S T A T E O F N E W Y O R K
________________________________________________________________________
10658
I N S E N A T E
June 22, 2026
___________
Introduced by Sen. WEIK -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the approval of appli-
cations of charter schools and to establishing the board of regents as
the primary charter school vetting and oversight authority
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 to read as follows:
3. An applicant shall submit the application to a charter entity for
approval; PROVIDED, HOWEVER, THAT IN A CITY WITH 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 BY FEBRUARY FIRST OF THE SCHOOL YEAR TWO SCHOOL YEARS PRIOR
TO THE SCHOOL YEAR WHEN THE CHARTER SCHOOL IS PLANNING TO COMMENCE OPER-
ATIONS. SUCH COMMUNITY DISTRICT EDUCATION COUNCIL SHALL CONDUCT PUBLIC
HEARINGS ON SUCH PROPOSED APPLICATION AT THE REGULARLY SCHEDULED MARCH
AND APRIL BOARD MEETINGS, WHERE RESIDENTS OF SUCH COMMUNITY DISTRICT
SHALL HAVE THE OPPORTUNITY TO SPEAK IN PERSON OR VIA ELECTRONIC MEANS,
OR SUBMIT COMMENTS REGARDING THE CONSIDERATION OF SUCH APPLICATION. THE
COMMUNITY DISTRICT EDUCATION COUNCIL SHALL DENY OR CERTIFY SUCH APPLICA-
TION AT THE REGULARLY SCHEDULED MAY MEETING. AN APPLICATION SHALL BE
DEEMED CERTIFIED FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRI-
ATE CHARTER ENTITY IF THERE IS A MAJORITY VOTE IN FAVOR OF THE APPLICA-
TION OF THE MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL PRESENT
AT A MEETING AT WHICH THERE IS A QUORUM PRESENT. WITHIN SEVEN DAYS OF
DENYING OR CERTIFYING AN APPLICATION FOR A NEW CHARTER, THE COMMUNITY
DISTRICT EDUCATION COUNCIL SHALL FORWARD NOTICE OF SUCH DENIAL OR
CERTIFICATION TO THE DEPARTMENT, THE NEW YORK CITY DEPARTMENT OF EDUCA-
TION, AND THE BOARD OF REGENTS ALONG WITH A FORM TO BE DEVELOPED BY THE
COMMISSIONER WHICH STATES THAT THE COMMUNITY DISTRICT EDUCATION COUNCIL
HAS ACTED TO DENY OR CERTIFY SUCH APPLICATION FOR A NEW CHARTER. SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16086-01-6
S. 10658 2
NOTICE SHALL INCLUDE FACTUAL FINDINGS, SPECIFIC TO THE APPLICATION,
STATING THE REASONS FOR SUCH DENIAL OR CERTIFICATION. 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 AN APPLICATION
FOR A NEW CHARTER UNLESS THE VOTE OF THE COMMUNITY DISTRICT EDUCATION
COUNCIL WHERE THE CHARTER SCHOOL IS PROPOSED TO BE LOCATED HAS CERTIFIED
SUCH CHARTER APPLICATION. FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A
CITY WITH A POPULATION OF ONE MILLION OR MORE, SUCH APPLICANT SHALL
FIRST SUBMIT THEIR FULL APPLICATION TO THE BOARD OF EDUCATION OF THE
SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS PROPOSED TO BE LOCATED BY
FEBRUARY FIRST OF THE SCHOOL YEAR TWO SCHOOL YEARS PRIOR TO THE SCHOOL
YEAR WHEN THE CHARTER SCHOOL IS PLANNING TO COMMENCE OPERATIONS. SUCH
