NY State Assembly Bill 2009-A10928

Assembly Bill A10928

2009-2010 Legislative Session

Relates to the powers and duties of BOCES, the operation and management of and enrollment at charter schools, and increasing the cap on the total number of charter schools in the state to four hundred sixty

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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May 03, 2010	referred to education

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2009-A10928 (ACTIVE) - Details

See Senate Version of this Bill:: S7678
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§1950, 2851 - 2854 & 2857, add §211-e, Ed L

2009-A10928 (ACTIVE) - Summary

Relates to the powers and duties of boards of cooperative educational services, to the operation and management of and enrollment at charter schools, and to increasing the cap on the total number of charter schools in the state to four hundred sixty.

2009-A10928 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10928

TITLE OF BILL:
An act
to amend the education law, in relation to the powers and duties of
boards of cooperative educational services, to the operation and
management of and enrollment at charter schools, and to increasing the
cap on the total number of charter schools in the state to four hundred
sixty

PURPOSE:
To increase both the number of charter schools and the transparency
and accountability of all charter schools in the state; to give
school districts the authority to contract with education
management companies.

SUMMARY OF PROVISIONS:
Section 1:
Authorizes boards of cooperative educational services (BOCES) to
provide services to charter schools on a non-aidable basis.

Section 2:
Requires charter school applicants to specify a procedure for
publicizing and conducting board meetings at the charter school.

Section 3:

Establishes that the duration of a charter shall be 5 instructional
years, in addition to the time between the approval of the charter
and the opening of the school for instruction.

Section 4:
Requires the code of ethics articulated in the charter school
application to include standards regarding conflicts of interest, in
accordance with the requirements for traditional public school boards
under sections 801-806 of the General Municipal Law.

Section 5:
Requires charter schools applying for renewal to demonstrate the steps
they have taken to recruit and retain students at risk of educational
failure and requires that the information be included in renewal
deliberations.

Section 6:
Raises the cap on the number of charter schools from 200 to 460 to be
shared between SUNY, the Board of Regents and local school districts;
and establishes that revoked charters will no longer count against
the cap.

Section 7:
Establishes that the duration of a charter shall be five instructional
years, in addition to the time between the approval of the charter
and the opening of the school for instruction.

Section 8:
Permits authorizing entities to grant approval for the board of a single
charter school to offer a single grade at multiple sites; authorizes
charter schools to offer special education services at an alternative
site, that would not count against the cap.

Section 9:
Authorizes charter school schools to contract with one another to
provide special education services; authorizes charter schools to
offer special education services at an alternative site that would
not count against the cap.

Section 10:
Authorizes charter school schools to contract with one another to
provide special education services; authorizes charter schools to
offer special education services at an alternative site, that would
not count against the cap.

Section 11:
Applies the same conflict of interest provisions and code of ethics to
charter board members, officers, and charter school employees as
apply to officers, board members and employees of public school
districts.

Section 12:
Directs the commissioner of education to create a common student
application for all charter schools and that such applications be
made available in languages predominant in the local community.
Directs the Commissioner to promulgate regulations to ensure that all
admission lotteries are conducted in a transparent and equitable
manner. Requires that such lotteries be held in a manner consistent
with public officers law. Clarifies that a charter school may focus
its services on students in need of special assistance, including
English language learners and students with disabilities. Allows for
admission to oversubscribed charter schools without an open lottery
for students with disabilities and students who are English language
learners. Designates the district of location for charter high
schools in the city of New York as the city district, not the
community school district. Authorizes kindergarten through eight
grade schools in the city of New York to use the enrollment process
for zoned schools, at the discretion of the school. Requires that
charter schools which are found to be serving less than 50% of the
population of students with disabilities and English language
learners represented in the school district of location to
automatically admit students in these subgroups outside the lottery
until all applicants are admitted or they population reaches 75%.

Section 13:
Requires charter-schools to make their annual reports more widely
available to the public through posting on the school's website,
distribution to the local newspapers and availability at charter
school board meetings. Requires the inclusion of any audits by the

State Comptroller in annual reports. Requires charter school annual
reports to include information regarding the charter school's
efforts to recruit and retain high-need students during the previous
school year and their plans to attract, recruit and retain such
students in the coming year.

Section 14:
Requires the annual Education Department charter school report to
include the number of charter schools that were closed in the prior
year and the reason for their closing.

Section 15:
Requires the Board of Regents to conduct an annual review of charter
school best practices and make such information available to public
school districts.

Section 16:
Authorizes Boards of Education to contract with educational management
organizations to assist in the turn-around of persistently
low-achieving schools. Requires the Department to establish a list of
qualified management organizations for districts to partner with.

Section 17:
Establishes the severability clause.

Section 18:
Establishes the effective date.

EXISTING LAW:
Under current law:

* BOCES are not authorized to contract with charter schools.

* The duration of a charter agreement is five years from the date of
approval or renewal.

* There is no requirement that charter school board, meetings be held
at the site of the charter school.

