Assembly Bill A11310

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

                                  11310

                          I N  A S S E M B L Y

                              May 28, 2010
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
  Silver, Benjamin, Bing, Camara, Clark,  Espaillat,  Galef,  Gottfried,
  Hikind,  Hoyt, Jeffries, Morelle, Powell) -- (at request of the Gover-
  nor) -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to charter schools

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

  Section  1.  Subdivision  1  of  section 2851 of the education law, as
added by chapter 4 of the laws of 1998, is amended to read as follows:
  1. An application to establish a charter school may  be  submitted  by
teachers,  parents,  school  administrators,  community residents or any
combination thereof.  Such application may be filed in conjunction  with
a  college,  university, museum, educational institution, not-for-profit
corporation exempt from taxation under paragraph 3 of subsection (c)  of
section  501  of  the  internal  revenue  code or for-profit business or
corporate entity authorized to do business in New York  state.  PROVIDED
HOWEVER, FOR-PROFIT BUSINESS OR CORPORATE ENTITIES SHALL NOT BE ELIGIBLE
TO  SUBMIT  AN  APPLICATION  TO  ESTABLISH  A CHARTER SCHOOL PURSUANT TO
SUBDIVISION NINE-A OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-TWO  OF  THIS
ARTICLE,  OR  OPERATE  OR  MANAGE  A CHARTER SCHOOL FOR A CHARTER ISSUED
PURSUANT TO SUBDIVISION NINE-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO
OF THIS ARTICLE. For charter schools established in conjunction  with  a
for-profit  business  or corporate entity, the charter shall specify the
extent of the entity's participation in the management and operation  of
the school.
  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 MONTHLY BOARD OF TRUSTEE MEETINGS AT  EACH  CHARTER  SCHOOL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17477-11-0
              

A. 11310                            2

and  the  processes to be followed by the school to promote parental and
staff involvement in school governance.
  S  3.  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:
  (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.
  S  4.  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
years; PROVIDED HOWEVER, IN THE CASE  OF  CHARTERS  ISSUED  PURSUANT  TO
SUBDIVISION  NINE-A  OF  SECTION  TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS
ARTICLE THE TERM OF SUCH PROPOSED CHARTER SHALL NOT EXCEED FIVE 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 5. Subdivision 3 of section 2851 of the education law, as  added  by
chapter  4 of the laws of 1998, paragraph (a) as amended by section 6 of
part B of chapter 57 of the laws of 2008, is amended to read as follows:
  3. An applicant shall submit the application to a charter  entity  for
approval. For purposes of this article, a charter entity shall be:
  (a) The board of education of a school district eligible for an appor-
tionment of aid under subdivision four of section thirty-six hundred two
of this chapter, provided that a board of education shall not approve an
application  for  a  school to be operated outside the school district's
geographic boundaries and further provided that in a city having a popu-
lation of one million or more, the chancellor of any  such  city  school
district shall be the charter entity established by this paragraph;
  (b) The board of trustees of the state university of New York; or
  (c) The board of regents.
  The  board  of  regents shall be the only entity authorized to issue a
charter pursuant to this article. Notwithstanding any provision of  this
subdivision  to  the  contrary,  an application for the conversion of an
existing public school to a charter school shall be  submitted  to,  and
may  only  be approved by, the charter entity set forth in paragraph (a)
of this subdivision. [Any] NOTWITHSTANDING ANY LAW, RULE  OR  REGULATION
TO THE CONTRARY, ANY such application for conversion shall be consistent
with  this  section  BUT SHALL NOT BE SUBJECT TO THE PROCESS PURSUANT TO
SUBDIVISION NINE-A OF SECTION TWENTY-EIGHT  HUNDRED  FIFTY-TWO  OF  THIS
ARTICLE, and the charter entity shall require that the parents or guard-
ians  of a majority of the students then enrolled in the existing public
school vote in favor of converting the school to a charter school.
  S 6. Subdivision 4 of section 2851 of the education law is amended  by
adding a new paragraph (e) to read as follows:
  (E)  THE MEANS BY WHICH THE CHARTER SCHOOL WILL MEET OR EXCEED ENROLL-
MENT 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
WHICH  SHALL BE CONSIDERED BY THE CHARTER ENTITY PRIOR TO APPROVING SUCH
CHARTER SCHOOL'S APPLICATION FOR RENEWAL. WHEN DEVELOPING SUCH  TARGETS,
THE  BOARD  OF REGENTS AND THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY

