend charter schools in upstate New
York and that demand continues to grow. One of the biggest challenges
facing charter schools is a lack of available and affordable space,
especially space that is accessible and appropriate in order to best
facilitate student learning and growth. In Rochester for example, 22% of
school buildings are empty, and could easily be repurposed for use by
charter schools. Charter schools exist to provide parents a choice in
their children's education. When public school space is vacant and
available it provides a unique opportunity for those buildings to
continue to be used for their intended purpose under the auspices of a
Charter School. Charter schools are not at present eligible for building
aid, and therefore it seems appropriate at minimum to ensure that they
have access to unused school space.  Charter Schools exist to provide
parents with choice as it relates to their children's education and
future. That choice should not be limited especially when available
space exists and is instead lying vacant.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately

2015-S5561 - Bill Text download pdf

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

                                  5561

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 charter school  access
  to unused school facilities, property or land

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

  Section 1. Subdivision 3 of section  2853  of  the  education  law  is
amended by adding a new paragraph (f) to read as follows:
  (F)  IN  DISTRICTS  WITH  AN  EXISTING  CHARTER SCHOOL AS OF SEPTEMBER
FIRST, TWO THOUSAND FIFTEEN, EXCEPT THOSE LYING IN OR  COTERMINOUS  WITH
CITIES  HAVING  A  POPULATION  OF  ONE MILLION OR MORE, AND IN ALL OTHER
SMALL CITY SCHOOL DISTRICTS OPERATING PURSUANT TO ARTICLE  FIFTY-ONE  OF
THIS  CHAPTER,  CHARTER  SCHOOLS  AND CHARTER SCHOOL APPLICANTS SHALL BE
GRANTED THE RIGHT OF FIRST REFUSAL PRIOR TO ANY SALE,  LEASE,  TRANSFER,
OR  OTHER  DISPOSITION  OF  SCHOOL FACILITIES, PROPERTY OR LAND.   ADDI-
TIONALLY CHARTER SCHOOLS AND CHARTER SCHOOL APPLICANTS SHALL BE  GRANTED
ACCESS TO UNUSED SCHOOL FACILITIES, PROPERTY OR LAND.
  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE RIGHT OF
FIRST REFUSAL SHALL BE GRANTED PRIOR TO COMMENCING ANY ACTION IN ACCORD-
ANCE WITH SECTIONS FOUR HUNDRED TWO, FOUR HUNDRED THREE-A, FOUR  HUNDRED
THREE-B,  AND  FOUR  HUNDRED  FIVE  OF  THIS CHAPTER. A PARTY CONCEIVING
ITSELF AGGRIEVED BY A DISPUTE OVER THE APPLICATION  OF  THIS  PARAGRAPH,
INCLUDING  PROCEDURES PERTAINING TO AND ULTIMATE DECISIONS OVER GRANTING
ACCESS, SHALL BE SETTLED BY APPEAL  TO  THE  COMMISSIONER  OF  EDUCATION
PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER.
  (1)  A  CITY,  MUNICIPALITY OR BOARD OF EDUCATION OF A SCHOOL DISTRICT
SHALL IMPLEMENT AND ADMINISTER THE PROVISIONS OF  THIS  PARAGRAPH  IN  A
PUBLIC AND TRANSPARENT MANNER.
  (2) THE USE OF SCHOOL FACILITIES, PROPERTY OR LAND SHALL BE OFFERED TO
CHARTER SCHOOLS OR CHARTER SCHOOL APPLICANTS AT NO COST OR FOR A NOMINAL
FEE  OF  ONE DOLLAR PER YEAR. A CITY, MUNICIPALITY OR BOARD OF EDUCATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11167-01-5

