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

                                  2999

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced  by  M. of A. CLARK, JACOBS -- Multi-Sponsored by -- M. of A.
  BRENNAN, GALEF, SWEENEY -- read once and referred to the Committee  on
  Education

AN  ACT to amend the education law, in relation to eligibility to estab-
  lish a charter school

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

  Section  1.  Subdivision  1  of  section 2851 of the education law, as
amended by chapter 101 of the laws  of  2010,  is  amended  to  read  as
follows:
  1.  An  application  to establish a charter school may be submitted by
teachers, parents, school administrators,  community  residents  or  any
combination  thereof.  Such application may be filed in conjunction with
a college, university, museum, educational  institution,  not-for-profit
corporation  exempt from taxation under paragraph 3 of subsection (c) of
section 501 of the internal  revenue  code  or  for-profit  business  or
corporate  entity  authorized to do business in New York state. Provided
however, for-profit business or corporate entities shall not be eligible
to submit an application to  establish  a  charter  school  pursuant  to
subdivision  nine-a  of  section  twenty-eight hundred fifty-two of this
article, or operate or manage a charter  school  for  a  charter  issued
pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
of  this article. [For charter schools established in conjunction with a
for-profit business or corporate entity, the charter shall  specify  the
extent  of the entity's participation in the management and operation of
the school] UNDER NO CIRCUMSTANCES SHALL AN APPLICATION TO  ESTABLISH  A
CHARTER  SCHOOL  OR APPROVAL TO OPERATE A CHARTER SCHOOL BE GRANTED TO A
FOR-PROFIT BUSINESS OR CORPORATE ENTITY AUTHORIZED  TO  DO  BUSINESS  IN
THIS  STATE  NOR IN ANY MANNER WHATSOEVER SHALL THEY HAVE AN INVOLVEMENT
IN THE MANAGEMENT AND OPERATION OF A CHARTER SCHOOL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06705-01-3

              

A. 2999                             2

  S 2. This act shall take effect immediately, and shall  apply  to  all
applications to establish a charter school pending or submitted prior to
such  effective  date  and  still pending as well as to all applications
submitted on or after the effective date of this act.