NY State Assembly Bill 2009-A9735

Assembly Bill A9735

2009-2010 Legislative Session

Relates to the location and management of charter schools and the enrollment of students at charter schools

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Archive: Last Bill Status - In Assembly Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2010	referred to education

2009-A9735 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§2851, 2852, 2853, 2854 & 2855, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A4838

2009-A9735 (ACTIVE) - Summary

Relates to the location and management of charter schools and the enrollment of students at charter schools.

2009-A9735 (ACTIVE) - Sponsor Memo

2009-A9735 (ACTIVE) - Bill Text download pdf

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

                                  9735

                          I N  A S S E M B L Y

                            January 20, 2010
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Education

AN  ACT  to  amend  the  education  law, in relation to the location and
  management of charter schools and the enrollment of students at  char-
  ter schools

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

  Section 1. Legislative intent.  New  York's  charter  school  law  was
enacted  eleven  years  ago in an effort to create new learning opportu-
nities for all students, to encourage different and innovative  teaching
methods  and to provide parents and students with expanded choice within
the public schools. Eleven years provides the state with enough informa-
tion to make judgments about changes that  are  needed  in  the  law  to
ensure  the  public  knows  how their tax dollars are being spent and to
ensure  public  schools  serving  the  majority  of  students  have  the
resources  needed  to  provide a quality education to all students. This
legislation is intended to clarify the transparency  and  accountability
of  charter  schools  and  provide fiscal relief to the school districts
where charter schools are located.
  S 2. 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. For char-
ter 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]. THE APPLI-
CATION SHALL INCLUDE THE AMOUNT OF ANY MANAGEMENT FEE TO BE PAID TO  ANY
NOT-FOR-PROFIT  CORPORATION  WORKING IN CONJUNCTION WITH THE APPLICANTS.
SALARIES OF THE EMPLOYEES OF SUCH  NOT-FOR-PROFIT  CORPORATION  MAY  NOT

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

                                                           LBD15397-01-0

A. 9735                             2

EXCEED  THE  SALARIES FOR COMPARABLE POSITIONS IN THE SCHOOL DISTRICT OF
LOCATION.
  S  3.  Paragraph (d) 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:
  (d)  Admission  policies and procedures for the school, which shall be
consistent with the requirements of subdivision two of  section  twenty-
eight  hundred  fifty-four  of this article.  FOR CHARTER RENEWALS, SUCH
POLICIES AND PROCEDURES SHALL INCLUDE PLANS  FOR  ENSURING  THE  STUDENT
ENROLLMENT  OF  THE  CHARTER  SCHOOL INCLUDES A COMPARABLE PERCENTAGE OF
STUDENTS ON FREE LUNCH, STUDENTS WITH DISABILITIES AND ENGLISH  LANGUAGE
LEARNERS AS THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED.
  S  4.  Paragraph (a) of subdivision 4 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (a)  A  report  of the progress of the charter school in achieving the
educational objectives set forth in the  charter.    SUCH  REPORT  SHALL
INCLUDE   DISAGGREGATED   STUDENT   PERFORMANCE  DATA  FOR  ALL  STUDENT
SUBGROUPS.
  S 5. Subdivision 7 of section 2852 of the education law is amended  by
adding a new paragraph (c) to read as follows:
  (C)  WHEN  A  REVISION OF A CHARTER INVOLVES AN INCREASE IN ENROLLMENT
WHICH BRINGS TOTAL ENROLLMENT IN CHARTER SCHOOLS IN THE SCHOOL  DISTRICT
OF  LOCATION ABOVE FIVE PERCENT, THE REVISION SHALL BE DENIED UNLESS THE
SCHOOL DISTRICT OF LOCATION APPROVES THE REVISION OR  THE  RESIDENTS  OF
THE  SCHOOL  DISTRICT  APPROVE  THE REVISION THROUGH A REFERENDUM OF THE
ELIGIBLE VOTERS TO BE HELD IN CONJUNCTION WITH THE ANNUAL  BUDGET  VOTE.
FOR  PURPOSES  OF  THIS  PARAGRAPH  IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, THE SCHOOL DISTRICT OF LOCATION SHALL BE THE  COMMUNITY
SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED.
  S  6.  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 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, A CHARTER
SCHOOL SHALL NOT BE LOCATED IN ANY PART OF AN EXISTING  SCHOOL  BUILDING
WHEN  SUCH  SHARING WOULD IMPACT THE PUBLIC SCHOOL'S ABILITY TO MEET THE
CLASS SIZE TARGETS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  ELEVEN-D
OF  THIS  CHAPTER.  Provided,  however,  before  a charter school may be
located in part of an existing public school building, the charter enti-
ty 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 space. For purposes of  local  zoning,
land use regulation and building code compliance, a charter school shall
be deemed a nonpublic school.
  S  7. Subdivision 3 of section 2853 of the education law is amended by
adding two new paragraphs (d) and (e) to read as follows:
  (D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CAPITAL FACILITY,  OR
OTHER  IMPROVEMENTS  MADE  IN  PUBLIC  SCHOOL  BUILDINGS, WITH PUBLIC OR
PRIVATE FUNDS, TO ACCOMMODATE A CHARTER SCHOOL, SHALL  REQUIRE  MATCHING
OR COMPARABLE IMPROVEMENTS BE MADE FOR OTHER DISTRICT SCHOOLS LOCATED IN
THE SAME BUILDING.
  (E) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CONSTRUCTION OR CAPI-
TAL  IMPROVEMENT  MADE  IN ACCORDANCE WITH THIS ARTICLE SHALL BE MADE IN

