S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4101
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sens.  COMRIE,  MYRIE,  PARKER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 AN ACT to amend the education law and the tax law, in relation to enact-
   ing the public education racial equity and diversity act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "public
 education racial equity and diversity act".
   §  2. Subdivision 6, paragraph (a) of subdivision 7, the opening para-
 graph and paragraph (a) of subdivision 9,  paragraph  (a),  the  opening
 paragraph  of  paragraph (b) and subparagraph (viii) of paragraph (c) of
 subdivision 9-a of section 2852 of the education law, subdivision  6  as
 added  by  chapter 4 of the laws of 1998, paragraph (a) of subdivision 7
 as amended by section 2 of part D2 of chapter 57 of the  laws  of  2007,
 the  opening  paragraph and paragraph (a) of subdivision 9 and paragraph
 (a), the opening paragraph of paragraph (b) and subparagraph  (viii)  of
 paragraph (c) of subdivision 9-a as amended by section 2 of subpart A of
 part B of chapter 20 of the laws of 2015, are amended and a new subdivi-
 sion 11 is added to read as follows:
   6.  The  denial  of  an  application,  OR  THE DENIAL OF A REQUEST FOR
 REVISION TO AN APPLICATION, for a charter school  by  a  charter  entity
 shall  be  in  writing  and  shall  state  the  reasons  for the denial.
 Notwithstanding any provision of law to the  contrary,  such  denial  is
 final  and shall not be reviewable in any court or by any administrative
 body WITH THE EXCEPTION OF THE NEW YORK STATE CHARTER SCHOOL  COMMISSION
 ESTABLISHED  PURSUANT  TO  THE  PROVISIONS OF SUBDIVISION ELEVEN OF THIS
 SECTION.
   (a) A revision of a charter shall be made only upon  the  approval  of
 the  charter  entity  and  the  board  of regents in accordance with the
 provisions of subdivisions five-a and five-b  of  this  section,  OR  AS
 AUTHORIZED UNDER SUBDIVISION ELEVEN OF THIS SECTION.
   The total number of charters issued pursuant to this article statewide
 shall  not exceed [four] SEVEN hundred [sixty] NINETY-SIX. (a) All char-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02767-01-3
 S. 4101                             2
 
 ters 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] BETWEEN July first, two thousand fifteen AND  JULY  FIRST,
 TWO  THOUSAND  TWENTY-THREE,  and no more, shall be granted to a charter
 for a school to be located in a city having a population of one  million
 or  more.  TO PROMOTE EQUITY AND DIVERSITY IN EDUCATIONAL LEADERSHIP AND
 PRIORITIZE THE ISSUANCE OF NEW CHARTERS TO COMMUNITY-BASED ORGANIZATIONS
 RUN BY INDIVIDUALS FROM HISTORICALLY UNDERREPRESENTED COMMUNITIES, THREE
 HUNDRED THIRTY-SIX OF SUCH CHARTERS ISSUED ON OR AFTER JULY  FIRST,  TWO
 THOUSAND  TWENTY-THREE, AND NO MORE, SHALL BE GRANTED TO A CHARTER FOR A
 SCHOOL TO BE MANAGED BY A BOARD OF TRUSTEES AND SCHOOL-BASED  MANAGEMENT
 OR  LEADERSHIP  TEAM,  WHERE BOTH OF WHICH WILL BE COMPRISED OF AT LEAST
 FIFTY-ONE PERCENT OF MEMBERS WHO MEET THE ETHNIC DEFINITION OF  MINORITY
 GROUP  MEMBER  SET  FORTH IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW. 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 char-
 ter school, or the renewal or extension of a  charter  approved  by  any
 charter  entity, shall not be counted toward the numerical limits estab-
 lished by this subdivision.
   (a) The board of regents is hereby authorized and  directed  to  issue
 [four]  SEVEN  hundred [sixty] NINETY-SIX 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.
   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,  PROMOTES
 EQUITY  AND  DIVERSITY  IN  EDUCATIONAL  LEADERSHIP, 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 alterna-
 tives within the local public education  system  that  would  offer  the
 greatest  educational  benefit to students. Applications shall be evalu-
 ated 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 consider any applications
 which do not rigorously demonstrate that they  have  met  the  following
 criteria:
   (viii)  PROMOTING  DIVERSITY  IN EDUCATIONAL LEADERSHIP AND INCREASING
 THE NUMBER  OF  EDUCATION  LEADERS  FROM  HISTORICALLY  UNDERREPRESENTED
 COMMUNITIES BY ESTABLISHING A BOARD OF TRUSTEES AND SCHOOL-BASED MANAGE-
 MENT  OR  LEADERSHIP  TEAM  OF AT LEAST FIFTY-ONE PERCENT OF MEMBERS WHO
 MEET THE ETHNIC DEFINITION OF MINORITY GROUP MEMBER SET FORTH IN ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW;
   (IX) 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. 4101                             3
 
   11. (A) FOR THE PURPOSES OF THIS  SUBDIVISION  THE  TERM  "COMMISSION"
 SHALL  MEAN  THE  NEW  YORK  STATE CHARTER SCHOOL COMMISSION ESTABLISHED
 PURSUANT TO THIS SUBDIVISION. A NEW YORK STATE CHARTER SCHOOL COMMISSION
 IS ESTABLISHED AS AN INDEPENDENT COMMISSION  WITH  STATEWIDE  CHARTERING
 JURISDICTION  AND  AUTHORITY.  THE  COMMISSION  SHALL  ONLY BE UNDER THE
 AUTHORITY OF THE BOARD OF REGENTS FOR ADMINISTRATIVE PURPOSES. THE BOARD
 OF REGENTS SHALL PROVIDE ADMINISTRATIVE SUPPORT  TO  THE  COMMISSION  AS
 NEEDED AND REQUESTED BY THE COMMISSION.
   (B)  THE COMMISSION SHALL BE RESPONSIBLE FOR APPROVING CHARTER SCHOOLS
 STATEWIDE WITH A FOCUS ON APPROVING CHARTERS TO  COMMUNITY-BASED  ORGAN-
 IZATIONS  RUN BY INDIVIDUALS FROM HISTORICALLY UNDERREPRESENTED COMMUNI-
 TIES.
   (C) THE COMMISSION SHALL CONSIST OF NINE MEMBERS TO  BE  COMPRISED  OF
 THREE  MEMBERS  PROPOSED BY THE BOARD OF REGENTS, THREE MEMBERS PROPOSED
 BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, AND  THREE
 MEMBERS  PROPOSED  BY  THE  GOVERNOR. THE BOARD OF REGENTS SHALL APPROVE
 THESE APPOINTMENTS SUBJECT TO A  MAJORITY  VOTE  OF  APPROVAL  FOR  EACH
 PROPOSED  APPOINTEE  BY  THE  EDUCATION  COMMITTEE FOR THE BLACK, PUERTO
 RICAN AND ASIAN LEGISLATIVE CAUCUS OF THE NEW YORK STATE ASSEMBLY, WITH-
 IN SIXTY DAYS AFTER THE EFFECTIVE DATE OF  THIS  SUBDIVISION  AND  SIXTY
 DAYS  PRIOR TO THE EXPIRATION OF THE TERM OF A MEMBER THEREAFTER. IF THE
 BOARD OF REGENTS, THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY  OF  NEW
 YORK,  OR  THE  GOVERNOR  FAILS  TO TIMELY PROPOSE A SLATE OF CANDIDATES
 ACCORDING TO THE PROVISIONS OF  THIS  SUBDIVISION,  THEN  THE  EDUCATION
 COMMITTEE  FOR  BLACK,  PUERTO RICAN AND ASIAN LEGISLATIVE CAUCUS OF THE
 NEW YORK STATE ASSEMBLY SHALL APPOINT  THE  MEMBER  OR  MEMBERS  OF  THE
 COMMISSION.
