S T A T E O F N E W Y O R K
________________________________________________________________________
5973
2015-2016 Regular Sessions
I N S E N A T E
June 14, 2015
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend chapter 91 of the laws of 2002 amending the education
law and other laws relating to the reorganization of the New York city
school construction authority, board of education and community
boards, in relation to the effectiveness of certain provisions of such
chapter; to amend chapter 345 of the laws of 2009 amending the educa-
tion law relating to the New York city board of education, chancellor,
community councils and community superintendents, in relation to the
effectiveness of certain provisions of such chapter; and to amend the
education law, in relation to the New York city community school
district system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 34 of chapter 91 of the laws of 2002 amending the
education law and other laws relating to the reorganization of the New
York city school construction authority, board of education and communi-
ty boards, as amended by chapter 345 of the laws of 2009, is amended to
read as follows:
S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2015] 2016; provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2015] 2016 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by section three of this act,
subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11632-04-5
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act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
S 2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law relating to the New York city board of educa-
tion, chancellor, community councils, and community superintendents, is
amended to read as follows:
12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2015] 2016.
S 3. Section 2851 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, A CHARTER SCHOOL
APPROVED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION
MAY APPLY AT ANY TIME TO ANOTHER CHARTER ENTITY DEFINED IN PARAGRAPH (B)
OR (C) OF SUBDIVISION THREE OF THIS SECTION TO REQUEST SUCH OTHER CHAR-
TER ENTITY TO OVERSEE AND SUPERVISE SUCH CHARTER SCHOOL. ALL OBLIGATIONS
OF THE CHANCELLOR TO OVERSEE AND SUPERVISE A CHARTER SCHOOL SHALL TERMI-
NATE UPON SUCH CHARTER SCHOOL ENTERING INTO A CHARTER AGREEMENT, AS
DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF
THIS ARTICLE, WITH ANOTHER CHARTER ENTITY, AND THE CHANCELLOR SHALL
PROVIDE IN A TIMELY FASHION INFORMATION RELEVANT TO THE CHARTER AS
REQUESTED BY SUCH OTHER CHARTER ENTITY.
S 4. Subdivisions 9 and 9-a of section 2852 of the education law,
subdivision 9 as amended and subdivision 9-a as added by chapter 101 of
the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
221 of the laws of 2010, paragraph (f) of subdivision 9-a as amended by
chapter 102 of the laws of 2010, are amended to read as follows:
9. The total number of charters issued pursuant to this article STATE-
WIDE shall not exceed four hundred sixty. (a) [One hundred of such
charters shall be issued on the recommendation of the charter entity
described in paragraph (b) of subdivision three of section twenty-eight
hundred fifty-one of this article; (b) one hundred 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; (c) up to fifty of the additional charters authorized to
be issued by the chapter of the laws of two thousand seven which amended
this subdivision 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; (d) one hundred thirty charters shall be issued by the
S. 5973 3
board of regents pursuant to a competitive process in accordance with
subdivision nine-a of this section, provided that no more than fifty-
seven of such charters shall be granted to a charter for a school to be
located in a city having a population of one million or more; (e) one
hundred thirty charters shall be issued by the board of regents on the
recommendation of the board of trustees of the state university of New
York pursuant to a competitive process in accordance with subdivision
nine-a of this section, provided that no more than fifty-seven of such
charters shall be granted to a charter for a school to be located in a
city having a population of one million or more] ALL CHARTERS ISSUED ON
OR AFTER FEBRUARY FIRST, TWO THOUSAND FIFTEEN AND COUNTED TOWARD THE
NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION SHALL BE ISSUED BY THE
BOARD OF REGENTS UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON
THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF
NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVI-
SION NINE-A OF THIS SECTION. The failure of any body to issue the regu-
lations authorized pursuant to this article shall not affect the author-
ity 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 exten-
sion of a charter APPROVED BY ANY CHARTER ENTITY shall not be counted
toward the numerical limits established by this subdivision.
(B) A CHARTER SCHOOL WHOSE CHARTER HAS BEEN SURRENDERED, REVOKED OR
TERMINATED, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF
ITS CHARTER ENTITY, SHALL NOT BE COUNTED TOWARD THE NUMERICAL LIMITS
ESTABLISHED BY THIS SUBDIVISION AND INSTEAD SHALL BE RETURNED TO THE
STATEWIDE POOL AND MAY BE REISSUED BY THE BOARD OF REGENTS EITHER UPON
APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF
THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A
COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS
SECTION.
(C) FOR PURPOSES OF DETERMINING THE TOTAL NUMBER OF CHARTERS ISSUED
WITHIN THE NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION, THE
APPROVAL DATE OF THE CHARTERING ENTITY SHALL BE THE DETERMINING FACTOR.
