New York 2025-2026 Regular Session

New York Assembly Bill A03639

Introduced
1/28/25  
Refer
1/28/25  

Caption

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.

Summary

This bill would change the charter school application and renewal process in New York by requiring applicants to first seek approval from the local board of education or, in New York City, the community district education council before a charter entity may act on the application. It applies this local-approval requirement to new charter applications, renewal applications, charter revisions, and relocations, and it makes local denials final and not subject to further review by another charter entity, court, or administrative body. The bill also preserves existing rules that charter schools must still ultimately be authorized by a charter entity, but only after the local board or council has approved the request. For renewal applications, the bill adds a local review step and requires the application to include educational progress, financial information, annual reports, parent and student satisfaction, and plans for meeting enrollment and retention targets for students with disabilities, English language learners, and students eligible for free or reduced-price lunch. It also requires the local board or council to act within 45 days and to provide written reasons for any denial. The bill further bars existing private schools from converting to charter schools and directs decision-makers to consider whether a proposed charter is effectively a conversion of a private school based on governance, staffing, assets, location, and student sourcing. The bill would significantly alter state education law by shifting more gatekeeping power to local school boards and community district education councils, while limiting the ability of charter entities such as the Board of Regents and SUNY trustees to act independently. It would also add procedural requirements for notice, timing, and documentation, and it would affect charter school operators, school districts, parents, and students by giving local districts a stronger role in approving, denying, renewing, relocating, or revising charter schools. The general sentiment reflected by the bill text is cautious and restrictive toward charter school expansion, with an emphasis on local control, accountability, and preventing circumvention of public-school oversight. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of support or opposition in the available history. However, the structure of the bill suggests likely support from those favoring stronger district oversight and likely concern from charter school advocates who may view the measure as making approval and renewal more difficult and more vulnerable to local political opposition. The main points of contention are likely to be the mandatory local approval requirement, the finality of local denials, and the restriction on private-school conversions. Supporters would likely argue these provisions protect public school districts and ensure charter schools are accountable to local communities, while opponents would likely argue they create an additional barrier to charter authorization, reduce statewide consistency, and give local boards effective veto power over charter school access and renewal.

Impact

The bill would amend Education Law sections 2851 and 2852 to require local school board or community district education council approval before a charter entity may consider a new charter application, renewal, revision, or relocation. It would also make local denials final, require written findings, and prohibit further review by courts, administrative bodies, or other charter entities. In addition, it would prohibit existing private schools from converting to charter schools and add detailed renewal criteria focused on academic progress, finances, parent/student satisfaction, and enrollment and retention of specified student groups.

Sentiment

No committee transcripts or vote records were provided, so there is no documented debate or recorded legislative sentiment to summarize. Based on the bill’s text, the measure appears to reflect a pro-local-control, more restrictive approach to charter school authorization and renewal. That framing suggests likely support from advocates of district oversight and skepticism from charter school proponents, but the available record does not show formal positions.

Contention

The likely points of contention are the bill’s requirement that charter applicants first obtain approval from local school boards or community district education councils, the rule that local denials are final and unreviewable, and the prohibition on private-school-to-charter conversions. Charter school supporters would likely object that these provisions give local districts too much veto power and could block otherwise viable schools, while supporters would likely argue that local approval is necessary to protect district planning, public accountability, and community input.

Companion Bills

No companion bills found.

Previously Filed As

NY S09568

Provides that charter school applicants shall first apply to the community district education council or the board of education of the school district for approval for renewal of a charter within a certain amount of time and public hearings shall be conducted on such proposed application.

NY A10729

Provides that charter school applicants shall first apply to the community district education council or the board of education of the school district for approval for renewal of a charter within a certain amount of time and public hearings shall be conducted on such proposed application.

NY H7906

Requires all certified independent or district charter schools upon application for a renewal of said charter or an application for a new charter school to provide a union neutrality clause in the charter.

NY H5840

Requires all certified independent or district charter schools upon application for a renewal of said charter or an application for a new charter school to provide a union neutrality clause in the charter.

NY S0912

Requires all certified independent or district charter schools upon application for a renewal of said charter or an application for a new charter school to provide a union neutrality clause in the charter.

NY A10446

Allows the president of the citywide council on high schools to participate in the selection of the members of the board of education elected by the community district education council presidents.

NY H0710

Amends existing law to provide that instructional hours in school districts' and public charter schools' academic year shall not begin prior to the Tuesday following Labor Day.

NY SB206

Requiring school districts and chartered public schools to adopt policies establishing a cell phone-free education.

NY A08377

Provides for the employment of school nurses for the inspection of pupils attending certain public schools; relates to school districts and boards of cooperative educational services.

NY A10622

Establishes the board of regents as the primary vetting and oversight authority of charter schools; requires all charter schools to be approved by a majority vote of the registered voters of the school district in which the charter school is proposed to operate.

Similar Bills

No similar bills found.