   (D)  MEMBERS  APPOINTED  TO  THE COMMISSION SHALL COLLECTIVELY POSSESS
 STRONG EXPERIENCE AND EXPERTISE  IN  PUBLIC  AND  NONPROFIT  GOVERNANCE,
 MANAGEMENT  AND  FINANCE,  PUBLIC  SCHOOL  LEADERSHIP, HIGHER EDUCATION,
 ASSESSMENTS, CURRICULUM AND INSTRUCTION, AND PUBLIC EDUCATION  LAW.  ALL
 MEMBERS OF THE COMMISSION SHALL HAVE DEMONSTRATED UNDERSTANDING OF AND A
 COMMITMENT  TO  PUBLIC  EDUCATION,  INCLUDING WITHOUT LIMITATION CHARTER
 SCHOOLING. AT LEAST SIX MEMBERS SHALL HAVE PAST  EXPERIENCE  WITH  URBAN
 CHARTER  SCHOOLS,  AND  AT LEAST SIX MEMBERS SHALL MEET THE ETHNIC DEFI-
 NITION OF MINORITY GROUP MEMBER AS DEFINED IN ARTICLE FIFTEEN-A  OF  THE
 EXECUTIVE LAW.
   (E) TO ESTABLISH STAGGERED TERMS OF OFFICE, THE INITIAL TERM OF OFFICE
 FOR THREE COMMISSION MEMBERS SHALL BE FOUR YEARS AND THEREAFTER SHALL BE
 FOUR  YEARS;  THE INITIAL TERM OF OFFICE FOR ANOTHER THREE MEMBERS SHALL
 BE THREE YEARS AND THEREAFTER SHALL BE FOUR YEARS; AND THE INITIAL  TERM
 OF  OFFICE FOR THE REMAINING THREE MEMBERS SHALL BE TWO YEARS AND THERE-
 AFTER SHALL BE FOUR YEARS. THE INITIAL APPOINTMENTS  SHALL  BE  MADE  NO
 LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-THREE.
   (F) WHENEVER A VACANCY ON THE COMMISSION EXISTS, THE EDUCATION COMMIT-
 TEE  FOR THE BLACK, PUERTO RICAN AND ASIAN LEGISLATIVE CAUCUS OF THE NEW
 YORK STATE ASSEMBLY SHALL APPOINT A MEMBER FOR THE REMAINING PORTION  OF
 THE TERM.
   (G)  THE COMMISSION SHALL HAVE THE RESPONSIBILITY TO REVIEW DENIALS OF
 APPLICATIONS AS WELL AS DENIALS OF REQUESTS FOR  REVISIONS  TO  APPLICA-
 TIONS ISSUED PURSUANT TO SUBDIVISION SIX OF THIS SECTION UPON RECEIPT OF
 WRITTEN  APPEAL  FROM  THE  DENIED  APPLICANT. SUCH RESPONSIBILITY TAKES
 EFFECT IMMEDIATELY UPON  APPOINTMENT  OF  THE  INITIAL  MEMBERS  OF  THE
 COMMISSION  PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION. APPEALS PEND-
 ING AT THE TIME OF  INITIAL  APPOINTMENT  SHALL  BE  DETERMINED  BY  THE
 COMMISSION.  THE  COMMISSION MAY EXTEND THE TIME FOR REVIEW AS NECESSARY
 S. 4101                             4
 
 FOR THOROUGH REVIEW, BUT IN NO CASE SHALL THE EXTENSION EXCEED THE  TIME
 THAT  WOULD  HAVE  BEEN  AVAILABLE  HAD THE APPEAL BEEN SUBMITTED TO THE
 COMMISSION ON THE DATE OF APPOINTMENT OF ITS  INITIAL  MEMBERS.  IN  ANY
 APPEAL  FILED WITH THE COMMISSION UNDER THIS ARTICLE, BOTH THE APPLICANT
 AND THE CHARTER ENTITY THAT ISSUED THE DENIAL SHALL HAVE  THE  RIGHT  TO
 REQUEST  A  HEARING  BEFORE  THE  COMMISSION.  IF  MORE  THAN ONE ENTITY
 REQUESTS A HEARING, THEN THE COMMISSION SHALL  HOLD  ONLY  ONE  HEARING,
 WHEREIN  THE APPLICANT AND THE CHARTER ENTITY SHALL HAVE AN EQUAL OPPOR-
 TUNITY TO PRESENT THEIR RESPECTIVE POSITIONS.
   (H) ANY CHARTER SCHOOL AUTHORIZED BY THE  COMMISSION  SHALL  HAVE  ITS
 AUTHORIZATION TRANSFERRED TO THE COMMISSION, WHICH SHALL THEN BECOME THE
 SCHOOL'S  AUTHORIZER  FOR  ALL  PURPOSES UNDER THIS ARTICLE. ANY CHARTER
 SCHOOL AUTHORIZED BY CHARTER ENTITIES OTHER THAN THE COMMISSION MAY SEEK
 TRANSFER OF AUTHORIZATION TO THE COMMISSION DURING ITS CURRENT TERM WITH
 THE APPROVAL OF A MAJORITY OF THE TRUSTEES OR MEMBERS OF  THE  BOARD  OF
 EDUCATION FOR THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED. NOTICE
 OF  A  CHARTER ENTITY'S DECISION TO DENY, REVOKE, OR NOT RENEW A CHARTER
 SHALL BE PROVIDED TO THE COMMISSION, AS SHALL A CHARTER  ENTITY'S  DECI-
 SION  TO  DENY  A  REQUEST  FOR REVISION TO AN APPLICATION FOR A CHARTER
 SCHOOL.  UPON RECEIPT OF WRITTEN APPEAL FROM THE DENIED APPLICANT AND IN
 ACCORDANCE WITH PARAGRAPH (G) OF THIS SUBDIVISION,  THE  COMMISSION  MAY
 REVERSE  A  CHARTER  ENTITY'S  DECISION IF THE COMMISSION FINDS THAT THE
 CHARTER SCHOOL, THE CHARTER SCHOOL PROPOSAL,  OR  THE  CHARTER  SCHOOL'S
 REQUEST FOR A REVISION TO ITS APPLICATION IS (I) IN COMPLIANCE WITH THIS
 ARTICLE;  AND (II)  IN THE BEST INTERESTS OF THE STUDENTS IT IS DESIGNED
 TO SERVE.
   (I) NOTWITHSTANDING OTHER PROVISIONS OF THIS ARTICLE, IF  THE  COMMIS-
 SION  ON APPEAL REVERSES A CHARTER ENTITY'S DECISION TO DENY, REVOKE, OR
 NOT RENEW A CHARTER OR A CHARTER'S REQUEST FOR REVISION TO ITS  APPLICA-
 TION,  OR  IF  A  CHARTER SCHOOL SUCCESSFULLY SEEKS TRANSFER OF AUTHORI-
 ZATION TO THE COMMISSION PURSUANT TO PARAGRAPH (H) OF THIS  SUBDIVISION,
 THE  COMMISSION  SHALL  ACT  AS THE AUTHORIZED CHARTERING ENTITY FOR THE
 CHARTER SCHOOL. THE COMMISSION SHALL APPROVE THE CHARTER OR THE  REQUEST
 FOR  REVISION TO THE CHARTER'S APPLICATION AND SHALL PERFORM ALL CHARTER
 ENTITY FUNCTIONS SET FORTH IN THIS ARTICLE.
   § 3. Section 679-j of the education law, as added by section 1 of part
 AA of chapter 56 of the laws of 2018, is amended to read as follows:
   § 679-j. The New York  state  teacher  loan  forgiveness  program.  1.
 Purpose.  The  president shall grant student loan forgiveness awards for
 the purpose of increasing the number of teachers serving in  the  state,
 GENERALLY,  AND THE NUMBER OF TEACHERS SERVING IN THE STATE WHO MEET THE
 ETHNIC DEFINITION OF MINORITY GROUP MEMBER, SPECIFICALLY.
   2. Eligibility. To be eligible for an award pursuant to this  subdivi-
 sion,  applicants  shall  (a) be certified as a teacher; (b) be employed
 full time in this state in an elementary or secondary school; (c) comply
 with subdivisions three and five of section  six  hundred  sixty-one  of
 this  part;  (d) have an outstanding student loan debt; and (e) meet one
 of the following criteria:
   (i) teach in a shortage subject area;
   (ii) teach in a hard to staff district; [or]
   (iii) the applicant is economically disadvantaged, as defined  by  the
 corporation[.]; OR
   (IV)  THE  APPLICANT  MEETS  THE  ETHNIC  DEFINITION OF MINORITY GROUP
 MEMBER AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   3. Definitions. For the purposes of this section[,]:
 S. 4101                             5
 
   (A) the term "shortage subject area" shall mean a  curriculum  subject
 matter  or practice of teaching where there is a shortage of teachers in
 New York state, as designated by the department[, and];
   (B)  the  term  "hard  to  staff  school  districts" shall mean school
 districts that have a shortage of teachers, as designated by the depart-
 ment[.]; AND
   (C) THE TERM "MINORITY GROUP MEMBER" SHALL MEAN A UNITED STATES  CITI-
 ZEN OR PERMANENT RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN
 ONE OF THE FOLLOWING GROUPS:
   (I)  BLACK  PERSONS  HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL
 GROUPS;
   (II) HISPANIC/LATINO PERSONS  OF  MEXICAN,  PUERTO  RICAN,  DOMINICAN,
 CUBAN,  CENTRAL  OR  SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN,
 REGARDLESS OF RACE;
   (III) NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN  ANY
 OF THE ORIGINAL PEOPLES OF NORTH AMERICA;
   (IV)  ASIAN  AND PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE
 FAR EAST COUNTRIES, SOUTH EAST ASIA,  THE  INDIAN  SUBCONTINENT  OR  THE
 PACIFIC ISLANDS.