* There are no statutory conflict of interest or financial disclosure
requirements for charter board members, staff, officers or employees,
only those laid out in the charter agreement.

* There is no specific statutory consideration of the efforts to
educate students with disabilities and English language learners in
the charter renewal process.

* The number of startup charter schools in New York State is
limited to 200.

* The SUNY Board of Trustees is authorized to approve 100 charters
while the Regents and local districts are authorized to authorize an
additional 100 in total.

* Once a charter is issued, it continues to count against the cap of
200 even if revoked.

* A single charter school board is prohibited from offering a single
grade at more than one site.

* Charter schools cannot collaboratively offer special education
services, nor can they designate sites in non special education
schools as special education sites.

* Each charter school is authorized to establish their own application
and oversee their own lottery process.

* There are no specific requirements regarding the publishing and
distribution of charter school annual reports.

* Charter schools are required to make a "good faith" effort to
recruit high need students, including students with disabilities and
English language learners.

* Boards of education are not authorized to contract with educational
management organizations.

JUSTIFICATION:
To date, charter schools in New York have largely succeeded in
providing access to high-quality, public education, primarily serving
low income students in urban areas. New York has a strong reputation
for high standards of accountability and rigorous authorization. This
legislation would build on that reputation by increasing charter
school oversight and accountability. This increased oversight would
extend to not only financial oversight, but also operational and
management oversight, which would allow the best practices of
charters schools to be shared and replicated, and any inappropriate
practices to be identified and eliminated.

This legislation would also enhance the public's confidence in charter
schools by allowing for audits by the state comptroller, requiring
charter board members to meet the same conflict of interest and
ethical obligations as traditional school board members, and
establishing uniformity and oversight in the lottery and application
process.

For educational opportunities to continue to improve for all students
in New York, it is important that we not only continue to make school
choice opportunities available to students, but also that we allow
school districts the opportunity to access all possible resources to
assist them in their endeavors. Enactment of this legislation would
not only increase educational opportunities for children, but would

also enhance the competitiveness of New York State in Phase II of the
federal Race to the Top competition and allow low achieving school
districts to access hundreds of millions of dollars in federal Title
I school improvement grant funding to aid in their turnaround plans.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS:
The State Education Department would incur some administrative costs
related to the establishment of new regulations and oversight
responsibilities.

LOCAL FISCAL IMPLICATIONS:
Local school districts will incur the expense of charter school
tuition for students that attend a charter school.

EFFECTIVE DATE:
This act shall take effect immediately; provided however that sections
three, seven and eight shall take effect July 1, 2010 and sections
five, twelve, thirteen, fourteen and fifteen, shall take effect
January 1, 2011.

2009-A10928 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10928

                          I N  A S S E M B L Y

                               May 3, 2010
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Education

AN  ACT to amend the education law, in relation to the powers and duties
  of boards of cooperative educational services, to  the  operation  and
  management of and enrollment at charter schools, and to increasing the
  cap  on  the  total  number  of  charter  schools in the state to four
  hundred sixty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph h of subdivision 4 of section 1950 of the educa-
tion law is amended by adding a new subparagraph 8 to read as follows:
  (8) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTICLE
FIFTY-SIX OF THIS CHAPTER TO PROVIDE  SERVICES  AS  AUTHORIZED  BY  THIS
SECTION.
  S  2.  Paragraph (c) of subdivision 2 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (c)  The proposed governance structure of the school, including a list
of members of the initial board of trustees, a description of the quali-
fications, terms and method of appointment or election of trustees,  the
organizational  structure  of the school, A PROCEDURE FOR CONDUCTING AND
PUBLICIZING REGULAR BOARD OF TRUSTEE MEETINGS AT  EACH  CHARTER  SCHOOL,
and  the  processes to be followed by the school to promote parental and
staff involvement in school governance.
  S 3. Paragraph (p) of subdivision 2 of section 2851 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (p) The term of the proposed charter,  which  shall  not  exceed  five
SCHOOL years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS, PLUS THE PERIOD
COMMENCING  WITH  THE  EFFECTIVE DATE OF THE CHARTER AND ENDING WITH THE
OPENING OF THE SCHOOL FOR INSTRUCTION.
  S 4. Paragraph (v) of subdivision 2 of section 2851 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17118-06-0