A. 9735                             3

ACCORDANCE WITH AND SUBJECT TO THE PROVISIONS OF ARTICLES EIGHT AND NINE
OF THE LABOR LAW.
  S  8.  Subdivision 2 of section 2854 of the education law, as added by
chapter 4 of the laws of 1998, paragraphs (a)  and  (b)  as  amended  by
section  5  of part D-2 of chapter 57 of the laws of 2007, is amended to
read as follows:
  2. Admissions; enrollment; students. (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, howev-
er, 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; and provided,  further,  that  the  charter  school
shall  [demonstrate good faith efforts to] attract and retain a compara-
ble or greater enrollment 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.  IF A CHARTER SCHOOL IS NOT SUCCESSFUL IN ATTRACTING A COMPARA-
BLE  OR  GREATER  ENROLLMENT  OF  STUDENTS WITH DISABILITIES AND LIMITED
ENGLISH PROFICIENT STUDENTS AS COMPARED TO THE  ENROLLMENT  FIGURES  FOR
SUCH  STUDENTS  IN  THE  SCHOOL  DISTRICT IN WHICH THE CHARTER SCHOOL IS
LOCATED, SUCH CHARTER SCHOOL SHALL PROVIDE THE CHARTERING ENTITY WITH  A
PLAN  FOR  IMPROVING  THE  ENROLLMENT  OF SUCH STUDENTS IN THE FOLLOWING
YEAR. FAILURE TO COMPLY WITH THIS REQUIREMENT FOR TWO CONSECUTIVE  YEARS
SHALL  BE  SUBJECT  TO  REVOCATION IN ACCORDANCE WITH SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE. 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
denominational tenet or doctrine would be taught.
  (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 AND STUDENTS ON  FREE  AND
REDUCED  PRICE  LUNCH, AND STUDENTS WITH DISABILITIES, AND STUDENTS WITH
LIMITED ENGLISH PROFICIENCY.   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] ATTENDANCE ZONE in which
the charter school is located.  THE CHARTER ENTITY  IS  RESPONSIBLE  FOR
ENSURING  THE  SELECTION  PROCESS  IS  CONDUCTED IN ACCORDANCE WITH THIS
PARAGRAPH. IF THE CHARTER  ENTITY  DETERMINES  THE  PROCESS  IS  NOT  IN

A. 9735                             4

COMPLIANCE  WITH  THIS  PARAGRAPH,  THE CHARTER ENTITY SHALL CONDUCT THE
PROCESS.
  (c) A charter school shall serve one or more of the grades one through
twelve,  and  shall  limit  admission  to pupils within the grade levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten program.
  (d) A student may withdraw from a  charter  school  at  any  time  and
enroll in a public school. A CHARTER SCHOOL MUST PROVIDE A REPORT TO THE
CHARTERING  ENTITY  EACH  YEAR INDICATING THE NUMBER OF STUDENTS LEAVING
THE CHARTER SCHOOL, THE MONTHS IN WHICH THE STUDENTS LEAVE  THE  SCHOOL,
THE  REASON  THE STUDENTS LEAVE THE SCHOOL AND THE SCHOOL THE STUDENT IS
CURRENTLY ATTENDING. A  charter  school  may  refuse  admission  to  any
student  who  has  been expelled or suspended from a public school until
the period of  suspension  or  expulsion  from  the  public  school  has
expired, consistent with the requirements of due process.
  S  9.  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] SHALL  terminate
a charter 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] HAS
NOT MET ANNUAL YEARLY PROGRESS over the preceding three school years[:];
  (b) Serious violations of law;
  (c) Material and  substantial  violation  of  the  charter,  including
fiscal  mismanagement  AND  FAILURE TO MEET STUDENT PERFORMANCE TARGETS;
[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)  FAILURE  TO ENROLL A COMPARABLE PERCENTAGE OF STUDENTS QUALIFYING
FOR FREE LUNCH, STUDENTS WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS
FOR TWO CONSECUTIVE YEARS.
  S 10. This act shall take effect immediately.

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