A. 11310                            3

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 CHARTER SCHOOL IS  LOCATED;  AND
(2)  THAT SUCH RETENTION TARGETS ARE COMPARABLE TO THE RATE OF RETENTION
OF SUCH CATEGORIES OF STUDENTS ATTENDING THE PUBLIC SCHOOLS  WITHIN  THE
SCHOOL  DISTRICT,  OR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION  OF  ONE  MILLION  OR  MORE  INHABITANTS,  THE  COMMUNITY  SCHOOL
DISTRICT, IN WHICH THE PROPOSED CHARTER SCHOOL WOULD BE LOCATED.
  S 7. Subdivision 1 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:
  1. A charter entity that receives an application  for  approval  of  a
charter school shall act on each request received prior to July first of
a  calendar  year  on or before January first of the succeeding calendar
year, and a proposed charter between the applicant and the charter enti-
ty resulting from such application shall be executed on or before Febru-
ary first of such succeeding year.  Nothing in this subdivision shall be
construed to prevent a charter entity from receiving or acting  upon  an
application  at  any time.  THIS SUBDIVISION SHALL NOT APPLY TO APPLICA-
TIONS THAT ARE SUBMITTED PURSUANT TO SUBDIVISION NINE-A OF THIS SECTION.
  S 8. Subdivision 5 of section 2852 of the education law, as  added  by
chapter 4 of the laws of 1998, is amended to read as follows:
  5.  Upon approval of an application by a charter entity, the applicant
and charter entity shall enter into a proposed  agreement  allowing  the
applicants to organize and operate a charter school. Such written agree-
ment,  known  as the charter, shall include (a) the information required
by subdivision two of section twenty-eight  hundred  fifty-one  of  this
article, as modified or supplemented during the approval process, (b) IN
THE CASE OF CHARTERS TO BE ISSUED PURSUANT TO SUBDIVISION NINE-A OF THIS
SECTION,  INFORMATION  REQUIRED BY SUCH SUBDIVISION, (C) any other terms
or conditions required by applicable laws, rules  and  regulations,  and
[(c)]  (D)  any  other  terms  or conditions, not inconsistent with law,
agreed upon by the applicant and the charter entity.  In  addition,  the
charter  shall  include  the  specific commitments of the charter entity
relating to its obligations to oversee and supervise the charter school.
Within five days after entering into a  proposed  charter,  the  charter
entity  other  than  the  board  of regents shall submit to the board of
regents a copy of the charter, the application and supporting documenta-
tion for final approval and issuance by the board of regents in  accord-
ance with subdivisions five-a and five-b of this section.
  S  9. Subdivision 5-a 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:
  5-a. Upon receipt of a proposed charter submitted by a charter entity,
the  board  of  regents shall review such proposed charter in accordance
with the standards set forth in subdivision two of this section, AND ANY
OTHER APPLICABLE SPECIFICATIONS REQUIRED BY THIS ARTICLE.  The board  of
regents  shall  either  (a) approve and issue the charter as proposed by
the charter entity or (b) return the proposed  charter  to  the  charter
entity for reconsideration with the written comments and recommendations
of  the  board  of regents. If the board of regents fails to act on such
proposed charter within ninety days of its submission to  the  board  of
regents  in  accordance with the previous sentence, the proposed charter

