S 10658

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10658
                             I N  S E N A T E
                               June 22, 2026
                                ___________
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to amend the education law, in relation to the approval of appli-
   cations of charter schools and to establishing the board of regents as
   the primary charter school vetting and oversight authority
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section  1. Subdivisions 3 and 4 of section 2851 of the education law,
 subdivision 3 as amended and paragraph (e) of subdivision 4 as added  by
 chapter  101 of the laws of 2010 and subdivision 4 as added by chapter 4
 of the laws of 1998, are amended to read as follows:
   3. An applicant shall submit the application to a charter  entity  for
 approval;  PROVIDED,  HOWEVER,  THAT  IN A CITY WITH ONE MILLION OR MORE
 INHABITANTS, SUCH APPLICANT SHALL FIRST APPLY TO THE COMMUNITY  DISTRICT
 EDUCATION  COUNCIL FOR APPROVAL WHERE SUCH CHARTER SCHOOL IS PROPOSED TO
 BE LOCATED BY FEBRUARY FIRST OF THE SCHOOL YEAR TWO SCHOOL  YEARS  PRIOR
 TO THE SCHOOL YEAR WHEN THE CHARTER SCHOOL IS PLANNING TO COMMENCE OPER-
 ATIONS.  SUCH  COMMUNITY DISTRICT EDUCATION COUNCIL SHALL CONDUCT PUBLIC
 HEARINGS ON SUCH PROPOSED APPLICATION AT THE REGULARLY  SCHEDULED  MARCH
 AND  APRIL  BOARD  MEETINGS,  WHERE RESIDENTS OF SUCH COMMUNITY DISTRICT
 SHALL HAVE THE OPPORTUNITY TO SPEAK IN PERSON OR VIA  ELECTRONIC  MEANS,
 OR  SUBMIT COMMENTS REGARDING THE CONSIDERATION OF SUCH APPLICATION. THE
 COMMUNITY DISTRICT EDUCATION COUNCIL SHALL DENY OR CERTIFY SUCH APPLICA-
 TION AT THE REGULARLY SCHEDULED MAY MEETING.   AN APPLICATION  SHALL  BE
 DEEMED  CERTIFIED FOR TRANSMISSION TO AND CONSIDERATION BY THE APPROPRI-
 ATE CHARTER ENTITY IF THERE IS A MAJORITY VOTE IN FAVOR OF THE  APPLICA-
 TION  OF THE MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL PRESENT
 AT A MEETING AT WHICH THERE IS A QUORUM PRESENT. WITHIN  SEVEN  DAYS  OF
 DENYING  OR  CERTIFYING  AN APPLICATION FOR A NEW CHARTER, THE COMMUNITY
 DISTRICT EDUCATION COUNCIL  SHALL  FORWARD  NOTICE  OF  SUCH  DENIAL  OR
 CERTIFICATION  TO THE DEPARTMENT, THE NEW YORK CITY DEPARTMENT OF EDUCA-
 TION, AND THE BOARD OF REGENTS ALONG WITH A FORM TO BE DEVELOPED BY  THE
 COMMISSIONER  WHICH STATES THAT THE COMMUNITY DISTRICT EDUCATION COUNCIL
 HAS ACTED TO DENY OR CERTIFY SUCH APPLICATION FOR A  NEW  CHARTER.  SUCH
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16086-01-6
 S. 10658                            2
 NOTICE  SHALL  INCLUDE  FACTUAL  FINDINGS,  SPECIFIC TO THE APPLICATION,
 STATING THE REASONS FOR SUCH DENIAL OR CERTIFICATION.    NOTWITHSTANDING
 ANY PROVISION OF LAW TO THE CONTRARY, THE DENIAL OF AN APPLICATION SHALL
 BE CONSIDERED FINAL AND SHALL NOT BE ELIGIBLE FOR RECONSIDERATION BY ANY
 OTHER  CHARTER  ENTITY. A CHARTER ENTITY SHALL NOT ACT ON AN APPLICATION
 FOR A NEW CHARTER UNLESS THE VOTE OF THE  COMMUNITY  DISTRICT  EDUCATION
 COUNCIL WHERE THE CHARTER SCHOOL IS PROPOSED TO BE LOCATED HAS CERTIFIED
