S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4105
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law and the tax law, in relation to enact-
   ing the public education racial equity and diversity act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act  shall be known and may be cited as the "public
 education racial equity and diversity act".
   § 2. Subdivision 6, paragraph (a) of subdivision 7, the opening  para-
 graph  and  paragraph  (a)  of subdivision 9, paragraph (a), the opening
 paragraph of paragraph (b) and subparagraph (viii) of paragraph  (c)  of
 subdivision  9-a  of section 2852 of the education law, subdivision 6 as
 added by chapter 4 of the laws of 1998, paragraph (a) of  subdivision  7
 as  amended  by  section 2 of part D2 of chapter 57 of the laws of 2007,
 the opening paragraph and paragraph (a) of subdivision 9  and  paragraph
 (a),  the  opening paragraph of paragraph (b) and subparagraph (viii) of
 paragraph (c) of subdivision 9-a as amended by section 2 of subpart A of
 part B of chapter 20 of the laws of 2015, are amended and a new subdivi-
 sion 11 is added to read as follows:
   6. The denial of an application,  OR  THE  DENIAL  OF  A  REQUEST  FOR
 REVISION  TO  AN  APPLICATION,  for a charter school by a charter entity
 shall be in  writing  and  shall  state  the  reasons  for  the  denial.
 Notwithstanding  any  provision  of  law to the contrary, such denial is
 final and shall not be reviewable in any court or by any  administrative
 body  WITH THE EXCEPTION OF THE NEW YORK STATE CHARTER SCHOOL COMMISSION
 ESTABLISHED PURSUANT TO THE PROVISIONS OF  SUBDIVISION  ELEVEN  OF  THIS
 SECTION.
   (a)  A  revision  of a charter shall be made only upon the approval of
 the charter entity and the board  of  regents  in  accordance  with  the
 provisions  of  subdivisions  five-a  and  five-b of this section, OR AS
 AUTHORIZED UNDER SUBDIVISION ELEVEN OF THIS SECTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02767-01-3
              

 A. 4105                             2
 
   The total number of charters issued pursuant to this article statewide
 shall not exceed [four] SEVEN hundred [sixty] NINETY-SIX. (a) All  char-
 ters  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] BETWEEN July first, two thousand fifteen AND  JULY  FIRST,
 TWO  THOUSAND  TWENTY-THREE,  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.  TO PROMOTE EQUITY AND DIVERSITY IN EDUCATIONAL LEADERSHIP AND
 PRIORITIZE THE ISSUANCE OF NEW CHARTERS TO COMMUNITY-BASED ORGANIZATIONS
 RUN BY INDIVIDUALS FROM HISTORICALLY UNDERREPRESENTED COMMUNITIES, THREE
 HUNDRED THIRTY-SIX OF SUCH CHARTERS ISSUED ON OR AFTER JULY  FIRST,  TWO
 THOUSAND  TWENTY-THREE, AND NO MORE, SHALL BE GRANTED TO A CHARTER FOR A
 SCHOOL TO BE MANAGED BY A BOARD OF TRUSTEES AND SCHOOL-BASED  MANAGEMENT
 OR  LEADERSHIP  TEAM,  WHERE BOTH OF WHICH WILL BE COMPRISED OF AT LEAST
 FIFTY-ONE PERCENT OF MEMBERS WHO MEET THE ETHNIC DEFINITION OF  MINORITY
 GROUP  MEMBER  SET  FORTH IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW. 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 regents' authority to
 grant such charter. A conversion of an existing public school to a char-
 ter school, or the renewal or extension of a  charter  approved  by  any
 charter  entity, shall not be counted toward the numerical limits estab-
 lished by this subdivision.
   (a) The board of regents is hereby authorized and  directed  to  issue
 [four]  SEVEN  hundred [sixty] NINETY-SIX charters statewide upon either
 applications submitted directly to the board  of  regents  or  upon  the
 recommendation  of  the board of trustees of the state university of New
 York pursuant to a competitive request for proposals process.
   The board of regents shall make a determination  to  issue  a  charter
 pursuant  to a request for proposals no later than December thirty-first
 of each year.
   The board of regents and the board of trustees of the state university
 of New York shall each develop such request for proposals  in  a  manner
 that  facilitates  a  thoughtful  review of charter school applications,
 considers the demand for charter  schools  by  the  community,  PROMOTES
 EQUITY  AND  DIVERSITY  IN  EDUCATIONAL  LEADERSHIP, and seeks to locate
 charter schools in a region or regions where there  may  be  a  lack  of
 alternatives  and  access  to charter schools would provide new alterna-
 tives within the local public education  system  that  would  offer  the
 greatest  educational  benefit to students. Applications shall be evalu-
 ated in accordance with the criteria and objectives contained  within  a
 request for proposals. The board of regents and the board of trustees of
 the  state  university  of  New York shall not consider any applications
 which do not rigorously demonstrate that they  have  met  the  following
 criteria:
   (viii)  PROMOTING  DIVERSITY  IN EDUCATIONAL LEADERSHIP AND INCREASING
 THE NUMBER  OF  EDUCATION  LEADERS  FROM  HISTORICALLY  UNDERREPRESENTED
 COMMUNITIES BY ESTABLISHING A BOARD OF TRUSTEES AND SCHOOL-BASED MANAGE-
 MENT  OR  LEADERSHIP  TEAM  OF AT LEAST FIFTY-ONE PERCENT OF MEMBERS WHO
 MEET THE ETHNIC DEFINITION OF MINORITY GROUP MEMBER SET FORTH IN ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW;
 A. 4105                             3
 
   (IX) demonstrating the support of the school  district  in  which  the
 proposed  charter  school will be located and the intent to establish an
 ongoing relationship with such school district.
   11.  (A)  FOR  THE  PURPOSES OF THIS SUBDIVISION THE TERM "COMMISSION"
 SHALL MEAN THE NEW YORK  STATE  CHARTER  SCHOOL  COMMISSION  ESTABLISHED
 PURSUANT TO THIS SUBDIVISION. A NEW YORK STATE CHARTER SCHOOL COMMISSION
 IS  ESTABLISHED  AS  AN INDEPENDENT COMMISSION WITH STATEWIDE CHARTERING
 JURISDICTION AND AUTHORITY. THE  COMMISSION  SHALL  ONLY  BE  UNDER  THE
 AUTHORITY OF THE BOARD OF REGENTS FOR ADMINISTRATIVE PURPOSES. THE BOARD
 OF  REGENTS  SHALL  PROVIDE  ADMINISTRATIVE SUPPORT TO THE COMMISSION AS
 NEEDED AND REQUESTED BY THE COMMISSION.
   (B) THE COMMISSION SHALL BE RESPONSIBLE FOR APPROVING CHARTER  SCHOOLS
 STATEWIDE  WITH  A FOCUS ON APPROVING CHARTERS TO COMMUNITY-BASED ORGAN-
 IZATIONS RUN BY INDIVIDUALS FROM HISTORICALLY UNDERREPRESENTED  COMMUNI-
 TIES.
   (C)  THE  COMMISSION  SHALL CONSIST OF NINE MEMBERS TO BE COMPRISED OF
 THREE MEMBERS PROPOSED BY THE BOARD OF REGENTS, THREE  MEMBERS  PROPOSED
 BY  THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, AND THREE
 MEMBERS PROPOSED BY THE GOVERNOR. THE BOARD  OF  REGENTS  SHALL  APPROVE
 THESE  APPOINTMENTS  SUBJECT  TO  A  MAJORITY  VOTE OF APPROVAL FOR EACH
 PROPOSED APPOINTEE BY THE EDUCATION  COMMITTEE  FOR  THE  BLACK,  PUERTO
 RICAN AND ASIAN LEGISLATIVE CAUCUS OF THE NEW YORK STATE ASSEMBLY, WITH-
 IN  SIXTY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION AND SIXTY
 DAYS PRIOR TO THE EXPIRATION OF THE TERM OF A MEMBER THEREAFTER. IF  THE
 BOARD  OF  REGENTS, THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW
 YORK, OR THE GOVERNOR FAILS TO TIMELY  PROPOSE  A  SLATE  OF  CANDIDATES
 ACCORDING  TO  THE  PROVISIONS  OF  THIS SUBDIVISION, THEN THE EDUCATION
 COMMITTEE FOR BLACK, PUERTO RICAN AND ASIAN LEGISLATIVE  CAUCUS  OF  THE
 NEW  YORK  STATE  ASSEMBLY  SHALL  APPOINT  THE MEMBER OR MEMBERS OF THE
 COMMISSION.