A. 10928                            2

  (v) A code of ethics for the charter school,  setting  forth  for  the
guidance  of  its  trustees,  officers  and  employees  the standards of
conduct expected of them INCLUDING STANDARDS WITH RESPECT TO  DISCLOSURE
OF  CONFLICTS  OF INTEREST REGARDING ANY MATTER BROUGHT BEFORE THE BOARD
OF  TRUSTEES. SUCH CODE OF ETHICS SHALL INCLUDE BUT SHALL NOT BE LIMITED
TO COMPLIANCE WITH THE  PROVISIONS  OF  SECTIONS  EIGHT  HUNDRED,  EIGHT
HUNDRED ONE, EIGHT HUNDRED TWO, EIGHT HUNDRED THREE, EIGHT HUNDRED FOUR,
EIGHT  HUNDRED  FOUR-A,  EIGHT HUNDRED FIVE, EIGHT HUNDRED FIVE-A, EIGHT
HUNDRED FIVE-B AND EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW TO THE
SAME EXTENT SUCH SECTIONS APPLY TO SCHOOL DISTRICTS.
  S 5. Subdivision 4 of section 2851 of the education law is amended  by
adding a new paragraph (e) to read as follows:
  (E)  A  DEMONSTRATION OF THE EFFORTS TO BE TAKEN BY THE CHARTER SCHOOL
TO ATTRACT AND RETAIN HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK  OF
EDUCATIONAL  FAILURE  OR  STUDENTS  WHO ARE OTHERWISE IN NEED OF SPECIAL
ASSISTANCE AND SUPPORT WHICH SHALL BE CONSIDERED BY THE  CHARTER  ENTITY
PRIOR TO APPROVING AN APPLICATION FOR RENEWAL OF A CHARTER.
  S 6. Subdivision 9 of section 2852 of the education law, as amended by
section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
read as follows:
  9. The total number of charters issued pursuant to this article  shall
not  exceed  [two]  FOUR hundred SIXTY. [One] TWO hundred THIRTY of such
charters shall be issue on the  recommendation  of  the  charter  entity
described  in paragraph (b) of subdivision three of section twenty-eight
hundred fifty-one of this article, and [one] TWO hundred THIRTY of  such
charters  shall  be  issued  on  the recommendation of the other charter
entities set forth in subdivision three of section twenty-eight  hundred
fifty-one  of  this  article,  provided  that  up to [fifty] ONE HUNDRED
FIFTEEN of the additional charters authorized to be issued by the  chap-
ter  of the laws of two thousand [seven] TEN which amended this subdivi-
sion [effective July first, two thousand seven] shall be reserved for  a
city  school  district  of  a city having a population of one million or
more. The failure of any body to issue the regulations authorized pursu-
ant to this article shall not [effect] AFFECT the authority of a charter
entity to propose a charter to the board of  regents  or  the  board  of
regents'  authority  to  grant such charter. A conversion of an existing
public school to a charter school or the renewal or extension of a char-
ter shall not be counted toward the numerical limits established by this
subdivision. UPON REVOCATION OR TERMINATION OF A CHARTER,  SUCH  CHARTER
SHALL  NO  LONGER  COUNT TOWARD THE NUMERICAL LIMITS ESTABLISHED BY THIS
SUBDIVISION.
  S 7. Paragraph (a) of subdivision 1 of section 2853 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (a) Upon the approval of a charter by the board of regents, the  board
of  regents  shall incorporate the charter school as an education corpo-
ration for a term not to exceed five SCHOOL years IN  WHICH  INSTRUCTION
IS  PROVIDED  TO  PUPILS,  PLUS THE PERIOD COMMENCING WITH THE EFFECTIVE
DATE OF THE CHARTER AND ENDING  WITH  THE  OPENING  OF  THE  SCHOOL  FOR
INSTRUCTION.    Such  certificate  of  incorporation shall not modify or
limit any terms of the charter approved by the board  of  regents.  Upon
approval  of  an  application  to  renew a charter, the board of regents
shall extend the certificate of incorporation for a term not  to  exceed
five  SCHOOL  years, PLUS THE PERIOD, IF ANY, COMMENCING WITH THE EFFEC-
TIVE DATE OF THE RENEWAL CHARTER AND ENDING WITH THE FIRST  DAY  OF  THE
FIRST  FULL  SCHOOL  YEAR  IN  WHICH  INSTRUCTION  IS PROVIDED UNDER THE