BOARD OF EDUCATION SHALL CONDUCT PUBLIC HEARINGS ON SUCH PROPOSED APPLI-
CATION AT THE REGULARLY SCHEDULED MARCH AND APRIL BOARD MEETINGS, WHERE
RESIDENTS OF SUCH SCHOOL DISTRICT SHALL HAVE THE OPPORTUNITY TO SPEAK IN
PERSON OR VIA ELECTRONIC MEANS, OR SUBMIT COMMENTS REGARDING THE CONSID-
ERATION OF SUCH APPLICATION. QUALIFIED VOTERS OF SUCH SCHOOL DISTRICT
SHALL DENY OR CERTIFY SUCH APPLICATION ON THE NEXT SCHEDULED SCHOOL
BUDGET VOTE DATE. SUCH PUBLIC VOTE SHALL BE HELD IN ACCORDANCE WITH THE
PROVISIONS OF PART ONE OF ARTICLE FORTY-ONE OF THIS CHAPTER. SUCH
APPLICATION SHALL BE DEEMED CERTIFIED FOR TRANSMISSION TO AND CONSIDER-
ATION BY THE APPROPRIATE CHARTER ENTITY IF A MAJORITY OF THE VOTES CAST
THEREON BY ELIGIBLE VOTERS ARE IN THE AFFIRMATIVE. WITHIN SEVEN DAYS OF
DENYING OR CERTIFYING AN APPLICATION FOR A NEW CHARTER, THE SCHOOL
DISTRICT SHALL FORWARD NOTICE OF SUCH DENIAL OR CERTIFICATION TO THE
DEPARTMENT, AND THE BOARD OF REGENTS ALONG WITH A FORM TO BE DEVELOPED
BY THE COMMISSIONER WHICH STATES THAT THE VOTERS OF THE SCHOOL DISTRICT
HAVE ACTED TO DENY OR CERTIFY SUCH APPLICATION FOR A NEW CHARTER. SUCH
NOTICE SHALL INCLUDE FACTUAL FINDINGS, SPECIFIC TO THE APPLICATION,
STATING THE REASONS FOR SUCH DENIAL OR CERTIFICATION. 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 AN APPLICATION
FOR A NEW CHARTER UNLESS THE VOTERS OF THE SCHOOL DISTRICT WHERE THE
CHARTER SCHOOL IS PROPOSED TO BE LOCATED HAVE CERTIFIED SUCH CHARTER
APPLICATION. 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] SERVE AS THE PRIMARY STATEWIDE AUTHORITY RESPONSIBLE FOR
VETTING CHARTER SCHOOL APPLICATIONS AND ENSURING COMPLIANCE WITH THE
EDUCATIONAL, GOVERNANCE, FINANCIAL, AND COMMUNITY IMPACT STANDARDS
ESTABLISHED pursuant to this article.
THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL NO
LONGER SERVE AS A CHARTER ENTITY OR CHARTER AUTHORIZER UNDER THIS ARTI-
CLE.
THE BOARD OF REGENTS SHALL BE THE ONLY ENTITY AUTHORIZED TO ISSUE A
CHARTER PURSUANT TO THIS ARTICLE.
S. 10658 3
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 subdivision nine-a of section twen-
ty-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. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, NO CHARTER SCHOOL APPROVED PURSUANT TO
THIS SUBDIVISION SHALL RECEIVE OR BE ELIGIBLE TO RECEIVE ANY SCHOOL
DISTRICT FUNDS UNLESS SUCH CHARTER SCHOOL APPLICATION HAS FIRST BEEN
CERTIFIED AS REQUIRED BY THIS SUBDIVISION. IF A CHARTER SCHOOL APPLICA-
TION HAS BEEN CERTIFIED PURSUANT TO THIS SUBDIVISION, THE SCHOOL
DISTRICT SHALL BE AUTHORIZED TO DISTRIBUTE PUBLIC EDUCATION FUNDS TO
SUCH CHARTER SCHOOL PURSUANT TO THIS ARTICLE. IF THE APPLICATION HAS
BEEN DENIED, THE CHARTER SCHOOL SHALL NOT RECEIVE SCHOOL DISTRICT FUNDS
WITHIN THAT DISTRICT.
