S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5050

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 27, 2009
                                      ___________

       Introduced  by  Sen.  SMITH  -- 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 incorporation of char-
         ter schools

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Paragraph  (a)  of  subdivision  1 of section 2853 of the
    2  education law, as added by chapter 4 of the laws of 1998, is amended  to
    3  read as follows:
    4    (a)  Upon the approval of a charter by the board of regents, the board
    5  of regents shall incorporate the charter school as an  education  corpo-
    6  ration  for  a  term  not  to  exceed five years IN WHICH INSTRUCTION IS
    7  PROVIDED TO PUPILS.  Such certificate of incorporation shall not  modify
    8  or limit any terms of the charter approved by the board of regents. Upon
    9  approval  of  an  application  to  renew a charter, the board of regents
   10  shall extend the certificate of incorporation for a term not  to  exceed
   11  five  years.  Upon termination or nonrenewal of the charter of a charter
   12  school pursuant to section twenty-eight hundred fifty-five of this arti-
   13  cle, the certificate of incorporation of the  charter  school  shall  be
   14  revoked by the board of regents pursuant to section two hundred nineteen
   15  of  this  chapter,  provided that compliance with the notice and hearing
   16  requirements of such section twenty-eight  hundred  fifty-five  of  this
   17  article  shall  be deemed to satisfy the notice and hearing requirements
   18  of such section two hundred nineteen. It shall be the duty of the  trus-
   19  tees  of the charter school to obtain federal tax-exempt status no later
   20  than one year following approval of a charter school  by  the  board  of
   21  regents.  For  purposes  of this article, "certificate of incorporation"
   22  shall mean the provisional charter issued by the  board  of  regents  to
   23  form  the  charter  school  as  an  educational  corporation pursuant to
   24  sections two hundred sixteen and two hundred seventeen of this chapter.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06201-02-9
       S. 5050                             2

    1    S 2. Paragraph (p) of subdivision 2 of section 2851 of  the  education
    2  law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
    3  follows:
    4    (p)  The  term  of  the  proposed charter, which shall not exceed five
    5  years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS.
    6    S 3. This act shall take effect on the ninetieth day  after  it  shall
    7  have become a law.