| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 16, 2010 |
referred to education |
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Senate Bill S6468
2009-2010 Legislative Session
Relates to the establishment, organization, and administration of charter schools
download bill text pdfSponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Education 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
Actions
co-Sponsors
(D, WF) Senate District
2009-S6468 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9558
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd ยง2851, 2852, 2853, 2854, 2855, 2857, add 211-e, Ed L
2009-S6468 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6468
TITLE OF BILL :
An act to amend the education law, in relation to charter schools
PURPOSE :
To improve New York's competitive position in the federal Race to the
Top grant competition by ensuring that students throughout New York
have access to quality education and school choice, further improving
the quality of charter schools, and providing school districts with
persistently under performing schools the authority to contract with
an educational management organization to help improve student
outcomes.
SUMMARY OF PROVISIONS :
Section 1:
Prohibits for-profit corporations and management companies from
applying to operate a charter school.
Section 2:
Requires charter school applicants to specify a procedure for
publicizing and conducting board meetings at the charter school.
Section 3:
Requires the code of ethics articulated in the charter school
application to include standards regarding conflicts of interest. Section 4: Requires that applicants seeking to open a charter school under the RFP processes established by this legislation specifically designate the facilities intended to be used by the charter school. If the intended facility changes after the submission of the application, any necessary public hearings related to the new location must be conducted and an amended application must submitted. Section 5: Designates that the terms of charters issued under the RFP process will be five instructional years. Section 5-a: Makes the board of regents the sole charter entity for charter schools issues under the RFP process; clarifies that schools may convert to charter schools without being subject to the RFP process and that there is no limit on the number of conversion charter schools that can be created. Section 6: Clarifies that charters originally issued by a board of education, the New York City Chancellor, and SUNY Trustees will apply to the Board of Regents for renewal applications. Section 6-a: Requires charter schools applying for renewal to demonstrate the steps they have taken to recruit and retain students at risk of educational failure and requires that the information be included in renewal deliberations. Section 7: Clarifies that the statutory deadlines for charters issued under current law do not apply to charters issued under the RFP process. Section 8: Conforming language to remove reference to multiple charter entities. Section 9: Conforming language to make the Board of Regents responsible for receipt of all fingerprints from prospective charter school employees. Section 10: Establishes that charters issued under the RFP process will be required to include the information required by the RFP in their proposed charter. Section 11: Conforming language removing references to multiple charter entities. Section 12: Clarifying language requiring the Board of Regents to approve charters issued under the RFP process. Section 13: Establishes that charters issued under the RFP process will be required to include the information required by the RFP in their proposed charter. Section 14: Conforming language removing references to SUNY's responsibilities as a charter entity. Section 15: Requires a charter revision prior to the relocation of a charter school and requires the same level of public input as required in the initial charter approval process. Section 16: Increases the number of allowable non-conversion charter schools from 200 to 400 and establishes that 200 new charters will be authorized by under the RFP process. Section 17: Conforming language removing references to prior entities. Section 18: Establishes a RFP process by which the Board of Regents and SUNY Board of Trustees will seek to establish a statewide plan for charter growth to ensure that students throughout New York have access to quality education and school choice. Requires the SUNY Board of Trustees and Board of Regents to solicit public input prior to jointly issuing the RFP. Requires the Boards to consider the support of the local district as a factor in the application scoring process. Establishes that successful applicants must demonstrate that they can intend to recruit and will make efforts to retain high-need students. Also requires that applicants demonstrate the acceptability of any co-location of a charter school in another public school building to the parents of students in the existing school building. Establishes that applicants may apply to either the SUNY Board of Trustees or the Board of Regents. Requires that applicants approved by the SUNY Board of Trustees be sent to the Board of Regents for consideration. Specifies that the SUNY Board can designate up to sixty-five charter school applications as being highly recommended, which would result in automatic approval by the Board of Regents. Establishes that the SUNY Board of Trustees can approve up to half of the charters under any individual RFP each calendar year until they reach their total of sixty-five. Section 19: Conforming language removing references to multiple charter entities. Section 20. Establishes that charters issued under the RFP process will be issued for five instructional years. Section 21: Conforming language removing references to multiple charter entities. Section 22: Conforming language removing references to multiple charter entities. Section 23: Conforming language removing references to multiple charter entities. Section 24: Conforming language removing references to multiple charter entities. Section 25: Requires that charters issued under the RFP process be required to comply with the same health, safety and sanitary requirements as all other public schools. Requires localities to treat charter schools the same as all other public schools regarding issues of zoning, land use, and building code requirements. Allows charter schools to seek a waiver if compliance with this section would create an undue financial hardship or other good cause. Charter schools issued a waiver under this section will be treated as non-public schools. Section 26: Allows the state to Comptroller to audit charter schools at her or his discretion. Section 26a: Applies the same conflict of interest provisions and code of ethics to charter board members, officers, and charter school employees as apply to officers, board members and employees of public school districts. Section 27: Directs the Commissioner of education to create a common student application for all charter schools and that such applications be made available in languages predominant in the local community. Directs to the Commissioner to promulgate regulations to ensure that all admission lotteries are conducted in a transparent and equitable