THE ASSEMBLY STATE OF NEW YORK ALBANY CARL E. HEASTIE Speaker

Room 932 Legislative Office Building Albany, New York 12248 518-455-3791 FAX: 518-455-5459 1446 East Gun Hill Road Bronx, New York 10469 718-654-6539 FAX: 718-654-5836 250 Broadway, Suite 2301 New York, New York 10007 212-312-1400 FAX: 212-312-1418

August 15, 2016 Governor Andrew Cuomo Executive Chamber Capitol, Second Floor Albany, NY 12224

Dear Governor Cuomo : We write to clarify the limited authority that the Legislature intended to grant the State University of New York

(SUNY) when promulgating regulations for charter schools under its purview. Chapter 73 of the Laws of 2016 does not provide SUNY the ability disregard existing laws in promulgation of its regulations but merely the authority to create new regulations in conformance with existing law. Subdivision 2-a of Section 355 of the education law, which was added by Chapter 73 authorized the SUNY trustees to promulgate regulations with respect to governance, structure and operations of charter schools for which SUNY is the charter entity. Prior to the law's enactment, only the Board of Regents and the Commissioner of the State Education Department could adopt rules and regulations related to charter schools. The intent of subdivision 2-a was simply to allow SUNY to adopt new regulations, which would help SUNY govern those charter schools which it directly oversees as the charter entity. The Legislature did not intend to delegate to SUNY broad authority to regulate charter schools it oversees. Nor did it intend to empower SUNY to adopt regulations that are inconsistent with current laws governing charter schools including, but not limited to, laws related to teacher certification requirements, participation in pre-kindergarten programs, and co-location of charter schools within traditional public schools. We expect that any regulations that SUNY adopts will conform with current laws applicable to charter schools. We look forward to working with you on this important issue. Sincerely,

Carl E. Heastie Speaker Cc: Assembly Majority

Cathy Nolan Chair, Education Committee