S. 5561                             2

OF A SCHOOL DISTRICT AND A CHARTER SCHOOL SHALL NEGOTIATE  AN  AGREEMENT
FOR ACCESS TO AND USE OF SCHOOL FACILITIES, PROPERTY OR LAND. THE AGREE-
MENT SHALL IDENTIFY THE PARTY RESPONSIBLE FOR MAINTENANCE AND OPERATIONS
AND ASSOCIATED COSTS.
  (3)  A CHARTER SCHOOL THAT HAS BEEN GRANTED ACCESS TO A SCHOOL FACILI-
TY, PROPERTY OR LAND IN ACCORDANCE WITH THIS PARAGRAPH SHALL BE  ALLOWED
UNINTERRUPTED  ACCESS  FOR  AS  LONG AS THE SCHOOL HAS AN ACTIVE CHARTER
AGREEMENT.
  (4) IF A CHARTER SCHOOL OR CHARTER SCHOOL APPLICANT HAS  BEEN  GRANTED
ACCESS TO A SCHOOL FACILITY, PROPERTY OR LAND AND HAS NOT BEGUN USING IT
FOR THE PURPOSE OF EDUCATING STUDENTS WITHIN ONE YEAR, THE SCHOOL FACIL-
ITY,  PROPERTY  OR  LAND SHALL BE DEEMED UNUSED AND THE AGREEMENT MAY BE
TERMINATED. IF THE SCHOOL FACILITY, PROPERTY OR LAND  REQUIRES  SUBSTAN-
TIAL  RENOVATION  OR  OTHER  REASONABLE  DELAYS  IMPEDE  ITS USE FOR THE
PURPOSE OF EDUCATING STUDENTS, THEN, BY MUTUAL AGREEMENT, AN  ADDITIONAL
YEAR  SHALL  BE GRANTED BEFORE SUCH SCHOOL FACILITY, PROPERTY OR LAND IS
DEEMED UNUSED.
  IF A CHARTER SCHOOL NO LONGER NEEDS  OR  WANTS  THE  SCHOOL  FACILITY,
PROPERTY  OR LAND, OR THE CHARTER APPLICANT GROUP IS NOT GRANTED A CHAR-
TER, THE AGREEMENT MAY BE TERMINATED. A CHARTER  SCHOOL  MAY  NOT  SELL,
LEASE,  TRANSFER OR OTHERWISE DISPOSE OF A SCHOOL FACILITY THAT HAS BEEN
ACCESSED IN ACCORDANCE WITH THIS PARAGRAPH WITHOUT THE  WRITTEN  CONSENT
OF  THE CITY, MUNICIPALITY OR BOARD OF EDUCATION FROM WHICH THE PROPERTY
WAS TRANSFERRED.
  S 2. This act shall take effect immediately.

2015-S5561A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2853, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S825

2015-S5561A (ACTIVE) - Summary

2015-S5561A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5561A

 TITLE OF BILL :

An act to amend the education law, in relation to charter school
access to unused school facilities, property or land

 PURPOSE :

To provide the right of first refusal to charter schools in relation
to unused school facilities, properties or land.

 SUMMARY OF PROVISIONS :

Section 1-Creates a right of first refusal for charter schools for
unused school property, requires a public and transparent process,
authorizes a municipality, school district, board of education or city
to negotiate agreements for maintenance and other costs with a charter
school, requires a charter school to being using the building or
buildings in question within one year with certain exceptions and
describes the process for termination of use.

Section 2-Sets forth the effective date

 JUSTIFICATION :

Currently about 25,000 students attend charter schools in upstate New
York and that demand continues to grow. One of the biggest challenges
facing charter schools is a lack of available and affordable space,
especially space that is accessible and appropriate in order to best
facilitate student learning and growth. In Rochester for example, 22%
of school buildings are empty, and could easily be repurposed for use
by charter schools. Charter schools exist to provide parents a choice
in their children's education. When public school space is vacant and
available it provides a unique opportunity for those buildings to
continue to be used for their intended purpose under the auspices of a
Charter School. Charter schools are not at present eligible for
building aid, and therefore it seems appropriate at minimum to ensure
that they have access to unused school space. Charter Schools exist to
provide parents with choice as it relates to their children's
education and future. That choice should not be limited especially
when available space exists and is instead lying vacant.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately

2015-S5561A (ACTIVE) - Bill Text download pdf

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

                                 5561--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to charter school  access
  to unused school facilities, property or land

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

  Section 1. Subdivision 3 of section  2853  of  the  education  law  is
amended by adding a new paragraph (f) to read as follows:
  (F)  IN  DISTRICTS  WITH  AN  EXISTING  CHARTER SCHOOL AS OF SEPTEMBER
FIRST, TWO THOUSAND SIXTEEN, EXCEPT THOSE LYING IN OR  COTERMINOUS  WITH
CITIES  HAVING  A  POPULATION  OF  ONE MILLION OR MORE, AND IN ALL OTHER
SMALL CITY SCHOOL DISTRICTS OPERATING PURSUANT TO ARTICLE  FIFTY-ONE  OF
THIS  CHAPTER,  CHARTER  SCHOOLS  AND CHARTER SCHOOL APPLICANTS SHALL BE
GRANTED THE RIGHT OF FIRST REFUSAL PRIOR TO ANY SALE,  LEASE,  TRANSFER,
OR  OTHER  DISPOSITION  OF  SCHOOL FACILITIES, PROPERTY OR LAND.   ADDI-
TIONALLY CHARTER SCHOOLS AND CHARTER SCHOOL APPLICANTS SHALL BE  GRANTED
ACCESS TO UNUSED SCHOOL FACILITIES, PROPERTY OR LAND.
  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE RIGHT OF
FIRST REFUSAL SHALL BE GRANTED PRIOR TO COMMENCING ANY ACTION IN ACCORD-
ANCE WITH SECTIONS FOUR HUNDRED TWO, FOUR HUNDRED THREE-A, FOUR  HUNDRED
THREE-B,  AND  FOUR  HUNDRED  FIVE  OF  THIS CHAPTER. A PARTY CONCEIVING
ITSELF AGGRIEVED BY A DISPUTE OVER THE APPLICATION  OF  THIS  PARAGRAPH,
INCLUDING  PROCEDURES PERTAINING TO AND ULTIMATE DECISIONS OVER GRANTING
ACCESS, SHALL BE SETTLED BY APPEAL  TO  THE  COMMISSIONER  OF  EDUCATION
PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER.
  (1)  A  CITY,  MUNICIPALITY OR BOARD OF EDUCATION OF A SCHOOL DISTRICT
SHALL IMPLEMENT AND ADMINISTER THE PROVISIONS OF  THIS  PARAGRAPH  IN  A
PUBLIC AND TRANSPARENT MANNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11167-02-6

