Bill Text: NY S07039 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes the transfer of a charter for charter schools designed to serve students with special needs, defined as a school which has at least fifty percent of its student population enrolled with an individualized education plan; provides that the obligations of the previous charter entity to oversee and supervise such school shall terminate upon the transfer of authorization of such charter school to a new charter entity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-25 - REFERRED TO EDUCATION [S07039 Detail]

Download: New_York-2021-S07039-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7039

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 25, 2021
                                       ___________

        Introduced  by Sen. BENJAMIN -- 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 authorizing the trans-
          fer of a charter for charter schools designed to serve  students  with
          special needs

          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 2851  of  the  education  law,  as
     2  added  by  section  2  of  part  P of chapter 73 of the laws of 2016, is
     3  amended to read as follows:
     4    5. Notwithstanding any provision of law, rule  or  regulation  to  the
     5  contrary for a period of one year from the effective date of this subdi-
     6  vision, a charter school approved by a charter entity listed in subdivi-
     7  sion  three  of this section may apply at any time during this period to
     8  another charter entity, defined in paragraph (a), (b) or (c) of subdivi-
     9  sion three of this section to request such other charter entity to over-
    10  see and supervise such charter school. All  standards  and  requirements
    11  established  in  the  original  charter agreement shall remain in effect
    12  until the scheduled expiration of such charter  agreement  and  provided
    13  however  that  all obligations of the previous charter entity to oversee
    14  and supervise a charter school shall  terminate  upon  the  transfer  of
    15  authorization of such charter school to a new charter entity, as defined
    16  in  subdivision  five  of section twenty-eight hundred fifty-two of this
    17  article, and the previous charter entity shall provide in a timely fash-
    18  ion information relevant to the charter as requested by such other char-
    19  ter entity. A charter school that seeks to  change  its  charter  entity
    20  must  have  met  all other requirements of this article and cannot be in
    21  violation of any legal requirement, in probationary  status,  or  slated
    22  for  closure;  provided,  however,  a charter school that is designed to
    23  serve students with special needs, defined as  a  school  which  has  at
    24  least  fifty percent of its student population enrolled with an individ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11696-01-1
        S. 7039                             2

     1  ualized education plan, approved by a charter entity listed in  subdivi-
     2  sion three of this section, may apply to another charter entity, defined
     3  in  paragraph  (a),  (b)  or (c) of subdivision three of this section to
     4  oversee and supervise such school at any time and all the obligations of
     5  the  previous  charter entity to oversee and supervise such school shall
     6  terminate upon the transfer of authorization of such charter school to a
     7  new charter entity.
     8    § 2. This act shall take effect immediately.