   (D) MEMBERS APPOINTED TO THE  COMMISSION  SHALL  COLLECTIVELY  POSSESS
 STRONG  EXPERIENCE  AND  EXPERTISE  IN  PUBLIC AND NONPROFIT GOVERNANCE,
 MANAGEMENT AND FINANCE,  PUBLIC  SCHOOL  LEADERSHIP,  HIGHER  EDUCATION,
 ASSESSMENTS,  CURRICULUM  AND INSTRUCTION, AND PUBLIC EDUCATION LAW. ALL
 MEMBERS OF THE COMMISSION SHALL HAVE DEMONSTRATED UNDERSTANDING OF AND A
 COMMITMENT TO PUBLIC EDUCATION,  INCLUDING  WITHOUT  LIMITATION  CHARTER
 SCHOOLING.  AT  LEAST  SIX MEMBERS SHALL HAVE PAST EXPERIENCE WITH URBAN
 CHARTER SCHOOLS, AND AT LEAST SIX MEMBERS SHALL MEET  THE  ETHNIC  DEFI-
 NITION  OF  MINORITY GROUP MEMBER AS DEFINED IN ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW.
   (E) TO ESTABLISH STAGGERED TERMS OF OFFICE, THE INITIAL TERM OF OFFICE
 FOR THREE COMMISSION MEMBERS SHALL BE FOUR YEARS AND THEREAFTER SHALL BE
 FOUR YEARS; THE INITIAL TERM OF OFFICE FOR ANOTHER THREE  MEMBERS  SHALL
 BE  THREE YEARS AND THEREAFTER SHALL BE FOUR YEARS; AND THE INITIAL TERM
 OF OFFICE FOR THE REMAINING THREE MEMBERS SHALL BE TWO YEARS AND  THERE-
 AFTER  SHALL  BE  FOUR  YEARS. THE INITIAL APPOINTMENTS SHALL BE MADE NO
 LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-THREE.
   (F) WHENEVER A VACANCY ON THE COMMISSION EXISTS, THE EDUCATION COMMIT-
 TEE FOR THE BLACK, PUERTO RICAN AND ASIAN LEGISLATIVE CAUCUS OF THE  NEW
 YORK  STATE ASSEMBLY SHALL APPOINT A MEMBER FOR THE REMAINING PORTION OF
 THE TERM.
   (G) THE COMMISSION SHALL HAVE THE RESPONSIBILITY TO REVIEW DENIALS  OF
 APPLICATIONS  AS  WELL  AS DENIALS OF REQUESTS FOR REVISIONS TO APPLICA-
 TIONS ISSUED PURSUANT TO SUBDIVISION SIX OF THIS SECTION UPON RECEIPT OF
 WRITTEN APPEAL FROM THE  DENIED  APPLICANT.  SUCH  RESPONSIBILITY  TAKES
 EFFECT  IMMEDIATELY  UPON  APPOINTMENT  OF  THE  INITIAL  MEMBERS OF THE
 A. 4105                             4
 
 COMMISSION PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION. APPEALS  PEND-
 ING  AT  THE  TIME  OF  INITIAL  APPOINTMENT  SHALL BE DETERMINED BY THE
 COMMISSION. THE COMMISSION MAY EXTEND THE TIME FOR REVIEW  AS  NECESSARY
 FOR  THOROUGH REVIEW, BUT IN NO CASE SHALL THE EXTENSION EXCEED THE TIME
 THAT WOULD HAVE BEEN AVAILABLE HAD THE  APPEAL  BEEN  SUBMITTED  TO  THE
 COMMISSION  ON  THE  DATE  OF APPOINTMENT OF ITS INITIAL MEMBERS. IN ANY
 APPEAL FILED WITH THE COMMISSION UNDER THIS ARTICLE, BOTH THE  APPLICANT
 AND  THE  CHARTER  ENTITY THAT ISSUED THE DENIAL SHALL HAVE THE RIGHT TO
 REQUEST A HEARING  BEFORE  THE  COMMISSION.  IF  MORE  THAN  ONE  ENTITY
 REQUESTS  A  HEARING,  THEN  THE COMMISSION SHALL HOLD ONLY ONE HEARING,
 WHEREIN THE APPLICANT AND THE CHARTER ENTITY SHALL HAVE AN EQUAL  OPPOR-
 TUNITY TO PRESENT THEIR RESPECTIVE POSITIONS.
   (H)  ANY  CHARTER  SCHOOL  AUTHORIZED BY THE COMMISSION SHALL HAVE ITS
 AUTHORIZATION TRANSFERRED TO THE COMMISSION, WHICH SHALL THEN BECOME THE
 SCHOOL'S AUTHORIZER FOR ALL PURPOSES UNDER  THIS  ARTICLE.  ANY  CHARTER
 SCHOOL AUTHORIZED BY CHARTER ENTITIES OTHER THAN THE COMMISSION MAY SEEK
 TRANSFER OF AUTHORIZATION TO THE COMMISSION DURING ITS CURRENT TERM WITH
 THE  APPROVAL  OF  A MAJORITY OF THE TRUSTEES OR MEMBERS OF THE BOARD OF
 EDUCATION FOR THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED. NOTICE
 OF A CHARTER ENTITY'S DECISION TO DENY, REVOKE, OR NOT RENEW  A  CHARTER
 SHALL  BE  PROVIDED TO THE COMMISSION, AS SHALL A CHARTER ENTITY'S DECI-
 SION TO DENY A REQUEST FOR REVISION TO  AN  APPLICATION  FOR  A  CHARTER
 SCHOOL.  UPON RECEIPT OF WRITTEN APPEAL FROM THE DENIED APPLICANT AND IN
 ACCORDANCE  WITH  PARAGRAPH  (G) OF THIS SUBDIVISION, THE COMMISSION MAY
 REVERSE A CHARTER ENTITY'S DECISION IF THE  COMMISSION  FINDS  THAT  THE
 CHARTER  SCHOOL,  THE  CHARTER  SCHOOL PROPOSAL, OR THE CHARTER SCHOOL'S
 REQUEST FOR A REVISION TO ITS APPLICATION IS (I) IN COMPLIANCE WITH THIS
 ARTICLE; AND (II)  IN THE BEST INTERESTS OF THE STUDENTS IT IS  DESIGNED
 TO SERVE.
   (I)  NOTWITHSTANDING  OTHER PROVISIONS OF THIS ARTICLE, IF THE COMMIS-
 SION ON APPEAL REVERSES A CHARTER ENTITY'S DECISION TO DENY, REVOKE,  OR
 NOT  RENEW A CHARTER OR A CHARTER'S REQUEST FOR REVISION TO ITS APPLICA-
 TION, OR IF A CHARTER SCHOOL SUCCESSFULLY  SEEKS  TRANSFER  OF  AUTHORI-
 ZATION  TO THE COMMISSION PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION,
 THE COMMISSION SHALL ACT AS THE AUTHORIZED  CHARTERING  ENTITY  FOR  THE
 CHARTER  SCHOOL. THE COMMISSION SHALL APPROVE THE CHARTER OR THE REQUEST
 FOR REVISION TO THE CHARTER'S APPLICATION AND SHALL PERFORM ALL  CHARTER
 ENTITY FUNCTIONS SET FORTH IN THIS ARTICLE.
   § 3. Section 679-j of the education law, as added by section 1 of part
 AA of chapter 56 of the laws of 2018, is amended to read as follows:
   §  679-j.  The  New  York  state  teacher loan forgiveness program. 1.
 Purpose. The president shall grant student loan forgiveness  awards  for
 the  purpose  of increasing the number of teachers serving in the state,
 GENERALLY, AND THE NUMBER OF TEACHERS SERVING IN THE STATE WHO MEET  THE
 ETHNIC DEFINITION OF MINORITY GROUP MEMBER, SPECIFICALLY.
