S T A T E O F N E W Y O R K
________________________________________________________________________
8801
I N A S S E M B L Y
January 12, 2022
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to providing the Board of
Regents with final approval authority over all proposed and renewed
charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5-b of section 2852 of the education law, as
added by chapter 4 of the laws of 1998, is amended to read as follows:
5-b. If the board of regents returns a proposed charter to the charter
entity pursuant to the provisions of subdivision five-a of this section,
such charter entity shall reconsider the proposed charter, taking into
consideration the comments and recommendation of the board of regents.
Thereafter, the charter entity shall resubmit the proposed charter to
the board of regents with modifications, provided that the applicant
consents in writing to such modifications, [resubmit the proposed char-
ter to the board of regents without modifications,] or abandon the
proposed charter. The board of regents shall review each such resubmit-
ted proposed charter in accordance with the provisions of subdivision
five-a of this section[; provided, however, that it shall be the duty of
the board of regents to approve and issue a proposed charter resubmitted
by the charter entity described in paragraph (b) of subdivision three of
section twenty-eight hundred fifty-one of this article within thirty
days of the resubmission of such proposed charter or such proposed char-
ter shall be deemed approved and issued at the expiration of such peri-
od]. NO RESUBMITTED PROPOSED CHARTER SHALL BE APPROVED BY THE CHARTER
ENTITY UNLESS ALL RECOMMENDATIONS OF THE BOARD OF REGENTS ARE MADE TO
THE SATISFACTION OF THE BOARD OF REGENTS IN SUCH RESUBMISSION. SUCH
CHARTER SHALL NOT BE APPROVED IF THE BOARD OF REGENTS RECOMMENDS THAT
THE CHARTER BE ABANDONED.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14028-05-2