S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6934
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced  by  M.  of  A. NOLAN, CAHILL, COLTON, GOTTFRIED, MAGNARELLI,
   SIMON, ZEBROWSKI, GALEF, JAFFEE,  WILLIAMS,  DICKENS,  SAYEGH,  ENGLE-
   BRIGHT, D'URSO, STIRPE, THIELE, COOK -- Multi-Sponsored by -- M. of A.
   ABBATE,  BUTTENSCHON  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06979-01-9

 A. 6934                             2
 
 charter  entity relating to its obligations to oversee and supervise the
 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.
   § 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.
   § 3. This act shall take effect immediately.