A. 11310                            4

shall be deemed to have been approved and issued by the board of regents
at the expiration of such period.
  S 10. Intentionally omitted.
  S  11.  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.  (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[, and]; (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[, provided that]; (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  popu-
lation  of one million or more; (D) ONE HUNDRED THIRTY CHARTERS SHALL BE
ISSUED BY THE 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.  The
failure of any body to issue the regulations authorized pursuant 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 charter
shall not be counted toward the numerical  limits  established  by  this
subdivision.
  S  12.  Section  2852  of the education law is amended by adding a new
subdivision 9-a to read as follows:
  9-A. (A) THE BOARD OF REGENTS IS HEREBY  AUTHORIZED  AND  DIRECTED  TO
ISSUE  TWO  HUNDRED SIXTY CHARTERS PURSUANT TO A COMPETITIVE REQUEST FOR
PROPOSALS PROCESS.
  (I) COMMENCING ON AUGUST FIRST, TWO THOUSAND TEN, 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

A. 11310                            5

FIRST, TWO THOUSAND TWELVE SHALL BE FOR A MAXIMUM OF THIRTY-TWO CHARTERS
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) NOTWITHSTANDING THE PROVISIONS OF CLAUSES  ONE,  TWO,  THREE  AND
FOUR OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, IF FEWER CHARTERS ARE ISSUED
THAN  WERE REQUESTED IN THE REQUEST FOR PROPOSALS, THE DIFFERENCE MAY BE
ADDED TO THE NUMBER OF CHARTERS REQUESTED IN THE REQUEST  FOR  PROPOSALS
IN THE SUCCEEDING YEAR.
  (III) 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
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

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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.
  (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.
  (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  13. 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. 11310                            7

  (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 years, PROVIDED HOWEVER IN THE CASE
OF   CHARTERS   ISSUED   PURSUANT   TO  SUBDIVISION  NINE-A  OF  SECTION
TWENTY-EIGHT  HUNDRED  FIFTY-TWO  OF  THIS  ARTICLE THE BOARD OF REGENTS
SHALL INCORPORATE THE CHARTER SCHOOL AS AN EDUCATION CORPORATION  FOR  A
TERM NOT TO EXCEED FIVE 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 years. Upon termination or
nonrenewal of the charter of a charter school pursuant to section  twen-
ty-eight hundred fifty-five of this article, the certificate of incorpo-
ration  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 trustees 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  14.  Paragraph (b-1) of subdivision 1 of section 2853 of the educa-
tion 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 house any grade at more
than one site, provided that A CHARTER MUST  BE  ISSUED  FOR  EACH  SUCH
ADDITIONAL  SCHOOL  OR  SITE IN ACCORDANCE WITH THE REQUIREMENTS FOR THE
ISSUANCE OF A CHARTER PURSUANT TO THIS ARTICLE AND THAT EACH SUCH  ADDI-
TIONAL SCHOOL OR SITE SHALL COUNT AS A CHARTER ISSUED PURSUANT TO SUBDI-
VISION  NINE  OF SECTION TWENTY EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE;
AND PROVIDED FURTHER THAT:
  (A) 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 operating at a single site.
  S  15. Paragraph (a) of subdivision 3 of section 2853 of the education
law, as amended by section 4 of part D-2 of chapter 57 of  the  laws  of
2007,  is amended and five new paragraphs (a-1), (a-2), (a-3), (a-4) and
(a-5) are added to read as follows:
  (a) A charter school may be located in  part  of  an  existing  public
school  building,  in space provided on a private work site, in a public
building or in any other suitable location. Provided, however, before  a
charter  school  may  be  located  in  part of an existing public school
building, the charter entity shall provide  notice  to  the  parents  or
guardians  of the students then enrolled in the existing school building
and shall hold a public hearing for purposes of discussing the  location
of  the  charter  school.  A  charter  school may own, lease or rent its

