NY State Senate Bill 2015-S2132

Archive: Last Bill Status - Stricken

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to education
Jun 25, 2015	recommitted to rules
Jun 16, 2015	ordered to third reading cal.1654 committee discharged and committed to rules
Jan 21, 2015	referred to education

Votes

- Jun 16, 2015 - Rules Committee Vote
  S2132
  
  21
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (3)
      
      Gianaris
      
      Krueger
      
      Perkins
      
      aye wr (1)
      
      Carlucci

2015-S2132 (ACTIVE) - Details

See Senate Version of this Bill:: S6511
Law Section:: Education Law
Laws Affected:: Amd §§1950 & 2853, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7122
2013-2014: S2450

2015-S2132 (ACTIVE) - Summary

Relates to the provision of special education services at charter schools.

2015-S2132 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2132

TITLE OF BILL:  An act to amend the education law, in relation to
charter schools providing special education and English Language
Learner services

PURPOSE:  This bill would enable charter schools to serve more
students with special needs, including English language learners and
students with disabilities, by authorizing Boards of Cooperative
Educational Services to contract with charter schools and authorizing
charter schools to establish consortia to serve students at different
locations.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1950(4)(h)(2) of the education
law to authorize Boards of Cooperative Educational Services (BOCES) to
contract directly with charter schools to provide services.

Section 2 amends 2853(1)(b) provides the authority for charter schools
to provide special education and English Language Learner services to
students enrolled at charter schools operated by other charter school
education corporations.

Section 3 of the bill amends section 2853(1)(b-1) of the education law
by adding a new subparagraph (C) to authorize a charter school to

provide programs and services to its students at a different location
while being deemed to be operating at a single site.

Section 4 of the bill amends section 2853(4)(a) of the education law,
as amended by chapter 378 of the laws of 2007 by clarifying that a
charter school may provide special education programs and services by
contracting with another charter school or a board of cooperative
educational services either on site at the charter school or at
another location.  This section further clarifies that such services
shall not be BOCES aidable.

Section 4-a of the bill amends section 2853(4)(a) of the education
law, as amended by chapter 378 of the laws of 2007 by clarifying that
a charter school may provide special education programs and services
by contracting with another charter school or a board of cooperative
educational services either on site at the charter school or at
another location. This section further clarifies that such services
shall not be BOCES aidable.

Section 5 of the bill provides for an immediate effective date.

JUSTIFICATION:  Charter schools have been encouraged to serve greater
numbers of students who are English Language Learners and students
with disabilities but have not been adequately equipped to provide
such services.  This bill would better enable charter schools to serve
more such students by authorizing BOCES to contract with charter
schools to better enable charter schools and by allowing charter
schools to provide programs and services at other locations.

Allowing a charter school to provide services at an alternative site,
for example, a BOCES or other charter school, would allow for several


charter schools to pool their resources and serve students with
similar needs at the same location. This consortia approach, for
example, would allow one charter school to provide a particular
service and contract with other charter schools with students in need
of that service, without having to re-enroll through a lottery. Today
when a student is enrolled in a charter school through the lottery
process, but the charter school cannot implement the student's
individual education plan because of a lack of resources, the student
is typically returned to the public school. The disruption of
educational services can be detrimental to the student and is directly
contrary to the wishes of the parent to enroll their child in a
charter school. This bill will allow charter schools to appropriately
serve students with disabilities.

Existing education law mandates that charter schools make "good faith
efforts to attract and retain" students with disabilities and students
who are English language learners. Existing law also requires charter
schools to meet enrollment targets for these categories of students
which are comparable to the school district or, in New York City, the
community school district in which the charter school is located.
Currently, charter schools remain at a disadvantage in meeting
enrollment targets for students with disabilities and who are English
language learners due to the fact that they do not operate their own
committee on special education, their students are not mandated to
enroll in the school and, if they choose to enroll, must do so through
a random selection process.

Enactment of this bill will enable charter schools to attract and
retain more students with disabilities or who are English language
learners by contracting with BOCES to provide specialized services in
a similar manner as it provides to district schools and by providing
services to students from other charter schools through a contractual
arrangement to establish a consortia. This latter arrangement also
avoids the need and complication for students with similar
disabilities to re-enroll in another charter school providing the
needed service and ensures a charter school remains within the
statutory requirement to operate at a single site.

LEGISLATIVE HISTORY:  2012- Passed Senate (S.7122 of 2012) 2013 -
Rules 2014 - Passed Senate

FISCAL IMPLICATIONS:  None

EFFECTIVE DATE: Immediately.