   4.  Priority.  Such awards shall be made annually to applicants in the
 following priority:
   (a) First priority shall be given  to  applicants  who  have  received
 payment of an award pursuant to this section in a prior year and who, in
 the year prior to application, are teachers [in] (i) IN a subject short-
 age  area,  [or]  (ii)  IN a hard to staff school district, OR (III) WHO
 MEET THE ETHNIC DEFINITION OF MINORITY GROUP MEMBER;
   (b) Second priority shall be given to applicants who have not received
 payment of an award pursuant to this section in a prior year and who are
 teachers [in] (i) IN a subject shortage area, [or] (ii) IN hard to staff
 school district, OR (III) WHO MEET THE  ETHNIC  DEFINITION  OF  MINORITY
 GROUP MEMBER in the year prior to such application; and
   (c)  Third  priority shall be given to applicants who are economically
 disadvantaged as defined by the corporation.
   5. Awards. The corporation shall grant awards pursuant to  the  amount
 appropriated  for  such purpose and based on availability of funds in an
 amount up to [five] TEN thousand dollars to individuals who are employed
 full-time as teachers for the school year  prior  to  such  application,
 provided that no recipient shall receive an award that exceeds the total
 remaining balance of the student loan debt pursuant to this section[, in
 excess of twenty thousand dollars].
   6.  Rules and regulations. The corporation is authorized to promulgate
 rules and regulations and may promulgate emergency regulations necessary
 for the implementation of the provisions of this section. In  the  event
 that  there  are more applicants who have the same priority, as provided
 in subdivision four of this section, than there  are  remaining  awards,
 the  corporation  shall provide in regulation the method of distributing
 the remaining number of such awards, which  may  include  a  lottery  or
 other form of random selection.
   § 4. The education law is amended by adding three new sections 3004-d,
 3004-e and 3004-f to read as follows:
   §  3004-D.  ALTERNATIVE TEACHER CERTIFICATION REQUIREMENTS. 1. TEACHER
 CERTIFICATION COMPLIANCE. AN EDUCATION CORPORATION MAY SUBMIT  TO  THEIR
 CHARTER  AUTHORIZER AND A DISTRICT SCHOOL MAY SUBMIT TO ITS LOCAL EDUCA-
 TION AGENCY AS DEFINED IN SECTION  THREE  THOUSAND  THIRTY-TWO  OF  THIS
 ARTICLE, FOR APPROVAL OF AN INSTRUCTIONAL PROGRAM AS DEFINED IN SUBDIVI-
 SION  TWO OF THIS SECTION FOR TEACHERS WHO MEET THE ETHNIC DEFINITION OF
 S. 4101                             6

 MINORITY GROUP MEMBER SET FORTH IN ARTICLE FIFTEEN-A  OF  THE  EXECUTIVE
 LAW  AS WELL AS THE REQUIREMENTS SET FORTH IN THIS SECTION. THE REQUIRE-
 MENTS OF AN APPROVED INSTRUCTIONAL PROGRAM UNDER THIS SECTION  SHALL  BE
 CONSIDERED  EQUIVALENT  TO  THE CERTIFICATION REQUIREMENTS APPLICABLE TO
 OTHER PUBLIC SCHOOLS OF THE STATE FOR THE PURPOSES OF PARAGRAPH (A-1) OF
 SUBDIVISION THREE OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-FOUR  OF  THIS
 CHAPTER.  FOR  THE  PURPOSES  OF THIS SECTION THE TERM "APPLICANT" SHALL
 REFER TO ANY EDUCATION CORPORATION OR DISTRICT SCHOOL  WHO  SUBMITS  FOR
 APPROVAL OF AN INSTRUCTIONAL PROGRAM PURSUANT TO THIS SECTION.
   2.  INSTRUCTIONAL  PROGRAM.  AN  APPLICANT  MAY  AT  ANY TIME SUBMIT A
 PROPOSED INSTRUCTIONAL PROGRAM TO ITS CHARTER AUTHORIZER OR LOCAL EDUCA-
 TION AGENCY FOR APPROVAL. IF A CHARTER AUTHORIZER HAS DENIED AN APPLICA-
 TION OR REVOKED OR CLOSED AN INSTRUCTIONAL PROGRAM,  THE  APPLICANT  MAY
 SUBMIT A REVISED PROPOSED INSTRUCTIONAL PROGRAM TO ITS CHARTER AUTHORIZ-
 ER  OR APPEAL THE DENIAL TO THE NEW YORK STATE CHARTER SCHOOL COMMISSION
 ESTABLISHED PURSUANT  TO  SUBDIVISION  ELEVEN  OF  SECTION  TWENTY-EIGHT
 HUNDRED  FIFTY-TWO OF THIS CHAPTER. IN ORDER TO BE ELIGIBLE TO APPLY, AN
 APPLICANT SHALL BE APPROVED TO OPERATE AT LEAST ONE SCHOOL. AN  INSTRUC-
 TIONAL  PROGRAM  SHALL  NOT BE ELIGIBLE FOR APPROVAL UNLESS IT MEETS THE
 MINIMUM REQUIREMENTS SET FORTH IN THIS SECTION.
   3. ACADEMIC SUCCESS REQUIREMENTS. A. THE APPLICANT SHALL HAVE A DEMON-
 STRATED RECORD OF ACADEMIC SUCCESS AS FOLLOWS:
   (I) FOR AN EDUCATION CORPORATION, FIFTY PERCENT OF APPLICANT'S CHARTER
 SCHOOLS WITH STUDENTS PARTICIPATING IN GRADES THREE THROUGH EIGHT  STATE
 ADMINISTERED  STANDARDIZED  ENGLISH LANGUAGE ARTS AND MATHEMATIC ASSESS-
 MENTS EXAMINATIONS SHALL HAVE PERFORMED BETTER ON SUCH EXAMINATIONS THAN
 THE DISTRICT SCHOOLS IN  THE  SCHOOL  DISTRICTS  IN  WHICH  THE  CHARTER
 SCHOOLS ARE LOCATED;
   (II)  FOR AN EDUCATION CORPORATION THAT OFFERS INSTRUCTION IN THE HIGH
 SCHOOL GRADES, SUCH CHARTER SCHOOLS SHALL  HAVE  MET  SIXTY  PERCENT  OF
 THEIR  ACCOUNTABILITY  PLAN  PURSUANT  TO THE PERFORMANCE AGREEMENT WITH
 THEIR CHARTER AUTHORIZER; OR
   (III) FOR AN EDUCATION CORPORATION THAT OFFERS INSTRUCTION  IN  GRADES
 THREE  THROUGH EIGHT AND THE HIGH SCHOOL GRADES, THE APPLICANT'S CHARTER
 AUTHORIZER SHALL WEIGH THE GRADES ACCORDINGLY; OR
   (IV) FOR DISTRICT SCHOOLS THAT PRIMARILY OFFERS EDUCATION TO A SPECIAL
 POPULATION, INCLUDING A STUDENT WITH DISABILITIES OR A STUDENT WHO IS AN
 ENGLISH LANGUAGE LEARNER, SUCH SCHOOLS SHALL HAVE PERFORMED BETTER  THAN
 THE  STUDENTS  OF  THE  APPLICABLE  SPECIAL  POPULATION  IN  THE  SCHOOL
 DISTRICTS IN WHICH THE CHARTER SCHOOL IS LOCATED AND AT LEAST ONE OF THE
 APPLICANT'S SCHOOLS SHALL HAVE RECEIVED A RENEWAL WITHIN THE  LAST  FIVE
 YEARS  AND  IF TWO OR MORE EDUCATION CORPORATIONS ARE APPLYING TOGETHER,
 AT LEAST ONE SCHOOL FROM EACH EDUCATION CORPORATION SHALL MEET THE STAN-
 DARD SET FORTH IN THIS SUBPARAGRAPH. FOR PURPOSES OF THIS  SUBPARAGRAPH,
 THE SCHOOL DISTRICT IN WHICH A CHARTER SCHOOL IS LOCATED SHALL MEAN, FOR
 THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE COMMUNITY DISTRICT
 IN WHICH A CHARTER SCHOOL IS LOCATED.