A. 11310                            8

space. [For purposes of local zoning, land use regulation  and  building
code compliance, a charter school shall be deemed a nonpublic school.]
  (A-1)  (I)  FOR  CHARTERS  ISSUED  PURSUANT  TO  SUBDIVISION NINE-A OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE LOCATED OUTSIDE A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
MORE  INHABITANTS, THE DEPARTMENT SHALL APPROVE PLANS AND SPECIFICATIONS
AND ISSUE CERTIFICATES OF OCCUPANCY FOR SUCH CHARTER SCHOOLS. SUCH CHAR-
TER SCHOOLS SHALL COMPLY WITH ALL DEPARTMENT HEALTH, SANITARY, AND SAFE-
TY REQUIREMENTS APPLICABLE TO FACILITIES AND SHALL BE TREATED  THE  SAME
AS  OTHER  PUBLIC  SCHOOLS  FOR PURPOSES OF LOCAL ZONING, LAND USE REGU-
LATION AND BUILDING CODE COMPLIANCE. PROVIDED HOWEVER, THAT THE  DEPART-
MENT  SHALL BE AUTHORIZED TO GRANT SPECIFIC EXEMPTIONS FROM THE REQUIRE-
MENTS  OF  THIS  PARAGRAPH  TO  CHARTER  SCHOOLS  UPON  A  SHOWING  THAT
COMPLIANCE  WITH SUCH REQUIREMENTS CREATES AN UNDUE ECONOMIC HARDSHIP OR
THAT SOME OTHER GOOD CAUSE EXISTS THAT MAKES COMPLIANCE WITH THIS  PARA-
GRAPH EXTREMELY IMPRACTICAL. A DEMONSTRATED EFFORT TO OVERCOME THE STAT-
ED OBSTACLES MUST BE PROVIDED.
  (II)  IN  A  CITY  SCHOOL  DISTRICT IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE, ALL CHARTERS AUTHORIZED TO BE ISSUED BY THE CHAPTER  OF
THE  LAWS  OF  TWO  THOUSAND TEN WHICH AMENDED THIS SUBDIVISION SHALL BE
OBLIGATED TO COMPLY WITH THE DEPARTMENT'S HEALTH,  SAFETY  AND  SANITARY
REQUIREMENTS  APPLICABLE TO FACILITIES TO THE SAME EXTENT AS NON-CHARTER
PUBLIC SCHOOLS IN SUCH A CITY SCHOOL DISTRICT.
  (A-2) A CHARTER SCHOOL SHALL BE DEEMED A NONPUBLIC SCHOOL FOR PURPOSES
OF LOCAL ZONING, LAND USE REGULATION AND BUILDING CODE COMPLIANCE IF  IT
HAS  BEEN  GRANTED  AN EXEMPTION BY THE DEPARTMENT PURSUANT TO PARAGRAPH
(A-1) OF THIS SUBDIVISION OR IF ITS CHARTER WAS NOT ISSUED  PURSUANT  TO
