S T A T E O F N E W Y O R K
________________________________________________________________________
10729
I N A S S E M B L Y
March 27, 2026
___________
Introduced by M. of A. RAMOS -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to approval of applica-
tions of charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 4 of section 2851 of the education law,
subdivision 3 as amended and paragraph (e) of subdivision 4 as added by
chapter 101 of the laws of 2010 and subdivision 4 as added by chapter 4
of the laws of 1998, are amended and three new paragraphs 2-a, 3-a, and
3-b are added to read as follows:
2-A. PRIOR TO SUBMITTING AN APPLICATION TO A CHARTER ENTITY FOR
APPROVAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION:
(A) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS,
SUCH APPLICANT SHALL FIRST APPLY TO THE COMMUNITY DISTRICT EDUCATION
COUNCIL FOR APPROVAL WHERE SUCH CHARTER SCHOOL IS PROPOSED TO BE
LOCATED. THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL ACT ON AN
APPLICATION WITHIN NINETY DAYS OF RECEIPT OF SUCH APPLICATION. AN APPLI-
CATION SHALL BE DEEMED APPROVED FOR TRANSMISSION TO AND CONSIDERATION BY
THE APPROPRIATE CHARTER ENTITY IF THERE IS A MAJORITY VOTE OF THE
MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL PRESENT AT A MEETING
AT WHICH THERE IS A QUORUM IN FAVOR OF THE APPLICATION.
(B) FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE INHABITANTS, SUCH APPLICANT SHALL FIRST
APPLY TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE THE CHARTER
SCHOOL IS PROPOSED TO BE LOCATED AND REQUEST A PUBLIC VOTE ON SUCH
APPLICATION. SUCH PUBLIC VOTE SHALL BE HELD IN ACCORDANCE WITH THE
PROVISIONS OF PART ONE OF ARTICLE FORTY-ONE OF THIS TITLE, ON THE NEXT
SCHEDULED SCHOOL BUDGET VOTE OR REVOTE DATE; PROVIDED, HOWEVER, THAT FOR
THE BUFFALO AND ROCHESTER CITY SCHOOL DISTRICTS, SUCH VOTE SHALL BE HELD
ON ELECTION DAY OR PRIMARY DAY. SUCH APPLICATION SHALL BE DEEMED
APPROVED FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRIATE CHAR-
TER ENTITY IF A MAJORITY OF ELIGIBLE VOTERS CAST A BALLOT VOTE IN FAVOR
OF THE APPLICATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15307-01-6
A. 10729 2
3. [An] AFTER APPROVAL PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION,
AN applicant shall submit the application to a charter entity for
approval. For purposes of this article, a charter entity shall be:
(a) The board of education of a school district eligible for an appor-
tionment of aid under subdivision four of section thirty-six hundred two
of this chapter, provided that a board of education shall not approve an
application for a school to be operated outside the school district's
geographic boundaries and further provided that in a city having a popu-
lation of one million or more, the chancellor of any such city school
district shall be the charter entity established by this paragraph;
(b) The board of trustees of the state university of New York; or
(c) The board of regents.
The board of regents shall be the only entity authorized to issue a
charter pursuant to this article. Notwithstanding any provision of this
subdivision to the contrary, an application for the conversion of an
existing public school to a charter school shall be submitted to, and
may only be approved by, the charter entity set forth in paragraph (a)
of this subdivision. Notwithstanding any law, rule or regulation to the
contrary, any such application for conversion shall be consistent with
this section [but shall not be subject to the process pursuant to subdi-
vision nine-a of section twenty-eight hundred fifty-two of this arti-
cle], and the charter entity shall require that the parents or guardians
of a majority of the students then enrolled in the existing public
school vote in favor of converting the school to a charter school.
3-A. PRIOR TO APPLYING FOR RENEWAL OF A CHARTER PURSUANT TO SUBDIVI-
SION FOUR OF THIS SECTION:
(A) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS,
A CHARTER SCHOOL APPLICATION FOR RENEWAL SHALL FIRST APPLY TO THE COMMU-
NITY DISTRICT EDUCATION COUNCIL FOR APPROVAL WHERE SUCH CHARTER SCHOOL
IS PROPOSED TO BE LOCATED. THE COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL ACT ON AN APPLICATION FOR RENEWAL OF A CHARTER WITHIN NINETY DAYS
OF RECEIPT OF SUCH APPLICATION. AN APPLICATION SHALL BE DEEMED APPROVED
FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRIATE CHARTER ENTITY
IF THERE IS A MAJORITY VOTE OF THE MEMBERS OF THE COMMUNITY DISTRICT
EDUCATION COUNCIL PRESENT AT A MEETING AT WHICH THERE IS A QUORUM IN
FAVOR OF THE APPLICATION.