9-a. (a) The board of regents is hereby authorized and directed to
issue [two] UP TO FOUR hundred sixty charters UPON EITHER APPLICATIONS
SUBMITTED DIRECTLY TO THE BOARD OF REGENTS OR APPLICATIONS RECOMMENDED
BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursuant to
a competitive request for proposals process.
[(i) Commencing on August first, two thousand ten through September
first, two thousand thirteen, the board of regents and the board of
trustees of the state university of New York shall each issue a request
for proposals in accordance with this subdivision and this subparagraph:
(1) Each request for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on August
first, two thousand ten shall be for a maximum of thirty-two charters to
be issued for charter schools which would commence instructional opera-
tion by the September of the next calendar year.
(2) Each request for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on January
first, two thousand eleven shall be for a maximum of thirty-three char-
ters to be issued for charter schools which would commence instructional
operation by the September of the next calendar year.
(3) Each request for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on January
first, two thousand twelve shall be for a maximum of thirty-two charters
S. 5973 4
to be issued for charter schools which would commence instructional
operation by the September of the next calendar year.
(4) Each request for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on Septem-
ber first, two thousand thirteen shall be for a maximum of thirty-three
charters to be issued for charter schools which would commence instruc-
tional operation by the September of the next calendar year.
(ii) If after September first, two thousand thirteen, either the board
of regents or the board of trustees of the state university of New York
have any charters which have not yet been issued, they may be issued
pursuant to requests for proposals issued in each succeeding year, with-
out limitation as to when such requests for proposals may be issued, or
a limitation on the number of charters which may be issued.
(iii) Notwithstanding the provisions of clauses one, two, three and
four of subparagraph (i) of this paragraph and subparagraph (ii) of this
paragraph, if fewer charters are issued than were requested in such
request for proposals, the difference may be added to the number of
charters requested in the request for proposals issued in each succeed-
ing year.
(iv)] The board of regents shall make a determination to issue a char-
ter pursuant to a request for proposals no later than December thirty-
first of each year.
(b) The board of regents and the board of trustees of the state
university of New York shall each develop such request for proposals in
a manner that facilitates a thoughtful review of charter school applica-
tions, considers the demand for charter schools by the community, and
seeks to locate charter schools in a region or regions where there may
be a lack of alternatives and access to charter schools would provide
new alternatives within the local public education system that would
offer the greatest educational benefit to students. Applications shall
be evaluated in accordance with the criteria and objectives contained
within a request for proposals. The board of regents and the board of
trustees of the state university of New York shall not consider any
applications which do not rigorously demonstrate that they have met the
following criteria:
(i) that the proposed charter school would meet or exceed enrollment
and retention targets, as prescribed by the board of regents or the
board of trustees of the state university of New York, as applicable, of
students with disabilities, English language learners, and students who
are eligible applicants for the free and reduced price lunch program.
When developing such targets, the board of regents and the board of
trustees of the state university of New York, shall ensure (1) that such
enrollment targets are comparable to the enrollment figures of such
categories of students attending the public schools within the school
district, or in a city school district in a city having a population of
one million or more inhabitants, the community school district, in which
the proposed charter school would be located; and (2) that such
retention targets are comparable to the rate of retention of such cate-
gories of students attending the public schools within the school
district, or in a city school district in a city having a population of
one million or more inhabitants, the community school district, in which
the proposed charter school would be located; and
(ii) that the applicant has conducted public outreach, in conformity
with a thorough and meaningful public review process prescribed by the
board of regents and the board of trustees of the state university of
New York, to solicit community input regarding the proposed charter
S. 5973 5
school and to address comments received from the impacted community
concerning the educational and programmatic needs of students.
(c) The board of regents and the board of trustees of the state
university of New York shall grant priority based on a scoring rubric to
those applications that best demonstrate how they will achieve the
following objectives, and any additional objectives the board of regents
and the board of trustees of the state university of New York, may
prescribe:
(i) increasing student achievement and decreasing student achievement
gaps in reading/language arts and mathematics;
(ii) increasing high school graduation rates and focusing on serving
specific high school student populations including, but not limited to,
students at risk of not obtaining a high school diploma, re-enrolled
high school drop-outs, and students with academic skills below grade
level;
(iii) focusing on the academic achievement of middle school students
and preparing them for a successful transition to high school;
(iv) utilizing high-quality assessments designed to measure a
student's knowledge, understanding of, and ability to apply, critical
concepts through the use of a variety of item types and formats;
(v) increasing the acquisition, adoption, and use of local instruc-
tional improvement systems that provide teachers, principals, and admin-
istrators with the information and resources they need to inform and
improve their instructional practices, decision-making, and overall
effectiveness;
(vi) partnering with low performing public schools in the area to
share best educational practices and innovations;
(vii) demonstrating the management and leadership techniques necessary
to overcome initial start-up problems to establish a thriving, finan-
cially viable charter school;
(viii) demonstrating the support of the school district in which the
proposed charter school will be located and the intent to establish an
ongoing relationship with such school district.
