NY State Senate Bill 2025-S9568A

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 28, 2026	print number 9568a
Apr 28, 2026	amend and recommit to education
Mar 25, 2026	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S9568 - Details

See Assembly Version of this Bill:: A10729
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2851 & 2852, Ed L

2025-S9568 - Summary

Provides that charter school applicants in a city with a population of one million or more shall first apply to the community district education council for approval for renewal of a charter within a certain amount of time and public hearings shall be conducted on such proposed application.

2025-S9568 - Sponsor Memo

                                 
BILL NUMBER: S9568

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to approval of applica-
tions of charter schools

 
PURPOSE OF BILL:

To include local school districts and the public in the approval process
for the issuance of new charter schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends 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. This section requires charter school
applicants to obtain local approval before submission to a charter enti-
ty. In cities with a population of one million or more, applicants must
secure approval from the community district education council (CDEC); in

all other districts, approval must be obtained through a public vote of
the school district. These requirements also apply to charter renewals,
which must include specified academic, financial, and enrollment infor-
mation. Charter entities are prohibited from acting on applications or
renewals without documented local approval.

Section two amends subdivisions 1, 3 and 7 of section 2852 of the educa-
tion 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.
This section requires charter entities to act only on applications that
have been approved by a CDEC or by district voters, including any
modifications or supplements to such applications. It also requires
local approval for charter revisions and relocations, and establishes
additional requirements for relocations, including notice, fiscal impact
analysis, and public hearings.

Section three establishes an effective date.

 
JUSTIFICATION:

Current law establishes a process for the approval of charter schools
within public school districts; however, despite receiving public fund-
ing, there is no requirement that the communities most directly impacted
have a formal opportunity to weigh in on whether a charter school should
open, expand, or continue operating in their district.  As a result,
local school districts may experience significant fiscal and programmat-
ic impacts without meaningful public input.

This lack of local voice is increasingly concerning within the broader
dynamics of charter school growth in New York. With the statutory cap on
charter schools reached in New York City, charter operators have turned
to suburban districts for expansion. The impact of this expansion is
particularly significant in districts serving high concentrations of
students of color, English language learners and students from low-in-
come backgrounds. School districts are required to provide a full
continuum of services, regardless of enrollment changes. Unplanned
enrollment shifts can strain district budgets and limit the ability of
districts to sustain staffing levels and programming for remaining
students. Charter expansion without full community input risks exacer-
bating existing inequities by diverting funding from district schools,
destabilizing enrollment, and concentrating higher-need students in the
school district.

This legislation requires approval from community district education
councils in New York City or from a public vote elsewhere before a char-
ter school may be authorized or renewed. It also establishes clear and
consistent timelines for acting on charter applications, enabling school
districts to better anticipate and plan for budgetary and enrollment
impacts.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9568 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9568
 
                             I N  S E N A T E
 
                              March 25, 2026
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed 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 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.  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 IN  FAVOR  OF
 THE APPLICATION OF THE MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUN-
 CIL  PRESENT  AT  A  MEETING  AT WHICH THERE IS A QUORUM. FOR ALL SCHOOL
 DISTRICTS LOCATED OUTSIDE OF A CITY  WITH  ONE  MILLION  OR  MORE,  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
 CHAPTER,  ON  THE  NEXT SCHEDULED SCHOOL BUDGET VOTE OR REVOTE DATE WITH
 THE EXCEPTION OF THE BUFFALO AND ROCHESTER CITY SCHOOL DISTRICTS,  WHICH
 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. 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-

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15302-01-6
 S. 9568                             2
 
 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.
   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, A CHARTER SCHOOL APPLICATION FOR  RENEWAL  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  APPLICATION  SHALL  BE  DEEMED
 APPROVED  FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRIATE CHAR-
 TER ENTITY IF THERE IS A MAJORITY VOTE IN FAVOR OF  THE  APPLICATION  OF
 THE  MEMBERS  OF  THE  COMMUNITY DISTRICT EDUCATION COUNCIL PRESENT AT A
 MEETING AT WHICH THERE IS A QUORUM. FOR  ALL  SCHOOL  DISTRICTS  LOCATED
 OUTSIDE  OF  A  CITY  HAVING  A  POPULATION OF ONE MILLION OR MORE, 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 APPLICATION.   SUCH PUBLIC VOTE SHALL  BE  HELD  IN
 ACCORDANCE  WITH THE PROVISIONS OF PART ONE OF ARTICLE FORTY-ONE OF THIS
 CHAPTER, ON THE NEXT SCHEDULED SCHOOL BUDGET VOTE OR  REVOTE  DATE  WITH
 THE  EXCEPTION OF THE BUFFALO AND ROCHESTER CITY SCHOOL DISTRICTS, WHICH
 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.  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
 S. 9568                             3
 
