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

                                  8017

                            I N  S E N A T E

                              May 28, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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 charter 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 9-a of section 2852 of the
education law, as added by a chapter of the laws of 2010,  amending  the
education  law  relating  to charter schools, as proposed in legislative
bills numbers S. 7990 and A. 11310, is amended to read as follows:
  (a) The board of regents is hereby authorized and  directed  to  issue
two  hundred  sixty  charters  pursuant  to  a  competitive  request for
proposals process.
  (i) Commencing on August first, two  thousand  ten  THROUGH  SEPTEMBER
FIRST,  TWO  THOUSAND  THIRTEEN,  the  board of regents and the board of
trustees of the state university of New York shall each issue a  request
for proposals in accordance with this subdivision and this subparagraph:
  (1)  Each  request  for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on  August
first, two thousand ten shall be for a maximum of thirty-two charters to
be  issued for charter schools which would commence instructional opera-
tion by the September of the next calendar year.
  (2) Each request for proposals to be issued by the  board  of  regents
and the board of trustees of the state university of New York on January
first,  two thousand eleven shall be for a maximum of thirty-three char-
ters to be issued for charter schools which would commence instructional
operation by the September of the next calendar year.
  (3) Each request for proposals to be issued by the  board  of  regents
and the board of trustees of the state university of New York on January
first, two thousand twelve shall be for a maximum of thirty-two charters
to  be  issued  for  charter  schools which would commence instructional
operation by the September of the next calendar year.
  (4) Each request for proposals to be issued by the  board  of  regents
and the board of trustees of the state university of New York on Septem-
ber  first, two thousand thirteen shall be for a maximum of thirty-three

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

                                                           LBD17585-01-0

S. 8017                             2

charters to be issued for charter schools which would commence  instruc-
tional operation by the September of the next calendar year.
  (ii) IF AFTER SEPTEMBER FIRST, TWO THOUSAND THIRTEEN, EITHER THE BOARD
OF  REGENTS OR THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK
HAVE ANY CHARTERS WHICH HAVE NOT YET BEEN ISSUED,  THEY  MAY  BE  ISSUED
PURSUANT TO REQUESTS FOR PROPOSALS ISSUED IN EACH SUCCEEDING YEAR, WITH-
OUT  LIMITATION AS TO WHEN SUCH REQUESTS FOR PROPOSALS MAY BE ISSUED, OR
A LIMITATION ON THE NUMBER OF CHARTERS WHICH MAY BE ISSUED.
  (III) Notwithstanding the provisions of clauses one,  two,  three  and
four of subparagraph (i) of this paragraph AND SUBPARAGRAPH (II) OF THIS
PARAGRAPH,  if  fewer  charters  are issued than were requested in [the]
SUCH request for proposals, the difference may be added to the number of
charters requested in the request for proposals  ISSUED  in  [the]  EACH
succeeding year.
  [(iii)]  (IV) The board of regents shall make a determination to issue
a charter pursuant to a request for proposals  no  later  than  December
thirty-first of each year.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of  2010,  amending  the  education  law
relating to charter schools, as proposed in legislative bills numbers S.
7990 and A. 11310, takes effect.