What's happening
This bill requires certain school districts to give charter schools first refusal and low-cost access to unused school facilities, property, or land.
Why it matters
Gives charter schools a priority in accessing underused or surplus public school facilities. potentially allowing them to expand more easily without needing to fund or build new space, which could influence the local educational landscape and resource allocation.
Requires districts to offer these facilities at no cost or a nominal fee ($1 per year). this could significantly reduce operational costs for charter schools, possibly increasing their financial viability and appeal compared to traditional public schools.
Mandates transparency and formal negotiation between districts and charter schools. this aims to ensure public oversight and equitable handling of public assets, but may also introduce new administrative burdens or disputes, to be settled by the state education commissioner.
Includes safeguards and limitations. such as a one-year usage deadline (with possible extension for renovations) and restrictions on charter schools reselling or transferring the property, which seek to prevent misuse and ensure facilities are actively used for educational purposes.
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Who cares
Headline styles
Charter Schools Get First Dibs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
825
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to charter school access to unused school facilities, property or land
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 2853 of the education law is amended by adding a new paragraph (f) to read as follows:
(f) In districts with an existing charter school as of September first, two thousand seventeen, except those lying in or coterminous with cities having a population of one million or more, and in all other small city school districts operating pursuant to article fifty-one of this chapter, charter schools and charter school applicants shall be granted the right of first refusal prior to any sale, lease, transfer, or other disposition of school facilities, property or land. Additionally charter schools and charter school applicants shall be granted access to unused school facilities, property or land.
Notwithstanding any provision of law to the contrary, the right of first refusal shall be granted prior to commencing any action in accordance with sections four hundred two, four hundred three-a, four hundred three-b, and four hundred five of this chapter. A party conceiving itself aggrieved by a dispute over the application of this paragraph, including procedures pertaining to and ultimate decisions over granting access, shall be settled by appeal to the commissioner of education pursuant to section three hundred ten of this chapter.
(1) A city, municipality or board of education of a school district shall implement and administer the provisions of this paragraph in a public and transparent manner.
(2) The use of school facilities, property or land shall be offered to charter schools or charter school applicants at no cost or for a nominal fee of one dollar per year. A city, municipality or board of education
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04269-01-7
S. 825 2
of a school district and a charter school shall negotiate an agreement for access to and use of school facilities, property or land. The agreement shall identify the party responsible for maintenance and operations and associated costs.
(3) A charter school that has been granted access to a school facility, property or land in accordance with this paragraph shall be allowed uninterrupted access for as long as the school has an active charter agreement.
(4) If a charter school or charter school applicant has been granted access to a school facility, property or land and has not begun using it for the purpose of educating students within one year, the school facility, property or land shall be deemed unused and the agreement may be terminated. If the school facility, property or land requires substantial renovation or other reasonable delays impede its use for the purpose of educating students, then, by mutual agreement, an additional year shall be granted before such school facility, property or land is deemed unused.
If a charter school no longer needs or wants the school facility, property or land, or the charter applicant group is not granted a charter, the agreement may be terminated. A charter school may not sell, lease, transfer or otherwise dispose of a school facility that has been accessed in accordance with this paragraph without the written consent of the city, municipality or board of education from which the property was transferred.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to charter school access to unused school facilities, property or land
Purpose
To provide the right of first refusal to charter schools in relation to unused school facilities, properties or land.
Summary of provisions
Section 1-Creates a right of first refusal for charter schools for unused school property, requires a public and transparent process, authorizes a municipality, school district, board of education or city to negotiate agreements for maintenance and other costs with a charter school, requires a charter school to being using the building or buildings in question within one year with certain exceptions and describes the process for termination of use.
Section 2-Sets forth the effective date
Justification
Currently about 25,000 students attend charter schools in upstate New York and that demand continues to grow. One of the biggest challenges facing charter schools is a lack of available and affordable space, especially space that is accessible and appropriate in order to best facilitate student learning and growth. In Rochester for example, 22% of school buildings are empty, and could easily be repurposed for use by charter schools. Charter schools exist to provide parents a choice in their children's education. When public school space is vacant and available it provides a unique opportunity for those buildings to continue to be used for their intended purpose under the auspices of a Charter School. Charter schools are not at present eligible for building aid, and therefore it seems appropriate at minimum to ensure that they have access to unused school space. Charter Schools exist to provide parents with choice as it relates to their children's education and future. That choice should not be limited especially when available space exists and is instead lying vacant.
Legislative history
S.5561A of 2015-2016; referred to Education
Fiscal implications
None
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.