(d) No later than November first, two thousand ten, and of each
succeeding year, after a thorough review of applications received, the
board of trustees of the state university of New York shall recommend
for approval to the board of regents the qualified applications that it
has determined rigorously demonstrate the criteria and best satisfy the
objectives contained within a request for proposals, along with support-
ing documentation outlining such determination.
(e) Upon receipt of a proposed charter to be issued pursuant to this
subdivision submitted by a charter entity, the board of regents or the
board of trustees of the state university of New York, shall review,
recommend and issue, as applicable, such charters in accordance with the
standards established in this subdivision.
(f) The board of regents shall be the only entity authorized to issue
a charter pursuant to this article. The board of regents shall consider
applications submitted directly to the board of regents and applications
recommended by the board of trustees of the state university of New
York. Provided, however, that all such recommended applications shall be
deemed approved and issued pursuant to the provisions of subdivisions
five, five-a and five-b of this section.
(g) Each application submitted in response to a request for proposals
pursuant to this subdivision shall also meet the application require-
ments set out in this article and any other applicable laws, rules and
regulations.
S. 5973 6
(h) During the development of a request for proposals pursuant to this
subdivision the board of regents and the board of trustees of the state
university of New York shall each afford the public an opportunity to
submit comments and shall review and consider the comments raised by all
interested parties.
S 5. Section 2590-q of the education law is amended by adding a new
subdivision 19 to read as follows:
19. WITH RESPECT TO SPECIAL, FEDERAL, STATE, AND PRIVATE FUNDS, THE
CHANCELLOR SHALL REPORT THE DISTRIBUTION OF SUCH FUNDS BY INDIVIDUAL
SCHOOL, AND ON A PER PUPIL BASIS FOR EACH INDIVIDUAL SCHOOL TO THE
GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY,
AND SPEAKER OF THE CITY COUNCIL ON OR BEFORE MAY FIRST OF EACH YEAR.
S 6. The opening paragraph of section 2590-r of the education law, as
amended by chapter 345 of the laws of 2009, is amended to read as
follows:
The chancellor shall, in consultation with the city board and communi-
ty district superintendents, establish in regulations a comprehensive
process of school-based budgeting and expenditure reporting no later
than November first, nineteen hundred ninety-eight. ANY REPORT PREPARED
IN ACCORDANCE WITH THIS SECTION SHALL BE PUBLICLY AVAILABLE ON THE
WEBSITE OF THE NEW YORK CITY DEPARTMENT OF EDUCATION. Notwithstanding
any provision of section twenty-five hundred ninety-q of this article to
the contrary, such regulations shall include provisions for:
S 7. Section 2590-g of the education law is amended by adding a new
subdivision 12-a to read as follows:
12-A. PROVIDE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING
ALL MATTERS RELATING TO THE CITY DISTRICT, AS REQUESTED BY MEMBERS AND
OFFICERS OF THE SENATE, ASSEMBLY, AND GOVERNOR'S OFFICE, IN A TIMELY
FASHION. SUCH INFORMATION SHALL BE MAINTAINED AND UPDATED IN A TIMELY
FASHION AND SHALL AT A MINIMUM INCLUDE DATA RELATING TO: (A) NEW YORK
CITY DEPARTMENT OF EDUCATION SCHOOL CHARACTERISTICS INCLUDING GRADES
SERVED, NUMBER OF TEACHERS, STUDENT ENROLLMENT, SCHOOL TYPE, SCHOOL
CHARACTERISTICS, QUALITY REVIEW SCORES, GRADUATION RATES AND AVERAGE
CLASS SIZE; (B) NEW YORK CITY DEPARTMENT OF EDUCATION PRINCIPAL CHARAC-
TERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION LEVEL, YEARS OF
EXPERIENCE AND TENURE STATUS; (C) NEW YORK CITY DEPARTMENT OF EDUCATION
TEACHER CHARACTERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION
LEVEL, YEARS OF TEACHING EXPERIENCE, TENURE STATUS, SUBJECT AREA TAUGHT,
NUMBER OF STUDENTS TAUGHT, NUMBER OF CLASSES TAUGHT PER DAY AND ATTRI-
TION RATE; (D) NEW YORK CITY DEPARTMENT OF EDUCATION STUDENT CHARACTER-
ISTICS INCLUDING GRADE LEVEL, SCHOOL ATTENDANCE, AND OTHER DEMOGRAPHICS;
(E) GIFTED AND TALENTED PROGRAMS APPLICATION DATA INCLUDING ADMISSION
DECISIONS, STUDENT DEMOGRAPHICS AND STUDENT TEST SCORES; (F) PRE-KINDER-
GARTEN PROGRAMS INCLUDING PROGRAM LOCATIONS, CAPACITY, STUDENT ENROLL-
MENT, NUMBER OF TEACHERS, TEACHER CHARACTERISTICS, STUDENT ATTENDANCE,