manner. Requires that such lotteries be held in a manner consistent with public officers law. Section 27a: Clarifies that a charter school may focus its services on students in need of special assistance, including English language learners and students with disabilities. Section 28: Conforming legislation to eliminate references to multiple charter entities. Section 29: Conforming legislation to eliminate references to multiple charter entities. Section 30: Conforming legislation to eliminate references to multiple charter entities. Section 31: Conforming legislation to eliminate references to multiple charter entities. Section 32: Conforming legislation to eliminate references to multiple charter entities. Section 33: Conforming legislation to eliminate references to multiple charter entities. Section 34: Requires charter schools to make their annual reports more widely available to the public through posting on the school's website, distribution to the local newspapers and availability at charter school board meetings. Also requires inclusion of any audits by the State Comptroller in their annual report. Section 35: Requires charter school annual reports to include information regarding the charter school's efforts to recruit and retain high-need students during the previous school year and their plans to attract, recruit and retain such students in the coming year. Section 36: Requires the annual Education Department charter school report to include the number of charter schools that were closed in the prior year and the reason for their closing. Section 37: Requires the Board of Regents to conduct an annual review of charter school best practices and make such information available to public school districts. Section 38: Technical clean-up language to strike an outdated section of law. Section 39: Authorizes Boards of Education to contract with educational management organizations to assist in the turn-around of persistently low achieving schools. Requires the Department to establish a list of qualified not-for-profit management organizations for districts to choose from. EXISTING LAW : Under current law there are multiple charter entities; the board of regents, the SUNY board of trustees and local school boards. Existing law limits the number of non-conversion charter schools in New York to 200. The SUNY Board of Trustees is allowed to approve 100 charters while the Regents and local districts are allowed to authorize an additional 100 in total. Current law includes a geographic restriction requiring that at least 50 of the non-SUNY charters be reserved for the City of New York to authorize. Conversion charter schools can be created without limit. Current law allows the Regents to approve charter schools operated by for profit management organizations and corporations. Current law does not require charter board members, staff, or employees to adhere to any statutory conflict of interest and ethical requirements such as the requirement to disclose a financial interest in an issue before the board, recusal from action on such issues and limitations on gifts that could be perceived to be intended to influence an board member officer or employee. Current law does not require that public board meetings be held at the site of the charter school. Current law includes no specific requirements making annual reports public. Current law requires that charter schools make a "good faith" effort to recruit high need students, but, there is no process in place to monitor those efforts, or to consider the those efforts as a part of the criteria for reauthorization. Current law gives SED the authority to perform audits of charter schools. Current law does not authorize of boards of education to contract with educational management organizations. JUSTIFICATION : The federal Race to the Top grant competition will award funding to a select number of states with educational policies that encourage the growth of high quality charter schools and provide options for school district officials seeking to turn around low performing schools. This legislation seeks to enhance New York's competitiveness by increasing the charter school cap while promoting a thoughtful statewide approach to charter school growth. This approach will provide equitable access to a greater variety of students, and greater educational benefit to all students. To date, charter schools in New York have largely succeeded in providing access to high-quality, public educational alternatives to traditional school systems. Unfortunately, the current system of authorizing charters has resulted in an uneven distribution of charter school opportunities across grade levels and throughout the state. This legislation reforms the chartering process to allow the SUNY Board of Trustees and Board of Regents to jointly issue competitive request for proposals which will allow them to award charters to most innovative and highest quality applicants. The SUNY Board and Regents could also use the RFP process to grant charters to applicants seeking to enhance options for students left unserved by the current system. This legislation will also require charter schools to be more accountable with regard to their responsibility to recruit and retain high needs students. The successful programs in charter schools should be made available to the students who most need the assistance and opportunities that these innovative programs provide. This legislation will also enhance the public's confidence in charter schools by allowing for audits by the state comptroller and by requiring charter board members to meet the same conflict of interest and ethical obligations as elected school board members. The bill would also help ensure that tax dollars be used for educating students to the greatest extent possible by granting future charters solely to not-for-profit charter school operators. Requiring a common application for all charter schools will simplify the process for parents seeking to enroll their child in a charter school while requiring that charter school applications be printed in the community's most common languages helps English language learners with the enrollment process. Creating an open process for charter school lotteries will also enhance public confidence in the charter school lottery process where applicable. This bill also requires greater distribution of information about charter schools, including posting of audits and publicizing the efforts to recruit and retain students who need academic support. LEGISLATIVE HISTORY : This is a new bill. FISCAL IMPLICATIONS : This legislation will enhance New York's Race to the Top federal grant application which could provide the State Education Department and public schools with between $350 and $700 million if New York should win an award. The State Education Department could incur some additional costs related to the administration and oversight to new and renewing charters. LOCAL FISCAL IMPLICATIONS : Local school districts will incur a tuition expense for each student that chooses a charter school. EFFECTIVE DATE : This legislation takes effect immediately except for sections six, six-a, eight, nine, eleven, thirteen, fourteen, fifteen, seventeen, nineteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-five and thirty-eight which take effect January 1, 2011.
