Provides that charter school applicants shall first apply to the community district education council or the board of education of the school district for approval for renewal of a charter within a certain amount of time and public hearings shall be conducted on such proposed application.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10729A
SPONSOR: Ramos TITLE OF BILL:
An act to amend the education law, in relation to approval of applica-
tions of charter schools
PURPOSE OF BILL:
To include local school districts and the public in the approval process
for the issuance of new charter schools.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivisions 3 and 4 of section 2851 of the education
law, subdivision 3 as amended and paragraph (e) of subdivision 4 as
added by chapter 101 of the laws of 2010 and subdivision 4 as added by
chapter 4 of the laws of 1998. This section requires charter school
applicants to obtain local approval before submission to a charter enti-
ty. In cities with a population of one million or more, applicants must
secure approval from the community district education council (CDEC); in
all other districts, approval must be obtained through a public vote of
the school district. These requirements also apply to charter renewals,
which must include specified academic, financial, and enrollment infor-
mation. Charter entities are prohibited from acting on applications or
renewals without documented local approval.
Section two amends subdivisions 1, 3 and 7 of section 2852 of the educa-
tion law, subdivision 1 as amended by chapter 101 of the laws of 2010,
subdivision 3 as added by chapter 4 of the laws of 1998 and subdivision
7 as amended by section 2 of part D-2 of chapter 57 of the laws of 2007.
This section requires charter entities to act only on applications that
have been approved by a CDEC or by district voters, including any
modifications or supplements to such applications. It also requires
local approval for charter revisions and relocations, and establishes
additional requirements for relocations, including notice, fiscal impact
analysis, and public hearings.
Section three establishes an effective date.
JUSTIFICATION:
Current law establishes a process for the approval of charter schools
within public school districts; however, despite receiving public fund-
ing, there is no requirement that the communities most directly impacted
have a formal opportunity to weigh in on whether a charter school should
open, expand, or continue operating in their district. As a result,
local school districts may experience significant fiscal and programmat-
ic impacts without meaningful public input.
This lack of local voice is increasingly concerning within the broader
dynamics of charter school growth in New York. With the statutory cap on
charter schools reached in New York City, charter operators have turned
to suburban districts for expansion. The impact of this expansion is
particularly significant in districts serving high concentrations of
students of color, English language learners and students from low-in-
come backgrounds. School districts are required to provide a full
continuum of services, regardless of enrollment changes. Unplanned
enrollment shifts can strain district budgets and limit the ability of
districts to sustain staffing levels and programming for remaining
students. Charter expansion without full community input risks exacer-
bating existing inequities by diverting funding from district schools,
destabilizing enrollment, and concentrating higher-need students in the
school district.
This legislation requires approval from community district education
councils in New York City or from a public vote elsewhere before a char-
ter school may be authorized or renewed. It also establishes clear and
consistent timelines for acting on charter applications, enabling school
districts to better anticipate and plan for budgetary and enrollment
impacts.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
