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Labor & Employment Law

: New York Public Personnel Law

Legislation directing the State Comptroller to audit charter schools held unconstitutional

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Legislation directing the State Comptroller to audit charter schools held unconstitutional
Matter of New York Charter Schools Assn., Inc. v DiNapoli, 2009 NY Slip Op 05204, Decided on June 25, 2009, Court of Appeals

The Court of Appeals, reversing a lower court?s decision, held that the State Legislature violated Article V, §1 of the New York State Constitution when it assigned and directed the State Comptroller to audit charter schools.

The court ruled that the provisions of General Municipal Law §33(2) and Education Law §2854(1)(c), ?to the extent that these provisions direct the Comptroller to conduct audits of charter schools,? were unconstitutional.

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05204.htm

Full post as published by New York Public Personnel Law on June 25, 2009 (boomark / email).

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