 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.
   IN  A CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, 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  APPLICATION
 FOR  RENEWAL  OF  A  CHARTER SCHOOL. WITHIN SEVEN DAYS OF APPROVING SUCH
 APPLICATION FOR TRANSMISSION TO AND  CONSIDERATION  BY  THE  APPROPRIATE
 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 APPLI-
 CATION SHALL BE DEEMED APPROVED FOR TRANSMISSION TO AND CONSIDERATION BY
 THE  APPROPRIATE  CHARTER ENTITY IF THERE IS A MAJORITY VOTE IN FAVOR OF
 THE APPLICATION OF THE MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUN-
 CIL PRESENT AT A MEETING AT WHICH THERE IS A QUORUM. 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  FINDINGS,  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.  FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A CITY
 HAVING A POPULATION 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  THE
 FIRST  OF  FEBRUARY,  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 ELEC-
 S. 9568                             4
 
 TRONIC  MEANS,  OR  SUBMIT  COMMENTS REGARDING THE CONSIDERATION OF SUCH
 RENEWAL. THESE PUBLIC HEARINGS SHALL BE WEBCAST AND CONDUCTED IN ACCORD-
 ANCE 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
 CHAPTER, ON THE NEXT SCHEDULED SCHOOL BUDGET VOTE OR  REVOTE  DATE  WITH
 THE  EXCEPTION OF THE BUFFALO AND ROCHESTER CITY SCHOOL DISTRICTS, WHICH
 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 THE PUBLIC VOTE DENYING AN APPLICATION
 FOR RENEWAL OF A CHARTER SCHOOL, THE SCHOOL BOARD SHALL FORWARD A  WRIT-
 TEN NOTICE OF DENIAL OF SUCH APPLICATION TO THE BOARD OF REGENTS AND THE
 BOARD  OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK.  NOTWITHSTANDING
 ANY PROVISION OF LAW TO THE CONTRARY, SUCH DENIAL  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.
   § 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  LOCAL
 SCHOOL  BOARD  OF  THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS TO BE
 LOCATED OR THE  COMMUNITY  DISTRICT  EDUCATION  COUNCIL  HAS  VOTED  AND
 APPROVED  THE CHARTER APPLICATION AND TRANSMITTED SUCH APPROVAL DOCUMEN-
 TATION TO SUCH CHARTER ENTITY. EACH SCHOOL  DISTRICT  OR  THE  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 LOCAL SCHOOL BOARD OR THE COMMUNITY DISTRICT EDUCA-
 TION COUNCIL SHALL FORWARD THE APPLICATION TO  THE  APPROPRIATE  CHARTER
 ENTITY  ALONG  WITH  A  FORM  TO  BE DEVELOPED BY 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, SPECIFIC TO THE APPLICA-
 TION  AND  STATE  THE  REASONS  FOR  SUCH  DENIAL.  NOTWITHSTANDING  ANY
 PROVISION  OF LAW TO THE CONTRARY, SUCH DENIAL IS FINAL AND SHALL NOT BE
 REVIEWABLE IN ANY COURT OR BY ANY ADMINISTRATIVE BODY OR CHARTER ENTITY.
 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
 S. 9568                             5

 application AND THE LOCAL SCHOOL BOARD OR THE COMMUNITY DISTRICT  EDUCA-
 TION  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[.  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 THE APPROVAL OF A PUBLIC VOTE
 OF THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS TO BE LOCATED OR  THE
 COMMUNITY DISTRICT EDUCATION COUNCIL.
   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 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 CHARTER SCHOOL APPLICATION. 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 substan-
 tial 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.
   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
 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, AND SHALL PAY ALL  ACTUAL  COSTS  TO  THE
 SCHOOL  DISTRICT  WHERE  SUCH CHARTER SCHOOL IS PROPOSED TO BE RELOCATED
 FOR APPROVAL TO HOST TWO PUBLIC HEARINGS, ONE IN  THE  EVENING  AND  ONE
 DURING  A WEEKEND DAY, WITHIN FORTY-FIVE DAYS OF RECEIVING SUCH APPLICA-
 TION, 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.  THESE  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, WITH THE EXCEPTION OF THE BUFFALO AND ROCHESTER CITY SCHOOL
 DISTRICTS, WHICH SHALL BE HELD ON ELECTION DAY  OR  PRIMARY  DAY,  WHERE
 SUCH  CHARTER  SCHOOL  IS RELOCATING OR THE COMMUNITY DISTRICT EDUCATION
 COUNCIL SHALL BE REQUIRED PURSUANT TO THE PROVISIONS OF SUBDIVISION  ONE
 OF THIS SECTION.
   § 3. This act shall take effect immediately.

co-Sponsors

2025-S9568A (ACTIVE) - Details

See Assembly Version of this Bill:: A10729
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2851 & 2852, Ed L

2025-S9568A (ACTIVE) - Summary

2025-S9568A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9568A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to approval of applica-
tions of charter schools

 
PURPOSE OF BILL:

To include local school districts and the public in the approval process
for the issuance of new charter schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends 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. This section requires charter school
applicants to obtain local approval before submission to a charter enti-
ty. In cities with a population of one million or more, applicants must
secure approval from the community district education council (CDEC); in

all other districts, approval must be obtained through a public vote of
the school district. These requirements also apply to charter renewals,
which must include specified academic, financial, and enrollment infor-
mation. Charter entities are prohibited from acting on applications or
renewals without documented local approval.

