S T A T E O F N E W Y O R K
________________________________________________________________________
1028
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sens. JACKSON, MANNION, RAMOS, SALAZAR -- 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 entities; 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. Subdivision 3 of section 2851 of the education law, as
amended by chapter 101 of the laws of 2010, is amended to read as
follows:
3. An applicant shall submit the application to a charter entity for
approval. For purposes of this article, a charter entity shall be:
(a) The board of education of a school district eligible for an appor-
tionment of aid under subdivision four of section thirty-six hundred two
of this chapter, provided that a board of education shall not approve an
application for a school to be operated outside the school district's
geographic boundaries and further provided that in a city having a popu-
lation of one million or more, the chancellor of any such city school
district shall be the charter entity established by this paragraph; OR
(b) [The board of trustees of the state university of New York; or
(c)] The board of regents.
The board of regents shall be the only entity authorized to issue a
charter pursuant to this article. Notwithstanding any provision of this
subdivision to the contrary, an application for the conversion of an
existing public school to a charter school shall be submitted to, and
may only be approved by, the charter entity set forth in paragraph (a)
of this subdivision. Notwithstanding any law, rule or regulation to the
contrary, any such application for conversion shall be consistent with
this section but shall not be subject to the process pursuant to subdi-
vision nine-a of section twenty-eight hundred fifty-two of this article,
and the charter entity shall require that the parents or guardians of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03529-01-3
S. 1028 2
majority of the students then enrolled in the existing public school
vote in favor of converting the school to a charter school.
§ 1-a. Subdivision 5 of section 2851 of the education law is REPEALED.
§ 2. Paragraph (e) of subdivision 4 of section 2851 of the education
law, as added by chapter 101 of the laws of 2010, is amended to read as
follows:
(e) The means by which the charter school will meet or exceed enroll-
ment and retention targets as prescribed by the board of regents [or the
board of trustees of the state university of New York, as applicable,]
of students with disabilities, English language learners, and students
who are eligible applicants for the free and reduced price lunch program
which shall be considered by the charter entity prior to approving such
charter school's application for renewal. When developing such targets,
the board of regents [and the board of trustees of the state university
of New York] shall ensure (1) that such enrollment targets are compara-
ble to the enrollment figures of such categories of students attending
the public schools within the school district, or in a city school
district in a city having a population of one million or more inhabit-
ants, the community school district, in which the charter school is
located; and (2) that such retention targets are comparable to the rate
of retention of such categories of students attending the public schools
within the school district, or in a city school district in a city
having a population of one million or more inhabitants, the community
school district, in which the proposed charter school would be located.
§ 3. Subdivision 5-b of section 2852 of the education law, as added by
chapter 4 of the laws of 1998, is amended to read as follows:
5-b. If the board of regents returns a proposed charter to the charter
entity pursuant to the provisions of subdivision five-a of this section,
such charter entity shall reconsider the proposed charter, taking into
consideration the comments and recommendation of the board of regents.
Thereafter, the charter entity shall resubmit the proposed charter to
the board of regents with modifications, provided that the applicant
consents in writing to such modifications, resubmit the proposed charter
to the board of regents without modifications, or abandon the proposed
charter. The board of regents shall review each such resubmitted
proposed charter in accordance with the provisions of subdivision five-a
of this section[; provided, however, that it shall be the duty of the
board of regents to approve and issue a proposed charter resubmitted by
the charter entity described in paragraph (b) of subdivision three of
section twenty-eight hundred fifty-one of this article within thirty
days of the resubmission of such proposed charter or such proposed char-
ter shall be deemed approved and issued at the expiration of such peri-
od].
§ 4. Subdivision 9 of section 2852 of the education law, as amended by
section 2 of subpart A of part B of chapter 20 of the laws of 2015, is
amended to read as follows:
9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on or
after July first, two thousand fifteen and counted toward the numerical
limits established by this subdivision shall be issued by the board of
regents upon application directly to the board of regents [or on the
recommendation of the board of trustees of the state university of New
York] pursuant to a competitive process in accordance with subdivision
nine-a of this section. Fifty of such charters issued on or after July
first, two thousand fifteen, and no more, shall be granted to a charter
for a school to be located in a city having a population of one million
S. 1028 3
or more. The failure of any body to issue the regulations authorized
pursuant to this article shall not affect the authority of a charter
entity to propose a charter to the board of regents or the board of
regents' authority to grant such charter. A conversion of an existing
public school to a charter school, or the renewal or extension of a
charter approved by any charter entity, shall not be counted toward the
numerical limits established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated on or
before July first, two thousand fifteen, including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents [or on the recommenda-
tion of the board of trustees of the state university of New York]
pursuant to a competitive process in accordance with subdivision nine-a
of this section. Provided that such reissuance shall not be counted
toward the statewide numerical limit established by this subdivision,
and provided further that no more than twenty-two charters may be reis-
sued pursuant to this paragraph.