A. 10928                            3

RENEWAL. Upon termination or nonrenewal of  the  charter  of  a  charter
school pursuant to section twenty-eight hundred fifty-five of this arti-
cle,  the  certificate  of  incorporation of the charter school shall be
revoked by the board of regents pursuant to section two hundred nineteen
of  this  chapter,  provided that compliance with the notice and hearing
requirements of such section twenty-eight  hundred  fifty-five  of  this
article  shall  be deemed to satisfy the notice and hearing requirements
of such section two hundred nineteen. It shall be the duty of the  trus-
tees  of the charter school to obtain federal tax-exempt status no later
than one year following approval of a charter school  by  the  board  of
regents.  For  purposes  of this article, "certificate of incorporation"
shall mean the provisional charter issued by the  board  of  regents  to
form  the  charter  school  as  an  educational  corporation pursuant to
sections two hundred sixteen and two hundred seventeen of this chapter.
  S 8. Paragraph (b-1) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (b-1) An education corporation operating a charter school shall not be
authorized to operate more than one school [or] BUT MAY BE AUTHORIZED TO
house  any grade at more than one site[, provided that:  (A) a]. A CHAR-
TER SCHOOL HOUSING TWO OR MORE GRADES AT MORE THAN ONE SITE  SHALL  HAVE
EACH  SUCH  ADDITIONAL  SITE DEEMED A CHARTER ISSUED FOR THE PURPOSES OF
SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTI-
CLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  CHAPTER,  APPROVAL  OF
REVISIONS TO A CHARTER OR CHARTERS TO AUTHORIZE AN EDUCATION CORPORATION
TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE, INCLUDING THE MERGER
OR  CONSOLIDATION  OF  EXISTING EDUCATION CORPORATIONS OPERATING CHARTER
SCHOOLS TO A SINGLE EDUCATION CORPORATION, SHALL BE MADE  IN  ACCORDANCE
WITH  PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION TWENTY-EIGHT HUNDRED
FIFTY-TWO OF THIS  ARTICLE.  UPON  SUCH  MERGER  OR  CONSOLIDATION,  THE
SURVIVING  OR  CONSOLIDATED  EDUCATION  CORPORATION, PLUS ANY SUCH ADDI-
TIONAL SITES, SHALL CONTINUE TO EACH BE COUNTED AS A CHARTER ISSUED  FOR
THE  PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-
TWO OF THIS ARTICLE. IF A CHARTER SCHOOL HAS EMPLOYEES WHO  ARE  MEMBERS
OF  A COLLECTIVE BARGAINING ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF
THE CIVIL SERVICE LAW THAT MERGES OR CONSOLIDATES WITH A CHARTER  SCHOOL
WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION,
EMPLOYEES  OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE MEMBERS
OF THE COLLECTIVE BARGAINING ORGANIZATION THAT  REPRESENTED  LIKE  POSI-
TIONS,  IF  ANY,  PRIOR TO THE MERGER OR CONSOLIDATION. A charter school
may operate in more than one building at a  single  site;  and  [(B)]  a
charter  school  which provides instruction to its students at different
locations for a portion of their school day shall be deemed to be  oper-
ating  at a single site; AND A CHARTER SCHOOL OPERATING AT MORE THAN ONE
SITE BUT WHICH HOUSES EACH GRADE AT A SINGLE SITE OR WHICH IS  PROVIDING
SPECIAL  EDUCATION  PROGRAMS  AND  SERVICES TO ITS STUDENTS AT DIFFERENT
LOCATIONS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION TWEN-
TY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE SHALL BE DEEMED TO BE OPER-
ATING AT A SINGLE SITE.
  S 9. Paragraph (a) of subdivision 4 of section 2853 of  the  education
law,  as  amended by chapter 378 of the laws of 2007, is amended to read
as follows:
  (a) For purposes of sections seven hundred one, seven hundred  eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter  school  shall  be  deemed a nonpublic school in the school district
within which the charter school is located. Special  education  programs

A. 10928                            4

and services shall be provided to students with a disability attending a
charter  school  in accordance with the individualized education program
recommended by the committee or subcommittee on special education of the
student's  school  district of residence. The charter school may arrange
to have such services provided by such school district of  residence  or
by  the  charter  school  directly or by contract with another provider,
INCLUDING ANOTHER CHARTER SCHOOL.  Where the charter school arranges  to
have  the  school  district  of residence provide such special education
programs or services, such school district shall provide services in the
same manner as it serves students  with  disabilities  in  other  public
schools in the school district, including the provision of supplementary
and related services on site to the same extent to which it has a policy
or  practice of providing such services on the site of such other public
schools.  CHARTER SCHOOLS MAY PROVIDE SUCH SERVICES ON SITE AT THE CHAR-
TER SCHOOL OR ARRANGE TO HAVE SUCH  SERVICES  PROVIDED  BY  CONTRACT  AT
ANOTHER SITE INCLUDING BY ANOTHER CHARTER SCHOOL. WHERE A CHARTER SCHOOL
PROVIDES  OR  ARRANGES  TO BE PROVIDED SUCH SERVICES AT ANOTHER SITE, IT
SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE PURSUANT  TO  PARAGRAPH
(B-1)  OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF
THIS ARTICLE.
  S 10. Paragraph (a) of subdivision 4 of section 2853 of the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (a) For purposes of sections seven hundred one, seven hundred  eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter  school  shall  be  deemed a nonpublic school in the school district
within which the charter school is located. Special  education  programs
and services shall be provided to students with a disability attending a
charter  school  in accordance with the individualized education program
recommended by the committee or subcommittee on special education of the
student's school district of residence. The charter school  may  arrange
to  have  such services provided by such school district of residence or
by the charter school directly or by  contract  with  another  provider,
INCLUDING  ANOTHER  CHARTER  SCHOOL.  CHARTER  SCHOOLS  MAY PROVIDE SUCH
SERVICES ON SITE AT THE CHARTER SCHOOL OR ARRANGE TO HAVE SUCH  SERVICES
PROVIDED  BY  CONTRACT  AT  ANOTHER  SITE  INCLUDING  BY ANOTHER CHARTER
SCHOOL. WHERE A CHARTER SCHOOL PROVIDES OR ARRANGES TO BE PROVIDED  SUCH
SERVICES AT ANOTHER SITE, IT SHALL BE DEEMED TO BE OPERATING AT A SINGLE
SITE   PURSUANT  TO  PARAGRAPH  (B-1)  OF  SUBDIVISION  ONE  OF  SECTION
TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
  S 11. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (f) to read as follows:
  (F) A CHARTER SCHOOL SHALL BE SUBJECT TO THE  PROVISIONS  OF  SECTIONS
EIGHT  HUNDRED,  EIGHT  HUNDRED  ONE,  EIGHT  HUNDRED TWO, EIGHT HUNDRED
THREE, EIGHT HUNDRED FOUR, EIGHT HUNDRED  FOUR-A,  EIGHT  HUNDRED  FIVE,
EIGHT  HUNDRED FIVE-A, EIGHT HUNDRED FIVE-B AND EIGHT HUNDRED SIX OF THE
GENERAL MUNICIPAL LAW TO THE SAME EXTENT SUCH SECTIONS APPLY  TO  SCHOOL
DISTRICTS.
  S  12.  Paragraphs (a) and (b) of subdivision 2 of section 2854 of the
education law, as amended by section 5 of part D-2 of chapter 57 of  the
laws of 2007, are amended, and a new paragraph (b-1) is added to read as
follows:
  (a)  A charter school shall be nonsectarian in its programs, admission
policies, employment practices, and all other operations and  shall  not
charge  tuition  or fees; provided that a charter school may require the
payment of fees on the same basis and to the same extent as other public