   2.  Eligibility. To be eligible for an award pursuant to this subdivi-
 sion, applicants shall (a) be certified as a teacher;  (b)  be  employed
 full time in this state in an elementary or secondary school; (c) comply
 with  subdivisions  three  and  five of section six hundred sixty-one of
 this part; (d) have an outstanding student loan debt; and (e)  meet  one
 of the following criteria:
   (i) teach in a shortage subject area;
   (ii) teach in a hard to staff district; [or]
   (iii)  the  applicant is economically disadvantaged, as defined by the
 corporation[.]; OR
 A. 4105                             5
 
   (IV) THE APPLICANT MEETS  THE  ETHNIC  DEFINITION  OF  MINORITY  GROUP
 MEMBER AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   3. Definitions. For the purposes of this section[,]:
   (A)  the  term "shortage subject area" shall mean a curriculum subject
 matter or practice of teaching where there is a shortage of teachers  in
 New York state, as designated by the department[, and];
   (B)  the  term  "hard  to  staff  school  districts" shall mean school
 districts that have a shortage of teachers, as designated by the depart-
 ment[.]; AND
   (C) THE TERM "MINORITY GROUP MEMBER" SHALL MEAN A UNITED STATES  CITI-
 ZEN OR PERMANENT RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN
 ONE OF THE FOLLOWING GROUPS:
   (I)  BLACK  PERSONS  HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL
 GROUPS;
   (II) HISPANIC/LATINO PERSONS  OF  MEXICAN,  PUERTO  RICAN,  DOMINICAN,
 CUBAN,  CENTRAL  OR  SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN,
 REGARDLESS OF RACE;
   (III) NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN  ANY
 OF THE ORIGINAL PEOPLES OF NORTH AMERICA;
   (IV)  ASIAN  AND PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE
 FAR EAST COUNTRIES, SOUTH EAST ASIA,  THE  INDIAN  SUBCONTINENT  OR  THE
 PACIFIC ISLANDS.
   4.  Priority.  Such awards shall be made annually to applicants in the
 following priority:
   (a) First priority shall be given  to  applicants  who  have  received
 payment of an award pursuant to this section in a prior year and who, in
 the year prior to application, are teachers [in] (i) IN a subject short-
 age  area,  [or]  (ii)  IN a hard to staff school district, OR (III) WHO
 MEET THE ETHNIC DEFINITION OF MINORITY GROUP MEMBER;
   (b) Second priority shall be given to applicants who have not received
 payment of an award pursuant to this section in a prior year and who are
 teachers [in] (i) IN a subject shortage area, [or] (ii) IN hard to staff
 school district, OR (III) WHO MEET THE  ETHNIC  DEFINITION  OF  MINORITY
 GROUP MEMBER in the year prior to such application; and
   (c)  Third  priority shall be given to applicants who are economically
 disadvantaged as defined by the corporation.
   5. Awards. The corporation shall grant awards pursuant to  the  amount
 appropriated  for  such purpose and based on availability of funds in an
 amount up to [five] TEN thousand dollars to individuals who are employed
 full-time as teachers for the school year  prior  to  such  application,
 provided that no recipient shall receive an award that exceeds the total
 remaining balance of the student loan debt pursuant to this section[, in
 excess of twenty thousand dollars].
   6.  Rules and regulations. The corporation is authorized to promulgate
 rules and regulations and may promulgate emergency regulations necessary
 for the implementation of the provisions of this section. In  the  event
 that  there  are more applicants who have the same priority, as provided
 in subdivision four of this section, than there  are  remaining  awards,
 the  corporation  shall provide in regulation the method of distributing
 the remaining number of such awards, which  may  include  a  lottery  or
 other form of random selection.
   § 4. The education law is amended by adding three new sections 3004-d,
 3004-e and 3004-f to read as follows:
   §  3004-D.  ALTERNATIVE TEACHER CERTIFICATION REQUIREMENTS. 1. TEACHER
 CERTIFICATION COMPLIANCE. AN EDUCATION CORPORATION MAY SUBMIT  TO  THEIR
 CHARTER  AUTHORIZER AND A DISTRICT SCHOOL MAY SUBMIT TO ITS LOCAL EDUCA-
 A. 4105                             6
 
 TION AGENCY AS DEFINED IN SECTION  THREE  THOUSAND  THIRTY-TWO  OF  THIS
 ARTICLE, FOR APPROVAL OF AN INSTRUCTIONAL PROGRAM AS DEFINED IN SUBDIVI-
 SION  TWO OF THIS SECTION FOR TEACHERS WHO MEET THE ETHNIC DEFINITION OF
 MINORITY  GROUP  MEMBER  SET FORTH IN ARTICLE FIFTEEN-A OF THE EXECUTIVE
 LAW AS WELL AS THE REQUIREMENTS SET FORTH IN THIS SECTION. THE  REQUIRE-
 MENTS  OF  AN APPROVED INSTRUCTIONAL PROGRAM UNDER THIS SECTION SHALL BE
 CONSIDERED EQUIVALENT TO THE CERTIFICATION  REQUIREMENTS  APPLICABLE  TO
 OTHER PUBLIC SCHOOLS OF THE STATE FOR THE PURPOSES OF PARAGRAPH (A-1) OF
 SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS
 CHAPTER. FOR THE PURPOSES OF THIS SECTION  THE  TERM  "APPLICANT"  SHALL
 REFER  TO  ANY  EDUCATION CORPORATION OR DISTRICT SCHOOL WHO SUBMITS FOR
 APPROVAL OF AN INSTRUCTIONAL PROGRAM PURSUANT TO THIS SECTION.
   2. INSTRUCTIONAL PROGRAM. AN  APPLICANT  MAY  AT  ANY  TIME  SUBMIT  A
 PROPOSED INSTRUCTIONAL PROGRAM TO ITS CHARTER AUTHORIZER OR LOCAL EDUCA-
 TION AGENCY FOR APPROVAL. IF A CHARTER AUTHORIZER HAS DENIED AN APPLICA-
 TION  OR  REVOKED  OR CLOSED AN INSTRUCTIONAL PROGRAM, THE APPLICANT MAY
 SUBMIT A REVISED PROPOSED INSTRUCTIONAL PROGRAM TO ITS CHARTER AUTHORIZ-
 ER OR APPEAL THE DENIAL TO THE NEW YORK STATE CHARTER SCHOOL  COMMISSION
 ESTABLISHED  PURSUANT  TO  SUBDIVISION  ELEVEN  OF  SECTION TWENTY-EIGHT
 HUNDRED FIFTY-TWO OF THIS CHAPTER. IN ORDER TO BE ELIGIBLE TO APPLY,  AN
 APPLICANT  SHALL BE APPROVED TO OPERATE AT LEAST ONE SCHOOL. AN INSTRUC-
 TIONAL PROGRAM SHALL NOT BE ELIGIBLE FOR APPROVAL UNLESS  IT  MEETS  THE
 MINIMUM REQUIREMENTS SET FORTH IN THIS SECTION.
   3. ACADEMIC SUCCESS REQUIREMENTS. A. THE APPLICANT SHALL HAVE A DEMON-
 STRATED RECORD OF ACADEMIC SUCCESS AS FOLLOWS:
   (I) FOR AN EDUCATION CORPORATION, FIFTY PERCENT OF APPLICANT'S CHARTER
 SCHOOLS  WITH STUDENTS PARTICIPATING IN GRADES THREE THROUGH EIGHT STATE
 ADMINISTERED STANDARDIZED ENGLISH LANGUAGE ARTS AND  MATHEMATIC  ASSESS-
 MENTS EXAMINATIONS SHALL HAVE PERFORMED BETTER ON SUCH EXAMINATIONS THAN
 THE  DISTRICT  SCHOOLS  IN  THE  SCHOOL  DISTRICTS  IN WHICH THE CHARTER
 SCHOOLS ARE LOCATED;
   (II) FOR AN EDUCATION CORPORATION THAT OFFERS INSTRUCTION IN THE  HIGH
 SCHOOL  GRADES,  SUCH  CHARTER  SCHOOLS  SHALL HAVE MET SIXTY PERCENT OF
 THEIR ACCOUNTABILITY PLAN PURSUANT TO  THE  PERFORMANCE  AGREEMENT  WITH
 THEIR CHARTER AUTHORIZER; OR
   (III)  FOR  AN EDUCATION CORPORATION THAT OFFERS INSTRUCTION IN GRADES
 THREE THROUGH EIGHT AND THE HIGH SCHOOL GRADES, THE APPLICANT'S  CHARTER
 AUTHORIZER SHALL WEIGH THE GRADES ACCORDINGLY; OR
   (IV) FOR DISTRICT SCHOOLS THAT PRIMARILY OFFERS EDUCATION TO A SPECIAL
 POPULATION, INCLUDING A STUDENT WITH DISABILITIES OR A STUDENT WHO IS AN
 ENGLISH  LANGUAGE LEARNER, SUCH SCHOOLS SHALL HAVE PERFORMED BETTER THAN
 THE  STUDENTS  OF  THE  APPLICABLE  SPECIAL  POPULATION  IN  THE  SCHOOL
 DISTRICTS IN WHICH THE CHARTER SCHOOL IS LOCATED AND AT LEAST ONE OF THE
 APPLICANT'S  SCHOOLS  SHALL HAVE RECEIVED A RENEWAL WITHIN THE LAST FIVE
 YEARS AND IF TWO OR MORE EDUCATION CORPORATIONS ARE  APPLYING  TOGETHER,
 AT LEAST ONE SCHOOL FROM EACH EDUCATION CORPORATION SHALL MEET THE STAN-
 DARD  SET FORTH IN THIS SUBPARAGRAPH. FOR PURPOSES OF THIS SUBPARAGRAPH,
 THE SCHOOL DISTRICT IN WHICH A CHARTER SCHOOL IS LOCATED SHALL MEAN, FOR
 THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMUNITY DISTRICT
 IN WHICH A CHARTER SCHOOL IS LOCATED.