STUDENT DEMOGRAPHICS AND EFFECTIVENESS DATA; (G) FUNDING FOR NEW YORK
CITY DEPARTMENT OF EDUCATION SCHOOLS INCLUDING DEPARTMENT FUNDING BY
DOLLARS, EXPENDITURES BY CATEGORY AND EXTERNAL FUNDING IN DOLLARS; (H)
FUNDING FOR NEW YORK CITY DEPARTMENT OF EDUCATION PROGRAMS INCLUDING
DEPARTMENT FUNDING IN DOLLARS, AND EXTERNAL FUNDING IN DOLLARS; AND (I)
GENERAL NEW YORK CITY DEPARTMENT OF EDUCATION BUDGET. PROVIDED, HOWEVER,
THAT ALL INQUIRIES MADE IN ACCORDANCE WITH THIS SUBDIVISION SHALL COMPLY
WITH APPLICABLE STATE AND FEDERAL PRIVACY LAWS.
S 8. Paragraph (b) of subdivision 2 of section 2854 of the education
law, as amended by chapter 101 of the laws of 2010, is amended and a new
paragraph (b-1) is added to read as follows:
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(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 predominately 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.
(B-1) THE SCHOOL MAY OFFER AN ENROLLMENT PREFERENCE TO PUPILS WHO ARE
THE CHILDREN OF EMPLOYEES OF THE CHARTER SCHOOL, THE EDUCATION CORPO-
RATION, OR THE CHARTER MANAGEMENT ORGANIZATION FOR SUCH CHARTER SCHOOL;
PROVIDED THAT ANY ENROLLMENT PREFERENCES OFFERED PURSUANT TO THIS PARA-
GRAPH SHALL NOT TOGETHER EXCEED TWENTY PERCENT OF NEWLY ADMITTED
STUDENTS IN THE APPLICABLE SCHOOL YEAR.
(B-2) 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 (a) 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.
S 9. Paragraph (a-1) of subdivision 3 of section 2854 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(a-1) The board of trustees of a charter school shall employ and
contract with necessary teachers, administrators and other school
personnel. Such teachers shall be certified in accordance with the
requirements applicable to other public schools; provided, however, that
a charter school may employ as teachers (i) uncertified teachers with at
least three years of elementary, middle or secondary classroom teaching
experience; (ii) tenured or tenure track college faculty; (iii) individ-
uals with two years of satisfactory experience through the Teach for
America program; and (iv) individuals who possess exceptional business,
professional, artistic, athletic, or military experience, provided,
however, that such teachers described in clauses (i), (ii), (iii), and
(iv) of this paragraph shall not in total comprise more than thirty per
centum of the teaching staff of a charter school, or five teachers,
whichever is [less] GREATER. A teacher certified or otherwise approved
by the commissioner shall not be included in the numerical limits estab-
lished by the preceding sentence.
S 10. Pursuant to a schedule to be developed by the director of the
budget, the mayor of the city of New York shall submit an education
budget plan, including the overall education funding amount and funding
distribution policy, in a form to be developed by the director of the
budget, demonstrating how the mayor's proposed education budget will
target resources at schools serving students with higher needs to
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improve student achievement city-wide. Such education budget plan must
be approved by the director of the budget, the temporary president of
the senate, and the speaker of the assembly prior to the mayor's
submission of a proposed executive budget to the New York city council.
The final adopted budget, as well as any subsequent modifications, shall
be consistent with the approved education budget plan unless any changes
are approved by the director of the budget, the temporary president of
the senate, and the speaker of the assembly.
S 11. This act shall take effect immediately; provided that:
1. The amendments to section 2590-q of the education law made by
section five of this act shall be deemed to have been in full force and
effect on and after January 1, 2012, and shall not affect the expiration
of such section and shall expire therewith;
2. The amendments to section 2590-r of the education law made by
section six of this act shall be deemed to have been in full force and
effect on and after January 1, 2012, and shall not affect the expiration
of such section and shall expire therewith;
3. The amendments to section 2590-g of the education law made by
section seven of this act shall be deemed to have been in full force and
effect on and after January 1, 2012, and shall not affect the expiration
of such section and shall expire therewith.
