S T A T E   O F   N E W   Y O R K
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                                  4838

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

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 amended by
chapter 101 of the laws of 2010, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07019-01-1
              

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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.  THE APPLICATION 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 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 chapter 101 of the laws of 2010, 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, 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 AND PROVIDED FURTHER THAT, 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.  A charter school may own, lease or rent its space.
  S 7. Subdivision 3 of section 2853 of the education law is amended  by
adding two new paragraphs (e) and (f) to read as follows:

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  (E)  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.
  (F) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CONSTRUCTION OR CAPI-
TAL  IMPROVEMENT  MADE  IN ACCORDANCE WITH THIS ARTICLE SHALL BE MADE IN
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
chapter 101 of the laws of 2010, 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 or students with disabilities and  English  language
learners;  and  provided, further, that the charter school shall [demon-
strate good faith efforts to] attract and retain a comparable or greater
enrollment of students with disabilities, English 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.    IF  A
CHARTER  SCHOOL  IS NOT SUCCESSFUL IN ATTRACTING A COMPARABLE 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.
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

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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 PROFICIEN-
CY.  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] ATTENDANCE
ZONE in which the charter school is located.    THE  CHARTER  ENTITY  IS
RESPONSIBLE  FOR  ENSURING THE SELECTION PROCESS IS CONDUCTED IN ACCORD-
ANCE WITH THIS PARAGRAPH. IF THE CHARTER ENTITY DETERMINES  THE  PROCESS
IS  NOT  IN  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 LEAV-
ING 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 amended by
chapter 101 of the laws of 2010, 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] 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;
  (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] FAILURE FOR TWO CONSECUTIVE  YEARS,  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 York, as  applicable.  Provided,

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however,  if no grounds for terminating a charter are established pursu-
ant to this section other than pursuant to this paragraph, and the char-
ter 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 char-
ter school, then the charter entity or board of regents may retain  such
charter.
  S 10. This act shall take effect immediately.