2015-S2132 (ACTIVE) - Bill Text download pdf

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

                                  2132

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- 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  charter  schools
  providing special education and English Language Learner services

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

  Section 1. Subparagraph 2 of paragraph h of subdivision 4  of  section
1950  of  the  education  law,  as amended by chapter 422 of the laws of
2012, is amended to read as follows:
  (2) To enter into contracts with the United  States  of  America,  the
State of New York, any school district, community college, public insti-
tution  of higher education, independent institution of higher education
eligible for aid under section sixty-four hundred one of  this  chapter,
public libraries, CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS
TITLE, or public agency in relation to the program of the board of coop-
erative  educational  services,  and any such school district, community
college, institution of higher  education,  CHARTER  SCHOOL,  or  public
agency  is hereby authorized and empowered to do and perform any and all
acts necessary or convenient in relation to the performance of any  such
contracts.
  S  2.  Paragraph (b) 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)  An  education  corporation  organized to operate a charter school
shall have all corporate powers necessary and desirable for carrying out
a charter school program in accordance with the provisions of this arti-
cle, other applicable laws and regulations and the terms of the charter,
including all of the powers of an education corporation formed to  oper-
ate an elementary or secondary school and those powers granted under the
provisions  of the not-for-profit corporation law that are made applica-
ble to charter schools by section two hundred sixteen-a of this chapter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03992-02-5

S. 2132                             2

THESE POWERS SHALL ALSO INCLUDE THE ABILITY TO PROVIDE SPECIAL EDUCATION
AND ENGLISH LANGUAGE LEARNER PROGRAMS AND SERVICES TO STUDENTS  ENROLLED
AT  CHARTER  SCHOOLS  OPERATED  BY OTHER CHARTER SCHOOL EDUCATION CORPO-
RATIONS.  The powers of the trustees of the charter school shall include
those powers specified in section two hundred twenty-six of  this  chap-
ter.
  S 3. Paragraph (b-1) of subdivision 1 of section 2853 of the education
law is amended by adding a new subparagraph (C) to read as follows:
  (C)  A  CHARTER  SCHOOL  THAT  PROVIDES  PROGRAMS  AND SERVICES TO ITS
STUDENTS AT DIFFERENT LOCATIONS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
FOUR OF THIS SECTION SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE.
  S 4. 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
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,
WHICH  MAY  INCLUDE  ANOTHER  CHARTER  SCHOOL  OR A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES.  CHARTER SCHOOLS SHALL NOT  BE  ELIGIBLE  FOR  AID
PURSUANT  TO  SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS
TITLE.  A CHARTER SCHOOL MAY PROVIDE THESE  PROGRAMS  AND  SERVICES,  OR
PROGRAMS  AND  SERVICES  FOR  STUDENTS  WHO  ARE  IDENTIFIED  AS ENGLISH
LANGUAGE LEARNERS, ON SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED  AT
ANOTHER  SITE.    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.
  S 4-a. 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,
WHICH  MAY  INCLUDE  ANOTHER  CHARTER  SCHOOL  OR A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES.  CHARTER SCHOOLS SHALL NOT  BE  ELIGIBLE  FOR  AID
PURSUANT  TO  SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS
TITLE.  A CHARTER SCHOOL MAY PROVIDE THESE  PROGRAMS  AND  SERVICES,  OR
PROGRAMS  AND  SERVICES  FOR  STUDENTS  WHO  ARE  IDENTIFIED  AS ENGLISH

S. 2132                             3

LANGUAGE LEARNERS, ON SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED  AT
ANOTHER SITE.
  S  5.  This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 4 of section 2853 of  the
education  law  made  by  section  four of this act shall not affect the
expiration and reversion of such  paragraph  and  shall  expire  and  be
deemed repealed therewith, when upon such date the provisions of section
four-a of this act shall take effect.

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Senate Bill S2132

Sponsored By

Archive: Last Bill Status - Stricken

Jun 16, 2015 - Rules Committee Vote

Rules Committee Vote: Jun 16, 2015

2015-S2132 (ACTIVE) - Details

2015-S2132 (ACTIVE) - Summary

2015-S2132 (ACTIVE) - Sponsor Memo

2015-S2132 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2132

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - Stricken

2015-S2132 (ACTIVE) - Details

2015-S2132 (ACTIVE) - Summary

2015-S2132 (ACTIVE) - Sponsor Memo

2015-S2132 (ACTIVE) - Bill Text download pdf

Comments