A. 10928                            5

schools. A charter school shall not discriminate  against  any  student,
employee or any other person on the basis of ethnicity, national origin,
gender, or disability or any other ground that would be unlawful if done
by  a school. Admission of students shall not be limited on the basis of
intellectual ability, measures  of  achievement  or  aptitude,  athletic
ability,  disability, race, creed, gender, national origin, religion, or
ancestry; provided, however, that  nothing  in  this  article  shall  be
construed to prevent the establishment of a single-sex charter school or
a charter school designed to provide expanded learning opportunities for
students at-risk of academic failure OR PUPILS WHO ARE OTHERWISE IN NEED
OF  SPECIAL ASSISTANCE AND SUPPORT, INCLUDING BUT NOT LIMITED TO, PUPILS
WITH DISABILITIES AND PUPILS WHO  ARE  ENGLISH  LANGUAGE  LEARNERS;  and
provided,  further, that the charter school shall demonstrate good faith
efforts to attract and retain a  comparable  or  greater  enrollment  of
students  with  disabilities and [limited] English [proficient students]
LANGUAGE LEARNERS when compared  to  the  enrollment  figures  for  such
students  in the school district in which the charter school is located.
A charter shall not be issued to any school that would be wholly  or  in
part under the control or direction of any religious denomination, or in
which any denominational tenet or doctrine would be taught.
  (b) Any child who is qualified under the laws of this state for admis-
sion  to a public school is qualified for admission to a charter school.
APPLICATIONS FOR ADMISSION TO A CHARTER SCHOOL SHALL BE SUBMITTED  ON  A
UNIFORM  APPLICATION  FORM  CREATED  BY THE DEPARTMENT AND SHALL BE MADE
AVAILABLE BY A CHARTER SCHOOL IN LANGUAGES PREDOMINANTLY SPOKEN  IN  THE
COMMUNITY  IN  WHICH  SUCH  CHARTER  SCHOOL IS LOCATED. The school shall
enroll each eligible student who submits a  timely  application  by  the
first  day of April each year, unless the number of applications exceeds
the capacity of the grade level or building.  In  such  cases,  students
shall  be  accepted from among applicants by a random selection process,
provided, however, that an enrollment preference shall  be  provided  to
pupils  returning  to the charter school in the second or any subsequent
year of operation and pupils residing in the school  district  in  which
the  charter  school is located, and siblings of pupils already enrolled
in the charter school; PROVIDED FURTHER, HOWEVER, THAT PUPILS WITH DISA-
BILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS SHALL BE  PROVIDED
ENROLLMENT  PREFERENCE  PURSUANT  TO PARAGRAPH (B-1) OF THIS SUBDIVISION
AFTER PUPILS RETURNING TO THE CHARTER  SCHOOL  AND  SIBLINGS  OF  PUPILS
ALREADY ENROLLED IN THE CHARTER SCHOOL. THE COMMISSIONER SHALL ESTABLISH
REGULATIONS  TO  REQUIRE  THAT  THE  RANDOM  SELECTION PROCESS CONDUCTED
PURSUANT TO THIS PARAGRAPH BE PERFORMED IN A TRANSPARENT  AND  EQUITABLE
MANNER  AND  TO  REQUIRE THAT THE TIME AND PLACE OF THE RANDOM SELECTION
PROCESS BE PUBLICIZED IN A MANNER CONSISTENT WITH  THE  REQUIREMENTS  OF
SECTION  ONE  HUNDRED FOUR OF THE PUBLIC OFFICERS LAW AND BE OPEN TO THE
PUBLIC.  For the purposes of this paragraph and  [paragraph]  PARAGRAPHS
(a)  AND  (B-1)  of  this  subdivision, the school district in which the
charter school is located shall mean, for the city  school  district  of
the city of New York, the community district in which the charter school
is  located  EXCEPT THAT FOR CHARTER HIGH SCHOOLS THE SCHOOL DISTRICT IN
WHICH THE CHARTER SCHOOL IS LOCATED SHALL MEAN THE CITY SCHOOL  DISTRICT
OF THE CITY OF NEW YORK. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION,  CHARTER  SCHOOLS  SERVING STUDENTS IN KINDERGARTEN THROUGH EIGHTH
GRADE THAT ARE LOCATED IN THE CITY SCHOOL DISTRICT OF THE  CITY  OF  NEW
YORK  SHALL  HAVE  THE  OPTION  TO  ADOPT THE ENROLLMENT PROCESS USED BY
ZONED, NON-CHARTER SCHOOLS LOCATED IN THE COMMUNITY SCHOOL DISTRICT  AND
ZONE  IN  WHICH THE CHARTER SCHOOL IS LOCATED, PROVIDED THAT THE ENROLL-

