BILL NUMBER: S527
SPONSOR: MAYER
 
PURPOSE:
The bill limits a charter school grade level expansion to only those
grade levels included in the type of school, such as an elementary
school, intermediate school, middle school, junior high school or high
school authorized in the existing charter.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new paragraph c to subsection 7 of section 2852 of the
education law to stipulate that charter authorizers cannot approve char-
ter revision requests submitted after June 1, 2023 to expand the grade
levels served by a charter school that would expand beyond the charter
school's current grade configurations.
Section 2 establishes the effective date.
 
JUSTIFICATION:
Under current law, previously authorized charter schools may apply to
revise their charter to serve additional grade levels. A charter
originally approved as a K through 5 school, can become a K through 12
school. Charter schools do not have to serve new grade levels in the
same location -- they can operate in multiple buildings, functionally
operating multiple schools all under the same charter. This loophole in
the law has allowed for significant expansion of the charter sector,
without impacting the statutory cap on the number of charter schools in
New York City or statewide.
This legislation closes this loophole -- limiting charter expansion to
grade levels included in the application's school classification, i.e.
elementary, intermediate, middle school, junior high school, or high
school, as defined by regulations of the Commissioner. Each grade added
increases the financial burden on public schools, and in New York City,
the burden of co-location. Charter organizations should be required to
apply for a new charter in order to serve grades beyond the school clas-
sification they originally applied under.
 
PRIOR LEGISLATIVE HISTORY:
2023/24: S2974(Mayer)/A6561 (Benedetto) - - referred to Education
2021/22: S676(Mayer)/no assembly same-as - referred to Education
2019/20: S5950(Mayer)/ A8029(Benedetto) - referred to Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S527: 2852 education law, 2852(7) education law