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

                                 5050--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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.
                                                           LBD06201-08-0
              

S. 5050--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.