   B.  AN  EDUCATION  CORPORATION SHALL BE AUTHORIZED TO CONTRACT WITH AN
 INSTITUTION OF HIGHER EDUCATION  TO  PROVIDE  AN  INSTRUCTIONAL  PROGRAM
 PURSUANT  TO  THIS  SECTION,  PROVIDED  HOWEVER, THAT THE INSTITUTION OF
 HIGHER EDUCATION SHALL NOT HAVE HAD A GRADUATE-LEVEL TEACHER AND  LEADER
 EDUCATION  PROGRAM  SUSPENDED  OR  DEREGISTERED BY THE DEPARTMENT AT ANY
 TIME.
   C. THE APPLICANT SHALL MAINTAIN HIGH STANDARDS FOR CANDIDATES  INCLUD-
 ING COMPLETION OF A MASTER'S DEGREE IN EDUCATION OR BACHELOR'S DEGREE OR
 HIGHER IN ANY SUBJECT AREA FROM AN ACCREDITED INSTITUTION WITH A CUMULA-
 S. 4101                             7
 
 TIVE  GRADE  POINT AVERAGE OF 3.0 OR HIGHER, OR ITS EQUIVALENT, OR SHALL
 HAVE BEEN FOUND TO HAVE THE NECESSARY KNOWLEDGE AND SKILLS  TO  SUCCESS-
 FULLY COMPLETE THE PROGRAM AS DETERMINED BY ITS AUTHORIZER.
   4.  CERTIFICATE  TITLES REQUIREMENTS. A. CERTIFICATE TITLES OFFERED BY
 AN INSTRUCTIONAL PROGRAM MAY INCLUDE, BUT ARE NOT LIMITED TO:
   (I) CHILDHOOD EDUCATION (PRE-KINDERGARTEN THROUGH SIXTH GRADE);
   (II) SECONDARY EDUCATION (FIFTH  GRADE  THROUGH  TWELFTH  GRADE)  WITH
 SPECIALIZATION  IN  PRIMARY SUBJECT AREAS WHICH MAY INCLUDE, BUT ARE NOT
 LIMITED TO:
   (A) HUMANITIES;
   (B) MATHEMATICS; AND
   (C) SCIENCE;
   (III) CHILDHOOD STUDENTS WITH DISABILITIES  (PRE-KINDERGARTEN  THROUGH
 SIXTH GRADE);
   (IV) SECONDARY STUDENTS WITH DISABILITIES (FIFTH GRADE THROUGH TWELFTH
 GRADE);
   (V)  CHILDHOOD ENGLISH FOR SPEAKERS OF OTHER LANGUAGES (PRE-KINDERGAR-
 TEN THROUGH SIXTH GRADE); AND
   (VI) SECONDARY ENGLISH FOR SPEAKERS OF OTHER  LANGUAGES  (FIFTH  GRADE
 THROUGH TWELFTH GRADE).
   B. THE INSTRUCTIONAL PROGRAM SHALL INCLUDE:
   (I)  ONE  HUNDRED  SIXTY CLOCK HOURS OF CLASSROOM INSTRUCTION CONTENT,
 INCLUDING CONTENT CORE STUDY AND PEDAGOGICAL  CORE  STUDY,  WHICH  SHALL
 PROVIDE  THE  NECESSARY  KNOWLEDGE  BASE,  UNDERSTANDING, AND SKILLS FOR
 TEACHING STUDENTS IN THE RESPECTIVE GRADE LEVELS, AND IN THE  RESPECTIVE
 SUBJECT AREAS, FOR THE CERTIFICATION BEING SOUGHT. THE ONE HUNDRED SIXTY
 CLOCK  HOURS ARE IN ADDITION TO ANY CREDIT HOURS EARNED BY CANDIDATES AS
 PART OF THE REQUIRED BACHELOR'S DEGREE  REFERENCED  IN  PARAGRAPH  C  OF
 SUBDIVISION THREE OF THIS SECTION. FOR THE PURPOSES OF THIS SUBPARAGRAPH
 "CLASSROOM  INSTRUCTION  CONTENT"  SHALL  INCLUDE CURRICULUM AND CONTENT
 SPECIFIC TO THE CERTIFICATION BEING SOUGHT, INSTRUCTIONAL STRATEGIES AND
 PLANNING, CLASSROOM AND BEHAVIORAL MANAGEMENT, AND SHALL BE DESIGNED  TO
 PREPARE  CANDIDATES  TO  INSTRUCT STUDENTS WITH A RANGE OF ABILITIES AND
 DIFFERENTIATE INSTRUCTION TO ENHANCE THE LEARNING OF ALL STUDENTS IN THE
 CONTENT AREAS OF THE CERTIFICATE. A  CANDIDATE  MAY  SEEK  DUAL  CERTIF-
 ICATION  IN  TWO DIFFERENT TITLES, FOR WHICH THE ONE HUNDRED SIXTY TOTAL
 CLOCK HOURS SHALL BE APPROPRIATE FOR THE DUAL TITLES  BEING  SOUGHT.  IF
 ONE  OF THE TITLES SOUGHT IS STUDENTS WITH DISABILITIES, AT LEAST TWENTY
 OF THE ONE HUNDRED  SIXTY  CLOCK  HOURS  SHALL  INCLUDE  THE  ADDITIONAL
 STUDENTS  WITH DISABILITIES TRAINING REQUIRED PURSUANT TO PARAGRAPH E OF
 THIS SECTION.
   (II) FORTY CLOCK HOURS OF FIELD EXPERIENCE APPROPRIATE TO THE  CERTIF-
 ICATION  BEING  SOUGHT,  WITH AT LEAST SIX OF THE FORTY HOURS FOCUSED ON
 MEETING THE NEEDS OF STUDENTS  WITH  DISABILITIES,  WITH  THE  CANDIDATE
 PRIMARILY  RESPONSIBLE  FOR CLASSROOM INSTRUCTION, AND UNDER SUPERVISION
 OF AN EXPERIENCED TEACHER WITH THE FOLLOWING QUALIFICATIONS:
   (A) CERTIFIED IN THE SUBJECT, AREA OR GRADE RANGE OF  INSTRUCTION,  AS
 APPLICABLE; OR
   (B) UNCERTIFIED TEACHERS WHO:
   (1)  HAVE  AT  LEAST THREE YEARS OF SATISFACTORY ELEMENTARY, MIDDLE OR
 SECONDARY CLASSROOM EXPERIENCE; OR
   (2) ARE TENURED, TENURE TRACK OR ADJUNCT COLLEGE FACULTY; OR
   (3) HAVE TWO YEARS OF SATISFACTORY EXPERIENCE THROUGH  THE  TEACH  FOR
 AMERICA  PROGRAM  OR  SIMILAR  PROGRAMS AS DETERMINED BY THE APPLICANT'S
 AUTHORIZER.
 S. 4101                             8
 
   C. A CANDIDATE MAY SEEK A DUAL CERTIFICATION IN TWO DIFFERENT  TITLES,
 FOR  WHICH  THE  CANDIDATE  SHALL COMPLETE FORTY TOTAL FIELD HOURS, WITH
 APPROXIMATELY ONE-HALF OF SUCH FIELD HOURS FOCUSED ON EACH CERTIFICATION
 TITLE SOUGHT.
   D. CANDIDATES TEACHING WITHIN THE INITIAL THREE-YEAR PERIOD OF CERTIF-
 ICATION SHALL RECEIVE PERIODIC MENTORING BY A PRINCIPAL, ASSISTANT PRIN-
 CIPAL,  A  TEACHER  QUALIFIED  TO  OVERSEE  FIELD EXPERIENCE PURSUANT TO
 SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS  SUBDIVISION,  OR  A  QUALIFIED
 INSTRUCTIONAL  PROGRAM INSTRUCTOR PURSUANT TO PARAGRAPH E OF THIS SUBDI-
 VISION WHICH SHALL BE DESIGNED TO MEET THE INDIVIDUAL LEARNING NEEDS  OF
 THE CANDIDATE.