   B. AN EDUCATION CORPORATION SHALL BE AUTHORIZED TO  CONTRACT  WITH  AN
 INSTITUTION  OF  HIGHER  EDUCATION  TO  PROVIDE AN INSTRUCTIONAL PROGRAM
 PURSUANT TO THIS SECTION, PROVIDED  HOWEVER,  THAT  THE  INSTITUTION  OF
 HIGHER  EDUCATION SHALL NOT HAVE HAD A GRADUATE-LEVEL TEACHER AND LEADER
 EDUCATION PROGRAM SUSPENDED OR DEREGISTERED BY  THE  DEPARTMENT  AT  ANY
 TIME.
 A. 4105                             7

   C.  THE APPLICANT SHALL MAINTAIN HIGH STANDARDS FOR CANDIDATES INCLUD-
 ING COMPLETION OF A MASTER'S DEGREE IN EDUCATION OR BACHELOR'S DEGREE OR
 HIGHER IN ANY SUBJECT AREA FROM AN ACCREDITED INSTITUTION WITH A CUMULA-
 TIVE GRADE POINT AVERAGE OF 3.0 OR HIGHER, OR ITS EQUIVALENT,  OR  SHALL
 HAVE  BEEN  FOUND TO HAVE THE NECESSARY KNOWLEDGE AND SKILLS TO SUCCESS-
 FULLY COMPLETE THE PROGRAM AS DETERMINED BY ITS AUTHORIZER.
   4. CERTIFICATE TITLES REQUIREMENTS. A. CERTIFICATE TITLES  OFFERED  BY
 AN INSTRUCTIONAL PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO:
   (I) CHILDHOOD EDUCATION (PRE-KINDERGARTEN THROUGH SIXTH GRADE);
   (II)  SECONDARY  EDUCATION  (FIFTH  GRADE  THROUGH TWELFTH GRADE) WITH
 SPECIALIZATION IN PRIMARY SUBJECT AREAS WHICH MAY INCLUDE, BUT  ARE  NOT
 LIMITED TO:
   (A) HUMANITIES;
   (B) MATHEMATICS; AND
   (C) SCIENCE;
   (III)  CHILDHOOD  STUDENTS WITH DISABILITIES (PRE-KINDERGARTEN THROUGH
 SIXTH GRADE);
   (IV) SECONDARY STUDENTS WITH DISABILITIES (FIFTH GRADE THROUGH TWELFTH
 GRADE);
   (V) CHILDHOOD ENGLISH FOR SPEAKERS OF OTHER LANGUAGES  (PRE-KINDERGAR-
 TEN THROUGH SIXTH GRADE); AND
   (VI)  SECONDARY  ENGLISH  FOR SPEAKERS OF OTHER LANGUAGES (FIFTH GRADE
 THROUGH TWELFTH GRADE).
   B. THE INSTRUCTIONAL PROGRAM SHALL INCLUDE:
   (I) ONE HUNDRED SIXTY CLOCK HOURS OF  CLASSROOM  INSTRUCTION  CONTENT,
 INCLUDING  CONTENT  CORE  STUDY  AND PEDAGOGICAL CORE STUDY, WHICH SHALL
 PROVIDE THE NECESSARY KNOWLEDGE  BASE,  UNDERSTANDING,  AND  SKILLS  FOR
 TEACHING  STUDENTS IN THE RESPECTIVE GRADE LEVELS, AND IN THE RESPECTIVE
 SUBJECT AREAS, FOR THE CERTIFICATION BEING SOUGHT. THE ONE HUNDRED SIXTY
 CLOCK HOURS ARE IN ADDITION TO ANY CREDIT HOURS EARNED BY CANDIDATES  AS
 PART  OF  THE  REQUIRED  BACHELOR'S  DEGREE REFERENCED IN PARAGRAPH C OF
 SUBDIVISION THREE OF THIS SECTION. FOR THE PURPOSES OF THIS SUBPARAGRAPH
 "CLASSROOM INSTRUCTION CONTENT" SHALL  INCLUDE  CURRICULUM  AND  CONTENT
 SPECIFIC TO THE CERTIFICATION BEING SOUGHT, INSTRUCTIONAL STRATEGIES AND
 PLANNING,  CLASSROOM AND BEHAVIORAL MANAGEMENT, AND SHALL BE DESIGNED TO
 PREPARE CANDIDATES TO INSTRUCT STUDENTS WITH A RANGE  OF  ABILITIES  AND
 DIFFERENTIATE INSTRUCTION TO ENHANCE THE LEARNING OF ALL STUDENTS IN THE
 CONTENT  AREAS  OF  THE  CERTIFICATE.  A CANDIDATE MAY SEEK DUAL CERTIF-
 ICATION IN TWO DIFFERENT TITLES, FOR WHICH THE ONE HUNDRED  SIXTY  TOTAL
 CLOCK  HOURS  SHALL  BE APPROPRIATE FOR THE DUAL TITLES BEING SOUGHT. IF
 ONE OF THE TITLES SOUGHT IS STUDENTS WITH DISABILITIES, AT LEAST  TWENTY
 OF  THE  ONE  HUNDRED  SIXTY  CLOCK  HOURS  SHALL INCLUDE THE ADDITIONAL
 STUDENTS WITH DISABILITIES TRAINING REQUIRED PURSUANT TO PARAGRAPH E  OF
 THIS SECTION.
   (II)  FORTY CLOCK HOURS OF FIELD EXPERIENCE APPROPRIATE TO THE CERTIF-
 ICATION BEING SOUGHT, WITH AT LEAST SIX OF THE FORTY  HOURS  FOCUSED  ON
 MEETING  THE  NEEDS  OF  STUDENTS  WITH DISABILITIES, WITH THE CANDIDATE
 PRIMARILY RESPONSIBLE FOR CLASSROOM INSTRUCTION, AND  UNDER  SUPERVISION
 OF AN EXPERIENCED TEACHER WITH THE FOLLOWING QUALIFICATIONS:
   (A)  CERTIFIED  IN THE SUBJECT, AREA OR GRADE RANGE OF INSTRUCTION, AS
 APPLICABLE; OR
   (B) UNCERTIFIED TEACHERS WHO:
   (1) HAVE AT LEAST THREE YEARS OF SATISFACTORY  ELEMENTARY,  MIDDLE  OR
 SECONDARY CLASSROOM EXPERIENCE; OR
   (2) ARE TENURED, TENURE TRACK OR ADJUNCT COLLEGE FACULTY; OR
 A. 4105                             8
 
   (3)  HAVE  TWO  YEARS OF SATISFACTORY EXPERIENCE THROUGH THE TEACH FOR
 AMERICA PROGRAM OR SIMILAR PROGRAMS AS  DETERMINED  BY  THE  APPLICANT'S
 AUTHORIZER.
   C.  A CANDIDATE MAY SEEK A DUAL CERTIFICATION IN TWO DIFFERENT TITLES,
 FOR WHICH THE CANDIDATE SHALL COMPLETE FORTY  TOTAL  FIELD  HOURS,  WITH
 APPROXIMATELY ONE-HALF OF SUCH FIELD HOURS FOCUSED ON EACH CERTIFICATION
 TITLE SOUGHT.
   D. CANDIDATES TEACHING WITHIN THE INITIAL THREE-YEAR PERIOD OF CERTIF-
 ICATION SHALL RECEIVE PERIODIC MENTORING BY A PRINCIPAL, ASSISTANT PRIN-
 CIPAL,  A  TEACHER  QUALIFIED  TO  OVERSEE  FIELD EXPERIENCE PURSUANT TO
 SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS  SUBDIVISION,  OR  A  QUALIFIED
 INSTRUCTIONAL  PROGRAM INSTRUCTOR PURSUANT TO PARAGRAPH E OF THIS SUBDI-
 VISION WHICH SHALL BE DESIGNED TO MEET THE INDIVIDUAL LEARNING NEEDS  OF
 THE CANDIDATE.