2009-S6468 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6468 A. 9558
S E N A T E - A S S E M B L Y
January 16, 2010
___________
IN SENATE -- Introduced by Sens. SAMPSON, OPPENHEIMER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education
IN ASSEMBLY -- Introduced by M. of A. SILVER, NOLAN -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15481-04-0 S. 6468 2 A. 9558 PUBLICIZING MONTHLY BOARD OF TRUSTEE MEETINGS AT EACH CHARTER SCHOOL, 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. Subdivision 2 of section 2851 of the education law is amended by adding a new paragraph (j-1) to read as follows: (J-1) NOTWITHSTANDING PARAGRAPH (J) OF THIS SUBDIVISION, ANY APPLICA- TION SUBMITTED FOR A CHARTER ISSUED PURSUANT TO SUBDIVISION NINE-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE SHALL INCLUDE INFORMATION REGARDING THE FACILITIES TO BE USED BY THE SCHOOL INCLUDING THE LOCATION OF THE SCHOOL AND THE MEANS BY WHICH PUPILS WILL BE TRANS- PORTED TO AND FROM THE SCHOOL. IF THE FACILITIES TO BE USED BY THE PROPOSED SCHOOL CHANGE AT ANY TIME AFTER THE APPLICATION IS SUBMITTED TO THE CHARTER ENTITY, THE APPLICANT SHALL NOTIFY THE BOARD OF REGENTS, CONDUCT OR, IF APPLICABLE, REPEAT ANY PUBLIC OUTREACH AND HEARING REQUIREMENTS PURSUANT TO THIS ARTICLE, AND RESUBMIT AN AMENDED APPLICA- TION WITH INFORMATION REGARDING THE NEW FACILITIES AND PUBLIC COMMENTS RAISED. A CHARTER SCHOOL MUST OBTAIN A CERTIFICATE OF OCCUPANCY FOR FACILITIES PRIOR TO THE DATE ON WHICH INSTRUCTION IS TO COMMENCE AT THE SCHOOL. S 5. 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-a. 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 AND SHALL BE THE ONLY ENTITY AUTHORIZED TO ACT AS THE CHARTER ENTITY FOR ANY CHARTER PROPOSED OR ISSUED PURSUANT TO SUBDIVISION NINE-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE. Notwithstanding any provision of this subdivision to the S. 6468 3 A. 9558 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 guardians 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 3 of section 2851 of the education law, as amended by section five-a of this act, 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] THE board of regents. The board of regents shall be the only entity authorized to issue a charter pursuant to this article [and shall be the only entity author- ized to act as the charter entity for any charter proposed or issued pursuant to subdivision nine-a of section twenty-eight hundred fifty-two of this article.] AND SHALL ACT AS THE CHARTER ENTITY WHERE THE ORIGINAL CHARTER ENTITY WAS A BOARD OF EDUCATION, THE CHANCELLOR OF A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK. 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] THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT WHERE THE PROPOSED CONVERSION CHARTER SCHOOL IS TO BE LOCATED PRIOR TO THE BOARD OF REGENTS ISSUING A CHARTER FOR SUCH SCHOOL. 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 char- ter entity shall require that the parents or guardians 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-a. Subdivision 4 of section 2851 of the education law is amended by adding a new paragraph (e) to read as follows: (E) A DEMONSTRATION OF THE EFFORTS TAKEN BY THE CHARTER SCHOOL TO ATTRACT AND RETAIN HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK OF EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE IN NEED OF SPECIAL ASSISTANCE AND SUPPORT WHICH SHALL BE CONSIDERED BY THE CHARTER ENTITY PRIOR TO APPROVING SUCH CHARTER SCHOOL'S APPLICATION FOR RENEWAL. 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 S. 6468 4 A. 9558 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 3 of section 2852 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 3. A charter entity is not required to approve a charter and may require an applicant to modify or supplement an application as a condi- tion of approval. An existing private school shall not be eligible to convert to a charter school. In determining whether an application involves the conversion of an existing private school, the [charter entity and the] board of regents shall consider such factors as: (a) whether the charter school would have the same or substantially the same board of trustees and/or officers as an existing private school; (b) whether a substantial proportion of employees of the charter school would be drawn from such existing private school; (c) whether a substan- tial portion of the assets and property of such existing private school would be transferred to the charter school; (d) whether the charter school would be located at the same site as such existing private school; (e) upon renewal only, whether such private school closed within one year of establishment of the charter school; and (f) upon renewal only, whether a substantial portion of the charter school's students were drawn from such existing private school. S 9. Subdivision 4 of section 2852 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 4. Each individual applicant seeking to establish a charter school shall submit a full set of fingerprints to the charter entity for the purpose of obtaining a state and federal criminal records check. The division of criminal justice services is authorized to provide this information to the federal bureau of investigation and to perform a state and federal criminal records check on each applicant and report the results to the [charter entity and the] board of regents. The crimi- nal records check shall be completed to the satisfaction of the charter entity prior to approval of the application. The department and the division of criminal justice services shall enter into any memoranda of agreement necessary to implement the requirements of this subdivision. S 10. 