NY State Senate Bill 2021-S4886

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
Jan 05, 2022	referred to education
Feb 17, 2021	referred to education

2021-S4886 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2852, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8201
2019-2020: S2743
2023-2024: S1618

2021-S4886 (ACTIVE) - Summary

Relates to agreements for the administration, management or operation of charter schools.

2021-S4886 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4886

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the education law, in relation to agreements for the
administration, management or operation of charter schools

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill gives state and local officers who have the power to audit
charter schools access to records of Educational Management Organiza-
tions (EMOs).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Education Law § 2852 to require charter schools that
contract with Educational Management Organizations (EMOs) to include in
their contracts a provision that requires such organizations to provide
state and local officers having the authority to audit charter schools
access to the organizations' records relating to the costs of and fees

for providing services to the school.

Section 2 provides that no charter school with a charter approved and
issued prior to the effective date of this bill shall renew or extend an
agreement with an EMO unless such agreement gives state and local offi-
cers having the authority to audit the charter schools access to the
EMO's records relating to the costs of and fees for providing services
to the school. Any agreement that violates this requirement shall be
deemed null, void and unenforceable and shall constitute grounds for
revocation or termination of the charter.

Section 3 is the effective date.

 
JUSTIFICATION:

Transparency and accountability about public funding are fundamental to
government in New York. Charter schools are now subject to state and
local oversight. Such transparency and accountability should also apply
to the EMOs with which charter schools contract for administration,
management operations services. This legislation, therefore, requires
charter schools that contract with EMOs to include in their contracts a
provision that requires such organizations to provide the state and
local officers with authority to audit charter schools access to records
detailing the use of public funds. Both charter schools that contract
with EMOs and those that do not will be subject to the same oversight.

 
PRIOR LEGISLATIVE HISTORY:

2019: S. 2743 - Referred to Senate Education
2020: S. 2743 - Referred to Senate Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S4886 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4886
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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  agreements  for  the
   administration, management or operation of charter schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 2852  of  the  education  law,  as
 amended  by  chapter  101  of  the  laws  of 2010, is amended to read as
 follows:
   5. Upon approval of an application by a charter entity, the  applicant
 and  charter  entity  shall enter into a proposed agreement allowing the
 applicants to organize and operate a charter school. Such written agree-
 ment, known as the charter, shall include (a) the  information  required
 by  subdivision  two  of  section twenty-eight hundred fifty-one of this
 article, as modified or supplemented during the approval process, (b) in
 the case of charters to be issued pursuant to subdivision nine-a of this
 section, information required  by  such  subdivision,  (c)  A  PROVISION
 PROHIBITING THE CHARTER SCHOOL FROM ENTERING INTO, RENEWING OR EXTENDING
 ANY  AGREEMENT  WITH  A  FOR-PROFIT OR NOT-FOR-PROFIT CORPORATE OR OTHER
 BUSINESS ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR OPERATION  OF  THE
 CHARTER  SCHOOL  UNLESS  THE  AGREEMENT  REQUIRES SUCH ENTITY TO PROVIDE
 STATE AND LOCAL OFFICERS HAVING THE POWER TO AUDIT  THE  CHARTER  SCHOOL
 PURSUANT TO THIS ARTICLE WITH ACCESS TO THE ENTITY'S RECORDS RELATING TO
 THE  COSTS  OF, AND FEES FOR, PROVIDING SUCH SERVICES TO THE SCHOOL, (D)
 any other terms or conditions required by  applicable  laws,  rules  and
 regulations, and [(d)] (E) any other terms or conditions, not inconsist-
 ent  with  law,  agreed upon by the applicant and the charter entity. In
 addition, the charter shall include  the  specific  commitments  of  the
 charter  entity relating to its obligations to oversee and supervise the
 charter school. Within five days after entering into a proposed charter,
 the charter entity other than the board of regents shall submit  to  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09711-01-1

 S. 4886                             2
 
 board  of  regents a copy of the charter, the application and supporting
 documentation for final approval and issuance by the board of regents in
 accordance with subdivisions five-a and five-b of this section.
   §  2. Notwithstanding any general, special or local law to the contra-
 ry, no charter school having a charter that was issued and  approved  on
 or  before  the  effective  date  of this act shall enter into, renew or
 extend the duration of any agreement with a for-profit or not-for-profit
 corporate or other business entity for the administration, management or
 operation of the charter school unless the agreement requires such enti-
 ty to provide state and local officers having the  power  to  audit  the
 charter  school  pursuant to article 56 of the education law with access
 to the entity's records relating to the costs of, and fees for,  provid-
 ing  such services to the school. Any agreement entered into, renewed or
 extended in violation of this section shall be  null,  void  and  wholly
 unenforceable,  and  a  violation  of  this section shall be grounds for
 revocation or termination of a charter pursuant to section 2855  of  the
 education law.
   § 3. This act shall take effect immediately.

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Archive: Last Bill Status - In Senate Committee Education Committee

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2021-S4886 (ACTIVE) - Details

2021-S4886 (ACTIVE) - Summary

2021-S4886 (ACTIVE) - Sponsor Memo

2021-S4886 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2021-S4886 (ACTIVE) - Details

2021-S4886 (ACTIVE) - Summary

2021-S4886 (ACTIVE) - Sponsor Memo

2021-S4886 (ACTIVE) - Bill Text download pdf

Comments