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] IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE, SUCH APPLICANT SHALL FIRST SUBMIT THEIR RENEWAL
APPLICATION FOR REVIEW TO THE COMMUNITY DISTRICT EDUCATION COUNCIL WHERE
SUCH CHARTER SCHOOL IS LOCATED BY FEBRUARY FIRST OF THE YEAR THE CHARTER
IS SET TO EXPIRE. SUCH COMMUNITY DISTRICT EDUCATION COUNCIL SHALL
CONDUCT PUBLIC HEARINGS ON SUCH RENEWAL APPLICATION AT THE REGULARLY
SCHEDULED MARCH AND APRIL BOARD MEETINGS, WHERE RESIDENTS OF SUCH COMMU-
NITY DISTRICT SHALL HAVE THE OPPORTUNITY TO SPEAK IN PERSON OR VIA ELEC-
TRONIC MEANS, OR SUBMIT COMMENTS REGARDING THE CONSIDERATION OF SUCH
RENEWAL APPLICATION. THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL DENY
OR CERTIFY SUCH RENEWAL APPLICATION AT THE REGULARLY SCHEDULED MAY MEET-
ING. AN APPLICATION SHALL BE DEEMED CERTIFIED FOR TRANSMISSION TO AND
CONSIDERATION BY THE APPROPRIATE CHARTER ENTITY IF THERE IS A MAJORITY
VOTE IN FAVOR OF THE RENEWAL APPLICATION OF THE MEMBERS OF THE COMMUNITY
DISTRICT EDUCATION COUNCIL PRESENT AT A MEETING AT WHICH THERE IS A
QUORUM PRESENT. WITHIN SEVEN DAYS OF DENYING OR CERTIFYING AN APPLICA-
TION FOR RENEWAL OF A CHARTER, THE COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL FORWARD NOTICE OF SUCH DENIAL OR CERTIFICATION TO THE DEPARTMENT,
THE NEW YORK CITY DEPARTMENT OF EDUCATION, AND THE BOARD OF REGENTS
ALONG WITH A FORM TO BE DEVELOPED BY THE COMMISSIONER WHICH STATES THAT
THE COMMUNITY DISTRICT EDUCATION COUNCIL HAS ACTED TO DENY OR CERTIFY
SUCH APPLICATION FOR RENEWAL OF A CHARTER. SUCH NOTICE SHALL INCLUDE
FACTUAL FINDINGS, SPECIFIC TO THE APPLICATION, STATING THE REASONS FOR
SUCH DENIAL OR CERTIFICATION. 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 AN APPLICATION FOR RENEWAL OF A CHARTER
UNLESS THE VOTE OF THE COMMUNITY DISTRICT EDUCATION COUNCIL WHERE THE
CHARTER SCHOOL IS LOCATED HAS CERTIFIED SUCH CHARTER RENEWAL APPLICA-
TION. FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE, SUCH APPLICANT SHALL FIRST SUBMIT THEIR
RENEWAL APPLICATION TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT
WHERE THE CHARTER IS LOCATED BY FEBRUARY FIRST OF THE YEAR THE CHARTER
S. 10658 4
IS SET TO EXPIRE. SUCH BOARD OF EDUCATION SHALL CONDUCT PUBLIC HEARINGS
ON SUCH RENEWAL APPLICATION AT THE REGULARLY SCHEDULED MARCH AND APRIL
BOARD MEETINGS, 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 RENEWAL APPLICATION. QUALI-
FIED VOTERS OF SUCH SCHOOL DISTRICT SHALL DENY OR CERTIFY SUCH RENEWAL
APPLICATION ON THE NEXT SCHEDULED SCHOOL BUDGET VOTE DATE. SUCH PUBLIC
VOTE SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF PART ONE OF
ARTICLE FORTY-ONE OF THIS CHAPTER. QUALIFIED VOTERS RESIDING IN THE
BUFFALO, ROCHESTER AND YONKERS CITY SCHOOL DISTRICTS SHALL VOTE TO DENY
OR CERTIFY SUCH RENEWAL APPLICATION ON GENERAL ELECTION DAY. SUCH APPLI-
CATION SHALL BE DEEMED CERTIFIED FOR TRANSMISSION TO AND CONSIDERATION
BY THE APPROPRIATE CHARTER ENTITY IF A MAJORITY OF THE VOTES CAST THERE-
ON BY ELIGIBLE VOTERS ARE IN THE AFFIRMATIVE. WITHIN SEVEN DAYS OF DENY-
ING OR CERTIFYING AN APPLICATION FOR RENEWAL OF A CHARTER, THE SCHOOL
DISTRICT SHALL FORWARD NOTICE OF SUCH DENIAL OR CERTIFICATION TO THE
DEPARTMENT, AND THE BOARD OF REGENTS ALONG WITH A FORM TO BE DEVELOPED
BY THE COMMISSIONER WHICH STATES THAT THE VOTERS OF THE SCHOOL DISTRICT
HAVE ACTED TO DENY OR CERTIFY SUCH APPLICATION FOR RENEWAL OF A CHARTER.