   E.  THE  FOLLOWING ADDITIONAL COURSEWORK SHALL ALSO BE INCLUDED IN THE
 INSTRUCTIONAL PROGRAM IF SUCH COURSEWORK IS  NECESSARY  FOR  THE  TITLES
 SOUGHT:
   (I)  COMPLETION OF A WORKSHOP APPROVED BY THE DEPARTMENT ON THE PROPER
 PROCESS TO REPORT CHILD ABUSE AND NEGLECT IN ACCORDANCE WITH SUBDIVISION
 TWO OF SECTION THREE THOUSAND FOUR OF THIS ARTICLE;
   (II) COMPLETION OF A WORKSHOP APPROVED BY  THE  DEPARTMENT  ON  SCHOOL
 VIOLENCE  INTERVENTION  AND  PREVENTION  IN  ACCORDANCE WITH SUBDIVISION
 THREE OF SECTION THREE THOUSAND FOUR OF THIS ARTICLE;
   (III) SIX CLOCK HOURS OF COURSEWORK OR TRAINING ON HARASSMENT,  BULLY-
 ING  AND  DISCRIMINATION  PREVENTION AND INTERVENTION, AS SUCH TERMS ARE
 DEFINED IN SECTION  ELEVEN  OF  THIS  CHAPTER  IN  ACCORDANCE  WITH  THE
 PURPOSES OF SUBDIVISION FIVE OF SECTION FOURTEEN OF THIS CHAPTER; AND/OR
   (IV)  FOR  CANDIDATES SEEKING CERTIFICATION IN STUDENTS WITH DISABILI-
 TIES OR ENGLISH FOR SPEAKERS OF OTHER LANGUAGES,  CLASSROOM  INSTRUCTION
 SHALL  FOCUS  ON  DEVELOPING  KNOWLEDGE,  UNDERSTANDING,  AND SKILLS FOR
 TEACHING STUDENTS  WITH  DISABILITIES  OR  STUDENTS  WHO  ARE    ENGLISH
 LANGUAGE LEARNERS, RESPECTIVELY, INCLUDING ENHANCED COURSEWORK OR TRAIN-
 ING.  FIELD  EXPERIENCE  SHALL  BE  COMPLETED UNDER THE SUPERVISION OF A
 TEACHER CERTIFIED IN STUDENTS WITH DISABILITIES OR ENGLISH FOR  SPEAKERS
 OF  OTHER  LANGUAGES,  RESPECTIVELY,  AND  THE CANDIDATE SEEKING CERTIF-
 ICATION SHALL SPEND:
   (A) FOR STUDENTS WITH DISABILITIES, A MAJORITY OF A CANDIDATE'S  EXPE-
 RIENCE HOURS SHALL BE IN AN INTEGRATED CO-TEACHING CLASSROOM OR A CLASS-
 ROOM  OTHERWISE  PROVIDING  SPECIAL SERVICES OR PROGRAMS AS SUCH TERM IS
 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER;
   (B) FOR ENGLISH FOR SPEAKERS OF OTHER LANGUAGES, A MAJORITY OF  CANDI-
 DATE'S  REQUIRED  FORTY  CLOCK  HOURS OF FIELD EXPERIENCE IN A BILINGUAL
 EDUCATION, ENGLISH AS A NEW LANGUAGE OR  INTEGRATED  ENGLISH  AS  A  NEW
 LANGUAGE  CLASSROOM AS SUCH TERMS ARE DEFINED IN PART ONE HUNDRED FIFTY-
 FOUR OF TITLE EIGHT OF THE NEW YORK CODES, RULES AND REGULATIONS  OR  AN
 EQUIVALENT  CLASSROOM  PROVIDING  SERVICES  TO  STUDENTS WHO ARE ENGLISH
 LANGUAGE LEARNERS;
   (C) FOR STUDENTS WITH DISABILITIES, IN ADDITION TO THE FORTY HOURS  OF
 REQUIRED FIELD EXPERIENCE, AN ADDITIONAL FORTY HOURS OBSERVING AND WORK-
 ING WITH STUDENTS WITH AN INDIVIDUALIZED EDUCATION PROGRAM;
   (D)  FOR  ENGLISH  FOR SPEAKERS OF OTHER LANGUAGES, IN ADDITION TO THE
 FORTY CLOCK HOURS OF REQUIRED  FIELD  EXPERIENCE,  AN  ADDITIONAL  FORTY
 CLOCK HOURS OBSERVING AND WORKING WITH STUDENTS WHO ARE ENGLISH LANGUAGE
 LEARNERS  AS  SUCH  TERM IS DEFINED IN SECTION 154-2.2 OF TITLE EIGHT OF
 THE NEW YORK CODES, RULES AND REGULATIONS; AND
 A. 4105                             9
 
   (E) FOR STUDENTS WITH  DISABILITIES,  AT  LEAST  TEN  CLOCK  HOURS  OF
 COURSEWORK  OR  TRAINING  IN  THE LAW, REGULATIONS AND APPROPRIATE TECH-
 NIQUES TO ADDRESS DISCIPLINE OF STUDENTS WITH DISABILITIES IN ACCORDANCE
 WITH THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AND ANY REGULATIONS
 PROMULGATED THEREUNDER.
   F. AN INSTRUCTIONAL PROGRAM INSTRUCTOR SHALL:
   (I) BE A CLASSROOM TEACHER WHO HAS EARNED AT LEAST A BACHELOR'S DEGREE
 FROM AN ACCREDITED INSTITUTION AND HAS TWO YEARS TEACHING EXPERIENCE;
   (II) BE AN ADMINISTRATOR OF THE APPLICANT WHO EITHER:
   (A)  PREVIOUSLY WORKED AS A CLASSROOM TEACHER WHO WOULD HAVE QUALIFIED
 AS INSTRUCTORS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH; OR
   (B) IS A SCHOOL ADMINISTRATOR; OR
   (III) HAS THE EXPERTISE, ADVANCED STUDY, OR LICENSURE  APPROPRIATE  TO
 THE  FIELD TO TEACH EFFECTIVELY THE COURSE TO WHICH THEY ARE ASSIGNED IN
 THE APPROPRIATE DEPTH AND  BREADTH  AS  DETERMINED  BY  THE  DEPARTMENT.
 INDIVIDUALS  QUALIFIED UNDER THIS SUBPARAGRAPH SHALL BE ELIGIBLE ONLY TO
 TEACH A PORTION OF THE INSTRUCTIONAL PROGRAM LIMITED TO  THE  COURSE  IN
 WHICH  THEY HOLD SUCH EXPERTISE, ADVANCED STUDY, OR LICENSURE. ELIGIBIL-
 ITY OF AN INDIVIDUAL TO TEACH SUCH COURSE  SHALL  BE  SUBJECT  TO  PRIOR
 APPROVAL BY THE APPLICANT'S AUTHORIZER.
   G.  CANDIDATES ENROLLED IN AN INSTRUCTIONAL PROGRAM SHALL BE REGULARLY
 ASSESSED ON ALL ASPECTS OF THE  PROPOSED  COURSE  OF  STUDY.  ASSESSMENT
 METHODS  MAY  INCLUDE,  BUT  NEED  NOT BE LIMITED TO, TESTING, PORTFOLIO
 REVIEWS, OR DEMONSTRATION OF PEDAGOGICAL KNOWLEDGE AND SKILLS, AND SHALL
 INCLUDE A FINAL ASSESSMENT UTILIZING ONE OR MORE SUCH METHOD  TO  DETER-
 MINE WHETHER THE CANDIDATE HAS SATISFACTORILY DEMONSTRATED THE COMPETEN-
 CIES INCLUDED IN THE INSTRUCTIONAL PROGRAM. SUCH FINAL ASSESSMENT MAY BE
 EITHER  THE  STATE  TEACHER CERTIFICATION EXAMINATION, THE EDUCATING ALL
 STUDENTS TEST, OR AN EXAMINATION  WHICH  MEASURES,  AT  A  MINIMUM,  ALL
 REQUIRED ELEMENTS OF THE EDUCATING ALL STUDENTS TEST, AND IS APPROVED BY
 THE  DEPARTMENT.  FOR A CANDIDATE SEEKING CERTIFICATION IN STUDENTS WITH
 DISABILITIES, SUCH CANDIDATE SHALL BE ADDITIONALLY ASSESSED WITH THE NEW
 YORK STATE CONTENT SPECIALTY TEST IN STUDENTS WITH  DISABILITIES  OR  AN
 EXAMINATION  WHICH  MEASURES, AT A MINIMUM, ALL REQUIRED ELEMENTS OF THE
 CONTENT SPECIALTY TEST, AND IS APPROVED BY THE APPLICANT'S AUTHORIZER.