(B) FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE INHABITANTS, SUCH APPLICANT SHALL FIRST
APPLY TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE THE CHARTER
IS PROPOSED TO BE LOCATED AND REQUEST A PUBLIC VOTE ON THEIR APPLICA-
TION. SUCH PUBLIC VOTE SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS
OF PART ONE OF ARTICLE FORTY-ONE OF THIS TITLE, ON THE NEXT SCHEDULED
SCHOOL BUDGET VOTE OR REVOTE DATE; PROVIDED, HOWEVER, THAT FOR THE
BUFFALO AND ROCHESTER CITY SCHOOL DISTRICTS, SUCH VOTE SHALL BE HELD ON
ELECTION DAY OR PRIMARY DAY. SUCH APPLICATION SHALL BE DEEMED APPROVED
FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRIATE CHARTER ENTITY
IF A MAJORITY OF ELIGIBLE VOTERS CAST A BALLOT VOTE IN FAVOR OF THE
APPLICATION.
3-B. (A) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABIT-
ANTS, THE APPLICATION FOR RENEWAL OF A CHARTER SCHOOL SHALL BE SUBMITTED
TO THE COMMUNITY DISTRICT EDUCATION COUNCIL FOR APPROVAL WHERE SUCH
CHARTER SCHOOL IS LOCATED NO LATER THAN TWO MONTHS PRIOR TO SUBMISSION
TO THE CHARTER ENTITY. THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL
ACT ON THE APPLICATION WITHIN FORTY-FIVE DAYS FROM RECEIPT OF AN APPLI-
CATION FOR RENEWAL OF A CHARTER SCHOOL. WITHIN SEVEN DAYS OF APPROVING
SUCH APPLICATION FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRI-
A. 10729 3
ATE CHARTER ENTITY, THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL
FORWARD SUCH RENEWAL APPLICATION TO THE NEW YORK CITY DEPARTMENT OF
EDUCATION AND THE APPROPRIATE CHARTER ENTITY ALONG WITH A FORM TO BE
DEVELOPED BY THE COMMISSIONER WHICH STATES THAT THE COMMUNITY DISTRICT
EDUCATION COUNCIL HAS ACTED TO APPROVE SUCH CHARTER RENEWAL APPLICATION.
AN APPLICATION SHALL BE DEEMED APPROVED FOR TRANSMISSION TO AND CONSID-
ERATION BY THE APPROPRIATE CHARTER ENTITY IF THERE IS A MAJORITY VOTE OF
THE MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL PRESENT AT A
MEETING AT WHICH THERE IS A QUORUM IN FAVOR OF THE APPLICATION. WITHIN
SEVEN DAYS OF DENYING AN APPLICATION FOR RENEWAL OF A CHARTER SCHOOL,
THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL FORWARD A NOTICE OF
DENIAL OF SUCH APPLICATION TO THE NEW YORK CITY DEPARTMENT OF EDUCATION,
THE BOARD OF REGENTS, AND THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY
OF NEW YORK. SUCH NOTICE SHALL BE IN WRITING AND INCLUDE FACTUAL FIND-
INGS, SPECIFIC TO THE APPLICATION, STATING THE REASONS FOR SUCH DENIAL.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DENIAL OF AN
APPLICATION SHALL BE CONSIDERED FINAL AND SHALL NOT BE ELIGIBLE FOR
RECONSIDERATION BY ANY OTHER CHARTER ENTITY. A CHARTER ENTITY SHALL NOT
ACT ON A CHARTER RENEWAL APPLICATION UNLESS THE VOTE OF THE COMMUNITY
DISTRICT EDUCATION COUNCIL WHERE THE CHARTER SCHOOL IS LOCATED HAS
APPROVED SUCH CHARTER RENEWAL APPLICATION.
