Bill Text: NY S04933 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the appointment of an independent receiver upon the closing of a charter school to facilitate the transfer of public funds back to the appropriate school district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S04933 Detail]

Download: New_York-2019-S04933-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4933
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 29, 2019
                                       ___________
        Introduced  by  Sen.  LIU  --  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 the appointment of  an
          independent receiver upon the closing of a charter school
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new  section  2858
     2  to read as follows:
     3    §  2858.  Appointment  of  independent receiver. 1. A school district,
     4  upon receiving notice from a charter school  within  its  district  that
     5  such  charter  school  is  dissolving,  terminating,  or  closing, shall
     6  appoint an independent receiver, subject to the approval of the  commis-
     7  sioner,  to  perform  financial  audits  and  facilitate the transfer of
     8  public funds from such  charter  school  to  the  school  district.  The
     9  receiver  may  be  a  non-profit  entity, another school district, or an
    10  individual. If the school  district  fails  to  appoint  an  independent
    11  receiver  that  meets  the  commissioner's approval within sixty days of
    12  such determination, the commissioner shall appoint the receiver.
    13    2. The receiver shall be authorized to manage and operate the  charter
    14  school  and  shall  have  the power to supersede any decision, policy or
    15  regulation of the plans, co-location  decisions  and  transportation  of
    16  students.  A  school under receivership shall operate in accordance with
    17  laws regulating public schools, except as such provisions  may  conflict
    18  with this section.
    19    3.  The commissioner shall contract with the receiver, and the compen-
    20  sation and other costs of the receiver  appointed  by  the  commissioner
    21  shall  be  paid  from  a state appropriation for such purpose, or by the
    22  school district, as determined by the commissioner, provided that  costs
    23  shall  be  paid by the school district only if there is an open adminis-
    24  trative staffing line available for the receiver, and the receiver  will
    25  be  taking  on  the responsibilities of such open line.  Notwithstanding
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10811-01-9
        S. 4933                             2
     1  any other provision of law to the contrary, the receiver and any of  its
     2  employees  providing  services  in the receivership shall be entitled to
     3  defense and indemnification by the school district to the same extent as
     4  a school district employee. The receiver's contract may be terminated by
     5  the commissioner for a violation of law, the commissioner's regulations,
     6  or for neglect of duty.
     7    §  2. Subdivision 1 of section 2854 of the education law is amended by
     8  adding a new paragraph (c-1) to read as follows:
     9    (c-1) A charter school shall, within a reasonable time after  learning
    10  of  its  pending termination, dissolution, or closure, notify the school
    11  district within which the charter school is located of such termination,
    12  dissolution, or disclosure for purposes of complying with section  twen-
    13  ty-eight hundred fifty-eight of this article.
    14    §  3.  This  act  shall take effect on the sixtieth day after it shall
    15  have become a law. Effective immediately, the addition, amendment and/or
    16  repeal of any rule or regulation necessary  for  the  implementation  of
    17  this  act  on its effective date are authorized to be made and completed
    18  on or before such effective date.