S T A T E O F N E W Y O R K
________________________________________________________________________
5987
2025-2026 Regular Sessions
I N S E N A T E
March 4, 2025
___________
Introduced by Sen. BYNOE -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT in relation to prohibiting the establishment of new charter
schools in certain areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. It is the intent of this act to address
the oversaturation of charter schools in the Hempstead, Roosevelt and
Uniondale communities. Charter schools were first authorized in New York
State in 1998 and were designed to provide parents and students with
additional educational opportunities. In the three decades since enact-
ment, there has been an increase of charter schools in certain communi-
ties. The method for funding charter schools from public school district
budgets creates a disparity for public schools and impacts their ability
to maintain programs and services. Funds from public school district
budgets are used to pay tuition for students attending charter schools.
Multiple charter schools located within a radius of a public school
district results in reduced funds in the public school district's budg-
et, thereby creating fiscal challenges for the impacted districts. It
is the intent of the legislature to help impacted school districts by
enacting a moratorium on any additional charter school sitings or expan-
sions within the five-mile radius of Hempstead, Roosevelt and Uniondale
school buildings.
Furthermore, these challenges have been particularly intractable for
certain school districts in Nassau County, including the Hempstead Union
Free School District, the Uniondale Union Free School District and the
Roosevelt Union Free School District. Such districts contain an
increased number of charter schools, with at least ten physical campuses
between the three school districts. For example, in academic year 2024-
2025, approximately $115 million from these three districts was given to
charter schools. Additionally, in academic year 2024-2025, student
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10117-05-5
S. 5987 2
attendance at charter schools was 34% at Hempstead Union Free School
District, 17% at Roosevelt Union Free School District and 13% at Union-
dale Union Free School District. It is difficult for such school
districts to cover the budget gaps created by this loss of funding with-
out fiscal relief.
§ 2. Notwithstanding any provision of law, rule, or regulation to the
contrary, no application to establish a charter school submitted pursu-
ant to section twenty-eight hundred fifty-one of the education law shall
be approved by any charter entity if such proposed charter school would
operate in the Hempstead Union Free School District, the Uniondale Union
Free School District, or the Roosevelt Union Free School District or in
any part of any other school district within a five mile radius of the
Hempstead Union Free School District, the Uniondale Union Free School
District, or the Roosevelt Union Free School District.
A charter that has been surrendered, revoked, or terminated pursuant
to section twenty-eight hundred fifty-five of the education law that
operated in the Hempstead Union Free School District, the Uniondale
Union Free School District, or the Roosevelt Union Free School District
or in any part of any other school district within a five mile radius of
the Hempstead Union Free School District, the Uniondale Union Free
School District, or the Roosevelt Union Free School District, including
a charter that has not been renewed by action of its charter entity,
shall not be reissued. Additionally, no application to revise a charter
school to increase the number of students to be served by such charter
school, increase the ages and grade levels to be served by such charter
school, or to increase the number of facilities or locations used by
such charter school, submitted pursuant to section twenty-eight hundred
fifty-two of the education law shall be approved by any charter entity
if such charter school would operate in the Hempstead Union Free School
District, the Uniondale Union Free School District, or the Roosevelt
Union Free School District or in any part of any other school district
within a five mile radius of the Hempstead Union Free School District,
the Uniondale Union Free School District, or the Roosevelt Union Free
School District. For the purposes of this section, a school district
shall mean the boundary of service provided by such school district.
§ 3. This act shall take effect immediately.