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized [to
be issued] by [such] A chapter [in effect as of June fifteenth, two
thousand fifteen] OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT AMENDED
THIS SECTION; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by a chapter of the laws of two thousand fifteen
which added this paragraph.
§ 5. Subdivision 9-a of section 2852 of the education law, as amended
by section 2 of subpart A of part B of chapter 20 of the laws of 2015,
is amended to read as follows:
9-a. (a) The board of regents is hereby authorized and directed to
issue four hundred sixty charters statewide upon [either] applications
submitted directly to the board of regents [or upon the recommendation
of the board of trustees of the state university of New York] pursuant
to a competitive request for proposals process.
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.
(b) The board of regents [and the board of trustees of the state
university of New York] shall [each] develop such request for proposals
in a manner that facilitates a thoughtful review of charter school
applications, considers the demand for charter schools by the community,
and seeks to locate charter schools in a region or regions where there
may be a lack of alternatives and access to charter schools would
provide new alternatives within the local public education system that
would offer the greatest educational benefit to students. Applications
shall be evaluated in accordance with the criteria and objectives
contained within a request for proposals. The board of regents [and the
board of trustees of the state university of New York] shall not consid-
S. 1028 4
er any applications which do not rigorously demonstrate that they have
met the following criteria:
(i) that the proposed charter school would meet or exceed enrollment
and retention targets, as prescribed by the board of regents [or the
board of trustees of the state university of New York, as applicable,]
of students with disabilities, English language learners, and students
who are eligible applicants for the free and reduced price lunch
program. When developing such targets, the board of regents [and the
board of trustees of the state university of New York,] shall ensure (1)
that such enrollment targets are comparable to the enrollment figures of
such categories of students attending the public schools within the
school district, or in a city school district in a city having a popu-
lation of one million or more inhabitants, the community school
district, in which the proposed charter school would be located; and (2)
that such retention targets are comparable to the rate of retention of
such categories of students attending the public schools within the
school district, or in a city school district in a city having a popu-
lation of one million or more inhabitants, the community school
district, in which the proposed charter school would be located; and
(ii) that the applicant has conducted public outreach, in conformity
with a thorough and meaningful public review process prescribed by the
board of regents [and the board of trustees of the state university of
New York,] to solicit community input regarding the proposed charter
school and to address comments received from the impacted community
concerning the educational and programmatic needs of students.
(c) The board of regents [and the board of trustees of the state
university of New York] shall grant priority based on a scoring rubric
to those applications that best demonstrate how they will achieve the
following objectives, and any additional objectives the board of regents
[and the board of trustees of the state university of New York,] may
prescribe:
(i) increasing student achievement and decreasing student achievement
gaps in reading/language arts and mathematics;
(ii) increasing high school graduation rates and focusing on serving
specific high school student populations including, but not limited to,
students at risk of not obtaining a high school diploma, re-enrolled
high school drop-outs, and students with academic skills below grade
level;
(iii) focusing on the academic achievement of middle school students
and preparing them for a successful transition to high school;
(iv) utilizing high-quality assessments designed to measure a
student's knowledge, understanding of, and ability to apply, critical
concepts through the use of a variety of item types and formats;
(v) increasing the acquisition, adoption, and use of local instruc-
tional improvement systems that provide teachers, principals, and admin-
istrators with the information and resources they need to inform and
improve their instructional practices, decision-making, and overall
effectiveness;
(vi) partnering with low performing public schools in the area to
share best educational practices and innovations;
(vii) demonstrating the management and leadership techniques necessary
to overcome initial start-up problems to establish a thriving, finan-
cially viable charter school;
(viii) demonstrating the support of the school district in which the
proposed charter school will be located and the intent to establish an
ongoing relationship with such school district.
