NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2241
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the education law, in relation to charter school
locations in New York city
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require full compliance with ULURP before a charter
school can be located in New York City-owned space, including public
schools.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends Education Law section 2853, subdivision
3, paragraph a, by adding new language that requires full compliance
with ULURP before a charter school can be located in New York City owned
space, including public schools. Section 2 of the bill is the effective
date.
JUSTIFICATION:
Under the New York City Uniform Land Use Review Procedure (ULURP), when
city-owned properties are to be sold, transferred, or leased ULURP
review is required. The ULURP process includes a specific timeline,
review by a community board and approval, by the City Council.
Under current law New York City public school buildings are excluded
from the ULURP process. This bill would require the ULURP process to be
applied before changes regarding charter schools are made that affect
New York City public school buildings or other city-owned properties. It
would not preclude charter schools from using, leasing or purchasing
Department of Education or other city-owned property, but would allow
parents, the community board and the City Council their proper role in
reviewing and approving these changes to the use of city property.
PRIOR LEGISLATIVE HISTORY:
A.4387/5642 (2021-2022);
A. 9035/5045 (2019-2020);
A.4758/93648 (2017-2018)
A.4134/9.1561 (2015-2016);
A.3150/9.2629 (2013- 2014);
A.5222/9.1155 (2011-2012);
A.9845/9.7192(2010).
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2241
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to charter school
locations in New York city
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 3 of section 2853 of the
2 education law, as amended by chapter 101 of the laws of 2010, is amended
3 to read as follows:
4 (a) A charter school may be located in part of an existing public
5 school building, in space provided on a private work site, in a public
6 building or in any other suitable location. Provided, however, before a
7 charter school may be located in part of an existing public school
8 building, the charter entity shall provide notice to the parents or
9 guardians of the students then enrolled in the existing school building
10 and shall hold a public hearing for purposes of discussing the location
11 of the charter school. A charter school may own, lease or rent its
12 space. Provided further, however, that before a charter school may be
13 located in part of an existing school building in the city of New York,
14 or in any other real property of the city of New York, there shall be
15 full compliance with the provisions of section one hundred ninety-sev-
16 en-c of the New York city charter, relating to uniform land use review
17 procedure, or the provisions of any other local law of the city of New
18 York relating thereto.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03392-01-3
