Bill Text: NY S01618 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to agreements for the administration, management or operation of charter schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S01618 Detail]

Download: New_York-2023-S01618-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1618

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by  Sen. ADDABBO -- 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  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:

     1    Section 1. Subdivision 5 of section 2852  of  the  education  law,  as
     2  amended  by  chapter  101  of  the  laws  of 2010, is amended to read as
     3  follows:
     4    5. Upon approval of an application by a charter entity, the  applicant
     5  and  charter  entity  shall enter into a proposed agreement allowing the
     6  applicants to organize and operate a charter school. Such written agree-
     7  ment, known as the charter, shall include (a) the  information  required
     8  by  subdivision  two  of  section twenty-eight hundred fifty-one of this
     9  article, as modified or supplemented during the approval process, (b) in
    10  the case of charters to be issued pursuant to subdivision nine-a of this
    11  section, information required  by  such  subdivision,  (c)  a  provision
    12  prohibiting the charter school from entering into, renewing or extending
    13  any  agreement  with  a  for-profit or not-for-profit corporate or other
    14  business entity for the administration, management or operation  of  the
    15  charter  school  unless  the  agreement  requires such entity to provide
    16  state and local officers having the power to audit  the  charter  school
    17  pursuant to this article with access to the entity's records relating to
    18  the  costs  of, and fees for, providing such services to the school, (d)
    19  any other terms or conditions required by  applicable  laws,  rules  and
    20  regulations, and [(d)] (e) any other terms or conditions, not inconsist-
    21  ent  with  law,  agreed upon by the applicant and the charter entity. In
    22  addition, the charter shall include  the  specific  commitments  of  the
    23  charter  entity relating to its obligations to oversee and supervise the
    24  charter school. Within five days after entering into a proposed charter,
    25  the charter entity other than the board of regents shall submit  to  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04467-01-3
        S. 1618                             2

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