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 S. 6468 5 A. 9558 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 11. Subdivision 5 of section 2852 of the education law, as amended by section ten of this act, 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 (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] SUCH PROPOSED charter, the application and supporting documentation [for] SHALL BE SUBJECT TO final approval and issuance by the board of regents in accordance with subdivisions five-a and five-b of this section. S 12. 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; PROVIDED HOWEVER, THE BOARD OF REGENTS SHALL APPROVE AND ISSUE A CHARTER WHERE THE PROPOSED CHARTER AGREEMENT PURSU- ANT TO SUBDIVISION FIVE OF THIS SECTION IS FOR AN INITIAL CHARTER PURSU- ANT TO SUBDIVISION NINE-A OF THIS SECTION. 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 shall be deemed to have been approved and issued by the board of regents at the expiration of such period. S 13. Subdivision 5-a of section 2852 of the education law, as amended by section twelve of this act, is amended to read as follows: 5-a. Upon receipt of a proposed charter [submitted by a charter enti- ty], the board of regents shall review such proposed charter in accord- ance 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] APPLICANT for reconsideration with the written comments and recommendations of the board of regents; provided however, the board of regents shall approve and issue a charter where the proposed charter agreement pursuant to subdivision five of this section is for an initial charter pursuant to subdivision nine-a of this section. [If the board of regents fails to act on such proposed charter S. 6468 6 A. 9558 within ninety days of its submission to the board of regents in accord- ance with the previous sentence, the proposed charter shall be deemed to have been approved and issued by the board of regents at the expiration of such period.] S 14. Subdivision 5-b of section 2852 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 5-b. If the board of regents returns a proposed charter to the [char- ter entity] APPLICANT pursuant to the provisions of subdivision five-a of this section, such [charter entity] APPLICANT shall reconsider the proposed charter, taking into consideration the comments and recommenda- tion of the board of regents. Thereafter, the [charter entity] APPLI- CANT shall resubmit the proposed charter to the board of regents with modifications, provided that the applicant consents in writing to such modifications[, resubmit the proposed charter to the board of regents without modifications,] or abandon the proposed charter. The board of regents shall review each such resubmitted proposed charter in accord- ance with the provisions of subdivision five-a of this section[; provided, however, that it shall be the duty of the board of regents to approve and issue a proposed charter resubmitted by the charter entity described in paragraph (b) of subdivision three of section twenty-eight hundred fifty-one of this article within thirty days of the resubmission of such proposed charter or such proposed charter shall be deemed approved and issued at the expiration of such period]. S 15. Subdivision 7 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: 7. (a) A revision of a charter shall be made only upon the approval of the [charter entity and the] board of regents in accordance with the provisions of subdivisions five-a and five-b of this section. (b) When a revision of a charter involves the relocation of a charter school to a different school district, the proposed new school district shall be given at least forty-five days notice of the proposed relo- cation. In addition, the applicant shall provide an analysis of the community support for such relocation and of the projected programmatic and fiscal impact of the charter school on the proposed new school district of location and other public and nonpublic schools in the area. (C) A REVISION OF A CHARTER SHALL BE REQUIRED BEFORE A CHARTER SCHOOL MAY RELOCATE TO AN EXISTING PUBLIC SCHOOL BUILDING. THE RIGOROUS DEMON- STRATION REQUIRED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION NINE-A OF THIS SECTION SHALL BE MADE PRIOR TO THE APPROVAL OF ANY REVISION REQUIRED BY THIS PARAGRAPH. S 16. 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. One hundred of such charters shall be issued on the recommendation of the charter entity described in para- graph (b) of subdivision three of section twenty-eight hundred fifty-one of this article, [and] one hundred of such charters shall be issued on the recommendation of the other charter entities set forth in subdivi- sion three of section twenty-eight hundred fifty-one of this article, provided that 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, AND TWO HUNDRED OF SUCH CHARTERS SHALL BE ISSUED BY THE S. 6468 7 A. 9558 BOARD OF REGENTS PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION. 