S. 1028 5
(d) [No later than November first, two thousand ten, and of each
succeeding year, after a thorough review of applications received, the
board of trustees of the state university of New York shall recommend
for approval to the board of regents the qualified applications that it
has determined rigorously demonstrate the criteria and best satisfy the
objectives contained within a request for proposals, along with support-
ing documentation outlining such determination.
(e)] Upon receipt of a proposed charter to be issued pursuant to this
subdivision submitted by a charter entity, the board of regents [or the
board of trustees of the state university of New York,] shall review,
recommend and issue, as applicable, such charters in accordance with the
standards established in this subdivision.
[(f)] (E) The board of regents shall be the only entity authorized to
issue a charter pursuant to this article. The board of regents shall
consider applications submitted directly to the board of regents [and
applications recommended by the board of trustees of the state universi-
ty of New York]. Provided, however, that all such recommended applica-
tions shall be deemed approved and issued pursuant to the provisions of
subdivisions five, five-a and five-b of this section.
[(g)] (F) Each application submitted in response to a request for
proposals pursuant to this subdivision shall also meet the application
requirements set out in this article and any other applicable laws,
rules and regulations.
[(h)] (G) During the development of a request for proposals pursuant
to this subdivision the board of regents [and the board of trustees of
the state university of New York] shall [each] afford the public an
opportunity to submit comments and shall review and consider the
comments raised by all interested parties.
§ 6. Subdivision 10 of section 2852 of the education law, as added by
section 3 of part D-2 of chapter 57 of the laws of 2007, is amended to
read as follows:
10. Except in the case of a charter school formed by a school district
as a charter entity pursuant to paragraph (a) of subdivision three of
section twenty-eight hundred fifty-one of this article, a charter school
formed by approval of the regents [or by operation of law] on or after
March fifteenth in any school year shall not commence instruction until
July of the second school year next following.
§ 7. Subdivision 2-a of section 2853 of the education law, as added by
chapter 4 of the laws of 1998, is amended to read as follows:
2-a. For schools approved by an entity described in paragraph (b) [or
(c)] of subdivision three of section twenty-eight hundred fifty-one of
this article, the school district in which the charter school is located
shall have the right to visit, examine into, and inspect the charter
school for the purpose of ensuring that the school is in compliance with
all applicable laws, regulations and charter provisions. Any evidence of
non-compliance may be forwarded by such school district to the board of
regents [and the charter entity] for action pursuant to section twenty-
eight hundred fifty-five of this article.
§ 8. Paragraph (e) of subdivision 1 of section 2855 of the education
law, as added by chapter 101 of the laws of 2010, is amended to read as
follows:
(e) Repeated failure to comply with the requirement to meet or exceed
enrollment and retention targets of students with disabilities, English
language learners, and students who are eligible applicants for the free
and reduced price lunch program pursuant to targets established by the
board of regents [or the board of trustees of the state university of
S. 1028 6
New York, as applicable]. Provided, however, if no grounds for terminat-
ing a charter are established pursuant to this section other than pursu-
ant to this paragraph, and the charter school demonstrates that it has
made extensive efforts to recruit and retain such students, including
outreach to parents and families in the surrounding communities, widely
publicizing the lottery for such school, and efforts to academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter.
§ 9. Paragraph (d) of subdivision 2 of section 2857 of the education
law, as added by chapter 101 of the laws of 2010, is amended to read as
follows:
(d) efforts taken by the charter school in the existing school year,
and a plan for efforts to be taken in the succeeding school year, to
meet or exceed enrollment and retention targets set by the board of
regents [or the board of trustees of the state university of New York,
as applicable,] of students with disabilities, English language lear-
ners, and students who are eligible applicants for the free and reduced
price lunch program established pursuant to paragraph (e) of subdivision
four of section twenty-eight hundred fifty-one of this article.
§ 10. Subdivision 2-a of section 355 of the education law is REPEALED.
§ 11. Nothing in this act shall revoke or terminate any charters that
have been authorized by the board of trustees of the state university of
New York prior to the effective date of this act unless cause for revo-
cation or termination is warranted pursuant to section 2855 of the
education law and provided further, that all applications for charter
renewals after the effective date of this act shall be approved by the
board of regents.
§ 12. All obligations to oversee and supervise charters authorized by
the trustees of the state university of New York prior to the effective
date of this act shall be transferred to the board of regents on the
effective date of this act.
§ 13. This act shall take effect immediately.