(B) FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE INHABITANTS, THE APPLICATION FOR RENEWAL
OF A CHARTER SCHOOL SHALL BE SUBMITTED TO THE SCHOOL BOARD WHERE SUCH
CHARTER SCHOOL IS LOCATED FOR APPROVAL NO LATER THAN FEBRUARY FIRST,
PRECEDING THE END OF THE CHARTER TERM. THE CHARTER SCHOOL APPLYING FOR
RENEWAL SHALL PAY ALL ACTUAL COSTS TO THE SCHOOL DISTRICT WHERE SUCH
CHARTER SCHOOL IS LOCATED FOR APPROVAL TO HOST TWO PUBLIC HEARINGS, ONE
IN THE EVENING AND ONE DURING A WEEKEND DAY, WITHIN FORTY-FIVE DAYS OF
RECEIVING SUCH APPLICATION, WHERE RESIDENTS OF SUCH SCHOOL DISTRICT
SHALL HAVE THE OPPORTUNITY TO SPEAK IN PERSON, VIA ELECTRONIC MEANS, OR
SUBMIT COMMENTS REGARDING THE CONSIDERATION OF SUCH RENEWAL. SUCH PUBLIC
HEARINGS SHALL BE WEBCAST AND CONDUCTED IN ACCORDANCE WITH THE PUBLIC
OFFICERS LAW. A PUBLIC VOTE SHALL BE HELD IN ACCORDANCE WITH THE
PROVISIONS OF PART ONE OF ARTICLE FORTY-ONE OF THIS TITLE, ON THE NEXT
SCHEDULED SCHOOL BUDGET VOTE OR REVOTE DATE; PROVIDED, HOWEVER, THAT FOR
THE BUFFALO AND ROCHESTER CITY SCHOOL DISTRICTS, SUCH VOTE SHALL BE HELD
ON ELECTION DAY OR PRIMARY DAY. SUCH APPLICATION FOR RENEWAL SHALL BE
DEEMED APPROVED FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRIATE
CHARTER ENTITY IF A MAJORITY OF ELIGIBLE VOTERS CAST A BALLOT VOTE IN
FAVOR OF THE RENEWAL APPLICATION. WITHIN SEVEN DAYS OF SUCH PUBLIC VOTE
TO CONSIDER SUCH APPLICATION, THE SCHOOL BOARD SHALL FORWARD SUCH
RENEWAL APPLICATION TO THE APPROPRIATE CHARTER ENTITY ALONG WITH A FORM
TO BE DEVELOPED BY THE COMMISSIONER, WHICH STATES THAT THE VOTERS OF THE
SCHOOL DISTRICT HAVE ACTED TO APPROVE THE CHARTER RENEWAL APPLICATION.
WITHIN SEVEN DAYS OF A PUBLIC VOTE DENYING AN APPLICATION FOR RENEWAL OF
A CHARTER SCHOOL, THE SCHOOL BOARD SHALL FORWARD A WRITTEN NOTICE OF
DENIAL OF SUCH APPLICATION TO THE BOARD OF REGENTS AND THE BOARD OF
TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A DENIAL OF
A CHARTER RENEWAL SHALL BE CONSIDERED FINAL AND SHALL NOT BE ELIGIBLE
FOR RECONSIDERATION BY ANY OTHER CHARTER ENTITY. A CHARTER ENTITY SHALL
NOT ACT ON A CHARTER RENEWAL APPLICATION UNLESS THE PUBLIC VOTE OF THE
SCHOOL DISTRICT OR THE COMMUNITY DISTRICT EDUCATION COUNCIL WHERE THE
CHARTER SCHOOL IS LOCATED HAS APPROVED SUCH CHARTER RENEWAL APPLICATION.
A. 10729 4
4. Charters may be renewed, upon application, for a term of up to five
years in accordance with the provisions of this article for the issuance
of such charters pursuant to section twenty-eight hundred fifty-two of
this article[; provided, however, that a]. SUCH renewal application
shall include:
(a) A report of the progress of the charter school in achieving the
educational objectives set forth in the charter.
(b) A detailed financial statement that discloses the cost of adminis-
tration, instruction and other spending categories for the charter
school that will allow a comparison of such costs to other schools, both
public and private. Such statement shall be in a form prescribed by the
board of regents.