   E.  THE  FOLLOWING ADDITIONAL COURSEWORK SHALL ALSO BE INCLUDED IN THE
 INSTRUCTIONAL PROGRAM IF SUCH COURSEWORK IS  NECESSARY  FOR  THE  TITLES
 SOUGHT:
   (I)  COMPLETION OF A WORKSHOP APPROVED BY THE DEPARTMENT ON THE PROPER
 PROCESS TO REPORT CHILD ABUSE AND NEGLECT IN ACCORDANCE WITH SUBDIVISION
 TWO OF SECTION THREE THOUSAND FOUR OF THIS ARTICLE;
   (II) COMPLETION OF A WORKSHOP APPROVED BY  THE  DEPARTMENT  ON  SCHOOL
 VIOLENCE  INTERVENTION  AND  PREVENTION  IN  ACCORDANCE WITH SUBDIVISION
 THREE OF SECTION THREE THOUSAND FOUR OF THIS ARTICLE;
   (III) SIX CLOCK HOURS OF COURSEWORK OR TRAINING ON HARASSMENT,  BULLY-
 ING  AND  DISCRIMINATION  PREVENTION AND INTERVENTION, AS SUCH TERMS ARE
 DEFINED IN SECTION  ELEVEN  OF  THIS  CHAPTER  IN  ACCORDANCE  WITH  THE
 PURPOSES OF SUBDIVISION FIVE OF SECTION FOURTEEN OF THIS CHAPTER; AND/OR
   (IV)  FOR  CANDIDATES SEEKING CERTIFICATION IN STUDENTS WITH DISABILI-
 TIES OR ENGLISH FOR SPEAKERS OF OTHER LANGUAGES,  CLASSROOM  INSTRUCTION
 SHALL  FOCUS  ON  DEVELOPING  KNOWLEDGE,  UNDERSTANDING,  AND SKILLS FOR
 TEACHING STUDENTS  WITH  DISABILITIES  OR  STUDENTS  WHO  ARE    ENGLISH
 LANGUAGE LEARNERS, RESPECTIVELY, INCLUDING ENHANCED COURSEWORK OR TRAIN-
 ING.  FIELD  EXPERIENCE  SHALL  BE  COMPLETED UNDER THE SUPERVISION OF A
 TEACHER CERTIFIED IN STUDENTS WITH DISABILITIES OR ENGLISH FOR  SPEAKERS
 OF  OTHER  LANGUAGES,  RESPECTIVELY,  AND  THE CANDIDATE SEEKING CERTIF-
 ICATION SHALL SPEND:
   (A) FOR STUDENTS WITH DISABILITIES, A MAJORITY OF A CANDIDATE'S  EXPE-
 RIENCE HOURS SHALL BE IN AN INTEGRATED CO-TEACHING CLASSROOM OR A CLASS-
 ROOM  OTHERWISE  PROVIDING  SPECIAL SERVICES OR PROGRAMS AS SUCH TERM IS
 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER;
   (B) FOR ENGLISH FOR SPEAKERS OF OTHER LANGUAGES, A MAJORITY OF  CANDI-
 DATE'S  REQUIRED  FORTY  CLOCK  HOURS OF FIELD EXPERIENCE IN A BILINGUAL
 EDUCATION, ENGLISH AS A NEW LANGUAGE OR  INTEGRATED  ENGLISH  AS  A  NEW
 LANGUAGE  CLASSROOM AS SUCH TERMS ARE DEFINED IN PART ONE HUNDRED FIFTY-
 FOUR OF TITLE EIGHT OF THE NEW YORK CODES, RULES AND REGULATIONS  OR  AN
 EQUIVALENT  CLASSROOM  PROVIDING  SERVICES  TO  STUDENTS WHO ARE ENGLISH
 LANGUAGE LEARNERS;
   (C) FOR STUDENTS WITH DISABILITIES, IN ADDITION TO THE FORTY HOURS  OF
 REQUIRED FIELD EXPERIENCE, AN ADDITIONAL FORTY HOURS OBSERVING AND WORK-
 ING WITH STUDENTS WITH AN INDIVIDUALIZED EDUCATION PROGRAM;
   (D)  FOR  ENGLISH  FOR SPEAKERS OF OTHER LANGUAGES, IN ADDITION TO THE
 FORTY CLOCK HOURS OF REQUIRED  FIELD  EXPERIENCE,  AN  ADDITIONAL  FORTY
 CLOCK HOURS OBSERVING AND WORKING WITH STUDENTS WHO ARE ENGLISH LANGUAGE
 LEARNERS  AS  SUCH  TERM IS DEFINED IN SECTION 154-2.2 OF TITLE EIGHT OF
 THE NEW YORK CODES, RULES AND REGULATIONS; AND
   (E) FOR STUDENTS WITH  DISABILITIES,  AT  LEAST  TEN  CLOCK  HOURS  OF
 COURSEWORK  OR  TRAINING  IN  THE LAW, REGULATIONS AND APPROPRIATE TECH-
 NIQUES TO ADDRESS DISCIPLINE OF STUDENTS WITH DISABILITIES IN ACCORDANCE
 S. 4101                             9
 
 WITH THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AND ANY REGULATIONS
 PROMULGATED THEREUNDER.
   F. AN INSTRUCTIONAL PROGRAM INSTRUCTOR SHALL:
   (I) BE A CLASSROOM TEACHER WHO HAS EARNED AT LEAST A BACHELOR'S DEGREE
 FROM AN ACCREDITED INSTITUTION AND HAS TWO YEARS TEACHING EXPERIENCE;
   (II) BE AN ADMINISTRATOR OF THE APPLICANT WHO EITHER:
   (A)  PREVIOUSLY WORKED AS A CLASSROOM TEACHER WHO WOULD HAVE QUALIFIED
 AS INSTRUCTORS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH; OR
   (B) IS A SCHOOL ADMINISTRATOR; OR
   (III) HAS THE EXPERTISE, ADVANCED STUDY, OR LICENSURE  APPROPRIATE  TO
 THE  FIELD TO TEACH EFFECTIVELY THE COURSE TO WHICH THEY ARE ASSIGNED IN
 THE APPROPRIATE DEPTH AND  BREADTH  AS  DETERMINED  BY  THE  DEPARTMENT.
 INDIVIDUALS  QUALIFIED UNDER THIS SUBPARAGRAPH SHALL BE ELIGIBLE ONLY TO
 TEACH A PORTION OF THE INSTRUCTIONAL PROGRAM LIMITED TO  THE  COURSE  IN
 WHICH  THEY HOLD SUCH EXPERTISE, ADVANCED STUDY, OR LICENSURE. ELIGIBIL-
 ITY OF AN INDIVIDUAL TO TEACH SUCH COURSE  SHALL  BE  SUBJECT  TO  PRIOR
 APPROVAL BY THE APPLICANT'S AUTHORIZER.
   G.  CANDIDATES ENROLLED IN AN INSTRUCTIONAL PROGRAM SHALL BE REGULARLY
 ASSESSED ON ALL ASPECTS OF THE  PROPOSED  COURSE  OF  STUDY.  ASSESSMENT
 METHODS  MAY  INCLUDE,  BUT  NEED  NOT BE LIMITED TO, TESTING, PORTFOLIO
 REVIEWS, OR DEMONSTRATION OF PEDAGOGICAL KNOWLEDGE AND SKILLS, AND SHALL
 INCLUDE A FINAL ASSESSMENT UTILIZING ONE OR MORE SUCH METHOD  TO  DETER-
 MINE WHETHER THE CANDIDATE HAS SATISFACTORILY DEMONSTRATED THE COMPETEN-
 CIES INCLUDED IN THE INSTRUCTIONAL PROGRAM. SUCH FINAL ASSESSMENT MAY BE
 EITHER  THE  STATE  TEACHER CERTIFICATION EXAMINATION, THE EDUCATING ALL
 STUDENTS TEST, OR AN EXAMINATION  WHICH  MEASURES,  AT  A  MINIMUM,  ALL
 REQUIRED ELEMENTS OF THE EDUCATING ALL STUDENTS TEST, AND IS APPROVED BY
 THE  DEPARTMENT.  FOR A CANDIDATE SEEKING CERTIFICATION IN STUDENTS WITH
 DISABILITIES, SUCH CANDIDATE SHALL BE ADDITIONALLY ASSESSED WITH THE NEW
 YORK STATE CONTENT SPECIALTY TEST IN STUDENTS WITH  DISABILITIES  OR  AN
 EXAMINATION  WHICH  MEASURES, AT A MINIMUM, ALL REQUIRED ELEMENTS OF THE
 CONTENT SPECIALTY TEST, AND IS APPROVED BY THE APPLICANT'S AUTHORIZER.
