senate Bill S3987

Requires charter schools to enroll children with disabilities and English language learners in comparable numbers to those enrolled in public schools

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Mar / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Requires charter schools to enroll children with disabilities and English language learners in comparable numbers to those enrolled in public schools and provides that failure to comply may result in revocation of the charter.

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Bill Details

Versions:
S3987
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง2854, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A6251
2009-2010: A7981

Sponsor Memo

BILL NUMBER:S3987

TITLE OF BILL: An act to amend the education law, in relation to
requiring charter schools to enroll children with disabilities and
English language learners in comparable numbers to those enrolled in
public schools

PURPOSE OR GENERAL IDEA OF BILL: This bill will make charter schools
enroll disabled children and English language learners in numbers
comparable to the school district which they serve.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph a of subdivision 2 of
section 2854 of the education law, as amended by section 5 of part 0-2
of chapter 57 of the laws of 2007, is amended to read that "a charter
school must enroll the same or a greater percentage of students with
disabilities and limited English proficient students when compared to
the enrollment figures for such students in the school district in
which the charter school is located. Failure to comply for two
consecutive years shall be deemed grounds for revocation of the
charter".

JUSTIFICATION: Charter schools are often given the "average cost" per
student from a school district. This "average cost" includes not only
students with average needs, but also those with special needs. These
students, such as disabled students or those requiring special help to
learn English as a second language cost more than ordinary students.
For this reason, it is often a disincentive for charter schools to
work toward providing a comfortable environment for students requiring
special help. Charter schools must be required to expend the same
number of their resources in order to help with students that require
special help.

PRIOR LEGISLATIVE HISTORY:

This bill has been introduced in the Assembly.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3987

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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  requiring  charter
  schools  to  enroll  children  with  disabilities and English language
  learners in comparable numbers to those enrolled in public schools

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

  Section  1.  Paragraph  (a)  of  subdivision  2 of section 2854 of the
education law, as amended by chapter 101 of the laws of 2010, is amended
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
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 students with  disabilities  and
English  language  learners; and provided, further, that [the] A charter
school [shall demonstrate good faith efforts to  attract  and  retain  a
comparable  or  greater enrollment of] MUST ENROLL THE SAME OR A GREATER
PERCENTAGE OF students with disabilities, English language learners, and
students who are eligible applicants for  the  free  and  reduced  price
lunch  program when compared to the enrollment figures for such students
in the school district in which the charter school is  located.  FAILURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07763-01-3

S. 3987                             2

TO  COMPLY FOR TWO CONSECUTIVE YEARS SHALL BE DEEMED GROUNDS FOR REVOCA-
TION OF THE CHARTER. A charter shall not be issued to  any  school  that
would  be  wholly or in part under the control or direction of any reli-
gious  denomination,  or  in  which any denominational tenet or doctrine
would be taught.
  S 2. This act shall take effect immediately.

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