New York A 3639: Provides basis for determining primary residency

Bill Text

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A03639 Summary:

BILL NOA03639 

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SAME ASNo Same As

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SPONSORKelles

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COSPNSR

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MLTSPNSR

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Amd §§2851 & 2852, Ed L

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Provides that charter school applicants shall first apply to the local board of education of the school district or the community district education council for approval or renewal of a charter.

Go to top A03639 Actions:

BILL NOA03639 

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01/28/2025referred to education

01/07/2026referred to education

Go to topA03639 Committee&nbspVotes:

Go to topA03639 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03639 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3639

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 29, 2025
 ___________

 Introduced by M. of A. KELLES -- read once and referred to the Committee
 on Education

 AN ACT to amend the education law, in relation to approval of applica-
 tions of charter schools

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 3 and 4 of section 2851 of the education law,
 2 subdivision 3 as amended and paragraph (e) of subdivision 4 as added by
 3 chapter 101 of the laws of 2010 and subdivision 4 as added by chapter 4
 4 of the laws of 1998, are amended to read as follows:
 5 3. An applicant shall submit the application to a charter entity for
 6 approval; provided, however, that such applicant shall first apply to
 7 the local board of education of the school district or the community
 8 district education council for approval. For purposes of this article, a
 9 charter entity shall be:
 10 (a) The board of education of a school district eligible for an appor-
 11 tionment of aid under subdivision four of section thirty-six hundred two
 12 of this chapter, provided that a board of education shall not approve an
 13 application for a school to be operated outside the school district's
 14 geographic boundaries and further provided that in a city having a popu-
 15 lation of one million or more, the chancellor of any such city school
 16 district shall be the charter entity established by this paragraph;
 17 (b) The board of trustees of the state university of New York; or
 18 (c) The board of regents.
 19 The board of regents shall be the only entity authorized to issue a
 20 charter pursuant to this article. Notwithstanding any provision of this
 21 subdivision to the contrary, an application for the conversion of an
 22 existing public school to a charter school shall be submitted to, and
 23 may only be approved by, the charter entity set forth in paragraph (a)
 24 of this subdivision. Notwithstanding any law, rule or regulation to the
 25 contrary, any such application for conversion shall be consistent with

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07020-01-5

 A. 3639 2

 1 this section [but shall not be subject to the process pursuant to subdi-
 2 vision nine-a of section twenty-eight hundred fifty-two of this arti-
 3 cle], and the charter entity shall require that the parents or guardians
 4 of a majority of the students then enrolled in the existing public
 5 school vote in favor of converting the school to a charter school.
 6 4. Charters may be renewed, upon application, for a term of up to five
 7 years in accordance with the provisions of this article for the issuance
 8 of such charters pursuant to section twenty-eight hundred fifty-two of
 9 this article; provided, however, that a charter school application for
 10 renewal shall first apply to the local board of education of the school
 11 district or the community district education council for approval. A
 12 renewal application shall include:
 13 (a) A report of the progress of the charter school in achieving the
 14 educational objectives set forth in the charter.
 15 (b) A detailed financial statement that discloses the cost of adminis-
 16 tration, instruction and other spending categories for the charter
 17 school that will allow a comparison of such costs to other schools, both
 18 public and private. Such statement shall be in a form prescribed by the
 19 board of regents.
 20 (c) Copies of each of the annual reports of the charter school