   5.  APPROVAL  OF  INSTRUCTIONAL  PROGRAM.  A.  APPLICANTS  MAY  SUBMIT
 PROPOSED  INSTRUCTIONAL  PROGRAMS  TO  THEIR AUTHORIZERS. SUCH PROPOSALS
 SHALL INCLUDE INFORMATION EXPLAINING  THE  NEED  FOR  THE  INSTRUCTIONAL
 PROGRAM  AND  SHALL  SPECIFY HOW THE PROPOSED INSTRUCTIONAL PROGRAM WILL
 MEET THE REQUIREMENTS OF THIS SECTION INCLUDING BY PROVIDING:
   (I) PROOF THAT THE APPLICANT HAS A DEMONSTRATED RECORD OF SUCCESS;
   (II) A LIST OF THE CERTIFICATES THAT WILL BE  OFFERED  BY  THE  APPLI-
 CANT'S INSTRUCTIONAL PROGRAM;
   (III) THE REQUIRED CANDIDATE QUALIFICATIONS;
   (IV) THE QUALIFICATIONS OF INSTRUCTIONAL PROGRAM INSTRUCTORS;
   (V)  THE  REQUIREMENTS FOR CERTIFICATION AS A "CERTIFIED INTERN TEACH-
 ER";
   (VI) THE COMPETENCIES REQUIRED FOR EACH CERTIFICATE OFFERED;
   (VII) AN OVERVIEW OF THE CLASSROOM INSTRUCTION TO BE OFFERED  AS  PART
 OF  THE  INSTRUCTIONAL  PROGRAM  INCLUDING  HOW PROGRAM INSTRUCTORS WILL
 TRAIN CANDIDATES ON HOW TO TEACH STUDENTS CRITICAL THINKING SKILLS; AND
   (VIII) THE ASSESSMENT METHODS TO BE USED INCLUDING THE  FINAL  ASSESS-
 MENT.
   B. A PROPOSED INSTRUCTIONAL PROGRAM SHALL BE APPROVED OR DENIED WITHIN
 NINETY  DAYS  OF SUBMISSION TO THE APPLICANT'S AUTHORIZER. IF THE APPLI-
 CANT'S AUTHORIZER DOES NOT APPROVE AN INSTRUCTIONAL PROGRAM  WITHIN  THE
 TIMEFRAME SET FORTH IN THIS PARAGRAPH, THE APPLICATION SHALL BE AUTOMAT-
 ICALLY  APPROVED. THE AUTHORIZER MAY, BUT IS NOT REQUIRED TO, PERMIT THE
 APPLICANT TO AMEND THE APPLICATION DURING OR AFTER  THE  REVIEW  PERIOD.
 S. 4101                            10
 
 THE AUTHORIZER SHALL STATE THE GENERAL REASONS FOR A DENIAL OF AN APPLI-
 CATION IN WRITING. THERE SHALL BE NO REVIEW OF A DENIAL BY THE COMMITTEE
 OR THE BOARD OF TRUSTEES EXCEPT AS CONSISTENT WITH SUBDIVISION ELEVEN OF
 SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER.
   C.  ONCE THE AUTHORIZER APPROVES AN APPLICANT'S INSTRUCTIONAL PROGRAM,
 THE APPLICANT SHALL COMMENCE INSTRUCTION  OF  CANDIDATES  IN  ACCORDANCE
 WITH THE APPLICATION AND THE REQUIREMENTS OF THIS SECTION.
   D.  THE  REQUIREMENTS  OF  AN  APPROVED INSTRUCTIONAL PROGRAM SHALL BE
 CONSIDERED EQUIVALENT TO THE CERTIFICATION  REQUIREMENTS  APPLICABLE  TO
 OTHER  PUBLIC  SCHOOLS  OF  THE STATE FOR PURPOSES OF PARAGRAPH (A-1) OF
 SUBDIVISION THREE OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-FOUR  OF  THIS
 CHAPTER.
   6.  TEACHER  CERTIFICATIONS.  A.  A  TEACHER  ENROLLED  IN AN APPROVED
 INSTRUCTIONAL PROGRAM SHALL BE GRANTED CERTIFICATION  IN  THE  FOLLOWING
 MANNER AND SUBJECT TO THE FOLLOWING CONDITIONS:
   (I)  IF A CANDIDATE TEACHER IS MAKING ADEQUATE PROGRESS TOWARD MEETING
 THE REQUIREMENTS OF AN APPROVED  INSTRUCTIONAL  PROGRAM,  THE  CANDIDATE
 SHALL BE ELIGIBLE TO RECEIVE A CERTIFICATE AS A "CERTIFIED INTERN TEACH-
 ER" SO LONG AS THE CANDIDATE STAYS ENROLLED IN THE INSTRUCTIONAL PROGRAM
 AND  THE  APPLICANT  HAS  SPECIFIED  IN ITS APPLICATION WHAT CONSTITUTES
 "ADEQUATE PROGRESS" AS DEFINED BY THE DEPARTMENT FOR  PURPOSES  OF  THIS
 SUBPARAGRAPH.    A CERTIFIED INTERN TEACHER'S CERTIFICATE SHALL BE VALID
 FOR NO LONGER THAN SIX MONTHS FROM THE DATE IT IS GRANTED, PROVIDED THAT
 SUCH CERTIFICATE MAY BE  RENEWED  IF  THE  CANDIDATE  TEACHER  IS  STILL
 ENROLLED  IN  THE INSTRUCTIONAL PROGRAM. TO RECEIVE SUCH CERTIFICATE, AN
 APPROVED APPLICANT SHALL SUBMIT THE  NAMES  OF  CANDIDATE  TEACHERS  WHO
 QUALIFY  TO  THE  AUTHORIZER, WHEREUPON SUCH CANDIDATE TEACHERS SHALL BE
 ISSUED SUCH CERTIFICATE. THE APPLICANT SHALL CERTIFY AS TO THE TRUTHFUL-
 NESS OF SUCH SUBMISSION AND SHALL RETAIN ALL RESPONSIBILITY AND  LIABIL-
 ITY RESULTING FROM SUCH APPROVAL; OR
   (II)  IF  A  CANDIDATE TEACHER HAS MET THE REQUIREMENTS OF AN APPROVED
 INSTRUCTIONAL PROGRAM IN ONE OR MORE OF THE TITLES DESIGNATED IN  SUBDI-
 VISION  FOUR  OF  THIS  SECTION SHALL BE ELIGIBLE TO RECEIVE A TEACHER'S
 CERTIFICATE FOR SUCH TITLE OR TITLES. TO RECEIVE SUCH  CERTIFICATE,  THE
 CANDIDATE  TEACHER  SHALL  SUBMIT  DOCUMENTATION  THEREOF TO AN APPROVED
 APPLICANT, WHICH SHALL APPROVE OR DENY THE TEACHER CANDIDATE FOR CERTIF-
 ICATION WITHIN SIXTY DAYS OF  SUBMISSION.  SUCH  DETERMINATION  WILL  BE
 BASED ON:
   (A)  A REVIEW OF SUBMITTED DOCUMENTATION DEMONSTRATING THAT THE CANDI-
 DATE TEACHER HAS COMPLETED AN APPROVED  INSTRUCTIONAL  PROGRAM  FOR  THE
 TITLE OR TITLES SOUGHT;
   (B) A REVIEW OF THE RESULTS OF A CRIMINAL HISTORY RECORD SEARCH OF THE
 CANDIDATE  TEACHER  PERFORMED  BY  THE DEPARTMENT AT THE DIRECTION OF AN
 EDUCATION CORPORATION AS REQUIRED UNDER PARAGRAPH (A-2)  OF  SUBDIVISION
 THREE  OF  SECTION  TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER. FOR
 PURPOSES OF THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL  MEAN
 A  RECORD  OF ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES
 MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
 AND THE FEDERAL BUREAU OF INVESTIGATION; AND
   (C) A RECOMMENDATION FROM THE APPROVED INSTRUCTIONAL PROGRAM  CERTIFY-
 ING  THAT  THE  CANDIDATE  TEACHER  HAS  SATISFACTORILY DEMONSTRATED THE
 COMPETENCIES REQUIRED BY THE INSTRUCTIONAL PROGRAM. FOR CANDIDATE TEACH-
 ERS SEEKING CERTIFICATION AS A STUDENTS WITH DISABILITIES TEACHER OR  AN
 ENGLISH  FOR  SPEAKERS  OF  OTHER LANGUAGES TEACHER, SUCH RECOMMENDATION
 WILL SPECIFICALLY CERTIFY THAT THE CANDIDATE TEACHER HAS  SATISFACTORILY
 DEMONSTRATED  THE  COMPETENCIES REQUIRED BY THE INSTRUCTIONAL PROGRAM TO
 S. 4101                            11

 TEACH STUDENTS WITH DISABILITIES OR STUDENTS WHO  ARE  ENGLISH  LANGUAGE
 LEARNERS, RESPECTIVELY.
