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
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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
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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:
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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
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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.