SUBDIVISION  NINE-A  OF  SECTION  TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS
ARTICLE.
  (A-3)(1) BEFORE A CHARTER SCHOOL MAY BE LOCATED OR  CO-LOCATED  IN  AN
EXISTING  PUBLIC  SCHOOL  BUILDING  IN  A CITY SCHOOL DISTRICT IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS,  THE  CHANCELLOR
SHALL  IDENTIFY WHICH PUBLIC SCHOOL BUILDINGS MAY BE SUBJECT TO LOCATION
OR CO-LOCATION, PROVIDE THE RATIONALE  AS  TO  WHY  SUCH  PUBLIC  SCHOOL
BUILDING  IS  IDENTIFIED  FOR LOCATION OR CO-LOCATION AND SHALL MAKE ALL
SUCH INFORMATION PUBLICLY AVAILABLE,  INCLUDING  VIA  THE  CITY  BOARD'S
OFFICIAL  INTERNET  WEBSITE.   IN ADDITION, THE CHANCELLOR SHALL PROVIDE
WIDESPREAD NOTICE OF SUCH INFORMATION INCLUDING TO THE COMMUNITY  SUPER-
INTENDENT,  COMMUNITY  DISTRICT  EDUCATION  COUNCIL AND THE SCHOOL-BASED
MANAGEMENT TEAM.  AFTER A PUBLIC SCHOOL BUILDING HAS BEEN SELECTED FOR A
PROPOSED LOCATION OR CO-LOCATION, THE CHANCELLOR SHALL DEVELOP A  BUILD-
ING USAGE PLAN IN ACCORDANCE WITH THIS PARAGRAPH.
  (2)  THE  BUILDING USAGE PLAN SHALL BE DEVELOPED BY THE CHANCELLOR FOR
EACH SCHOOL THAT HAS BEEN DEFINITIVELY  IDENTIFIED  FOR  A  LOCATION  OR
CO-LOCATION.    THE  BUILDING  USAGE PLAN SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, THE FOLLOWING INFORMATION:
  (A) THE ACTUAL ALLOCATION AND SHARING OF CLASSROOM AND  ADMINISTRATIVE
SPACE BETWEEN THE CHARTER AND NON-CHARTER SCHOOLS;
  (B)  A  PROPOSAL  FOR  THE COLLABORATIVE USAGE OF SHARED RESOURCES AND
SPACES BETWEEN THE CHARTER SCHOOL AND THE NON-CHARTER SCHOOLS, INCLUDING
BUT NOT LIMITED TO, CAFETERIAS, LIBRARIES, GYMNASIUMS  AND  RECREATIONAL
SPACES,  INCLUDING  PLAYGROUNDS  WHICH  ASSURES EQUITABLE ACCESS TO SUCH
FACILITIES IN A SIMILAR MANNER AND AT REASONABLE  TIMES  TO  NON-CHARTER
SCHOOL STUDENTS AS PROVIDED TO CHARTER SCHOOL STUDENTS;
  (C)  JUSTIFICATION  OF THE FEASIBILITY OF THE PROPOSED ALLOCATIONS AND
SCHEDULES SET FORTH IN CLAUSES (A) AND (B) OF THIS SUBPARAGRAPH AND  HOW