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 char- ter. 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 17. Subdivision 9 of section 2852 of the education law, as amended by section sixteen of this act, is amended to read as follows: 9. The total number of charters issued pursuant to this article shall not exceed four hundred. [One] TWO hundred of such charters shall be issued [on the recommendation of the charter entity described in para- graph (b) of subdivision three of section twenty-eight hundred fifty-one of this article, 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] BY THE BOARD OF REGENTS PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION AND 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[, and two hundred of such charters shall be issued by the board of regents pursuant to a competitive process in accordance with subdivision nine-a of this section]. The failure of any body to issue the regulations authorized pursuant to this article shall not 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 char- ter shall not be counted toward the numerical limits established by this subdivision. S 18. 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 CHARTERS PURSUANT TO A COMPETITIVE REQUEST FOR PROPOSALS PROCESS. (I) BY JULY FIRST, TWO THOUSAND TEN, THE BOARD OF REGENTS, IN CONJUNC- TION WITH THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, MUST JOINTLY DEVELOP AND ISSUE A REQUEST FOR PROPOSALS FOR CHARTER SCHOOLS WHICH WOULD COMMENCE INSTRUCTIONAL OPERATION BY THE SEPTEMBER OF THE NEXT CALENDAR YEAR. (II) COMMENCING ON JANUARY FIRST, TWO THOUSAND ELEVEN, AND OF EACH SUCCEEDING YEAR, SUCH REQUEST FOR PROPOSALS SHALL BE DEVELOPED AND ISSUED FOR CHARTER SCHOOLS WHICH WOULD COMMENCE INSTRUCTIONAL OPERATION BY THE SEPTEMBER OF THE NEXT CALENDAR YEAR. (III) IF THE BOARD OF REGENTS DETERMINES, IN ANY GIVEN YEAR, THAT THERE ARE AN INSUFFICIENT NUMBER OF QUALIFIED APPLICATIONS TO MEET THE NUMBER OF PROPOSED CHARTERS, THEY SHALL ONLY ISSUE CHARTERS TO THOSE APPLICATIONS THAT ARE DETERMINED TO BE QUALIFIED. SUCH DETERMINATIONS MUST BE MADE BY DECEMBER THIRTY-FIRST OF EACH YEAR AND THE PROPOSED CHARTERS INCLUDED IN THE REQUEST FOR PROPOSALS WHICH WERE NOT ISSUED CHARTERS IN SUCH YEAR SHALL BE INCLUDED IN THE REQUEST FOR PROPOSALS FOR THE SUCCEEDING YEAR. (B) THE BOARD OF REGENTS SHALL WORK IN CONJUNCTION WITH THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK TO DEVELOP SUCH REQUEST FOR S. 6468 8 A. 9558 PROPOSALS IN A MANNER THAT FACILITATES A THOUGHTFUL REVIEW OF CHARTER SCHOOL APPLICATIONS 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 MAY BE SUBMITTED TO THE BOARD OF REGENTS OR TO THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND SHALL BE EVALUATED IN ACCORDANCE WITH THE CRITERIA AND OBJECTIVES CONTAINED WITHIN A REQUEST FOR PROPOSALS. FURTHERMORE, WHEN EVALUATING APPLICATIONS SUBMITTED IN RESPONSE TO 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 CONSIDER THE SUPPORT OF THE SCHOOL DISTRICT IN WHICH THE PROPOSED CHARTER SCHOOL WILL BE LOCATED AND THE APPLICANT'S INTENT TO ESTABLISH AN ONGOING RELATIONSHIP WITH SUCH SCHOOL DISTRICT. 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 ENROLLMENT AND RETENTION TARGETS, AS PRESCRIBED BY THE BOARD OF REGENTS, IN CONJUNCTION WITH THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, OF HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK OF EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE IN NEED OF SPECIAL ASSISTANCE AND SUPPORT SUCH AS STUDENTS WHO ARE LIVING IN POVERTY, STUDENTS WITH DISABILITIES, ENGLISH LANGUAGE LEARNERS, STUDENTS WHO ARE HOMELESS, OR STUDENTS WHO HAVE BEEN INCARCERATED; (II) THAT THE APPLICANT HAS CONDUCTED PUBLIC OUTREACH, IN CONFORMITY WITH A THOROUGH AND MEANINGFUL PUBLIC REVIEW PROCESS PRESCRIBED BY THE BOARD OF REGENTS, IN CONJUNCTION WITH 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; AND (III) IN THE CASE OF A PROPOSED CHARTER SCHOOL BEING LOCATED OR CO-LO- CATED IN AN EXISTING PUBLIC SCHOOL BUILDING, THAT THE APPLICANT HAS DEMONSTRATED THAT THE LOCATION OR CO-LOCATION IS ACCEPTABLE TO THE PARENTS OR GUARDIANS OF STUDENTS THEN ENROLLED IN SUCH EXISTING SCHOOL BUILDING. (C) THE BOARD OF REGENTS AND THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL GRANT PRIORITY BASED ON A JOINTLY DEVELOPED SCORING RUBRIC TO THOSE APPLICATIONS THAT BEST DEMONSTRATE HOW THEY WILL ACHIEVE THE FOLLOWING OBJECTIVES, AND ANY ADDITIONAL OBJECTIVES THE BOARD OF REGENTS, IN CONJUNCTION WITH 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; S. 6468 9 A. 9558 (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. (D) BY OCTOBER 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 SUPPORTING DOCUMEN- TATION OUTLINING SUCH DETERMINATION. (E) THE BOARD OF REGENTS SHALL HAVE SOLE AUTHORITY AND DISCRETION TO ISSUE CHARTERS. 