S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9164--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                           September 30, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Education -- recommitted to the Committee on Education  in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the education law, in relation to incorporation of char-
  ter schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision  1  of  section  2853  of  the
education  law, as added by chapter 4 of the laws of 1998, is amended to
read as follows:
  (a) Upon the approval of a charter by the board of regents, the  board
of  regents  shall incorporate the charter school as an education corpo-
ration for a term not to exceed five SCHOOL years IN  WHICH  INSTRUCTION
IS  PROVIDED  TO  PUPILS,  PLUS THE PERIOD COMMENCING WITH THE EFFECTIVE
DATE OF THE CHARTER AND ENDING  WITH  THE  OPENING  OF  THE  SCHOOL  FOR
INSTRUCTION.    Such  certificate  of  incorporation shall not modify or
limit any terms of the charter approved by the board  of  regents.  Upon
approval  of  an  application  to  renew a charter, the board of regents
shall extend the certificate of incorporation for a term not  to  exceed
five  SCHOOL  years, PLUS THE PERIOD, IF ANY, COMMENCING WITH THE EFFEC-
TIVE DATE OF THE RENEWAL CHARTER AND ENDING WITH THE FIRST  DAY  OF  THE
FIRST  FULL  SCHOOL  YEAR  IN  WHICH  INSTRUCTION  IS PROVIDED UNDER THE
RENEWAL CHARTER. Upon termination or nonrenewal  of  the  charter  of  a
charter  school  pursuant  to section twenty-eight hundred fifty-five of
this article, the certificate of incorporation  of  the  charter  school
shall be revoked by the board of regents pursuant to section two hundred
nineteen  of  this chapter, provided that compliance with the notice and
hearing requirements of such section twenty-eight hundred fifty-five  of
this  article shall be deemed to satisfy the notice and hearing require-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06201-09-0
              

A. 9164--A                          2

ments of such section two hundred nineteen. It shall be the duty of  the
trustees  of  the  charter school to obtain federal tax-exempt status no
later than one year following approval of a charter school by the  board
of regents. For purposes of this article, "certificate of incorporation"
shall  mean  the  provisional  charter issued by the board of regents to
form the charter  school  as  an  educational  corporation  pursuant  to
sections two hundred sixteen and two hundred seventeen of this chapter.
  S  2.  Paragraph (p) of subdivision 2 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (p)  The  term  of  the  proposed charter, which shall not exceed five
SCHOOL years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS, PLUS ANY  ADDI-
TIONAL PERIOD AUTHORIZED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.