   B.  THE  APPROVED  APPLICANT  SHALL  SUBMIT  THE  NAMES AND SUPPORTING
 DOCUMENTATION OF ALL CANDIDATE  TEACHERS  APPROVED  TO  THE  APPLICANT'S
 CHARTER  AUTHORIZER,  WHEREUPON  SUCH  CANDIDATE TEACHERS WILL BE ISSUED
 SUCH CERTIFICATE. THE APPLICANT SHALL CERTIFY AS TO THE VALIDITY OF SUCH
 APPROVAL FOR CERTIFICATION UNDER THIS SUBDIVISION AND SHALL  RETAIN  ALL
 RESPONSIBILITY AND LIABILITY RESULTING FROM SUCH APPROVAL.
   C.  NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A TEACHER HOLDING
 A VALID TEACHING CERTIFICATE IN GOOD STANDING ISSUED  BY  ANOTHER  STATE
 THAT  SUBSTANTIALLY COMPLIES WITH ALL OTHER REQUIREMENTS OF THIS SECTION
 SHALL BE ELIGIBLE TO RECEIVE A TEACHER'S CERTIFICATE  PURSUANT  TO  THIS
 SECTION WITHOUT PARTICIPATION IN AN APPROVED INSTRUCTIONAL PROGRAM.
   D. THE CERTIFICATION CREATED BY THIS SECTION SHALL BE TRANSFERRABLE TO
 ANOTHER  EDUCATION CORPORATION OR DISTRICT SCHOOL EVEN IF THE TRANSFEREE
 SCHOOL DOES NOT HAVE AN APPROVED INSTRUCTIONAL PROGRAM.
   E. A TEACHER'S CERTIFICATE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL
 EXPIRE THREE YEARS FROM THE DATE IT IS GRANTED. IN THE CASE OF A TEACHER
 WHO  OBTAINS AN INTERN TEACHER'S CERTIFICATE PRIOR TO OBTAINING A TEACH-
 ER'S CERTIFICATE, THE PERIOD OF TIME TEACHING UNDER THE INTERN TEACHER'S
 CERTIFICATE PRIOR TO OBTAINING A FULL  TEACHER'S  CERTIFICATE  SHALL  BE
 INCLUDED FOR PURPOSES OF CALCULATING THE THREE-YEAR PERIOD. SUCH CERTIF-
 ICATION MAY BE RENEWED AND REMAIN VALID PROVIDED THAT:
   (I)  THE  TEACHER  IS  EMPLOYED BY A CHARTER SCHOOL ISSUED PURSUANT TO
 ARTICLE FIFTY-SIX OF THIS CHAPTER OR A DISTRICT SCHOOL; AND
   (II) THE EMPLOYING EDUCATION CORPORATION SUBMITS TO ITS AUTHORIZER, OR
 IN THE CASE OF A DISTRICT SCHOOL ITS LOCAL EDUCATION AGENCY, A RECOMMEN-
 DATION FOR CERTIFICATION RENEWAL BASED ON ITS REVIEW  OF  THE  TEACHER'S
 PERFORMANCE  OVER  THE  COURSE OF HIS OR HER EMPLOYMENT AT THE EDUCATION
 CORPORATION OR DISTRICT SCHOOL.
   F. AN APPLICANT SHALL OBTAIN A SIGNED AFFIRMATION FROM EACH  CANDIDATE
 ACKNOWLEDGING  THAT THE CANDIDATE HAS BEEN INFORMED BY THE APPLICANT AND
 IS AWARE THAT THE CERTIFICATION THE CANDIDATE WILL RECEIVE  PURSUANT  TO
 THIS  SECTION IS NOT TRANSFERRABLE TO ANY EDUCATION CORPORATION OR CHAR-
 TER SCHOOL NOT AUTHORIZED BY AN AUTHORIZED NEW YORK CHARTER ENTITY OR IN
 THE CASE OF A DISTRICT SCHOOL APPROVED FOR TRANSFER BY ITS LOCAL  EDUCA-
 TION AGENCY. SUCH EXECUTED AFFIRMATION SHALL BE OBTAINED UPON ENROLLMENT
 IN AN APPROVED INSTRUCTIONAL PROGRAM AND SHALL BE RETAINED BY THE APPLI-
 CANT FOR A PERIOD OF NOT LESS THAN TEN YEARS FROM THE DATE OF THE LATEST
 CERTIFICATE ISSUANCE.
   7.  ACCOUNTING.  EACH APPLICANT WITH AN APPROVED INSTRUCTIONAL PROGRAM
 SHALL REFLECT THE BUDGETED COSTS FOR THE INSTRUCTIONAL PROGRAM SEPARATE-
 LY IN ITS ANNUAL BUDGET, AND SPECIFICALLY ACCOUNT FOR THE COSTS  THEREOF
 IN  ITS  FINANCIAL  STATEMENTS. APPLICANTS SHALL NOT CHARGE EMPLOYEES OR
 OTHERS FOR ACCESS TO THEIR INSTRUCTIONAL PROGRAMS.
   8. ACCOUNTABILITY AND REVOCATION. A. EACH APPLICANT SHALL BE  ACCOUNT-
 ABLE  FOR THE QUALITY OF ITS INSTRUCTIONAL PROGRAMS LEADING TO EXEMPTION
 FROM  CERTIFICATION.  CHARTER  ENTITIES  AND  LOCAL  EDUCATION  AGENCIES
 RESERVE  THE  RIGHT  TO  INDEPENDENTLY  ASSESS  AND MONITOR ALL APPROVED
 INSTRUCTIONAL PROGRAMS AND MAY REVOKE APPROVAL AT ANY TIME.  FAILURE  TO
 COMPLY  WITH  ANY  PROVISION OF THIS SECTION MAY RESULT IN REVOCATION OF
 THE APPROVAL.
   B. NOTICE OF INTENT TO REVOKE APPROVAL SHALL BE PROVIDED TO THE APPLI-
 CANT AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE  OF  THE  PROPOSED
 REVOCATION.  SUCH  NOTICE  SHALL  INCLUDE A STATEMENT OF REASONS FOR THE
 PROPOSED REVOCATION. A SCHOOL CLOSURE  FOR  ACADEMIC  REASONS  SHALL  BE
 S. 4101                            12
 
 DEEMED NOTICE OF INTENT TO REVIEW AND POSSIBLY REVOKE THE APPROVAL OF AN
 INSTRUCTIONAL PROGRAM.
   C.  IF APPLICABLE, THE APPLICANT SHALL BE ALLOWED AT LEAST THIRTY DAYS
 TO CORRECT THE PROBLEMS ASSOCIATED WITH THE  PROPOSED  REVOCATION.  NON-
 CURABLE  CAUSES  OF  REVOCATION  INCLUDE, BUT ARE NOT LIMITED TO, FRAUD,
 CREATION OF FALSE BUSINESS RECORDS AND OBSTRUCTION OF  INVESTIGATION  OR
 MONITORING  BY  THE  APPLICANT'S  AUTHORIZER. PRIOR TO REVOCATION OF THE
 APPROVAL, AN APPLICANT SHALL BE PROVIDED AN OPPORTUNITY TO BE  HEARD  BY
 THE  APPLICANT'S  AUTHORIZER,  CONSISTENT  WITH  THE REQUIREMENTS OF DUE
 PROCESS. THERE SHALL BE NO APPEAL OF SUCH DETERMINATION TO THE COMMITTEE
 OR THE BOARD OF TRUSTEES EXCEPT IN ACCORDANCE  WITH  SUBDIVISION  ELEVEN
 OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER.