S. 5561--A                          2

  (2) THE USE OF SCHOOL FACILITIES, PROPERTY OR LAND SHALL BE OFFERED TO
CHARTER SCHOOLS OR CHARTER SCHOOL APPLICANTS AT NO COST OR FOR A NOMINAL
FEE  OF  ONE DOLLAR PER YEAR. A CITY, MUNICIPALITY OR BOARD OF EDUCATION
OF A SCHOOL DISTRICT AND A CHARTER SCHOOL SHALL NEGOTIATE  AN  AGREEMENT
FOR ACCESS TO AND USE OF SCHOOL FACILITIES, PROPERTY OR LAND. THE AGREE-
MENT SHALL IDENTIFY THE PARTY RESPONSIBLE FOR MAINTENANCE AND OPERATIONS
AND ASSOCIATED COSTS.
  (3)  A CHARTER SCHOOL THAT HAS BEEN GRANTED ACCESS TO A SCHOOL FACILI-
TY, PROPERTY OR LAND IN ACCORDANCE WITH THIS PARAGRAPH SHALL BE  ALLOWED
UNINTERRUPTED  ACCESS  FOR  AS  LONG AS THE SCHOOL HAS AN ACTIVE CHARTER
AGREEMENT.
  (4) IF A CHARTER SCHOOL OR CHARTER SCHOOL APPLICANT HAS  BEEN  GRANTED
ACCESS TO A SCHOOL FACILITY, PROPERTY OR LAND AND HAS NOT BEGUN USING IT
FOR THE PURPOSE OF EDUCATING STUDENTS WITHIN ONE YEAR, THE SCHOOL FACIL-
ITY,  PROPERTY  OR  LAND SHALL BE DEEMED UNUSED AND THE AGREEMENT MAY BE
TERMINATED. IF THE SCHOOL FACILITY, PROPERTY OR LAND  REQUIRES  SUBSTAN-
TIAL  RENOVATION  OR  OTHER  REASONABLE  DELAYS  IMPEDE  ITS USE FOR THE
PURPOSE OF EDUCATING STUDENTS, THEN, BY MUTUAL AGREEMENT, AN  ADDITIONAL
YEAR  SHALL  BE GRANTED BEFORE SUCH SCHOOL FACILITY, PROPERTY OR LAND IS
DEEMED UNUSED.
  IF A CHARTER SCHOOL NO LONGER NEEDS  OR  WANTS  THE  SCHOOL  FACILITY,
PROPERTY  OR LAND, OR THE CHARTER APPLICANT GROUP IS NOT GRANTED A CHAR-
TER, THE AGREEMENT MAY BE TERMINATED. A CHARTER  SCHOOL  MAY  NOT  SELL,
LEASE,  TRANSFER OR OTHERWISE DISPOSE OF A SCHOOL FACILITY THAT HAS BEEN
ACCESSED IN ACCORDANCE WITH THIS PARAGRAPH WITHOUT THE  WRITTEN  CONSENT
OF  THE CITY, MUNICIPALITY OR BOARD OF EDUCATION FROM WHICH THE PROPERTY
WAS TRANSFERRED.
  S 2. This act shall take effect immediately.

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Senate Bill S5561A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

2015-S5561 - Details

2015-S5561 - Summary

2015-S5561 - Sponsor Memo

2015-S5561 - Bill Text download pdf

2015-S5561A (ACTIVE) - Details

2015-S5561A (ACTIVE) - Summary

2015-S5561A (ACTIVE) - Sponsor Memo

2015-S5561A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

2015-S5561 - Details

2015-S5561 - Summary

2015-S5561 - Sponsor Memo

2015-S5561 - Bill Text download pdf

2015-S5561A (ACTIVE) - Details

2015-S5561A (ACTIVE) - Summary

2015-S5561A (ACTIVE) - Sponsor Memo

2015-S5561A (ACTIVE) - Bill Text download pdf

Comments