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.