 SUCH CHARTER APPLICATION.  FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A
 CITY  WITH  A  POPULATION  OF  ONE MILLION OR MORE, SUCH APPLICANT SHALL
 FIRST SUBMIT THEIR FULL APPLICATION TO THE BOARD  OF  EDUCATION  OF  THE
 SCHOOL  DISTRICT  WHERE  THE CHARTER SCHOOL IS PROPOSED TO BE LOCATED BY
 FEBRUARY FIRST OF THE SCHOOL YEAR TWO SCHOOL YEARS PRIOR TO  THE  SCHOOL
 YEAR  WHEN  THE  CHARTER SCHOOL IS PLANNING TO COMMENCE OPERATIONS. SUCH
 BOARD OF EDUCATION SHALL CONDUCT PUBLIC HEARINGS ON SUCH PROPOSED APPLI-
 CATION AT THE REGULARLY SCHEDULED MARCH AND APRIL BOARD MEETINGS,  WHERE
 RESIDENTS OF SUCH SCHOOL DISTRICT SHALL HAVE THE OPPORTUNITY TO SPEAK IN
 PERSON OR VIA ELECTRONIC MEANS, OR SUBMIT COMMENTS REGARDING THE CONSID-
 ERATION  OF  SUCH  APPLICATION. QUALIFIED VOTERS OF SUCH SCHOOL DISTRICT
 SHALL DENY OR CERTIFY SUCH APPLICATION  ON  THE  NEXT  SCHEDULED  SCHOOL
 BUDGET  VOTE DATE. SUCH PUBLIC VOTE SHALL BE HELD IN ACCORDANCE WITH THE
 PROVISIONS OF PART ONE OF ARTICLE  FORTY-ONE  OF  THIS  CHAPTER.    SUCH
 APPLICATION  SHALL BE DEEMED CERTIFIED FOR TRANSMISSION TO AND CONSIDER-
 ATION BY THE APPROPRIATE CHARTER ENTITY IF A MAJORITY OF THE VOTES  CAST
 THEREON  BY ELIGIBLE VOTERS ARE IN THE AFFIRMATIVE. WITHIN SEVEN DAYS OF
 DENYING OR CERTIFYING AN APPLICATION  FOR  A  NEW  CHARTER,  THE  SCHOOL
 DISTRICT  SHALL  FORWARD  NOTICE  OF SUCH DENIAL OR CERTIFICATION TO THE
 DEPARTMENT, AND THE BOARD OF REGENTS ALONG WITH A FORM TO  BE  DEVELOPED
 BY  THE COMMISSIONER WHICH STATES THAT THE VOTERS OF THE SCHOOL DISTRICT
 HAVE ACTED TO DENY OR CERTIFY SUCH APPLICATION FOR A NEW  CHARTER.  SUCH
 NOTICE  SHALL  INCLUDE  FACTUAL  FINDINGS,  SPECIFIC TO THE APPLICATION,
 STATING THE REASONS FOR SUCH DENIAL  OR  CERTIFICATION.  NOTWITHSTANDING
 ANY PROVISION OF LAW TO THE CONTRARY, THE DENIAL OF AN APPLICATION SHALL
 BE CONSIDERED FINAL AND SHALL NOT BE ELIGIBLE FOR RECONSIDERATION BY ANY
 OTHER  CHARTER  ENTITY. A CHARTER ENTITY SHALL NOT ACT ON AN APPLICATION
 FOR A NEW CHARTER UNLESS THE VOTERS OF THE  SCHOOL  DISTRICT  WHERE  THE
 CHARTER  SCHOOL  IS  PROPOSED  TO BE LOCATED HAVE CERTIFIED SUCH CHARTER
 APPLICATION.  For purposes of this article, a charter entity shall be:
   (a) The board of education of a school district eligible for an appor-
 tionment of aid under subdivision four of section thirty-six hundred two
 of this chapter, provided that a board of education shall not approve an
 application for a school to be operated outside  the  school  district's
 geographic boundaries and further provided that in a city having a popu-
 lation  of  one  million or more, the chancellor of any such city school
 district shall be the charter entity established by this paragraph; OR
   (b) [The board of trustees of the state university of New York; or
   (c)] The board of regents.
   The board of regents shall [be the only entity authorized to  issue  a
 charter]  SERVE  AS  THE  PRIMARY  STATEWIDE  AUTHORITY  RESPONSIBLE FOR
 VETTING CHARTER SCHOOL APPLICATIONS AND  ENSURING  COMPLIANCE  WITH  THE
 EDUCATIONAL,  GOVERNANCE,  FINANCIAL,  AND  COMMUNITY  IMPACT  STANDARDS
 ESTABLISHED pursuant to this article.
   THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF  NEW  YORK  SHALL  NO
 LONGER  SERVE AS A CHARTER ENTITY OR CHARTER AUTHORIZER UNDER THIS ARTI-
 CLE.
   THE BOARD OF REGENTS SHALL BE THE ONLY ENTITY AUTHORIZED  TO  ISSUE  A
 CHARTER PURSUANT TO THIS ARTICLE.
 S. 10658                            3
   Notwithstanding  any provision of this subdivision to the contrary, an
 application for the conversion of an existing public school to a charter
 school shall be submitted to, and may only be approved by,  the  charter
 entity  set  forth in paragraph (a) of this subdivision. Notwithstanding
 any  law,  rule  or regulation to the contrary, any such application for
 conversion shall be consistent with  this  section  [but  shall  not  be
 subject  to  the process pursuant to subdivision nine-a of section twen-
 ty-eight hundred fifty-two of this  article],  and  the  charter  entity
 shall  require  that  the  parents  or  guardians  of  a majority of the
 students then enrolled in the existing public school vote  in  favor  of
 converting  the  school  to  a  charter  school.    NOTWITHSTANDING  ANY
 PROVISION OF LAW TO THE CONTRARY, NO CHARTER SCHOOL APPROVED PURSUANT TO
 THIS SUBDIVISION SHALL RECEIVE OR BE  ELIGIBLE  TO  RECEIVE  ANY  SCHOOL
 DISTRICT  FUNDS  UNLESS  SUCH  CHARTER SCHOOL APPLICATION HAS FIRST BEEN
 CERTIFIED AS REQUIRED BY THIS SUBDIVISION. IF A CHARTER SCHOOL  APPLICA-
 TION  HAS  BEEN  CERTIFIED  PURSUANT  TO  THIS  SUBDIVISION,  THE SCHOOL
 DISTRICT SHALL BE AUTHORIZED TO DISTRIBUTE  PUBLIC  EDUCATION  FUNDS  TO
 SUCH  CHARTER  SCHOOL  PURSUANT  TO THIS ARTICLE. IF THE APPLICATION HAS
 BEEN DENIED, THE CHARTER SCHOOL SHALL NOT RECEIVE SCHOOL DISTRICT  FUNDS
 WITHIN THAT DISTRICT.
   4. Charters may be renewed, upon application, for a term of up to five
 years in accordance with the provisions of this article for the issuance
 of  such  charters pursuant to section twenty-eight hundred fifty-two of
 this article; provided, however, that [a] IN A CITY HAVING A  POPULATION
 OF  ONE MILLION OR MORE, SUCH APPLICANT SHALL FIRST SUBMIT THEIR RENEWAL
 APPLICATION FOR REVIEW TO THE COMMUNITY DISTRICT EDUCATION COUNCIL WHERE
 SUCH CHARTER SCHOOL IS LOCATED BY FEBRUARY FIRST OF THE YEAR THE CHARTER
 IS SET TO  EXPIRE.  SUCH  COMMUNITY  DISTRICT  EDUCATION  COUNCIL  SHALL
 CONDUCT  PUBLIC  HEARINGS  ON  SUCH RENEWAL APPLICATION AT THE REGULARLY
 SCHEDULED MARCH AND APRIL BOARD MEETINGS, WHERE RESIDENTS OF SUCH COMMU-
 NITY DISTRICT SHALL HAVE THE OPPORTUNITY TO SPEAK IN PERSON OR VIA ELEC-
 TRONIC MEANS, OR SUBMIT COMMENTS REGARDING  THE  CONSIDERATION  OF  SUCH
 RENEWAL APPLICATION. THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL DENY
 OR CERTIFY SUCH RENEWAL APPLICATION AT THE REGULARLY SCHEDULED MAY MEET-
 ING.    AN APPLICATION SHALL BE DEEMED CERTIFIED FOR TRANSMISSION TO AND
 CONSIDERATION BY THE APPROPRIATE CHARTER ENTITY IF THERE IS  A  MAJORITY
