S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5763
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation  to  reimbursing  charter
   schools for leasing certain facilities, and prohibiting charter school
   employee  contracts  from including a non-disclosure agreement; and to
   repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1 of paragraph (e) of subdivision 3 of section
 2853  of  the education law, as added by section 5 of part BB of chapter
 56 of the laws of 2014, is amended to read as follows:
   (1) Notwithstanding any other provision of law to the contrary, within
 the later of (i) five months after a charter  school's  written  request
 for  co-location and (ii) thirty days after the charter school's charter
 is approved by its  charter  entity,  the  city  school  district  shall
 either: (A) offer at no cost to the charter school a co-location site in
 a  public school building approved by the board of education as provided
 by law, or (B) offer the charter school space in a  privately  owned  or
 other  publicly  owned  facility  at  the  expense  of  [the city school
 district and at no cost to] the charter school. THE CITY SCHOOL DISTRICT
 SHALL NOT REIMBURSE A CHARTER SCHOOL WHICH RENTS OR LEASES  SPACE  IN  A
 PRIVATE FACILITY. The space must be reasonable, appropriate and compara-
 ble  and  in  the  community school district to be served by the charter
 school and otherwise in reasonable proximity.
   § 2. Subparagraphs 4 and 5  of  paragraph  (e)  of  subdivision  3  of
 section  2853  of  the  education law are REPEALED and subparagraph 6 of
 such paragraph is renumbered subparagraph 4.
   § 3. Paragraph (d) of subdivision 3 of section 2853 of  the  education
 law,  as added by chapter 101 of the laws of 2010, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09460-01-3
 A. 5763                             2
              

 
   (d) Notwithstanding any other provision to the  contrary,  in  a  city
 school  district  in  a  city having a population of one million or more
 inhabitants, the chancellor must first authorize in writing any proposed
 capital improvements or facility upgrades in  excess  of  five  thousand
 dollars,  regardless  of  the source of funding, made to accommodate the
 co-location of a charter school within a public school building. For any
 such improvements or upgrades that have been approved by the chancellor,
 capital improvements or facility upgrades shall be  made  in  an  amount
 equal  to  the  expenditure  of  the charter school for each non-charter
 public school  within  the  public  school  building.  For  any  capital
 improvements  or  facility  upgrades  in excess of five thousand dollars
 that have been approved by the chancellor, regardless of the  source  of
 funding,  made  in  a charter school that is already co-located within a
 public  school  building,  matching  capital  improvements  or  facility
 upgrades  shall  be  made  in  an amount equal to the expenditure of the
 charter school for each non-charter  public  school  within  the  public
 school  building  within  three months of such improvements or upgrades.
 ANY CAPITAL IMPROVEMENT REQUIRED TO BE MADE  FOR  A  NON-CHARTER  PUBLIC
 SCHOOL PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH SHALL BE PAID FOR BY
 THE STATE.
   §  4. Subdivision 3 of section 2854 of the education law is amended by
 adding a new paragraph (e) to read as follows:
   (E) NO CHARTER SCHOOL SHALL INCLUDE A NON-DISCLOSURE AGREEMENT AS PART
 OF A CONTRACT WITH ANY EMPLOYEE OR AS A CONDITION OF EMPLOYMENT.
   § 5. Subdivision 4 of section 2853 of the education law is amended  by
 adding a new paragraph (f) to read as follows:
   (F)  IN  A  CITY  SCHOOL  DISTRICT  IN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE, THE COMPTROLLER OF THE CITY OF NEW YORK  SHALL  CONDUCT
 ANNUAL  AUDITS,  WHICH  SHALL INCLUDE BUT NOT BE LIMITED TO ANY MATCHING
 FUNDS SPENT ON CHARTER SCHOOLS.
   § 6. This act shall take effect immediately.