S T A T E O F N E W Y O R K
________________________________________________________________________
4833
2025-2026 Regular Sessions
I N A S S E M B L Y
February 6, 2025
___________
Introduced by M. of A. O'PHARROW -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to disallowing an appli-
cation for a charter school to be approved if a school district is
under the supervision of a state monitor or fiscal monitor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (e) of subdivision 2 of section 2852 of
the education law, as amended by section 4-a of part A of chapter 56 of
the laws of 2023, are amended and a new paragraph (f) is added to read
as follows:
(d) in a school district where the total enrollment of resident
students attending charter schools in the base year is greater than five
percent of the total public school enrollment of the school district in
the base year (i) granting the application would have a significant
educational benefit to the students expected to attend the proposed
charter school or (ii) the school district in which the charter school
will be located consents to such application; [and]
(e) for applicants for an initial charter pursuant to paragraph (b-1)
of subdivision nine of this section in a school district located in a
city with a population of one million or more, the total enrollment of
students attending charter schools within the community district in
which the charter school will be located in the base year is less than
or equal to fifty-five percent of the total public school enrollment
attending within such community district in the base year[.]; AND
(F) A STATE MONITOR OR FISCAL MONITOR IS NOT OPERATING IN SUCH SCHOOL
DISTRICT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08802-01-5