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

                                  8092

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2015
                               ___________

Introduced  by  M.  of  A.  NOLAN,  CAHILL,  COLTON, GOTTFRIED, GUNTHER,
  MAGNARELLI, MILLER, O'DONNELL, RUSSELL, SILVER, SIMON, TITONE, ZEBROW-
  SKI -- Multi-Sponsored by -- M. of A. ABBATE, GLICK,  MAGEE,  McDONALD
  -- read once and referred to the Committee on Education

AN  ACT  to  amend  the education law, in relation to agreements for the
  administration, management or operation of charter schools

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

  Section  1.  Subdivision  5  of  section 2852 of the education law, as
amended by chapter 101 of the laws  of  2010,  is  amended  to  read  as
follows:
  5.  Upon approval of an application by a charter entity, the applicant
and charter entity shall enter into a proposed  agreement  allowing  the
applicants to organize and operate a charter school. Such written agree-
ment,  known  as the charter, shall include (a) the information required
by subdivision two of section twenty-eight  hundred  fifty-one  of  this
article, as modified or supplemented during the approval process, (b) in
the case of charters to be issued pursuant to subdivision nine-a of this
section,  information  required  by  such  subdivision,  (c) A PROVISION
PROHIBITING THE CHARTER SCHOOL FROM ENTERING INTO, RENEWING OR EXTENDING
ANY AGREEMENT WITH A FOR-PROFIT OR  NOT-FOR-PROFIT  CORPORATE  OR  OTHER
BUSINESS  ENTITY  FOR THE ADMINISTRATION, MANAGEMENT OR OPERATION OF THE
CHARTER SCHOOL UNLESS THE AGREEMENT  REQUIRES  SUCH  ENTITY  TO  PROVIDE
STATE  AND  LOCAL  OFFICERS HAVING THE POWER TO AUDIT THE CHARTER SCHOOL
PURSUANT TO THIS ARTICLE WITH ACCESS TO THE ENTITY'S RECORDS RELATING TO
THE COSTS OF, AND FEES FOR, PROVIDING SUCH SERVICES TO THE  SCHOOL,  (D)
any  other  terms  or  conditions required by applicable laws, rules and
regulations, and [(d)] (E) any other terms or conditions, not inconsist-
ent with law, agreed upon by the applicant and the  charter  entity.  In
addition,  the  charter  shall  include  the specific commitments of the
charter entity relating to its obligations to oversee and supervise  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10646-01-5
              

A. 8092                             2

charter school. Within five days after entering into a proposed charter,
the  charter  entity other than the board of regents shall submit to the
board of regents a copy of the charter, the application  and  supporting
documentation for final approval and issuance by the board of regents in
accordance with subdivisions five-a and five-b of this section.
  S  2. Notwithstanding any general, special or local law to the contra-
ry, no charter school having a charter that was issued and  approved  on
or  before  the  effective  date  of this act shall enter into, renew or
extend the duration of any agreement with a for-profit or not-for-profit
corporate or other business entity for the administration, management or
operation of the charter school unless the agreement requires such enti-
ty to provide state and local officers having the  power  to  audit  the
charter  school  pursuant to article 56 of the education law with access
to the entity's records relating to the costs of, and fees for,  provid-
ing  such services to the school. Any agreement entered into, renewed or
extended in violation of this section shall be  null,  void  and  wholly
unenforceable,  and  a  violation  of  this section shall be grounds for
revocation or termination of a charter pursuant to section 2855  of  the
education law.
  S 3. This act shall take effect immediately.