A. 11310                            9

SUCH  PROPOSED ALLOCATIONS AND SHARED USAGE WOULD RESULT IN AN EQUITABLE
AND COMPARABLE USE OF SUCH PUBLIC SCHOOL BUILDING;
  (D) BUILDING SAFETY AND SECURITY;
  (E) COMMUNICATION STRATEGIES TO BE USED BY THE CO-LOCATED SCHOOLS; AND
  (F)  COLLABORATIVE DECISION-MAKING STRATEGIES TO BE USED BY THE CO-LO-
CATED SCHOOLS INCLUDING THE ESTABLISHMENT OF A  SHARED  SPACE  COMMITTEE
PURSUANT TO PARAGRAPH (A-FOUR) OF THIS SUBDIVISION.
  (3)  A  BUILDING  USAGE PLAN DEVELOPED BY THE CHANCELLOR IN ACCORDANCE
WITH THIS PARAGRAPH SHALL BE  INCLUDED  WITHIN  THE  EDUCATIONAL  IMPACT
STATEMENT  REQUIRED  BY  PARAGRAPH  (B)  OF SUBDIVISION TWO-A OF SECTION
TWENTY-FIVE HUNDRED NINETY-H  OF  THIS  TITLE  AND  BE  SUBJECT  TO  THE
REQUIREMENTS  OF  SUBDIVISION TWO-A OF SUCH SECTION PRIOR TO APPROVAL BY
THE BOARD OF EDUCATION PURSUANT TO PARAGRAPH H  OF  SUBDIVISION  ONE  OF
SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS TITLE.
  (4)  A  BUILDING  USAGE PLAN DEVELOPED BY THE CHANCELLOR IN ACCORDANCE
WITH THIS PARAGRAPH MAY BE REVISED AND SUCH REVISION SHALL REQUIRE BOARD
OF EDUCATION APPROVAL  CONSISTENT  WITH  THE  REQUIREMENTS  PURSUANT  TO
SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS TITLE.
  (5)  THE  BUILDING  USAGE PLAN SHALL BE MADE PUBLICLY AVAILABLE BY THE
CHANCELLOR, INCLUDING VIA THE CITY BOARD'S  OFFICIAL  INTERNET  WEBSITE,
AND  A COPY SHALL ALSO BE FILED WITH THE CITY BOARD, THE IMPACTED COMMU-
NITY DISTRICT EDUCATION COUNCIL, COMMUNITY BOARDS, COMMUNITY SUPERINTEN-
DENT, AND SCHOOL BASED MANAGEMENT TEAM.
  (A-4) IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE
MILLION  OR  MORE  INHABITANTS, A SHARED SPACE COMMITTEE SHALL BE ESTAB-
LISHED IN EACH PUBLIC SCHOOL BUILDING  IN  WHICH  ONE  OR  MORE  CHARTER
SCHOOLS  ARE  LOCATED OR CO-LOCATED WITHIN A PUBLIC SCHOOL BUILDING WITH
NON-CHARTER  PUBLIC  SCHOOLS.  THE  SHARED  SPACE  COMMITTEE  SHALL   BE
COMPRISED  OF  THE PRINCIPAL, A TEACHER, AND A PARENT OF EACH CO-LOCATED
SCHOOL. SUCH COMMITTEE SHALL CONDUCT REGULAR  MEETINGS,  AT  LEAST  FOUR
TIMES  PER  SCHOOL  YEAR, TO REVIEW IMPLEMENTATION OF THE BUILDING USAGE
PLAN DEVELOPED PURSUANT TO PARAGRAPH (A-THREE) OF THIS SUBDIVISION.
  (A-5) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN A CITY  SCHOOL
DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABIT-
ANTS, THE DETERMINATION TO LOCATE OR CO-LOCATE A CHARTER SCHOOL WITHIN A
PUBLIC SCHOOL BUILDING AND THE IMPLEMENTATION OF AND COMPLIANCE WITH THE
BUILDING USAGE PLAN DEVELOPED PURSUANT TO PARAGRAPH  (A-THREE)  OF  THIS
SUBDIVISION  THAT  HAS  BEEN  APPROVED BY THE BOARD OF EDUCATION OF SUCH
CITY SCHOOL DISTRICT PURSUANT TO PARAGRAPH (H)  OF  SUBDIVISION  ONE  OF
SECTION  TWENTY-FIVE HUNDRED NINETY-G OF THIS TITLE AND AFTER SATISFYING
THE REQUIREMENTS OF SUBDIVISION TWO-A  OF  SECTION  TWENTY-FIVE  HUNDRED
NINETY-H  OF  THIS TITLE MAY BE APPEALED TO THE COMMISSIONER PURSUANT TO
SECTION THREE HUNDRED TEN  OF  THIS  CHAPTER.    PROVIDED  FURTHER,  THE
REVISION  OF  A  BUILDING  USAGE PLAN APPROVED BY THE BOARD OF EDUCATION
CONSISTENT WITH  THE  REQUIREMENTS  PURSUANT  TO  SUBDIVISION  SEVEN  OF
SECTION  TWENTY-FIVE HUNDRED NINETY-G OF THIS TITLE MAY ALSO BE APPEALED
TO THE COMMISSIONER ON THE GROUNDS THAT SUCH REVISION FAILS TO MEET  THE
STANDARDS SET FORTH IN CLAUSE (B) OF SUBPARAGRAPH TWO OF PARAGRAPH (A-3)
OF  THIS SUBDIVISION.   FOLLOWING A PETITION FOR SUCH APPEAL PURSUANT TO
THIS PARAGRAPH, SUCH  CITY  SCHOOL  DISTRICT  SHALL  HAVE  TEN  DAYS  TO
RESPOND.  THE  PETITION MUST BE DISMISSED, ADJUDICATED OR DISPOSED OF BY
THE COMMISSIONER WITHIN TEN DAYS OF  THE  RECEIPT  OF  THE  CITY  SCHOOL
DISTRICT'S RESPONSE.
  S 16. Subdivision 3 of section 2853 of the education law is amended by
adding a new paragraph (d) to read as follows:

A. 11310                           10

  (D)  NOTWITHSTANDING  ANY  OTHER  PROVISION TO THE CONTRARY, IN A CITY
SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR  MORE
INHABITANTS, THE CHANCELLOR MUST FIRST AUTHORIZE IN WRITING ANY PROPOSED
CAPITAL  IMPROVEMENTS  OR  FACILITY  UPGRADES IN EXCESS OF FIVE THOUSAND
DOLLARS,  REGARDLESS  OF  THE SOURCE OF FUNDING, MADE TO ACCOMMODATE THE
CO-LOCATION OF A CHARTER SCHOOL WITHIN A PUBLIC SCHOOL  BUILDING.    FOR
ANY  SUCH  IMPROVEMENTS OR UPGRADES THAT HAVE BEEN APPROVED BY THE CHAN-
CELLOR, CAPITAL IMPROVEMENTS OR FACILITY UPGRADES SHALL BE  MADE  IN  AN
AMOUNT EQUAL TO THE EXPENDITURE OF THE CHARTER SCHOOL FOR EACH NON-CHAR-
TER  PUBLIC  SCHOOL  WITHIN THE PUBLIC SCHOOL BUILDING.  FOR ANY CAPITAL
IMPROVEMENTS OR FACILITY UPGRADES IN EXCESS  OF  FIVE  THOUSAND  DOLLARS
THAT  HAVE  BEEN APPROVED BY THE CHANCELLOR, REGARDLESS OF THE SOURCE OF
FUNDING, MADE IN A CHARTER SCHOOL THAT IS ALREADY  CO-LOCATED  WITHIN  A
PUBLIC  SCHOOL  BUILDING,  MATCHING  CAPITAL  IMPROVEMENTS  OR  FACILITY
UPGRADES SHALL BE MADE IN AN AMOUNT EQUAL  TO  THE  EXPENDITURE  OF  THE
CHARTER  SCHOOL  FOR  EACH  NON-CHARTER  PUBLIC SCHOOL WITHIN THE PUBLIC
SCHOOL BUILDING WITHIN THREE MONTHS OF SUCH IMPROVEMENTS OR UPGRADES.
  S 17. Paragraph (c) of subdivision 1 of section 2854 of the  education
law,  as  amended by chapter 267 of the laws of 2005, is amended to read
as follows:
  (c) A charter school shall be subject to  the  financial  audits,  the
audit  procedures,  and  the audit requirements set forth in the charter
and shall be subject to audits of  the  comptroller  [as  set  forth  in
section  thirty-three  of the general municipal law] OF THE STATE OF NEW
YORK AT HIS OR HER DISCRETION. Such procedures and  standards  shall  be
consistent with generally accepted accounting and audit standards. Inde-
pendent fiscal audits shall be required at least once annually.
  S 18. 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 19.  Paragraph (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, is amended to read as follows:
  (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.  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

