STATE OF NEW YORK ________________________________________________________________________ 4833 2025-2026 Regular Sessions IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. O'PHARROW -- 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 (d) and (e) of subdivision 2 of section 2852 of 2 the education law, as amended by section 4-a of part A of chapter 56 of 3 the laws of 2023, are amended and a new paragraph (f) is added to read 4 as follows: 5 (d) in a school district where the total enrollment of resident 6 students attending charter schools in the base year is greater than five 7 percent of the total public school enrollment of the school district in 8 the base year (i) granting the application would have a significant 9 educational benefit to the students expected to attend the proposed 10 charter school or (ii) the school district in which the charter school 11 will be located consents to such application; [and] 12 (e) for applicants for an initial charter pursuant to paragraph (b-1) 13 of subdivision nine of this section in a school district located in a 14 city with a population of one million or more, the total enrollment of 15 students attending charter schools within the community district in 16 which the charter school will be located in the base year is less than 17 or equal to fifty-five percent of the total public school enrollment 18 attending within such community district in the base year[.]; and 19 (f) a state monitor or fiscal monitor is not operating in such school 20 district. 21 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08802-01-5