   5.  APPROVAL  OF  INSTRUCTIONAL  PROGRAM.  A.  APPLICANTS  MAY  SUBMIT
 PROPOSED  INSTRUCTIONAL  PROGRAMS  TO  THEIR AUTHORIZERS. SUCH PROPOSALS
 SHALL INCLUDE INFORMATION EXPLAINING  THE  NEED  FOR  THE  INSTRUCTIONAL
 PROGRAM  AND  SHALL  SPECIFY HOW THE PROPOSED INSTRUCTIONAL PROGRAM WILL
 MEET THE REQUIREMENTS OF THIS SECTION INCLUDING BY PROVIDING:
   (I) PROOF THAT THE APPLICANT HAS A DEMONSTRATED RECORD OF SUCCESS;
   (II) A LIST OF THE CERTIFICATES THAT WILL BE  OFFERED  BY  THE  APPLI-
 CANT'S INSTRUCTIONAL PROGRAM;
   (III) THE REQUIRED CANDIDATE QUALIFICATIONS;
   (IV) THE QUALIFICATIONS OF INSTRUCTIONAL PROGRAM INSTRUCTORS;
   (V)  THE  REQUIREMENTS FOR CERTIFICATION AS A "CERTIFIED INTERN TEACH-
 ER";
   (VI) THE COMPETENCIES REQUIRED FOR EACH CERTIFICATE OFFERED;
   (VII) AN OVERVIEW OF THE CLASSROOM INSTRUCTION TO BE OFFERED  AS  PART
 OF  THE  INSTRUCTIONAL  PROGRAM  INCLUDING  HOW PROGRAM INSTRUCTORS WILL
 TRAIN CANDIDATES ON HOW TO TEACH STUDENTS CRITICAL THINKING SKILLS; AND
   (VIII) THE ASSESSMENT METHODS TO BE USED INCLUDING THE  FINAL  ASSESS-
 MENT.
   B. A PROPOSED INSTRUCTIONAL PROGRAM SHALL BE APPROVED OR DENIED WITHIN
 NINETY  DAYS  OF SUBMISSION TO THE APPLICANT'S AUTHORIZER. IF THE APPLI-
 CANT'S AUTHORIZER DOES NOT APPROVE AN INSTRUCTIONAL PROGRAM  WITHIN  THE
 A. 4105                            10

 TIMEFRAME SET FORTH IN THIS PARAGRAPH, THE APPLICATION SHALL BE AUTOMAT-
 ICALLY  APPROVED. THE AUTHORIZER MAY, BUT IS NOT REQUIRED TO, PERMIT THE
 APPLICANT TO AMEND THE APPLICATION DURING OR AFTER  THE  REVIEW  PERIOD.
 THE AUTHORIZER SHALL STATE THE GENERAL REASONS FOR A DENIAL OF AN APPLI-
 CATION IN WRITING. THERE SHALL BE NO REVIEW OF A DENIAL BY THE COMMITTEE
 OR THE BOARD OF TRUSTEES EXCEPT AS CONSISTENT WITH SUBDIVISION ELEVEN OF
 SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER.
   C.  ONCE THE AUTHORIZER APPROVES AN APPLICANT'S INSTRUCTIONAL PROGRAM,
 THE APPLICANT SHALL COMMENCE INSTRUCTION  OF  CANDIDATES  IN  ACCORDANCE
 WITH THE APPLICATION AND THE REQUIREMENTS OF THIS SECTION.
   D.  THE  REQUIREMENTS  OF  AN  APPROVED INSTRUCTIONAL PROGRAM SHALL BE
 CONSIDERED EQUIVALENT TO THE CERTIFICATION  REQUIREMENTS  APPLICABLE  TO
 OTHER  PUBLIC  SCHOOLS  OF  THE STATE FOR PURPOSES OF PARAGRAPH (A-1) OF
 SUBDIVISION THREE OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-FOUR  OF  THIS
 CHAPTER.
   6.  TEACHER  CERTIFICATIONS.  A.  A  TEACHER  ENROLLED  IN AN APPROVED
 INSTRUCTIONAL PROGRAM SHALL BE GRANTED CERTIFICATION  IN  THE  FOLLOWING
 MANNER AND SUBJECT TO THE FOLLOWING CONDITIONS:
   (I)  IF A CANDIDATE TEACHER IS MAKING ADEQUATE PROGRESS TOWARD MEETING
 THE REQUIREMENTS OF AN APPROVED  INSTRUCTIONAL  PROGRAM,  THE  CANDIDATE
 SHALL BE ELIGIBLE TO RECEIVE A CERTIFICATE AS A "CERTIFIED INTERN TEACH-
 ER" SO LONG AS THE CANDIDATE STAYS ENROLLED IN THE INSTRUCTIONAL PROGRAM
 AND  THE  APPLICANT  HAS  SPECIFIED  IN ITS APPLICATION WHAT CONSTITUTES
 "ADEQUATE PROGRESS" AS DEFINED BY THE DEPARTMENT FOR  PURPOSES  OF  THIS
 SUBPARAGRAPH.    A CERTIFIED INTERN TEACHER'S CERTIFICATE SHALL BE VALID
 FOR NO LONGER THAN SIX MONTHS FROM THE DATE IT IS GRANTED, PROVIDED THAT
 SUCH CERTIFICATE MAY BE  RENEWED  IF  THE  CANDIDATE  TEACHER  IS  STILL
 ENROLLED  IN  THE INSTRUCTIONAL PROGRAM. TO RECEIVE SUCH CERTIFICATE, AN
 APPROVED APPLICANT SHALL SUBMIT THE  NAMES  OF  CANDIDATE  TEACHERS  WHO
 QUALIFY  TO  THE  AUTHORIZER, WHEREUPON SUCH CANDIDATE TEACHERS SHALL BE
 ISSUED SUCH CERTIFICATE. THE APPLICANT SHALL CERTIFY AS TO THE TRUTHFUL-
 NESS OF SUCH SUBMISSION AND SHALL RETAIN ALL RESPONSIBILITY AND  LIABIL-
 ITY RESULTING FROM SUCH APPROVAL; OR
   (II)  IF  A  CANDIDATE TEACHER HAS MET THE REQUIREMENTS OF AN APPROVED
 INSTRUCTIONAL PROGRAM IN ONE OR MORE OF THE TITLES DESIGNATED IN  SUBDI-
 VISION  FOUR  OF  THIS  SECTION SHALL BE ELIGIBLE TO RECEIVE A TEACHER'S
 CERTIFICATE FOR SUCH TITLE OR TITLES. TO RECEIVE SUCH  CERTIFICATE,  THE
 CANDIDATE  TEACHER  SHALL  SUBMIT  DOCUMENTATION  THEREOF TO AN APPROVED
 APPLICANT, WHICH SHALL APPROVE OR DENY THE TEACHER CANDIDATE FOR CERTIF-
 ICATION WITHIN SIXTY DAYS OF  SUBMISSION.  SUCH  DETERMINATION  WILL  BE
 BASED ON:
   (A)  A REVIEW OF SUBMITTED DOCUMENTATION DEMONSTRATING THAT THE CANDI-
 DATE TEACHER HAS COMPLETED AN APPROVED  INSTRUCTIONAL  PROGRAM  FOR  THE
 TITLE OR TITLES SOUGHT;
   (B) A REVIEW OF THE RESULTS OF A CRIMINAL HISTORY RECORD SEARCH OF THE
 CANDIDATE  TEACHER  PERFORMED  BY  THE DEPARTMENT AT THE DIRECTION OF AN
 EDUCATION CORPORATION AS REQUIRED UNDER PARAGRAPH (A-2)  OF  SUBDIVISION
 THREE  OF  SECTION  TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER. FOR
 PURPOSES OF THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL  MEAN
 A  RECORD  OF ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES
 MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
 AND THE FEDERAL BUREAU OF INVESTIGATION; AND
   (C) A RECOMMENDATION FROM THE APPROVED INSTRUCTIONAL PROGRAM  CERTIFY-
 ING  THAT  THE  CANDIDATE  TEACHER  HAS  SATISFACTORILY DEMONSTRATED THE
 COMPETENCIES REQUIRED BY THE INSTRUCTIONAL PROGRAM. FOR CANDIDATE TEACH-
 ERS SEEKING CERTIFICATION AS A STUDENTS WITH DISABILITIES TEACHER OR  AN
 A. 4105                            11
 
 ENGLISH  FOR  SPEAKERS  OF  OTHER LANGUAGES TEACHER, SUCH RECOMMENDATION
 WILL SPECIFICALLY CERTIFY THAT THE CANDIDATE TEACHER HAS  SATISFACTORILY
 DEMONSTRATED  THE  COMPETENCIES REQUIRED BY THE INSTRUCTIONAL PROGRAM TO
 TEACH  STUDENTS  WITH  DISABILITIES OR STUDENTS WHO ARE ENGLISH LANGUAGE
 LEARNERS, RESPECTIVELY.