 VOTE IN FAVOR OF THE RENEWAL APPLICATION OF THE MEMBERS OF THE COMMUNITY
 DISTRICT  EDUCATION  COUNCIL  PRESENT  AT  A MEETING AT WHICH THERE IS A
 QUORUM PRESENT. WITHIN SEVEN DAYS OF DENYING OR CERTIFYING  AN  APPLICA-
 TION  FOR RENEWAL OF A CHARTER, THE COMMUNITY DISTRICT EDUCATION COUNCIL
 SHALL FORWARD NOTICE OF SUCH DENIAL OR CERTIFICATION TO THE  DEPARTMENT,
 THE  NEW  YORK  CITY  DEPARTMENT  OF EDUCATION, AND THE BOARD OF REGENTS
 ALONG WITH A FORM TO BE DEVELOPED BY THE COMMISSIONER WHICH STATES  THAT
 THE  COMMUNITY  DISTRICT  EDUCATION COUNCIL HAS ACTED TO DENY OR CERTIFY
 SUCH APPLICATION FOR RENEWAL OF A CHARTER.  SUCH  NOTICE  SHALL  INCLUDE
 FACTUAL  FINDINGS,  SPECIFIC TO THE APPLICATION, STATING THE REASONS FOR
 SUCH DENIAL OR CERTIFICATION. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO
 THE CONTRARY, THE DENIAL OF AN APPLICATION SHALL BE CONSIDERED FINAL AND
 SHALL NOT BE ELIGIBLE FOR RECONSIDERATION BY ANY OTHER CHARTER ENTITY. A
 CHARTER  ENTITY SHALL NOT ACT ON AN APPLICATION FOR RENEWAL OF A CHARTER
 UNLESS THE VOTE OF THE COMMUNITY DISTRICT EDUCATION  COUNCIL  WHERE  THE
 CHARTER  SCHOOL  IS  LOCATED HAS CERTIFIED SUCH CHARTER RENEWAL APPLICA-
 TION.  FOR ALL SCHOOL DISTRICTS LOCATED OUTSIDE OF A CITY HAVING A POPU-
 LATION OF ONE MILLION OR MORE, SUCH APPLICANT SHALL FIRST  SUBMIT  THEIR
 RENEWAL  APPLICATION  TO  THE  BOARD OF EDUCATION OF THE SCHOOL DISTRICT
 WHERE THE CHARTER IS LOCATED BY FEBRUARY FIRST OF THE YEAR  THE  CHARTER
 S. 10658                            4
 IS  SET TO EXPIRE. SUCH BOARD OF EDUCATION SHALL CONDUCT PUBLIC HEARINGS
 ON SUCH RENEWAL APPLICATION AT THE REGULARLY SCHEDULED MARCH  AND  APRIL
 BOARD  MEETINGS,  WHERE RESIDENTS OF SUCH SCHOOL DISTRICT SHALL HAVE THE
 OPPORTUNITY  TO  SPEAK  IN  PERSON  OR  VIA  ELECTRONIC MEANS, OR SUBMIT
 COMMENTS REGARDING THE CONSIDERATION OF SUCH RENEWAL APPLICATION. QUALI-
 FIED VOTERS OF SUCH SCHOOL DISTRICT SHALL DENY OR CERTIFY  SUCH  RENEWAL
 APPLICATION  ON  THE NEXT SCHEDULED SCHOOL BUDGET VOTE DATE. SUCH PUBLIC
 VOTE SHALL BE HELD IN ACCORDANCE WITH THE  PROVISIONS  OF  PART  ONE  OF
 ARTICLE  FORTY-ONE  OF  THIS  CHAPTER.  QUALIFIED VOTERS RESIDING IN THE
 BUFFALO, ROCHESTER AND YONKERS CITY SCHOOL DISTRICTS SHALL VOTE TO  DENY
 OR CERTIFY SUCH RENEWAL APPLICATION ON GENERAL ELECTION DAY. SUCH APPLI-
 CATION  SHALL  BE DEEMED CERTIFIED FOR TRANSMISSION TO AND CONSIDERATION
 BY THE APPROPRIATE CHARTER ENTITY IF A MAJORITY OF THE VOTES CAST THERE-
 ON BY ELIGIBLE VOTERS ARE IN THE AFFIRMATIVE. WITHIN SEVEN DAYS OF DENY-
 ING OR CERTIFYING AN APPLICATION FOR RENEWAL OF A  CHARTER,  THE  SCHOOL
 DISTRICT  SHALL  FORWARD  NOTICE  OF SUCH DENIAL OR CERTIFICATION TO THE
 DEPARTMENT, AND THE BOARD OF REGENTS ALONG WITH A FORM TO  BE  DEVELOPED
 BY  THE COMMISSIONER WHICH STATES THAT THE VOTERS OF THE SCHOOL DISTRICT
 HAVE ACTED TO DENY OR CERTIFY SUCH APPLICATION FOR RENEWAL OF A CHARTER.
