S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6568
 
                        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  charter  schools;  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 the effectiveness thereof; and to amend chapter 345 of the
   laws of 2009, amending the education law and other  laws  relating  to
   the  New  York city board of education, chancellor, community councils
   and community superintendents, in relation to the effectiveness there-
   of
 
   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; PROVIDED THAT A CITY  OF  ONE  MILLION  OR  MORE
 SHALL  RECEIVE  NO  MORE  THAN  FORTY  PERCENT OF THE REMAINING CHARTERS
 AVAILABLE IN EACH YEAR. [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.]  The  failure of any body to issue the regulations authorized
 pursuant 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13018-05-7

 S. 6568                             2
 
 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
 numerical 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;  AND  a charter school may employ as teachers (i) uncerti-
 fied teachers with at least three years of elementary, middle or second-
 ary classroom teaching experience; (ii) tenured or tenure track  college
 faculty;  (iii)  individuals  with  two years of satisfactory experience
 through the Teach for America program; and (iv) individuals who  possess
 exceptional  business,  professional,  artistic,  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

 S. 6568                             3
 
 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 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. 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]  2019  provided,
 further,  that notwithstanding any provision of article 5 of the general
 construction law, on June 30, [2017] 2019 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
 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

 S. 6568                             4
 
 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.
   § 5. Subdivision 12 of section 17 of chapter 345 of the laws of  2009,
 amending  the education law and other laws relating to the New York city
 board of education, chancellor, community councils and community  super-
 intendents,  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] 2019.
   § 6. This act shall take effect immediately, provided that if this act
 shall have become a law after June 23, 2017 section three  of  this  act
 shall  be deemed to have been in full force and effect on and after June
 23, 2017.