A. 11310                           11

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  20. Paragraph (a) 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, 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  charter
school  shall  demonstrate  good  faith  efforts to attract and retain a
comparable or greater enrollment  of  students  with  disabilities  [and
limited],  English  [proficient] 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.  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 denomina-
tional tenet or doctrine would be taught.
  S 21. Subdivision 1 of section 2855 of the education law, as added  by
chapter 4 of the laws of 1998, is amended to read as follows:
  1.  The charter entity, or the board of regents, may terminate a char-
ter upon any of the following grounds:
  (a) When a charter school's outcome  on  student  assessment  measures
adopted  by  the board of regents falls below the level that would allow
the commissioner to revoke the registration of  another  public  school,
and  student achievement on such measures has not shown improvement over
the preceding three school years[:];
  (b) Serious violations of law;
  (c) Material and  substantial  violation  of  the  charter,  including
fiscal mismanagement; [or]
  (d)  When  the public employment relations board makes a determination
that the charter school demonstrates a practice and pattern of egregious
and intentional violations of subdivision one  of  section  two  hundred
nine-a of the civil service law involving interference with or discrimi-
nation  against  employee  rights  under  article  fourteen of the civil
service law[.]; OR
  (E) REPEATED FAILURE TO COMPLY WITH THE REQUIREMENT TO MEET OR  EXCEED
ENROLLMENT  AND RETENTION TARGETS OF STUDENTS WITH DISABILITIES, ENGLISH
LANGUAGE LEARNERS, AND STUDENTS WHO ARE ELIGIBLE APPLICANTS FOR THE FREE
AND REDUCED PRICE LUNCH PROGRAM PURSUANT TO TARGETS ESTABLISHED  BY  THE
BOARD OF REGENTS OR THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW

A. 11310                           12

YORK, AS APPLICABLE.  PROVIDED, HOWEVER, IF NO GROUNDS FOR TERMINATING A
CHARTER  ARE ESTABLISHED PURSUANT TO THIS SECTION OTHER THAN PURSUANT TO
THIS PARAGRAPH, AND THE CHARTER SCHOOL DEMONSTRATES  THAT  IT  HAS  MADE
EXTENSIVE  EFFORTS  TO  RECRUIT  AND  RETAIN  SUCH  STUDENTS,  INCLUDING
OUTREACH TO PARENTS AND FAMILIES IN THE SURROUNDING COMMUNITIES,  WIDELY
PUBLICIZING  THE  LOTTERY  FOR  SUCH SCHOOL, AND EFFORTS TO ACADEMICALLY
SUPPORT SUCH STUDENTS IN SUCH CHARTER SCHOOL, THEN THE CHARTER ENTITY OR
BOARD OF REGENTS MAY RETAIN SUCH CHARTER.
  S 22. 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:
  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 WEBSITE.  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  AND  ANY  AUDIT CONDUCTED BY THE COMPTROLLER OF THE STATE OF NEW
YORK.
  S 23. Subdivision 2 of section 2857 of the education law,  as  amended
by section twenty-two of this act, is amended to read as follows:
  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 website.  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

A. 11310                           13

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 and any audit conducted by the comptroller of the  state  of  New
York.
  (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
MEET  OR  EXCEED  ENROLLMENT  AND  RETENTION TARGETS SET 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 ESTABLISHED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION  FOUR
OF SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE.
  S 24. 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 THEREFOR INCLUD-
ING, BUT NOT LIMITED TO, NON-RENEWAL OF THE CHARTER OR REVOCATION OF THE
CHARTER;
  S 25. 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  26. Paragraph (a) of subdivision 15 of section 2590-h of the educa-
tion law, as amended by chapter 345 of the laws of 2009, is  amended  to
read as follows:
  (a)  establishing a parents' association or a parent-teachers' associ-
ation in each PUBLIC school under  the  chancellor's  jurisdiction;  and
ensuring  that the districts AND CHARTER SCHOOLS LOCATED WITHIN THE CITY
DISTRICT do the same; the chancellor shall ensure that meetings of  such
parents' associations or parent-teachers' associations shall comply with
section four hundred fourteen of this chapter;
  S  27. 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  28. This act shall take effect immediately; provided, however, that
sections six, nineteen, twenty-one and twenty-three of  this  act  shall
take  effect January 1, 2011; provided, further, however that the amend-
ments to paragraph (a) of subdivision 15 of section 2590-h of the educa-
tion law made by section twenty-six of this act  shall  not  affect  the
expiration of such section and shall expire therewith.