   §  3004-E.  RECORD  KEEPING  REQUIREMENTS.  1. RECORDS AND INFORMATION
 REGARDING AN APPLICANT'S INSTRUCTIONAL PROGRAM PURSUANT TO SECTION THREE
 THOUSAND FOUR-D OF THIS ARTICLE SHALL BE MAINTAINED  BY  THE  APPLICANT.
 UPON REQUEST BY THE APPLICANT'S AUTHORIZER, SUCH RECORDS AND INFORMATION
 SHALL  BE  AVAILABLE  FOR  INSPECTION,  OR FOR DELIVERY OF COPIES TO THE
 APPLICANT'S AUTHORIZER. THE APPLICANT SHALL ALSO  GRANT  ITS  AUTHORIZER
 ACCESS  TO  ANY  ELECTRONIC  DATABASES  WHERE RECORDS OR INFORMATION ARE
 STORED REGARDLESS OF WHETHER THE APPLICANT  IS  THE  CUSTODIAN  OF  SUCH
 INFORMATION.
   2. SUCH RECORDS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A. CANDIDATE RECORDS INCLUDING, BUT NOT LIMITED TO:
   (I) CLOCK HOUR ATTENDANCE;
   (II) CLOCK HOUR INSTRUCTORS;
   (III) STUDENT TEACHING DATES AND CLASSES;
   (IV) STUDENT TEACHING CLOCK HOUR ACCUMULATION;
   (V) STUDENT TEACHING INSTRUCTORS;
   (VI) WORKSHOP ATTENDANCE RECORDS;
   (VII) RECORDS REFLECTING THE NUMBER OF YEARS OF TEACHING EXPERIENCE;
   (VIII) COLLEGE TRANSCRIPTS;
   (IX)  RECORDS  REFLECTING  WHETHER  A  CANDIDATE  IS  MAKING  ADEQUATE
 PROGRESS IN THE INSTRUCTIONAL PROGRAM PURSUANT TO SECTION THREE THOUSAND
 FOUR-D OF THIS ARTICLE; AND
   (X) THE DATE OF COMPLETION OF THE INSTRUCTIONAL PROGRAM AND THE  TITLE
 OF CERTIFICATION EARNED;
   B. INSTRUCTOR QUALIFICATION RECORDS INCLUDING, BUT NOT LIMITED TO:
   (I) COLLEGE TRANSCRIPTS;
   (II) RECORDS REFLECTING THE NUMBER OF YEARS OF TEACHING EXPERIENCE;
   (III) TEACHER CERTIFICATION RECORDS; AND
   (IV) CERTIFICATION RECORDS; AND
   C.  RECORDS  REGARDING  INSTITUTIONS  OF  HIGHER EDUCATION AND OUTSIDE
 VENDORS USED AS PART OF THE INSTRUCTIONAL PROGRAM  PURSUANT  TO  SECTION
 THREE  THOUSAND  FOUR-D  OF  THIS ARTICLE INCLUDING, BUT NOT LIMITED TO,
 CONTRACTS AND FINANCIAL RECORDS.
   3. EACH APPLICANT SHALL PROVIDE  TEACHERS  AND  FORMER  TEACHERS  WITH
 COPIES  OF ANY CERTIFICATION RECORDS PURSUANT TO THIS SECTION, AND AT NO
 MORE THAN THE COST SET FORTH IN THE STATE FREEDOM OF INFORMATION LAW.
   4. AN APPLICANT SHALL STORE CERTIFICATION RECORDS FOR A MINIMUM OF TEN
 YEARS.
   § 3004-F. ADDITIONAL PROVISIONS REGARDING INSTRUCTIONAL  PROGRAMS.  1.
 LIMITATIONS  AND  CONDITIONS.  SECTIONS  THREE THOUSAND FOUR-D AND THREE
 THOUSAND FOUR-E OF THIS  ARTICLE  SHALL  NOT  AFFECT  ANY  CERTIFICATION
 APPROVED  BY THE DEPARTMENT NOR SHALL IT WAIVE ANY CONDITIONS IMPOSED ON
 HOLDERS OF SUCH TEACHER CERTIFICATIONS. ALL TEACHERS IN EDUCATION CORPO-
 RATIONS SHALL CONTINUE TO COMPLY WITH THE  CONDITIONS  IN  AN  EDUCATION
 S. 4101                            13
 
 CORPORATION'S  CHARTER  AGREEMENT AND ANY CONDITIONS IMPOSED BY SECTIONS
 THREE THOUSAND FOUR-D AND THREE THOUSAND FOUR-E OF THIS ARTICLE, INCLUD-
 ING BUT NOT LIMITED TO THE CRIMINAL BACKGROUND CHECK REQUIREMENTS.
   2.  TEACHERS  OF RECORD. WHETHER OR NOT AN EDUCATION CORPORATION OPER-
 ATES AN INSTRUCTIONAL PROGRAM, WHEN THE APPLICANT'S  AUTHORIZER  REVIEWS
 TEACHER  CERTIFICATION,  THE AUTHORIZER WILL CONTINUE TO USE THE CONCEPT
 OF A TEACHER OF RECORD FOR A CLASSROOM OF STUDENTS. BY WHATEVER NAME, IF
 ONE INSTRUCTIONAL LEADER OF A CLASSROOM IS PROPERLY CERTIFIED OR  EXEMPT
 FROM  CERTIFICATION UNDER SECTION THREE THOUSAND FOUR-D OF THIS ARTICLE,
 THE OTHER TEACHERS OR ADULTS IN THE CLASSROOM, HOWEVER  DESIGNATED,  ARE
 NOT  ALSO  REQUIRED TO BE CERTIFIED OR EXEMPT FROM CERTIFICATION FOR THE
 SAME GROUP OF STUDENTS.
   3. NON-MATERIAL REVISION. THE APPROVAL, REVOCATION OR VOLUNTARY CESSA-
 TION OF AN INSTRUCTIONAL PROGRAM SHALL NOT BE A MATERIAL REVISION TO THE
 CHARTER OF THE APPLICANT REQUIRING  FORMAL  REVISION  UNDER  SUBDIVISION
 SEVEN OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER.
   §  5.  Subsection  (i)  of  section  601  of the tax law is relettered
 subsection (j) and a new subsection (i) is added to read as follows:
   (I) TO INCREASE THE NUMBER OF MINORITY TEACHERS  SERVING  THE  STATE'S
 SIGNIFICANTLY  HIGH-NEED SCHOOLS, QUALIFYING INDIVIDUALS SHALL BE ELIGI-
 BLE FOR INCOME TAX EXEMPTION IN ACCORDANCE WITH THE FOLLOWING:
   (1) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A),  (B),  (C)  AND
 (D) OF THIS SECTION AND ANY OTHER PROVISION OF THIS ARTICLE, FOR TAXABLE
 YEARS  BEGINNING  AFTER  JANUARY  FIRST,  TWO  THOUSAND TWENTY-FOUR, ONE
 HUNDRED PERCENT OF THE GROSS INCOME SHALL BE EXEMPT FROM TAX UNDER  THIS
 ARTICLE  AS  WELL  AS  ALL  OTHER LOCAL TAXES REGARDLESS OF WHETHER SUCH
 INCOME IS SUBJECT TO FEDERAL INCOME TAXATION TO  EACH  RESIDENT  OF  THE
 STATE  WHO  HAS  QUALIFYING  SERVICE  IN  THE TAXABLE YEAR FOR WHICH THE
 EXEMPTION IS CLAIMED.
   (2) FOR THE PURPOSES OF THIS SUBSECTION,  "QUALIFYING  SERVICE"  SHALL
 MEAN A SERVICE PROVIDED BY A PERSON WHO:
   (A) IS CERTIFIED AS A TEACHER;
   (B)  IS EMPLOYED FULL TIME IN THIS STATE IN AN ELEMENTARY OR SECONDARY
 SCHOOL THAT HAS BEEN DESIGNATED AS A "SIGNIFICANTLY  HIGH-NEED  SCHOOL",
 AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE EDUCATION LAW;
   (C) COMPLIED WITH SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF
 THE EDUCATION LAW; AND
   (D)    MEETS THE ETHNIC DEFINITION OF MINORITY GROUP MEMBER AS DEFINED
 IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   § 6. Severability.  If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.