NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8092
SPONSOR: Nolan (MS) TITLE OF BILL: An act to amend the education law, in relation to
agreements for the administration, management or operation of charter
schools
PURPOSE OR GENERAL IDEA OF BILL: The bill gives state and local offi-
cers who have the power to audit charter schools access to records of
Educational Management Organizations (EMOs)
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Education Law § 2852
to require charter schools that contract with Educational Management
Organizations (EMOs) to include in their contracts a provision that
requires such organizations to provide state and local officers having
the authority to audit charter schools access to the organizations'
records relating to the costs of and fees for providing services to the
school.
Section 2 provides that no charter school with a charter approved and
issued prior to the effective date of this bill shall renew or extend an
agreement with an EMO unless such agreement gives state and local offi-
cers having the authority to audit the charter schools access to the
EMO's records relating to the costs of and fees for providing services
to the school. Any agreement that violates this requirement shall be
deemed null, void and unenforceable and shall constitute grounds for
revocation or termination of the charter.
Section 3 is the effective date.
JUSTIFICATION: Transparency and accountability about public funding
are fundamental to government in New York. Charter schools are now
subject to state and local oversight. Such transparency and accountabil-
ity should also apply to the EMOs with which charter schools contract
for administration, management operations services. This legislation,
therefore, requires charter schools that contract with EMOs to include
in their contracts a provision that requires such organizations to
provide the state and local officers with authority to audit charter
schools access to records detailing the use of public funds. Both char-
ter schools that contract with EMOs and those that do not will be
subject to the same oversight.
PRIOR LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately.