(c) Copies of each of the annual reports of the charter school
required by subdivision two of section twenty-eight hundred fifty-seven
of this article, including the charter school report cards and the
certified financial statements.
(d) Indications of parent and student satisfaction.
(e) The means by which the charter school will meet or exceed enroll-
ment and retention targets as prescribed by the board of regents or the
board of trustees of the state university of New York, as applicable, of
students with disabilities, English language learners, and students who
are eligible applicants for the free and reduced price lunch program
which shall be considered by the charter entity prior to approving such
charter school's application for renewal. When developing such targets,
the board of regents and the board of trustees of the state university
of New York shall ensure (1) that such enrollment targets are comparable
to the enrollment figures of such categories of students attending the
public schools within the school district, or in a city school district
in a city having a population of one million or more inhabitants, the
community school district, in which the charter school is located; and
(2) that such retention targets are comparable to the rate of retention
of such categories of students attending the public schools within the
school district, or in a city school district in a city having a popu-
lation of one million or more inhabitants, the community school
district, in which the proposed charter school would be located.
Such renewal application shall be submitted to the charter entity no
later than six months prior to the expiration of the charter; provided,
however, that the charter entity may waive such deadline for good cause
shown.
§ 2. Subdivisions 1, 3 and 7 of section 2852 of the education law,
subdivision 1 as amended by chapter 101 of the laws of 2010, subdivision
3 as added by chapter 4 of the laws of 1998 and subdivision 7 as amended
by section 2 of part D-2 of chapter 57 of the laws of 2007, are amended
to read as follows:
1. (A) A CHARTER ENTITY SHALL NOT ACT ON AN APPLICATION UNLESS THE
SCHOOL BOARD OF THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS TO BE
LOCATED HAS TRANSMITTED APPROVAL DOCUMENTATION OF THE PUBLIC VOTE OR THE
COMMUNITY DISTRICT EDUCATION COUNCIL HAS VOTED AND APPROVED THE CHARTER
APPLICATION AND TRANSMITTED SUCH APPROVAL DOCUMENTATION TO SUCH CHARTER
ENTITY. EACH SCHOOL DISTRICT OR COMMUNITY DISTRICT EDUCATION COUNCIL
THAT RECEIVES AN APPLICATION FOR APPROVAL OF A CHARTER SCHOOL SHALL ACT
ON EACH REQUEST RECEIVED PRIOR TO FEBRUARY FIRST OF A CALENDAR YEAR.
WITHIN SEVEN DAYS OF APPROVING A CHARTER APPLICATION FOR TRANSMISSION TO
AND CONSIDERATION BY THE APPROPRIATE CHARTER ENTITY, THE SCHOOL BOARD OR
THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL FORWARD SUCH APPLICATION
TO THE APPROPRIATE CHARTER ENTITY ALONG WITH A FORM TO BE DEVELOPED BY
A. 10729 5
THE COMMISSIONER, WHICH STATES THAT THE SCHOOL DISTRICT BY PUBLIC VOTE
OR THE COMMUNITY DISTRICT EDUCATION COUNCIL HAS ACTED TO APPROVE THE
CHARTER APPLICATION. THE DENIAL OF AN APPLICATION FOR A CHARTER SCHOOL
BY A SCHOOL DISTRICT PUBLIC VOTE OR THE COMMUNITY DISTRICT EDUCATION
COUNCIL SHALL BE IN WRITING AND INCLUDE WRITTEN FACTUAL FINDINGS SPECIF-
IC TO THE APPLICATION, STATING THE REASONS FOR SUCH DENIAL. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, SUCH DENIAL SHALL BE
CONSIDERED FINAL AND SHALL NOT BE REVIEWABLE IN ANY COURT OR BY ANY
ADMINISTRATIVE BODY, OR CHARTER ENTITY.
