Requires the appointment of an independent fiduciary upon the closing of a charter school to develop and implement the dissolution plan of such charter school, including the distribution of assets.
STATE OF NEW YORK
________________________________________________________________________
7237--B
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
___________
Introduced by M. of A. RYAN -- read once and referred to the Committee
on Education -- recommitted to the Committee on Education in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to the appointment of an
independent fiduciary upon the dissolution of a charter school
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2855 of the education law is amended by adding
2 three new subdivisions 2-a, 2-b and 2-c to read as follows:
3 2-a. (a) Within thirty days of a final decision, or as soon as practi-
4 cable thereafter, by a charter entity to revoke, to not renew, or to
5 acknowledge the expiration or surrender of a charter, the commissioner
6 may appoint an independent fiduciary to implement the dissolution plan
7 of such charter school, including the distribution of assets pursuant to
8 paragraph (t) of subdivision two of section twenty-eight hundred fifty-
9 one of this article, and shall notify the closing charter school, the
10 school district of location for the charter school and the school
11 districts of residence for the charter school in writing of the
12 appointed independent fiduciary responsible for overseeing the school's
13 dissolution and closure process.
14 (b) The independent fiduciary may be a non-profit entity, board of
15 cooperative educational services (BOCES), a school district other than
16 the school district of location for the charter school or a school
17 district of residence for pupils of such charter school, or an individ-
18 ual.
19 (c) The independent fiduciary shall contract with the charter school
20 and shall be compensated, and shall be reimbursed for reasonable and
21 necessary expenses incurred as determined by the commissioner. Such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10811-06-0
A. 7237--B 2
1 compensation and reimbursement shall be paid by the charter school. The
2 independent fiduciary shall be entitled to defense and indemnification
3 by the charter school to the same extent as a charter school employee.
4 The appointment of an independent fiduciary may be terminated by the
5 commissioner for a violation of law or the commissioner's regulations or
6 for breach of contract or neglect of duty as determined by the commis-
7 sioner. In the event that an independent fiduciary's appointment is
8 terminated by the commissioner, a replacement independent fiduciary
9 shall be appointed by the commissioner as soon as practicable following
10 the effective date of such termination.
11 2-b. Notwithstanding any other provision of law to the contrary, the
12 independent fiduciary shall have the power to review all existing
13 disbursements and to review, disallow, modify or approve all new
14 contracts and disbursements of the charter school subsequent to the date
15 of the fiduciary's appointment, the authority to prepare and file a
16 petition regarding the disposition of assets and/or a petition for
17 dissolution on behalf of the charter school's board of trustees, and may
18 supersede any decision or policy of the charter school that in the sole
19 judgment of the independent fiduciary conflicts with the school dissol-
20 ution plan. The independent fiduciary shall, within sixty days follow-
21 ing the formal dissolution of the charter school, submit a comprehensive
22 report to the commissioner including information pertaining to the
23 disposition of assets pursuant to section twenty-eight hundred fifty-one
24 of this article.
25 2-c. It shall be the duty of the charter school trustees and manage-
26 ment to fully cooperate with the independent fiduciary. The independent
27 fiduciary may visit, examine into and inspect any records of such school
28 under its oversight.
29 § 2. Paragraph h of subdivision 4 of section 1950 of the education law
30 is amended by adding a new subparagraph 13 to read as follows:
31 (13) To enter into contracts with individual charter schools to serve
32 as an independent fiduciary pursuant to section twenty-eight hundred
33 fifty-five of this chapter.
34 § 3. This act shall take effect on the sixtieth day after it shall
35 have become a law. Effective immediately, the addition, amendment and/or
36 repeal of any rule or regulation necessary for the implementation of
37 this act on its effective date are authorized to be made and completed
38 on or before such effective date.