A. 10928                            6

MENT PROCESS MANDATES THAT THE SCHOOL SERVE ALL STUDENTS RESIDING IN THE
RELEVANT COMMUNITY SCHOOL DISTRICT AND ZONE UNTIL IT REACHES FULL CAPAC-
ITY AT WHICH POINT IT MAY  EMPLOY  THE  SAME  LOTTERY  SYSTEM  AS  ZONED
SCHOOLS.
  (B-1)  IN  THE  EVENT THAT THE CHARTER ENTITY OR THE BOARD OF REGENTS,
BASED ON INFORMATION PROVIDED TO THE CHARTER  ENTITY  OR  THE  BOARD  OF
REGENTS  BY  THE  CHARTER SCHOOL REGARDING THE ENROLLMENT OF PUPILS WITH
DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS,  HAS  MADE  A
DETERMINATION AT ANYTIME AFTER THE SCHOOL'S FIRST YEAR OF OPERATION THAT
THE CHARTER SCHOOL HAS NOT ATTRACTED A PERCENTAGE OF PUPILS FROM EACH OF
THOSE  GROUPS  IN  EACH  GRADE  OF  THE CHARTER SCHOOL IS AT LEAST FIFTY
PERCENT OF THE AVERAGE PERCENTAGE, AS CALCULATED BY THE SCHOOL  DISTRICT
WHERE  THE  CHARTER SCHOOL IS LOCATED, OF PUPILS IN EACH GRADE FROM EACH
OF THOSE  GROUPS  IN  ALL  NON-CHARTER  PUBLIC  SCHOOLS  IN  THE  SCHOOL
DISTRICT,  OR, FOR ELEMENTARY AND MIDDLE SCHOOLS LOCATED WITHIN THE CITY
SCHOOL DISTRICT OF THE  CITY  OF  NEW  YORK,  IN  THE  COMMUNITY  SCHOOL
DISTRICT  WHERE  THE  CHARTER  IS LOCATED, STUDENTS SHALL BE ACCEPTED IN
SUBSEQUENT  YEARS  FROM  AMONG  APPLICANTS  BY  THE  FOLLOWING  PROCESS,
PROVIDED, HOWEVER, IN MAKING THAT DETERMINATION THE BOARD OF REGENTS AND
THE  CHARTER  ENTITY SHALL TAKE INTO ACCOUNT THE FACILITY CONSTRAINTS IF
ANY THAT AFFECT ENROLLMENT AND SERVICE OF PUPILS WITH DISABILITIES:
  (I) FIRST, THE SCHOOL SHALL ACCEPT APPLICATIONS FOR EACH GRADE SUBMIT-
TED BY PUPILS WITH DISABILITIES AND  PUPILS  WHO  ARE  ENGLISH  LANGUAGE
LEARNERS  UNTIL  THE PERCENTAGE OF STUDENTS FROM EACH OF THOSE GROUPS IN
EACH GRADE OF THE CHARTER SCHOOL IS AT LEAST SEVENTY-FIVE PERCENT OF THE
AVERAGE PERCENTAGE, AS CALCULATED BY THE SCHOOL DISTRICT WHERE THE CHAR-
TER SCHOOL IS LOCATED, OF STUDENTS IN EACH  GRADE  FROM  EACH  OF  THOSE
GROUPS IN ALL NON-CHARTER PUBLIC SCHOOLS IN THE SCHOOL DISTRICT, OR, FOR
ELEMENTARY AND MIDDLE SCHOOLS LOCATED WITHIN THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, IN THE COMMUNITY SCHOOL DISTRICT WHERE THE CHARTER
IS  LOCATED,  OR  UNTIL  ALL  APPLICATIONS SUBMITTED BY STUDENTS WITH AN
INDIVIDUALIZED EDUCATION PROGRAM AND ENGLISH LANGUAGE LEARNERS HAVE BEEN
ACCEPTED. IF ACCEPTING ALL APPLICATIONS SUBMITTED BY PUPILS  WITH  DISA-
BILITIES  AND  PUPILS  WHO ARE ENGLISH LANGUAGE LEARNERS WOULD CAUSE THE
PERCENTAGE OF SUCH STUDENTS IN ANY GRADE AT THE CHARTER SCHOOL TO EXCEED
SEVENTY-FIVE PERCENT OF THE AVERAGE PERCENTAGE OF PUPILS  FROM  EACH  OF
THOSE  GROUPS  IN  THE  SAME  GRADE  AT  THE RELEVANT NON-CHARTER PUBLIC
SCHOOLS, FOR EACH GRADE THE CHARTER SCHOOL SHALL ACCEPT APPLICANTS  FROM
EACH  OF THOSE GROUPS BY A RANDOM SELECTION PROCESS UNTIL THE PERCENTAGE
OF STUDENTS IN EACH GRADE FROM EACH OF THOSE  GROUPS  IS  EQUAL  TO  THE
SEVENTY-FIVE  PERCENT  OF  THE PERCENTAGE OF STUDENTS IN EACH GRADE FROM
EACH OF THOSE GROUPS IN THE RELEVANT NON-CHARTER PUBLIC SCHOOLS.
  (II) ONCE ALL APPLICATIONS SUBMITTED BY PUPILS WITH  DISABILITIES  AND
PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS HAVE BEEN ACCEPTED, OR ONCE THE
REQUIRED PERCENTAGE OF STUDENTS FROM THOSE GROUPS IN EACH GRADE HAS BEEN
REACHED  AS  SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE SCHOOL
SHALL ACCEPT STUDENTS FROM AMONG ALL UNACCEPTED  APPLICATIONS  INCLUDING
APPLICATIONS  FROM  PUPILS  WITH DISABILITIES AND PUPILS WHO ARE ENGLISH
LANGUAGE LEARNERS BY RANDOM SELECTION PROCESS, PROVIDED,  HOWEVER,  THAT
AN  ENROLLMENT  PREFERENCE  SHALL BE PROVIDED TO PUPILS RETURNING TO THE
CHARTER SCHOOL IN THE  SECOND  OR  ANY  SUBSEQUENT  YEAR  OF  OPERATION,
SIBLINGS  OF  PUPILS  ALREADY  ENROLLED IN THE CHARTER SCHOOL AND PUPILS
RESIDING IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED.
  S 13. Subdivision 2 of section 2857 of the education law,  as  amended
by  section  7 of part D-2 of chapter 57 of the laws of 2007, is amended
to read as follows:

A. 10928                            7

  2. Each charter school shall submit to the charter entity and  to  the
board  of regents an annual report. Such report shall be issued no later
than the first day of August of each year for the preceding school  year
AND SHALL BE MADE PUBLICLY AVAILABLE BY SUCH DATE AND SHALL BE POSTED ON
THE  CHARTER  SCHOOL'S AND CHARTER ENTITY'S WEBSITES.  The annual report
shall be in such form as shall be prescribed  by  the  commissioner  and
shall include at least the following components:
  (a)  a charter school report card, which shall include measures of the
comparative academic and fiscal performance of the school, as prescribed
by the commissioner in regulations adopted for such purpose. Such  meas-
ures  shall  include,  but  not be limited to, graduation rates, dropout
rates, performance of students  on  standardized  tests,  college  entry
rates,  total  spending per pupil and administrative spending per pupil.
Such measures shall be presented in a format that is  easily  comparable
to  similar public schools. In addition, the charter school shall ensure
that such information is easily accessible to  the  community  INCLUDING
MAKING  IT  PUBLICLY AVAILABLE BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF
GENERAL CIRCULATION AND MAKING IT AVAILABLE FOR DISTRIBUTION AT BOARD OF
TRUSTEE MEETINGS.
  (b) discussion of the progress made towards achievement of  the  goals
set forth in the charter.
  (c)  a  certified  financial  statement  setting forth, by appropriate
categories, the revenues and expenditures for the preceding school year,
including a copy of the most recent  independent  fiscal  audit  of  the
school.
  (D)  EFFORTS  TAKEN BY THE CHARTER SCHOOL IN THE EXISTING SCHOOL YEAR,
AND A PLAN FOR EFFORTS TO BE TAKEN IN THE  SUCCEEDING  SCHOOL  YEAR,  TO
ATTRACT  AND  RETAIN  HIGH-NEED  STUDENTS, INCLUDING STUDENTS AT RISK OF
EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE  IN  NEED  OF  SPECIAL
ASSISTANCE AND SUPPORT.
  S  14.   Subdivision 3 of section 2857 of the education law is amended
by adding a new paragraph (a-1) to read as follows:
  (A-1) A LIST INCLUDING THE NUMBER OF CHARTER SCHOOLS CLOSED DURING THE
PRECEDING YEAR, AND A BRIEF DESCRIPTION OF THE REASONS THEREFORE INCLUD-
ING, BUT NOT LIMITED TO, NON-RENEWAL OF THE CHARTER OR REVOCATION OF THE
CHARTER;
  S 15. Section 2857 of the education law is amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE  BOARD  OF  REGENTS SHALL, ON AN ANNUAL BASIS, REVIEW AND MAKE
AVAILABLE TO SCHOOL DISTRICTS BEST  EDUCATIONAL  PRACTICES  EMPLOYED  BY
CHARTER SCHOOLS.
  S  16.  The  education law is amended by adding a new section 211-e to
read as follows:
  S  211-E.  EDUCATIONAL  MANAGEMENT  ORGANIZATIONS.  1.  EACH   COMMON,
CENTRAL,  CENTRAL  HIGH  SCHOOL,  UNION  FREE, EXCEPT SPECIAL ACT SCHOOL
DISTRICTS AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS  CHAPTER,  AND
CITY  SCHOOL  DISTRICT  SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS WITH
APPROVED EDUCATIONAL MANAGEMENT ORGANIZATIONS FOR THE PURPOSE OF  MANAG-
ING  INDIVIDUAL  SCHOOLS WITHIN THE DISTRICT IN ORDER TO TURN AROUND THE
PERSISTENTLY LOWEST-ACHIEVING SCHOOLS. AUTHORITY OVER  EMPLOYMENT  DECI-
SIONS  SHALL  REMAIN  THE  SOLE  RESPONSIBILITY  OF THE EMPLOYING BOARD.
CONTRACTS SHALL BE SOLICITED  AND  AWARDED  PURSUANT  TO  A  COMPETITIVE
REQUEST  FOR  PROPOSALS  PROCESS THAT SHALL BE DEVELOPED BY THE BOARD OF
EDUCATION IN CONSULTATION WITH THE SUPERINTENDENT OF SCHOOLS IN  ACCORD-
ANCE WITH COMMISSIONER'S REGULATIONS PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.  THE  REQUEST  FOR  PROPOSAL  PROCESS SHALL INCLUDE MEASURES TO

