S T A T E O F N E W Y O R K
________________________________________________________________________
6567
2017-2018 Regular Sessions
I N S E N A T E
June 4, 2017
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the surrender, revoca-
tion or termination of a charter and requirements for teaching staff
of charter schools; to amend chapter 345 of the laws of 2009 amending
the education law and other laws relating to the reorganization of the
New York city board of education, chancellor, community councils and
community superintendents, in relation to extending the expiration and
repeal date of certain provisions thereof; and to amend chapter 91 of
the laws of 2002, amending the education law and other laws relating
to reorganization of the New York city school construction authority,
board of education and community boards, in relation to extending the
expiration and repeal date of certain provisions thereof
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 subpart A of part B of chapter 20 of the laws of
2015, is amended to read as follows:
9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the board of
regents upon application directly to the board of regents or on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section[. Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one million
or more]; PROVIDED THAT A CITY OF ONE MILLION OR MORE SHALL RECEIVE NO
MORE THAN FORTY PERCENT OF THE REMAINING CHARTERS AVAILABLE IN EACH
YEAR. The failure of any body to issue the regulations authorized pursu-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13013-05-7
S. 6567 2
ant to this article shall not 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 charter. A conversion of an existing public
school to a charter school, or the renewal or extension of a charter
approved by any charter entity, shall not be counted toward the numer-
ical limits established by this subdivision.
(A-1) A CHARTER SCHOOL WHOSE CHARTER HAS BEEN SURRENDERED, REVOKED OR
TERMINATED, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF
ITS CHARTER ENTITY, SHALL NOT BE COUNTED TOWARD THE NUMERICAL LIMITS
ESTABLISHED BY THIS SUBDIVISION AND INSTEAD SHALL BE RETURNED TO THE
POOL IT WAS ORIGINALLY ISSUED FROM AND MAY BE REISSUED BY THE BOARD OF
REGENTS EITHER UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON
THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF
NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVI-
SION NINE-A OF THIS SECTION.
(b) A charter that has been surrendered, revoked or terminated [on or
before July first, two thousand fifteen], including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision[, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph].
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen[; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by a chapter of the laws of two thousand fifteen
which added this paragraph].
§ 2. Paragraph (a-1) of subdivision 3 of section 2854 of the education
law, as amended by section 1 of subpart A of part B of chapter 20 of the
laws of 2015, is amended to read as follows:
(a-1) The board of trustees of a charter school shall employ and
contract with necessary teachers, administrators and other school
personnel. Such teachers shall be certified in accordance with the
requirements applicable to other public schools; provided, however, that
TEACHERS EMPLOYED BY A HIGH PERFORMING PUBLIC CHARTER SCHOOL WITH A
RIGOROUS TEACHER TRAINING PROGRAM WILL HAVE THREE SCHOOL YEARS FROM
THEIR EMPLOYMENT START DATE BEFORE THEY MUST SATISFY CERTIFICATION
REQUIREMENTS; PROVIDED FURTHER THAT a charter school may employ as
teachers (i) uncertified teachers with at least three years of elementa-
ry, middle or secondary classroom teaching experience; (ii) tenured or
tenure track college faculty; (iii) individuals with two years of satis-
factory experience through the Teach for America program; and (iv) indi-
viduals who possess exceptional business, professional, artistic,
S. 6567 3
athletic, or military experience, provided, however, that such teachers
described in clauses (i), (ii), (iii), and (iv) of this paragraph shall
not in total comprise more than the sum of: (A) thirty per centum of the
teaching staff of a charter school, or five teachers, whichever is
[less] GREATER; plus (B) five teachers of mathematics, science, computer
science, technology, or career and technical education; plus (C) five
additional teachers. A teacher certified or otherwise approved by the
commissioner shall not be included in the numerical limits established
by the preceding sentence.
§ 3. Subdivision 5 of section 2851 of the education law, as added by
section 2 of part P of chapter 73 of the laws of 2016, is amended to
read as follows:
5. Notwithstanding any provision of law, rule or regulation to the
contrary for a period of [one year] TWO YEARS from the effective date of
this subdivision, a charter school approved by a charter entity listed
in subdivision three of this section may apply at any time during this
period to another charter entity, defined in paragraph (a), (b) or (c)
of subdivision three of this section to request such other charter enti-
ty to oversee and supervise such charter school. All standards and
requirements established in the original charter agreement shall remain
in effect until the scheduled expiration of such charter agreement and
provided however that all obligations of the previous charter entity to
oversee and supervise a charter school shall terminate upon the transfer
of authorization of such charter school to a new charter entity, as
defined in subdivision five of section twenty-eight hundred fifty-two of
this article, and the previous charter entity shall provide in a timely
fashion information relevant to the charter as requested by such other
charter entity. A charter school that seeks to change its charter entity
must have met all other requirements of this article and cannot be in
violation of any legal requirement, in probationary status, or slated
for closure.
§ 4. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law and other laws relating to the reorganization
of the New York city board of education, chancellor, community councils
and community superintendents, as amended by section 2 of part O of
chapter 73 of the laws of 2016, is amended to read as follows:
12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2017] 2018.
§ 5. Section 34 of chapter 91 of the laws of 2002, amending the educa-
tion law and other laws relating to reorganization of the New York city
school construction authority, board of education and community boards,
as amended by section 1 of part O of chapter 73 of the laws of 2016, is
amended to read as follows:
§ 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2017] 2018 provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2017] 2018 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by section three of this act,
subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
S. 6567 4
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
§ 6. This act shall take effect immediately.