 SUCH NOTICE SHALL INCLUDE FACTUAL FINDINGS, SPECIFIC TO THE APPLICATION,
 STATING THE REASONS FOR SUCH DENIAL  OR  CERTIFICATION.  NOTWITHSTANDING
 ANY PROVISION OF LAW TO THE CONTRARY, THE DENIAL OF AN APPLICATION SHALL
 BE CONSIDERED FINAL AND SHALL NOT BE ELIGIBLE FOR RECONSIDERATION BY ANY
 OTHER  CHARTER  ENTITY. A CHARTER ENTITY SHALL NOT ACT ON AN APPLICATION
 FOR RENEWAL OF A CHARTER UNLESS THE VOTERS OF THE SCHOOL DISTRICT  WHERE
 THE CHARTER SCHOOL IS LOCATED HAVE CERTIFIED SUCH CHARTER RENEWAL APPLI-
 CATION.  SUCH renewal application shall include:
   (a)  A  report  of the progress of the charter school in achieving the
 educational objectives set forth in the charter.
   (b) A detailed financial statement that discloses the cost of adminis-
 tration, instruction and  other  spending  categories  for  the  charter
 school that will allow a comparison of such costs to other schools, both
 public  and private. Such statement shall be in a form prescribed by the
 board of regents.
   (c) Copies of each  of  the  annual  reports  of  the  charter  school
 required  by subdivision two of section twenty-eight hundred fifty-seven
 of this article, including the  charter  school  report  cards  and  the
 certified financial statements.
   (d) Indications of parent and student satisfaction.
   (e)  The means by which the charter school will meet or exceed enroll-
 ment and retention targets as prescribed by the board of regents [or the
 board of trustees of the state university of New York,  as  applicable,]
 of  students  with disabilities, English language learners, and students
 who are eligible applicants for the free and reduced price lunch program
 [which shall be considered by the charter entity prior to approving such
 charter school's application for renewal]. When developing such targets,
 the board of regents [and the board of trustees of the state  university
 of New York] shall ensure: (1) that such enrollment targets are compara-
 ble  to  the enrollment figures of such categories of students attending
 the public schools within the school  district,  or  in  a  city  school
 district  in  a city having a population of one million or more inhabit-
 ants, the community school district, in  which  the  charter  school  is
 located;  and (2) that such retention targets are comparable to the rate
 of retention of such categories of students attending the public schools
 within the school district, or in a  city  school  district  in  a  city
 S. 10658                            5
 having  a  population  of one million or more inhabitants, the community
 school district, in which the proposed charter school would be located.
   Such  renewal  application shall be submitted to the charter entity no
 later than six months prior to the expiration of the charter;  provided,
 however,  that the charter entity may waive such deadline for good cause
 shown. NO CHARTER RENEWAL SHALL PERMIT THE CONTINUED RECEIPT  OF  SCHOOL
 DISTRICT  FUNDS  UNLESS  THE  CHARTER  SCHOOL'S  APPLICATION IS APPROVED
 PURSUANT TO THIS SUBDIVISION.
   § 2. Subdivisions 1, 3 and 7 of section 2852  of  the  education  law,
 subdivision 1 as amended by chapter 101 of the laws of 2010, subdivision
 3 as added by chapter 4 of the laws of 1998 and subdivision 7 as amended
 by  section 2 of part D-2 of chapter 57 of the laws of 2007, are amended
 to read as follows:
   1. A CHARTER ENTITY SHALL NOT ACT ON AN APPLICATION UNLESS THE  COMMU-
 NITY  DISTRICT  EDUCATION  COUNCIL  OR THE VOTERS OF THE SCHOOL DISTRICT
 WHERE THE CHARTER IS LOCATED OR IS PROPOSED TO BE LOCATED HAS  VOTED  ON
 AND  CERTIFIED  SUCH  CHARTER  APPLICATION  AND TRANSMITTED SUCH CERTIF-
 ICATION DOCUMENTATION TO SUCH CHARTER  ENTITY.  A  charter  entity  that
 receives  an application for approval of a charter school WHICH HAS BEEN
 CERTIFIED BY THE COMMUNITY DISTRICT EDUCATION COUNCIL OR THE  VOTERS  OF
 THE  SCHOOL  DISTRICT  WHERE THE CHARTER IS LOCATED OR IS PROPOSED TO BE
 LOCATED shall act on each [request] CHARTER SCHOOL APPLICATION  received
 FROM  A  COMMUNITY DISTRICT EDUCATION COUNCIL OR A SCHOOL DISTRICT prior
 to July first of a calendar year on  or  before  January  first  of  the
 succeeding  calendar  year, and a proposed charter between the applicant
 and the charter entity resulting from such application shall be executed
 on or before February first of such succeeding year.   Nothing  in  this
 subdivision  shall be construed to prevent a charter entity from receiv-
 ing or acting upon an application at any time[. This  subdivision  shall
 not  apply  to  applications  that are submitted pursuant to subdivision
 nine-a of this section]; PROVIDED, HOWEVER, THAT SUCH APPLICATION  SHALL
 HAVE  BEEN  CERTIFIED  BY THE COMMUNITY DISTRICT EDUCATION COUNCIL OR BY
 THE VOTERS OF THE SCHOOL DISTRICT WHERE THE CHARTER  IS  LOCATED  OR  IS
 PROPOSED TO BE LOCATED.