A. 10928                            8

ENHANCE THE ABILITY OF MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES  TO
COMPETE  FOR  CONTRACTS  AND TO ENSURE THEIR MEANINGFUL PARTICIPATION IN
THE PROCESS. FOR THE PURPOSES OF THIS SECTION, THE TERM "BOARD OF EDUCA-
TION"  SHALL  MEAN  THE  TRUSTEE,  TRUSTEES OR BOARD OF EDUCATION OF ANY
SCHOOL DISTRICT, EXCEPT IN THE CITY SCHOOL DISTRICT OF THE CITY  OF  NEW
YORK  THE  TERM  "BOARD OF EDUCATION" SHALL MEAN THE PANEL FOR EDUCATION
POLICY AND THE "SUPERINTENDENT OF SCHOOLS" SHALL MEAN THE CHANCELLOR.
  2. THE DEPARTMENT SHALL  ESTABLISH  A  LIST  OF  APPROVED  EDUCATIONAL
MANAGEMENT  ORGANIZATIONS.  IN  ESTABLISHING SUCH LIST, THE COMMISSIONER
SHALL MAKE REASONABLE EFFORTS TO ENSURE MINORITY AND WOMEN  OWNED  BUSI-
NESS  ENTERPRISES  ARE  INCLUDED FOR CONSIDERATION WHERE APPLICABLE. THE
COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS TO THIS SECTION  INCLUDING  REGULATIONS  FOR
CONSISTENCY  AND  COMPLIANCE WITH ANY APPLICABLE FEDERAL OR STATE GUIDE-
LINES, INCLUDING THOSE CONTAINED WITHIN THE  FEDERAL  AMERICAN  RECOVERY
AND REINVESTMENT ACT OF 2009.
  3.  NO  CONTRACT ENTERED INTO WITH AN EDUCATIONAL MANAGEMENT ORGANIZA-
TION PURSUANT TO THIS SECTION SHALL BE CONSTRUED TO  OVERRIDE  OR  AMEND
ANY  COLLECTIVE  BARGAINING  AGREEMENT  BETWEEN  THE SCHOOL DISTRICT AND
COLLECTIVE  BARGAINING  ORGANIZATION.  ANY  CHANGES  TO  THE  COLLECTIVE
BARGAINING  AGREEMENT  OF  ANY  BARGAINING  UNIT  DURING THE TERM OF THE
CONTRACT WITH THE EDUCATIONAL MANAGEMENT ORGANIZATION SHALL  BE  NEGOTI-
ATED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S  17. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S 18. This act shall take effect immediately; provided, however, that:
  a.  sections three, seven and eight of this act shall take effect July
1, 2010;
  b. sections five, twelve, thirteen, fourteen and fifteen of  this  act
shall take effect January 1, 2011; and
  c. the amendments to paragraph (a) of subdivision 4 of section 2853 of
the  education  law made by section nine of this act shall be subject to
the expiration and reversion of such section pursuant to  subdivision  d
of  section 27 of chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section ten of this act shall take effect.

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Assembly Bill A10928

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Sponsored By

CAMARA

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Michael Benjamin

Sam Hoyt

Vito Lopez

Adam Clayton Powell IV