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, AND SHALL ONLY ISSUE CHARTERS TO THOSE APPLICATIONS THAT IT DETERMINES TO BE QUAL- IFIED. (F) NOTWITHSTANDING PARAGRAPH (E) OF THIS SUBDIVISION, THE BOARD OF REGENTS SHALL ISSUE CHARTERS TO A TOTAL OF SIXTY-FIVE APPLICATIONS DEEMED TO BE HIGHLY RECOMMENDED BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK. PROVIDED HOWEVER, THAT THE NUMBER OF HIGHLY RECOMMENDED APPLICATIONS SUBMITTED BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL NOT EXCEED FIFTY PERCENT OF THE TOTAL NUMBER OF CHARTERS PROPOSED TO BE ESTABLISHED IN THE REQUEST FOR PROPOSALS IN ANY GIVEN YEAR. (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) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION. (I) DURING THE DEVELOPMENT OF THE REQUEST FOR PROPOSALS PURSUANT TO THIS SUBDIVISION THE BOARD OF REGENTS AND THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL AFFORD THE PUBLIC AN OPPORTUNITY TO SUBMIT COMMENTS AND SHALL REVIEW AND CONSIDER THE COMMENTS RAISED BY ALL INTERESTED PARTIES. S 19. Subdivision 10 of section 2852 of the education law, as added by section 3 of part D-2 of chapter 57 of the laws of 2007, is amended to read as follows: 10. [Except in the case of a charter school formed by a school district as a charter entity pursuant to paragraph (a) of subdivision three of section twenty-eight hundred fifty-one of this article, a] A charter school formed by approval of the regents [or by operation of law] on or after March fifteenth in any school year shall not commence instruction until July of the second school year next following. S 20. 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) Upon the approval of a charter by the board of regents, the board of regents shall incorporate the charter school as an education corpo- S. 6468 10 A. 9558 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 21. Paragraph (c) 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: (c) A charter school shall be deemed an independent and autonomous public school, except as otherwise provided in this article. The [char- ter entity and the] board of regents shall be deemed to be the public agents authorized to supervise and oversee the charter school. S 22. Paragraph (g) 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: (g) Notwithstanding any provision of law to the contrary, no civil liability shall attach to [any charter entity,] the board of regents, or to any of [their] ITS members or employees, individually or collective- ly, for any acts or omissions of the charter school. Neither the local school district, the charter entity nor the state shall be liable for the debts or financial obligations of a charter school or any person or corporate entity who operates a charter school. S 23. Subdivision 2 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 2. The board of regents [and charter entity] shall oversee each CHAR- TER school [approved by such entity], and may visit, examine into and inspect any charter school, including the records of such school, under its oversight. Oversight by [a charter entity and] the board of regents shall be sufficient to ensure that the charter school is in compliance with all applicable laws, regulations and charter provisions. S 24. Subdivision 2-a of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 2-a. [For schools approved by an entity described in paragraph (b) or (c) of subdivision three of section twenty-eight hundred fifty-one of this article, the] THE school district in which the charter school is located shall have the right to visit, examine into, and inspect the S. 6468 11 A. 9558 charter school for the purpose of ensuring that the school is in compli- ance with all applicable laws, regulations and charter provisions. Any evidence of non-compliance may be forwarded by such school district to the board of regents [and the charter entity] for action pursuant to section twenty-eight hundred fifty-five of this article. S 25. 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 two new paragraphs (a-1) and (a-2) 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 space. [For purposes of local zoning, land use regulation and building code compliance, a charter school shall be deemed a nonpublic school.] (A-1) FOR CHARTERS ISSUED PURSUANT TO SUBDIVISION NINE-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE, THE DEPARTMENT SHALL APPROVE PLANS AND SPECIFICATIONS AND ISSUE CERTIFICATES OF OCCUPANCY FOR SUCH CHARTER SCHOOLS. SUCH CHARTER SCHOOLS SHALL COMPLY WITH ALL DEPART- MENT HEALTH, SANITARY, AND SAFETY REQUIREMENTS APPLICABLE TO FACILITIES AND SHALL BE TREATED THE SAME AS OTHER PUBLIC SCHOOLS FOR PURPOSES OF LOCAL ZONING, LAND USE REGULATION AND BUILDING CODE COMPLIANCE. PROVIDED HOWEVER, THAT THE DEPARTMENT SHALL BE AUTHORIZED TO GRANT SPECIFIC EXEMPTIONS FROM THE REQUIREMENTS 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 PARAGRAPH EXTREMELY IMPRACTICAL. A DEMONSTRATED EFFORT TO OVERCOME THE STATED OBSTACLES MUST BE PROVIDED. (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. S 26. 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 26-a. 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. 6468 12 A. 9558 S 27. 