   3.  A  charter  entity  is  not  required to approve a charter and may
 require an applicant to modify or supplement an application as a  condi-
 tion  of  approval. ANY MODIFICATION OR SUPPLEMENT SHALL FIRST BE CERTI-
 FIED BY THE COMMUNITY DISTRICT EDUCATION COUNCIL OR BY THE VOTERS OF THE
 SCHOOL DISTRICT WHERE THE CHARTER  IS  LOCATED  OR  IS  PROPOSED  TO  BE
 LOCATED  BEFORE  THE CHARTER ENTITY MAY ACT ON SUCH CHARTER APPLICATION,
 PURSUANT TO THE PROVISIONS ESTABLISHED IN SUBDIVISIONS THREE AND FOUR OF
 SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE  OF  THIS  ARTICLE.  An  existing
 private  school shall not be eligible to convert to a charter school. In
 determining whether an application involves the conversion of an  exist-
 ing  private  school,  the charter entity and the board of regents shall
 consider such factors as: (a) whether the charter school would have  the
 same  or  substantially the same board of trustees and/or officers as an
 existing private school; (b) whether a substantial proportion of employ-
 ees of the charter school would be  drawn  from  such  existing  private
 school;  (c) whether a substantial portion of the assets and property of
 such existing private school would be transferred to the charter school;
 (d) whether the charter school would be located at the same site as such
 existing private school; (e) upon renewal  only,  whether  such  private
 school  closed  within  one year of establishment of the charter school;
 and (f) upon renewal only, whether a substantial portion of the  charter
 school's students were drawn from such existing private school.
 S. 10658                            6
   7. (a) A revision of a charter shall be made only upon the approval of
 the  charter  entity  and  the  board  of regents in accordance with the
 provisions of subdivisions five-a  and  five-b  of  this  section  AFTER
 CERTIFICATION  BY  THE  COMMUNITY  DISTRICT  EDUCATION COUNCIL OR BY THE
 VOTERS OF THE SCHOOL DISTRICT WHERE THE CHARTER IS LOCATED.
   (b)  When a revision of a charter involves the relocation of a charter
 school to a different school district, the proposed new school  district
 shall  be  given  [at least forty-five days notice] BY FEBRUARY FIRST of
 the proposed relocation. In addition, the  applicant  shall  provide  an
 analysis  of  the  community  support  for  such  relocation  and of the
 projected programmatic IMPACT and AN INDEPENDENT fiscal impact STATEMENT
 of the charter school on the proposed new school  district  of  location
 and other public and nonpublic schools in the area.
   §  3.  Section  2852  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. THE BOARD OF REGENTS SHALL SERVE AS THE  PRIMARY  STATEWIDE  OVER-
 SIGHT  AUTHORITY  RESPONSIBLE FOR MONITORING CHARTER SCHOOLS FOR COMPLI-
 ANCE WITH THE TERMS OF THEIR  CHARTERS  AND  ALL  APPLICABLE  STATE  AND
 FEDERAL LAWS. SUCH OVERSIGHT SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A) ANNUAL ACADEMIC PERFORMANCE REVIEWS;
   (B) FINANCIAL AUDITS;
   (C) MONITORING COMPLIANCE WITH ENROLLMENT AND RETENTION REQUIREMENTS;
   (D) INVESTIGATING COMPLAINTS OR VIOLATIONS; OR
   (E)  RECOMMENDING  PROBATION,  CORRECTIVE  ACTION,  OR REVOCATION OF A
 CHARTER WHERE SUBSTANTIAL NONCOMPLIANCE IS IDENTIFIED.
   § 4. This act shall take effect immediately.