SUCH NOTICE SHALL INCLUDE FACTUAL FINDINGS, SPECIFIC TO THE APPLICATION,
STATING THE REASONS FOR SUCH DENIAL OR CERTIFICATION. 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 AN APPLICATION
FOR RENEWAL OF A CHARTER UNLESS THE VOTERS OF THE SCHOOL DISTRICT WHERE
THE CHARTER SCHOOL IS LOCATED HAVE CERTIFIED SUCH CHARTER RENEWAL APPLI-
CATION. 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 compara-
ble 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 inhabit-
ants, 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
S. 10658 5
having a population 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. NO CHARTER RENEWAL SHALL PERMIT THE CONTINUED RECEIPT OF SCHOOL
DISTRICT FUNDS UNLESS THE CHARTER SCHOOL'S APPLICATION IS APPROVED
PURSUANT TO THIS SUBDIVISION.
§ 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 CHARTER ENTITY SHALL NOT ACT ON AN APPLICATION UNLESS THE COMMU-
NITY DISTRICT EDUCATION COUNCIL OR THE VOTERS OF THE SCHOOL DISTRICT
WHERE THE CHARTER IS LOCATED OR IS PROPOSED TO BE LOCATED HAS VOTED ON
AND CERTIFIED SUCH CHARTER APPLICATION AND TRANSMITTED SUCH CERTIF-
ICATION DOCUMENTATION TO SUCH CHARTER ENTITY. A charter entity that
receives an application for approval of a charter school WHICH HAS BEEN
CERTIFIED BY THE COMMUNITY DISTRICT EDUCATION COUNCIL OR THE VOTERS OF
THE SCHOOL DISTRICT WHERE THE CHARTER IS LOCATED OR IS PROPOSED TO BE
LOCATED shall act on each [request] CHARTER SCHOOL APPLICATION received
FROM A COMMUNITY DISTRICT EDUCATION COUNCIL OR A SCHOOL DISTRICT 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 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 receiv-
ing or acting upon an application at any time[. This subdivision shall
not apply to applications that are submitted pursuant to subdivision
nine-a of this section]; PROVIDED, HOWEVER, THAT SUCH APPLICATION SHALL
HAVE BEEN CERTIFIED BY THE COMMUNITY DISTRICT EDUCATION COUNCIL OR BY
THE VOTERS OF THE SCHOOL DISTRICT WHERE THE CHARTER IS LOCATED OR IS
PROPOSED TO BE LOCATED.
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 SHALL FIRST BE CERTI-
FIED BY THE COMMUNITY DISTRICT EDUCATION COUNCIL OR BY THE VOTERS OF THE
SCHOOL DISTRICT WHERE THE CHARTER IS LOCATED OR IS PROPOSED TO BE
LOCATED BEFORE THE CHARTER ENTITY MAY ACT ON SUCH CHARTER APPLICATION,
PURSUANT TO THE PROVISIONS ESTABLISHED IN SUBDIVISIONS THREE AND FOUR OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE. An existing
private school shall not be eligible to convert to a charter school. In
determining whether an application involves the conversion of an exist-
ing 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 employ-
ees 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, whether 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.
S. 10658 6
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
CERTIFICATION BY THE COMMUNITY DISTRICT EDUCATION COUNCIL OR BY THE
VOTERS OF THE SCHOOL DISTRICT WHERE THE CHARTER IS LOCATED.
(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 days notice] BY FEBRUARY FIRST of
the proposed relocation. In addition, the applicant shall provide an
analysis of the community support for such relocation and of the
projected programmatic 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.
§ 3. Section 2852 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. THE BOARD OF REGENTS SHALL SERVE AS THE PRIMARY STATEWIDE OVER-
SIGHT AUTHORITY RESPONSIBLE FOR MONITORING CHARTER SCHOOLS FOR COMPLI-
ANCE WITH THE TERMS OF THEIR CHARTERS AND ALL APPLICABLE STATE AND
FEDERAL LAWS. SUCH OVERSIGHT SHALL INCLUDE BUT NOT BE LIMITED TO:
(A) ANNUAL ACADEMIC PERFORMANCE REVIEWS;
(B) FINANCIAL AUDITS;
(C) MONITORING COMPLIANCE WITH ENROLLMENT AND RETENTION REQUIREMENTS;
(D) INVESTIGATING COMPLAINTS OR VIOLATIONS; OR
(E) RECOMMENDING PROBATION, CORRECTIVE ACTION, OR REVOCATION OF A
CHARTER WHERE SUBSTANTIAL NONCOMPLIANCE IS IDENTIFIED.
§ 4. This act shall take effect immediately.