   B. THE APPROVED  APPLICANT  SHALL  SUBMIT  THE  NAMES  AND  SUPPORTING
 DOCUMENTATION  OF  ALL  CANDIDATE  TEACHERS  APPROVED TO THE APPLICANT'S
 CHARTER AUTHORIZER, WHEREUPON SUCH CANDIDATE  TEACHERS  WILL  BE  ISSUED
 SUCH CERTIFICATE. THE APPLICANT SHALL CERTIFY AS TO THE VALIDITY OF SUCH
 APPROVAL  FOR  CERTIFICATION UNDER THIS SUBDIVISION AND SHALL RETAIN ALL
 RESPONSIBILITY AND LIABILITY RESULTING FROM SUCH APPROVAL.
   C. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A TEACHER  HOLDING
 A  VALID  TEACHING  CERTIFICATE IN GOOD STANDING ISSUED BY ANOTHER STATE
 THAT SUBSTANTIALLY COMPLIES WITH ALL OTHER REQUIREMENTS OF THIS  SECTION
 SHALL  BE  ELIGIBLE  TO RECEIVE A TEACHER'S CERTIFICATE PURSUANT TO THIS
 SECTION WITHOUT PARTICIPATION IN AN APPROVED INSTRUCTIONAL PROGRAM.
   D. THE CERTIFICATION CREATED BY THIS SECTION SHALL BE TRANSFERRABLE TO
 ANOTHER EDUCATION CORPORATION OR DISTRICT SCHOOL EVEN IF THE  TRANSFEREE
 SCHOOL DOES NOT HAVE AN APPROVED INSTRUCTIONAL PROGRAM.
   E.  A  TEACHER'S  CERTIFICATE  ISSUED  PURSUANT  TO THIS SECTION SHALL
 EXPIRE THREE YEARS FROM THE DATE IT IS GRANTED. IN THE CASE OF A TEACHER
 WHO OBTAINS AN INTERN TEACHER'S CERTIFICATE PRIOR TO OBTAINING A  TEACH-
 ER'S CERTIFICATE, THE PERIOD OF TIME TEACHING UNDER THE INTERN TEACHER'S
 CERTIFICATE  PRIOR  TO  OBTAINING  A FULL TEACHER'S CERTIFICATE SHALL BE
 INCLUDED FOR PURPOSES OF CALCULATING THE THREE-YEAR PERIOD. SUCH CERTIF-
 ICATION MAY BE RENEWED AND REMAIN VALID PROVIDED THAT:
   (I) THE TEACHER IS EMPLOYED BY A CHARTER  SCHOOL  ISSUED  PURSUANT  TO
 ARTICLE FIFTY-SIX OF THIS CHAPTER OR A DISTRICT SCHOOL; AND
   (II) THE EMPLOYING EDUCATION CORPORATION SUBMITS TO ITS AUTHORIZER, OR
 IN THE CASE OF A DISTRICT SCHOOL ITS LOCAL EDUCATION AGENCY, A RECOMMEN-
 DATION  FOR  CERTIFICATION  RENEWAL BASED ON ITS REVIEW OF THE TEACHER'S
 PERFORMANCE OVER THE COURSE OF HIS OR HER EMPLOYMENT  AT  THE  EDUCATION
 CORPORATION OR DISTRICT SCHOOL.
   F.  AN APPLICANT SHALL OBTAIN A SIGNED AFFIRMATION FROM EACH CANDIDATE
 ACKNOWLEDGING THAT THE CANDIDATE HAS BEEN INFORMED BY THE APPLICANT  AND
 IS  AWARE  THAT THE CERTIFICATION THE CANDIDATE WILL RECEIVE PURSUANT TO
 THIS SECTION IS NOT TRANSFERRABLE TO ANY EDUCATION CORPORATION OR  CHAR-
 TER SCHOOL NOT AUTHORIZED BY AN AUTHORIZED NEW YORK CHARTER ENTITY OR IN
 THE  CASE OF A DISTRICT SCHOOL APPROVED FOR TRANSFER BY ITS LOCAL EDUCA-
 TION AGENCY. SUCH EXECUTED AFFIRMATION SHALL BE OBTAINED UPON ENROLLMENT
 IN AN APPROVED INSTRUCTIONAL PROGRAM AND SHALL BE RETAINED BY THE APPLI-
 CANT FOR A PERIOD OF NOT LESS THAN TEN YEARS FROM THE DATE OF THE LATEST
 CERTIFICATE ISSUANCE.
   7. ACCOUNTING. EACH APPLICANT WITH AN APPROVED  INSTRUCTIONAL  PROGRAM
 SHALL REFLECT THE BUDGETED COSTS FOR THE INSTRUCTIONAL PROGRAM SEPARATE-
 LY  IN ITS ANNUAL BUDGET, AND SPECIFICALLY ACCOUNT FOR THE COSTS THEREOF
 IN ITS FINANCIAL STATEMENTS. APPLICANTS SHALL NOT  CHARGE  EMPLOYEES  OR
 OTHERS FOR ACCESS TO THEIR INSTRUCTIONAL PROGRAMS.
   8.  ACCOUNTABILITY AND REVOCATION. A. EACH APPLICANT SHALL BE ACCOUNT-
 ABLE FOR THE QUALITY OF ITS INSTRUCTIONAL PROGRAMS LEADING TO  EXEMPTION
 FROM  CERTIFICATION.  CHARTER  ENTITIES  AND  LOCAL  EDUCATION  AGENCIES
 RESERVE THE RIGHT TO  INDEPENDENTLY  ASSESS  AND  MONITOR  ALL  APPROVED
 INSTRUCTIONAL  PROGRAMS  AND MAY REVOKE APPROVAL AT ANY TIME. FAILURE TO
 COMPLY WITH ANY PROVISION OF THIS SECTION MAY RESULT  IN  REVOCATION  OF
 THE APPROVAL.
 A. 4105                            12
 
   B. NOTICE OF INTENT TO REVOKE APPROVAL SHALL BE PROVIDED TO THE APPLI-
 CANT  AT  LEAST  THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE PROPOSED
 REVOCATION. SUCH NOTICE SHALL INCLUDE A STATEMENT  OF  REASONS  FOR  THE
 PROPOSED  REVOCATION.  A  SCHOOL  CLOSURE  FOR ACADEMIC REASONS SHALL BE
 DEEMED NOTICE OF INTENT TO REVIEW AND POSSIBLY REVOKE THE APPROVAL OF AN
 INSTRUCTIONAL PROGRAM.
   C.  IF APPLICABLE, THE APPLICANT SHALL BE ALLOWED AT LEAST THIRTY DAYS
 TO CORRECT THE PROBLEMS ASSOCIATED WITH THE  PROPOSED  REVOCATION.  NON-
 CURABLE  CAUSES  OF  REVOCATION  INCLUDE, BUT ARE NOT LIMITED TO, FRAUD,
 CREATION OF FALSE BUSINESS RECORDS AND OBSTRUCTION OF  INVESTIGATION  OR
 MONITORING  BY  THE  APPLICANT'S  AUTHORIZER. PRIOR TO REVOCATION OF THE
 APPROVAL, AN APPLICANT SHALL BE PROVIDED AN OPPORTUNITY TO BE  HEARD  BY
 THE  APPLICANT'S  AUTHORIZER,  CONSISTENT  WITH  THE REQUIREMENTS OF DUE
 PROCESS. THERE SHALL BE NO APPEAL OF SUCH DETERMINATION TO THE COMMITTEE
 OR THE BOARD OF TRUSTEES EXCEPT IN ACCORDANCE  WITH  SUBDIVISION  ELEVEN
 OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER.
