S T A T E O F N E W Y O R K
________________________________________________________________________
10925
I N A S S E M B L Y
April 9, 2026
___________
Introduced by M. of A. BURROUGHS -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to removing the board of
trustees of the state university of New York as a charter entity for
purposes of the charter school approval process
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 2851 of the education law, as
amended by chapter 101 of the laws of 2010, is amended to read as
follows:
3. 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; OR
(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 article,
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15265-01-6
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§ 2. Subdivisions 9 and 9-a 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, paragraph (b-1) of subdivision 9 as added by section 4 of part A
of chapter 56 of the laws of 2023, are 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. 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
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.
(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
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 such reissuance shall not be
counted toward the statewide numerical limit established by this subdi-
vision, and provided further that no more than twenty-two charters may
be reissued pursuant to this paragraph.
(b-1) A charter that has been surrendered, revoked or terminated after
January first, two thousand fifteen, but before July first, two thousand
twenty-two, including a charter that has not been renewed by action of
its charter entity, may be reissued once pursuant to paragraph (a) of
this subdivision 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 compet-
itive process in accordance with subdivision nine-a of this section.
Provided that such reissuance shall not be counted toward the numerical
limits established by this subdivision, and provided further that no
more than twenty-two charters may be reissued pursuant to this para-
graph, provided that fourteen of such reissued charters shall be allo-
cated for, and shall not be counted toward the numerical limit in, a
city having a population of one million or more established in paragraph
(a) of this subdivision. Nothing herein shall be construed to allow more
than fourteen such charters to be reissued in a city having a population
of one million or more.
(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
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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] SUBPART A OF PART B OF chapter TWENTY of
the laws of two thousand fifteen [which added this paragraph].
9-a. (a) The board of regents is hereby authorized and directed to
issue four hundred sixty 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.
(b) 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,
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 alternatives within the local public education system that
would offer the greatest educational benefit to students. Applications
shall be evaluated 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 consid-
er any applications which do not rigorously demonstrate that they have
met the following criteria:
(i) that the proposed charter school would meet or exceed enrollment
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. 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 popu-
lation of one million or more inhabitants, the community school
district, in which the proposed charter school would be 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; and
(ii) that the applicant has conducted public outreach, in conformity
with a thorough and meaningful public review process prescribed by the
board of regents [and the board of trustees of the state university of
New York], to solicit community input regarding the proposed charter
school and to address comments received from the impacted community
concerning the educational and programmatic needs of students.
(c) The board of regents [and the board of trustees of the state
university of New York] shall grant priority based on a scoring rubric
to those applications that best demonstrate how they will achieve the
following objectives, and any additional objectives the board of regents
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[and the board of trustees of the state university of New York,] may
prescribe:
(i) increasing student achievement and decreasing student achievement
gaps in reading/language arts and mathematics;
(ii) increasing high school graduation rates and focusing on serving
specific high school student populations including, but not limited to,
students at risk of not obtaining a high school diploma, re-enrolled
high school drop-outs, and students with academic skills below grade
level;
(iii) focusing on the academic achievement of middle school students
and preparing them for a successful transition to high school;
(iv) utilizing high-quality assessments designed to measure a
student's knowledge, understanding of, and ability to apply, critical
concepts through the use of a variety of item types and formats;
(v) increasing the acquisition, adoption, and use of local instruc-
tional improvement systems that provide teachers, principals, and admin-
istrators with the information and resources they need to inform and
improve their instructional practices, decision-making, and overall
effectiveness;
(vi) partnering with low performing public schools in the area to
share best educational practices and innovations;
(vii) demonstrating the management and leadership techniques necessary
to overcome initial start-up problems to establish a thriving, finan-
cially viable charter school;
(viii) 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.
(d) [No later than November first, two thousand ten, and of each
succeeding year, after a thorough review of applications received, the
board of trustees of the state university of New York shall recommend
for approval to the board of regents the qualified applications that it
has determined rigorously demonstrate the criteria and best satisfy the
objectives contained within a request for proposals, along with support-
ing documentation outlining such determination.
(e)] Upon receipt of a proposed charter to be issued pursuant to this
subdivision submitted by a charter entity, the board of regents [or the
board of trustees of the state university of New York,] shall review,
recommend and issue, as applicable, such charters in accordance with the
standards established in this subdivision.
[(f)] (E) The board of regents shall be the only entity authorized to
issue a charter pursuant to this article. The board of regents shall
consider applications submitted directly to the board of regents [and
applications recommended by the board of trustees of the state universi-
ty of New York]. Provided, however, that all such recommended applica-
tions shall be deemed approved and issued pursuant to the provisions of
subdivisions five, five-a and five-b of this section.
[(g)] (F) Each application submitted in response to a request for
proposals pursuant to this subdivision shall also meet the application
requirements set out in this article and any other applicable laws,
rules and regulations.
[(h)] (G) During the development of a request for proposals pursuant
to this subdivision the board of regents [and the board of trustees of
the state university of New York] shall [each] afford the public an
opportunity to submit comments and shall review and consider the
comments raised by all interested parties.
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§ 3. Paragraph (e) of subdivision 1 of section 2855 of the education
law, as added by chapter 101 of the laws of 2010, is amended to read as
follows:
(e) Repeated failure to comply with the requirement to meet or exceed
enrollment and retention targets of students with disabilities, English
language learners, and students who are eligible applicants for the free
and reduced price lunch program pursuant to targets established by the
board of regents [or the board of trustees of the state university of
New York, as applicable]. Provided, however, if no grounds for terminat-
ing a charter are established pursuant to this section other than pursu-
ant to this paragraph, and the charter school demonstrates that it has
made extensive efforts to recruit and retain such students, including
outreach to parents and families in the surrounding communities, widely
publicizing the lottery for such school, and efforts to academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter.
§ 4. Paragraph (d) of subdivision 2 of section 2857 of the education
law, as added by chapter 101 of the laws of 2010, is amended to read as
follows:
(d) efforts taken by the charter school in the existing school year,
and a plan for efforts to be taken in the succeeding school year, to
meet or exceed enrollment and retention targets set 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 lear-
ners, and students who are eligible applicants for the free and reduced
price lunch program established pursuant to paragraph (e) of subdivision
four of section twenty-eight hundred fifty-one of this article.
§ 5. This act shall take effect on the first of July next succeeding
the date on which 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 date.