(B) A charter entity that receives an application for approval of a
charter school WHICH HAS BEEN APPROVED BY A LOCAL SCHOOL BOARD BY PUBLIC
VOTE OR THE COMMUNITY DISTRICT EDUCATION COUNCIL shall act on each
[request] CHARTER SCHOOL APPLICATION received FROM A SCHOOL BOARD OR THE
COMMUNITY DISTRICT EDUCATION COUNCIL prior to July first of a calendar
year on or before January first of the succeeding calendar year, and a
proposed charter between the applicant and the charter entity resulting
from such application TRANSMITTED BY THE LOCAL SCHOOL BOARD OR THE
COMMUNITY DISTRICT EDUCATION COUNCIL shall be executed on or before
February first of such succeeding year. Nothing in this subdivision
shall be construed to prevent a charter entity from receiving or acting
upon an application at any time; PROVIDED, HOWEVER, THAT SUCH APPLICA-
TION SHALL HAVE THE APPROVAL OF A PUBLIC VOTE OF THE SCHOOL DISTRICT
WHERE THE CHARTER SCHOOL IS TO BE LOCATED OR THE COMMUNITY DISTRICT
EDUCATION COUNCIL. [This subdivision shall not apply to applications
that are submitted pursuant to subdivision nine-a of this section.]
3. A charter entity is not required to approve a charter and may
require an applicant to modify or supplement an application as a condi-
tion of approval. ANY MODIFICATION OR SUPPLEMENT TO AN APPLICATION
SHALL FIRST BE APPROVED BY THE SCHOOL BOARD WHERE THE CHARTER SCHOOL IS
TO BE LOCATED OR THE COMMUNITY DISTRICT EDUCATION COUNCIL BEFORE THE
CHARTER ENTITY MAY ACT ON THE MODIFIED OR AMENDED CHARTER SCHOOL APPLI-
CATION. An existing private school shall not be eligible to convert to a
charter school. In determining whether an application involves the
conversion of an existing private school, the charter entity and the
board of regents shall consider such factors as: (a) whether the charter
school would have the same or substantially the same board of trustees
and/or officers as an existing private school; (b) whether a substantial
proportion of employees of the charter school would be drawn from such
existing private school; (c) whether a substantial portion of the assets
and property of such existing private school would be transferred to the
charter school; (d) whether the charter school would be located at the
same site as such existing private school; (e) upon renewal only, wheth-
er such private school closed within one year of establishment of the
charter school; and (f) upon renewal only, whether a substantial portion
of the charter school's students were drawn from such existing private
school.
7. (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 AFTER
APPROVAL BY THE VOTERS OF THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL
IS TO BE LOCATED OR THE COMMUNITY DISTRICT EDUCATION COUNCIL.
(b) When a revision of a charter involves the relocation of a charter
school to a different school district, the proposed new school district
shall be given at least [forty-five] SEVENTY days notice of the proposed
relocation. In addition, the applicant shall provide an analysis of the
community support for such relocation and of the projected programmatic
A. 10729 6
IMPACT and AN INDEPENDENT fiscal impact STATEMENT of the charter school
on the proposed new school district of location and other public and
nonpublic schools in the area. THE APPLICANT SHALL PAY ALL ACTUAL COSTS
TO THE SCHOOL DISTRICT WHERE SUCH CHARTER SCHOOL IS PROPOSED TO BE RELO-
CATED FOR APPROVAL TO HOST TWO PUBLIC HEARINGS, ONE IN THE EVENING AND
ONE DURING A WEEKEND DAY, WITHIN FORTY-FIVE DAYS OF RECEIVING SUCH
APPLICATION, WHERE RESIDENTS OF SUCH SCHOOL DISTRICT SHALL HAVE THE
OPPORTUNITY TO SPEAK IN PERSON OR VIA ELECTRONIC MEANS, OR SUBMIT
COMMENTS REGARDING THE CONSIDERATION OF SUCH RELOCATION. SUCH PUBLIC
HEARINGS SHALL BE WEBCAST AND CONDUCTED IN ACCORDANCE WITH THE PUBLIC
OFFICERS LAW. THE APPROVAL OF THE SCHOOL DISTRICT VOTERS ON THE NEXT
SCHOOL BUDGET VOTE OR REVOTE DATE WHERE SUCH CHARTER SCHOOL IS RELOCAT-
ING OR THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL BE REQUIRED PURSU-
ANT TO THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION; PROVIDED, HOWEVER, THAT FOR THE BUFFALO AND ROCHESTER CITY
SCHOOL DISTRICTS, SUCH VOTE SHALL BE HELD ON ELECTION DAY OR PRIMARY
DAY.
§ 3. This act shall take effect immediately.