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 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 27-a. Paragraph (a) of subdivision 2 of section 2854 of the educa- tion 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 WHO ARE OTHERWISE IN NEED OF SPECIAL ASSISTANCE AND SUPPORT SUCH AS STUDENTS WITH DISABILI- TIES 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 students 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 reli- gious denomination, or in which any denominational tenet or doctrine would be taught. S. 6468 13 A. 9558 S 28. Paragraph (b-1) of subdivision 3 of section 2854 of the educa- tion law, as amended by section 6 of part D-2 of chapter 57 of the laws of 2007, is amended to read as follows: (b-1) The employees of a charter school that is not a conversion from an existing public school shall not be deemed members of any existing collective bargaining unit representing employees of the school district in which the charter school is located, and the charter school and its employees shall not be subject to any existing collective bargaining agreement between the school district and its employees. Provided, however, that (i) if the student enrollment of the charter school on the first day on which the charter school commences student instruction exceeds two hundred fifty or if the average daily student enrollment of such school exceeds two hundred fifty students at any point during the first two years after the charter school commences student instruction, all employees of the school who are eligible for representation under article fourteen of the civil service law shall be deemed to be repres- ented in a separate negotiating unit at the charter school by the same employee organization, if any, that represents like employees in the school district in which such charter school is located; (ii) [the provisions of subparagraph (i) of this paragraph may be waived in up to ten charters issued on the recommendation of the charter entity set forth in paragraph (b) of subdivision three of section twenty-eight hundred fifty-one of this article; (iii)] the provisions of subparagraph (i) of this paragraph shall not be applicable to the renewal or exten- sion of a charter; and [(iv)] (III) nothing in this sentence shall be construed to subject a charter school subject to the provisions of this paragraph or its employees to any collective bargaining agreement between any public school district and its employees or to make the employees of such charter school part of any negotiating unit at such school district. The charter school may, in its sole discretion, choose whether or not to offer the terms of any existing collective bargaining to school employees. S 29. The opening paragraph of 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: The [charter entity, or the] board of regents, may terminate a charter upon any of the following grounds: S 30. Subdivision 2 of section 2855 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 2. Notice of intent to revoke a charter shall be provided to the board of trustees of a charter school at least thirty days prior to the effec- tive date of the proposed revocation. Such notice shall include a state- ment of reasons for the proposed revocation. The charter school shall be allowed at least thirty days to correct the problems associated with the proposed revocation. Prior to revocation of the charter, a charter school shall be provided an opportunity to be heard, consistent with the requirements of due process. Upon the termination of a charter, the charter school shall proceed with dissolution pursuant to the procedures of the charter and direction of the [charter entity and the] board of regents. S 31. Subdivision 3 of section 2855 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 3. In addition to the provisions of subdivision two of this section, the [charter entity or the] board of regents may place a charter school falling within the provisions of subdivision one of this section on probationary status to allow the implementation of a remedial action S. 6468 14 A. 9558 plan. The failure of a charter school to comply with the terms and conditions of a remedial action plan may result in summary revocation of the school's charter. S 32. Subdivision 4 of section 2855 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: 4. Any individual or group may bring a complaint to the board of trus- tees of a charter school alleging a violation of the provisions of this article, the charter, or any other provision of law relating to the management or operation of the charter school. If, after presentation of the complaint to the board of trustees of a charter school, the individ- ual or group determines that such board has not adequately addressed the complaint, they may present that complaint to the [charter entity, which shall investigate and respond. If, after presentation of the complaint to the charter entity, the individual or group determines that the char- ter entity has not adequately addressed the complaint, they may present that complaint to the] board of regents, which shall investigate and respond. The [charter entity and the] board of regents shall have the power and the duty to issue appropriate remedial orders to charter schools under their