STATE OF NEW YORK ________________________________________________________________________ 1986 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to disallowing an appli- cation for a charter school to be approved if a school district is under the supervision of a state monitor or fiscal monitor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (c) and (d) of subdivision 2 of section 2852 of 2 the education law, paragraph (c) as amended and paragraph (d) as added 3 by section 2 of part D2 of chapter 57 of the laws of 2007, are amended 4 to read as follows: 5 (c) granting the application is likely to improve student learning and 6 achievement and materially further the purposes set out in subdivision 7 two of section twenty-eight hundred fifty of this article; [and] 8 (d) in a school district where the total enrollment of resident 9 students attending charter schools in the base year is greater than five 10 percent of the total public school enrollment of the school district in 11 the base year (i) granting the application would have a significant 12 educational benefit to the students expected to attend the proposed 13 charter school or (ii) the school district in which the charter school 14 will be located consents to such application; and 15 (e) a state monitor or fiscal monitor is not operating in such school 16 district. 17 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03008-01-3