Section two amends subdivisions 1, 3 and 7 of section 2852 of the educa-
tion 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.
This section requires charter entities to act only on applications that
have been approved by a CDEC or by district voters, including any
modifications or supplements to such applications. It also requires
local approval for charter revisions and relocations, and establishes
additional requirements for relocations, including notice, fiscal impact
analysis, and public hearings.

Section three establishes an effective date.

 
JUSTIFICATION:

Current law establishes a process for the approval of charter schools
within public school districts; however, despite receiving public fund-
ing, there is no requirement that the communities most directly impacted
have a formal opportunity to weigh in on whether a charter school should
open, expand, or continue operating in their district.  As a result,
local school districts may experience significant fiscal and programmat-
ic impacts without meaningful public input.

This lack of local voice is increasingly concerning within the broader
dynamics of charter school growth in New York. With the statutory cap on
charter schools reached in New York City, charter operators have turned
to suburban districts for expansion. The impact of this expansion is
particularly significant in districts serving high concentrations of
students of color, English language learners and students from low-in-
come backgrounds. School districts are required to provide a full
continuum of services, regardless of enrollment changes. Unplanned
enrollment shifts can strain district budgets and limit the ability of
districts to sustain staffing levels and programming for remaining
students. Charter expansion without full community input risks exacer-
bating existing inequities by diverting funding from district schools,
destabilizing enrollment, and concentrating higher-need students in the
school district.

This legislation requires approval from community district education
councils in New York City or from a public vote elsewhere before a char-
ter school may be authorized or renewed. It also establishes clear and
consistent timelines for acting on charter applications, enabling school
districts to better anticipate and plan for budgetary and enrollment
impacts.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9568A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9568--A
 
                             I N  S E N A T E
 
                              March 25, 2026
                                ___________
 
 Introduced  by  Sens. MAYER, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 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,  THE  BOARD  OF  REGENTS  AND  THE  BOARD OF TRUSTEES OF THE STATE
 UNIVERSITY OF NEW YORK ALONG WITH A FORM TO BE DEVELOPED BY THE  COMMIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15302-02-6
 S. 9568--A                          2
 
 SIONER  WHICH  STATES  THAT THE COMMUNITY DISTRICT EDUCATION COUNCIL HAS
 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 CHAR-
 TER  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 CHAR-
 TER  SCHOOL  IS PLANNING TO COMMENCE OPERATIONS. SUCH BOARD OF EDUCATION
 SHALL CONDUCT PUBLIC HEARINGS ON SUCH PROPOSED APPLICATION AT THE  REGU-
 LARLY  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
 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 CONSIDERATION BY THE  APPROPRI-
 ATE  CHARTER  ENTITY  IF  A  MAJORITY THE VOTES CAST THEREON BY ELIGIBLE
 VOTERS ARE IN THE AFFIRMATIVE.  WITHIN SEVEN DAYS OF DENYING OR CERTIFY-
 ING AN APPLICATION FOR A NEW CHARTER, THE SCHOOL DISTRICT SHALL  FORWARD
 NOTICE  OF  SUCH DENIAL OR CERTIFICATION TO THE DEPARTMENT, THE BOARD OF
 REGENTS AND THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY  OF  NEW  YORK
 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 FIND-
 INGS, 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;
   (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
 S. 9568--A                          3
 
 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.
   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, THE BOARD OF REGENTS AND  THE
 BOARD  OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK 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 APPLICATION.  FOR
 ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A CITY HAVING  A  POPULATION  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 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  OPPOR-
 TUNITY  TO  SPEAK  IN PERSON OR VIA ELECTRONIC MEANS, OR SUBMIT COMMENTS
 REGARDING THE  CONSIDERATION  OF  SUCH  RENEWAL  APPLICATION.  QUALIFIED
 VOTERS OF SUCH SCHOOL DISTRICT SHALL DENY OR CERTIFY SUCH RENEWAL APPLI-
 CATION  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 CERTI-
 FY SUCH RENEWAL APPLICATION ON GENERAL ELECTION  DAY.  SUCH  APPLICATION
 SHALL  BE  DEEMED CERTIFIED FOR TRANSMISSION TO AND CONSIDERATION 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
 S. 9568--A                          4
 
 CERTIFYING AN APPLICATION FOR RENEWAL OF A CHARTER, THE SCHOOL  DISTRICT
 SHALL  FORWARD NOTICE OF SUCH DENIAL OR CERTIFICATION TO THE DEPARTMENT,
 THE BOARD OF REGENTS AND THE BOARD OF TRUSTEES OF THE  STATE  UNIVERSITY
 OF  NEW YORK 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 APPLICATION.  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 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
 S. 9568--A                          5
 
 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.
   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. This act shall take effect immediately.

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Sponsored By

Shelley B. Mayer

Current Bill Status - In Senate Committee Education Committee

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Pete Harckham

2025-S9568 - Details

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Pete Harckham

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