Establishes a moratorium on charter school applications in the counties of Nassau and Suffolk and suspends the granting of charters for a two year period commencing July 31, 2009 through July 31, 2011; allows the local legislative body to enact legislation for the removal of such moratorium; further provides for the repeal of such provisions on July 31, 2011.
STATE OF NEW YORK
________________________________________________________________________
3277
2009-2010 Regular Sessions
IN ASSEMBLY
January 23, 2009
___________
Introduced by M. of A. EDDINGTON -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to suspending the grant-
ing of charters and establishing a moratorium on charter school appli-
cations in the counties of Nassau and Suffolk; and providing for the
repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Moratorium imposed on charter school applications in the
2 counties of Nassau and Suffolk. Notwithstanding any other provision of
3 law, on and after July 31, 2009, no application to establish a charter
4 school in the counties of Nassau and Suffolk shall be accepted or acted
5 upon by a charter granting entity. The purpose of this moratorium is to
6 suspend the charter school application process in such counties. The
7 moratorium shall not affect any proposed charter school in such counties
8 that has been granted a charter and has not commenced classes prior to
9 the school calendar year commencing September, 2009. The moratorium in
10 such counties shall continue in existence until July 31, 2011, or until
11 the local legislative body determines, through legislative action, that
12 the demands for charter schools warrant the removal of such moratorium.
13 § 2. Section 2851 of the education law is amended by adding a new
14 subdivision 1-a to read as follows:
15 1-a. Notwithstanding any other provision of this article, on and after
16 July thirty-first, two thousand nine, no application to establish a
17 charter school in the counties of Nassau and Suffolk shall be accepted
18 or acted upon by a charter granting entity. The moratorium shall not
19 affect any proposed charter school in such counties that has been grant-
20 ed a charter and has not commenced classes prior to the school calendar
21 year commencing September, two thousand nine. The moratorium in such
22 counties shall continue in existence until July thirty-first, two thou-
23 sand eleven, or until the local legislative body determines, through
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04612-01-9
A. 3277 2
1 legislative action, that the demands for charter schools warrant the
2 removal of such moratorium.
3 § 3. This act shall take effect July 31, 2009 and shall expire July
4 31, 2011 when upon such date the provisions of this act shall be deemed
5 repealed.