S T A T E O F N E W Y O R K
________________________________________________________________________
7695
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to allowing an enrollment
preference to charter schools for students in certain grade levels in
cities with a population of a million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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.
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. 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, PROVIDED, HOWEVER, THAT A CHARTER SCHOOL
LOCATED IN THE CITY SCHOOL DISTRICT OF NEW YORK MAY PROVIDE AN ENROLL-
MENT PREFERENCE TO PUPILS ENTERING ANY GRADES FIVE THROUGH TWELVE ON A
CITY-WIDE BASIS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11214-01-9