   §  3004-E.  RECORD  KEEPING  REQUIREMENTS.  1. RECORDS AND INFORMATION
 REGARDING AN APPLICANT'S INSTRUCTIONAL PROGRAM PURSUANT TO SECTION THREE
 THOUSAND FOUR-D OF THIS ARTICLE SHALL BE MAINTAINED  BY  THE  APPLICANT.
 UPON REQUEST BY THE APPLICANT'S AUTHORIZER, SUCH RECORDS AND INFORMATION
 SHALL  BE  AVAILABLE  FOR  INSPECTION,  OR FOR DELIVERY OF COPIES TO THE
 APPLICANT'S AUTHORIZER. THE APPLICANT SHALL ALSO  GRANT  ITS  AUTHORIZER
 ACCESS  TO  ANY  ELECTRONIC  DATABASES  WHERE RECORDS OR INFORMATION ARE
 STORED REGARDLESS OF WHETHER THE APPLICANT  IS  THE  CUSTODIAN  OF  SUCH
 INFORMATION.
   2. SUCH RECORDS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A. CANDIDATE RECORDS INCLUDING, BUT NOT LIMITED TO:
   (I) CLOCK HOUR ATTENDANCE;
   (II) CLOCK HOUR INSTRUCTORS;
   (III) STUDENT TEACHING DATES AND CLASSES;
   (IV) STUDENT TEACHING CLOCK HOUR ACCUMULATION;
   (V) STUDENT TEACHING INSTRUCTORS;
   (VI) WORKSHOP ATTENDANCE RECORDS;
   (VII) RECORDS REFLECTING THE NUMBER OF YEARS OF TEACHING EXPERIENCE;
   (VIII) COLLEGE TRANSCRIPTS;
   (IX)  RECORDS  REFLECTING  WHETHER  A  CANDIDATE  IS  MAKING  ADEQUATE
 PROGRESS IN THE INSTRUCTIONAL PROGRAM PURSUANT TO SECTION THREE THOUSAND
 FOUR-D OF THIS ARTICLE; AND
   (X) THE DATE OF COMPLETION OF THE INSTRUCTIONAL PROGRAM AND THE  TITLE
 OF CERTIFICATION EARNED;
   B. INSTRUCTOR QUALIFICATION RECORDS INCLUDING, BUT NOT LIMITED TO:
   (I) COLLEGE TRANSCRIPTS;
   (II) RECORDS REFLECTING THE NUMBER OF YEARS OF TEACHING EXPERIENCE;
   (III) TEACHER CERTIFICATION RECORDS; AND
   (IV) CERTIFICATION RECORDS; AND
   C.  RECORDS  REGARDING  INSTITUTIONS  OF  HIGHER EDUCATION AND OUTSIDE
 VENDORS USED AS PART OF THE INSTRUCTIONAL PROGRAM  PURSUANT  TO  SECTION
 THREE  THOUSAND  FOUR-D  OF  THIS ARTICLE INCLUDING, BUT NOT LIMITED TO,
 CONTRACTS AND FINANCIAL RECORDS.
   3. EACH APPLICANT SHALL PROVIDE  TEACHERS  AND  FORMER  TEACHERS  WITH
 COPIES  OF ANY CERTIFICATION RECORDS PURSUANT TO THIS SECTION, AND AT NO
 MORE THAN THE COST SET FORTH IN THE STATE FREEDOM OF INFORMATION LAW.
   4. AN APPLICANT SHALL STORE CERTIFICATION RECORDS FOR A MINIMUM OF TEN
 YEARS.
   § 3004-F. ADDITIONAL PROVISIONS REGARDING INSTRUCTIONAL  PROGRAMS.  1.
 LIMITATIONS  AND  CONDITIONS.  SECTIONS  THREE THOUSAND FOUR-D AND THREE
 A. 4105                            13
 
 THOUSAND FOUR-E OF THIS  ARTICLE  SHALL  NOT  AFFECT  ANY  CERTIFICATION
 APPROVED  BY THE DEPARTMENT NOR SHALL IT WAIVE ANY CONDITIONS IMPOSED ON
 HOLDERS OF SUCH TEACHER CERTIFICATIONS. ALL TEACHERS IN EDUCATION CORPO-
 RATIONS  SHALL  CONTINUE  TO  COMPLY WITH THE CONDITIONS IN AN EDUCATION
 CORPORATION'S CHARTER AGREEMENT AND ANY CONDITIONS IMPOSED  BY  SECTIONS
 THREE THOUSAND FOUR-D AND THREE THOUSAND FOUR-E OF THIS ARTICLE, INCLUD-
 ING BUT NOT LIMITED TO THE CRIMINAL BACKGROUND CHECK REQUIREMENTS.
   2.  TEACHERS  OF RECORD. WHETHER OR NOT AN EDUCATION CORPORATION OPER-
 ATES AN INSTRUCTIONAL PROGRAM, WHEN THE APPLICANT'S  AUTHORIZER  REVIEWS
 TEACHER  CERTIFICATION,  THE AUTHORIZER WILL CONTINUE TO USE THE CONCEPT
 OF A TEACHER OF RECORD FOR A CLASSROOM OF STUDENTS. BY WHATEVER NAME, IF
 ONE INSTRUCTIONAL LEADER OF A CLASSROOM IS PROPERLY CERTIFIED OR  EXEMPT
 FROM  CERTIFICATION UNDER SECTION THREE THOUSAND FOUR-D OF THIS ARTICLE,
 THE OTHER TEACHERS OR ADULTS IN THE CLASSROOM, HOWEVER  DESIGNATED,  ARE
 NOT  ALSO  REQUIRED TO BE CERTIFIED OR EXEMPT FROM CERTIFICATION FOR THE
 SAME GROUP OF STUDENTS.
   3. NON-MATERIAL REVISION. THE APPROVAL, REVOCATION OR VOLUNTARY CESSA-
 TION OF AN INSTRUCTIONAL PROGRAM SHALL NOT BE A MATERIAL REVISION TO THE
 CHARTER OF THE APPLICANT REQUIRING  FORMAL  REVISION  UNDER  SUBDIVISION
 SEVEN OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER.
   §  5.  Subsection  (i)  of  section  601  of the tax law is relettered
 subsection (j) and a new subsection (i) is added to read as follows:
   (I) TO INCREASE THE NUMBER OF MINORITY TEACHERS  SERVING  THE  STATE'S
 SIGNIFICANTLY  HIGH-NEED SCHOOLS, QUALIFYING INDIVIDUALS SHALL BE ELIGI-
 BLE FOR INCOME TAX EXEMPTION IN ACCORDANCE WITH THE FOLLOWING:
   (1) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A),  (B),  (C)  AND
 (D) OF THIS SECTION AND ANY OTHER PROVISION OF THIS ARTICLE, FOR TAXABLE
 YEARS  BEGINNING  AFTER  JANUARY  FIRST,  TWO  THOUSAND TWENTY-FOUR, ONE
 HUNDRED PERCENT OF THE GROSS INCOME SHALL BE EXEMPT FROM TAX UNDER  THIS
 ARTICLE  AS  WELL  AS  ALL  OTHER LOCAL TAXES REGARDLESS OF WHETHER SUCH
 INCOME IS SUBJECT TO FEDERAL INCOME TAXATION TO  EACH  RESIDENT  OF  THE
 STATE  WHO  HAS  QUALIFYING  SERVICE  IN  THE TAXABLE YEAR FOR WHICH THE
 EXEMPTION IS CLAIMED.
   (2) FOR THE PURPOSES OF THIS SUBSECTION,  "QUALIFYING  SERVICE"  SHALL
 MEAN A SERVICE PROVIDED BY A PERSON WHO:
   (A) IS CERTIFIED AS A TEACHER;
   (B)  IS EMPLOYED FULL TIME IN THIS STATE IN AN ELEMENTARY OR SECONDARY
 SCHOOL THAT HAS BEEN DESIGNATED AS A "SIGNIFICANTLY  HIGH-NEED  SCHOOL",
 AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE EDUCATION LAW;
   (C) COMPLIED WITH SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF
 THE EDUCATION LAW; AND
   (D)    MEETS THE ETHNIC DEFINITION OF MINORITY GROUP MEMBER AS DEFINED
 IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   § 6. Severability.  If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.