jurisdiction to effectuate the provisions of this section. S 33. Subdivision 1 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: 1. The board of regents shall distribute information announcing the availability of the charter school process described in this article to each local school district and public postsecondary educational institu- tion. At each significant stage of the chartering process, the [charter entity and the] board of regents shall provide appropriate notification to the school district in which the charter school is located and to public and nonpublic schools in the same geographic area as the proposed charter school. Such notification shall be provided [by each charter entity] within thirty days of [its] receipt of an application for forma- tion of a new charter school or for renewal of an existing charter school, and at least forty-five days prior to initial approval of the charter application by the charter entity. Prior to the issuance, revision, or renewal of a charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the foregoing. Such hear- ing shall be held within the community potentially impacted by the proposed charter school. When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold such hearing. In addition, such school districts shall be given an opportunity to comment on the proposed char- ter to the charter entity and such charter entity shall consider any comments raised [and submit any such comments to the board of regents with the application for] PRIOR TO THE issuance, revision, or renewal of a charter. S 34. 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 S. 6468 15 A. 9558 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 35. Subdivision 2 of section 2857 of the education law, as amended by section thirty-four 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 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 ATTRACT AND RETAIN HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK OF EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE IN NEED OF SPECIAL ASSISTANCE AND SUPPORT. S 36. Subdivision 3 of section 2857 of the education law is amended by adding a new paragraph (a-1) to read as follows: S. 6468 16 A. 9558 (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 37. 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 38. Paragraph (d) of subdivision 41 of section 3602 of the education law, as added by section 18 of part B of chapter 57 of the laws of 2007, is amended to read as follows: (d) For purposes of this subdivision the number of pupils enrolled in a charter school shall not include pupils enrolled in a charter school for which the charter was approved by a charter entity contained in FORMER paragraph a of subdivision three of section twenty-eight hundred fifty-one of this chapter. S 39. The education law is amended by adding a new section 211-e to read as follows: S 211-E. EDUCATIONAL MANAGEMENT ORGANIZATIONS. 1. EACH COMMON, CENTRAL, CENTRAL HIGH SCHOOL, UNION FREE, EXCEPT SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, AND CITY SCHOOL DISTRICT SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS WITH APPROVED EDUCATIONAL MANAGEMENT ORGANIZATIONS FOR THE PURPOSE OF MANAG- ING INDIVIDUAL SCHOOLS WITHIN THE DISTRICT IN ORDER TO TURN AROUND THE PERSISTENTLY LOWEST-ACHIEVING SCHOOLS. CONTRACTS SHALL BE SOLICITED AND AWARDED PURSUANT TO A COMPETITIVE REQUEST FOR PROPOSALS PROCESS THAT SHALL BE DEVELOPED BY THE BOARD OF EDUCATION IN CONSULTATION WITH THE SUPERINTENDENT OF SCHOOLS IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION. FOR THE PURPOSES OF THIS SECTION, THE TERM "BOARD OF EDUCATION" SHALL MEAN THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION OF ANY SCHOOL DISTRICT, AND IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABIT- ANTS THE TERM "SUPERINTENDENT OF SCHOOLS" SHALL MEAN THE COMMUNITY SUPERINTENDENT OF A COMMUNITY DISTRICT. 2. THE DEPARTMENT SHALL ESTABLISH A LIST OF APPROVED EDUCATIONAL MANAGEMENT ORGANIZATIONS SELECTED THROUGH A RIGOROUS REVIEW PROCESS. ELIGIBLE EDUCATIONAL MANAGEMENT ORGANIZATIONS SHALL INCLUDE NON-PROFIT ENTITIES WITH PROVEN SUCCESS IN RAISING THE ACHIEVEMENT OF HIGH-NEED STUDENTS AND DEMONSTRATION OF CAPACITY. FOR-PROFIT BUSINESS OR CORPORATE ENTITIES OR ANY ENTITY ENGAGED IN MANAGING OR OPERATING A CHARTER SCHOOL SHALL NOT BE ELIGIBLE TO BE APPROVED AS AN EDUCATIONAL MANAGEMENT ORGAN- IZATION. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY REGU- LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS TO THIS SECTION INCLUDING REGULATIONS FOR CONSISTENCY AND COMPLIANCE WITH ANY APPLICABLE FEDERAL OR STATE GUIDELINES, INCLUDING THOSE CONTAINED WITHIN THE FEDERAL AMERI- CAN RECOVERY AND REINVESTMENT ACT OF 2009. S 39-a. Severability clause. If any clause, sentence, paragraph, subdivision, 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. 6468 17 A. 9558 S 40. This act shall take effect immediately; provided, however, that sections six, six-a, eight, nine, eleven, thirteen, fourteen, fifteen, seventeen, nineteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-five and thirty-eight of this act shall take effect January 1, 2011.
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