senate Bill S1540

2011-2012 Legislative Session

Establishes the offense of unlawfully residing or entering upon school grounds

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 10, 2011 referred to codes

S1540 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง130.82 & 130.83, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1478

S1540 - Bill Texts

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Establishes the class A misdemeanor of unlawfully residing or entering upon school grounds for the entry upon school grounds, of any sex offender required to register and verify pursuant to the sex offender registration act; grants an exception for persons attending or employed by the school upon such school grounds, or having a family member attending such school, if the defendant enters the school grounds for the limited purposes authorized by the administrator of the school; establishes the class E felony of unlawfully residing or entering upon school ground for the commission of such offense in the second degree after having had a conviction thereof in the previous 5 years.

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BILL NUMBER:S1540

TITLE OF BILL: An act to amend the education law, in relation to char-
ter schools

PURPOSE OR GENERAL IDEA OF BILL: To clarify the transparency and
accountability of charter schools and provide fiscal relief to the
school districts where charter schools are located.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 describes the legislative intent behind this law to increase
the transparency and accountability of charter schools and to provide
fiscal relief to local school districts.

Sections 2 Amends paragraph 1 of subdivision 1 of section 2851 of the
education law to remove fox profit operators from the law and limits
salaries of not for profit management companies to the comparable sala-
ries of the school district.

Section 3 Amends paragraphs (d), (h), (p), and 06 of subdivision 2 of
section 2851 of the education law to require that charter schools up for
renewal include a plan on how they will ensure student enrollment
reflects local school district enrollment. Requires charter schools to
show how they intend to provide services to students on long term
suspension or expulsion. Allows charter schools to provide instruction
for 5 years before renewal of the charter. Requires the board to adopt a
code of ethics in compliance with the general municipal law.

Section 4 Amends paragraph (a) of subdivision 4 of Section 2851 of the
education law to require a charter school applying for renewal to
include disaggregated student performance data in the progress report.

Section 5 Amends subdivision 2 of section 2852 of the education law by
adding paragraphs (e) and (f) to require the approval of the application
by the board of education.

Section 6 Amends Subdivision 5-b of section 2852 of the education law to
require SUNY to provide an explanation why they are not making modifica-
tions in a charter suggested by the Regents and removes the automatic
approval of second submissions by SUNY.

Section 7 Amends Subdivision 7 of Section 2852 by adding a new paragraph
(c) of the education law that requires charter entities to deny a char-
ter revision that would increase charter school enrollment above 5
percent of the enrollment of the school district where the charter
school is located and defines the school district of location as the
community school district for New York city.

Section 8 Amends Subdivision 10 of Section 2852 of the education law to
change the approval date from March 15 to January 15 in order for a

school to open the following September. This provision gives school
district more ability to plan in their budget process.

Section 9 Amends Subdivision 2 of Section 2853 of the education law to
require State Education Department to include charter schools in any
review or audit of state test administration and scoring.

Section 10 Amends paragraph (a) of Subdivision 3 of Section 2853 of the
education law to set limits on shared space when a school district is
not meeting class size targets.

Section 11 Amends Subdivision 3 of Section 2853 by adding paragraphs (d)
and (e) of the education law to require charter school facility projects
to follow the prevailing wage statutes and to require schools to make
equitable improvements in shared facilities.

Section 12 Amends Paragraphs (c) and (e) of Subdivision 1 of Section
2854 of the education law to clarify that charter school boards must
have a code of ethics in conformance with the general municipal law and
that charter schools are subject to audits by the charter entity.

Section 13 Amends Subdivision 1 of Section 2854 of the education law by
adding paragraph (f) to require charter schools to have a code of
ethics.

Section 14 Amends Subdivision 2 Section 2854 of the education law and
paragraphs (a) and (b)as amended by section 5 of Part-D2 of chapter 57
of laws of 2007 to require the charter school to develop a plan for
enrolling students with disabilities and limited English proficient
students at the same levels as the local school district. It requires
Charter schools to give a preference to students on free and reduced
price lunch, students with disabilities and. students with limited
English proficiency when conducting a lottery. It requires charter
schools to provide a report to the chartering entity indicating the
number students leaving the school, why they left and when they left.
It requires the charter entity to ensure the random selection process of
the lottery is conducted properly.

Section 15 Amends paragraphs (b-1), (c) and (c-1) of Subdivision 3 of
Section 2854 of the education law to clarify that charter schools
employees are members of the local collective bargaining unit and that
charter school teachers are members of the retirement system.

Section 16 Amends Subdivision 1 of Section 2855 of the education law to
clarify that a charter shall be revoked if a school would be subject to
registration revocation and had not met AYP in the last three years. The
previous language only required growth rather than meeting AYP. It
allows for revocation when the school does not meet performance targets
contained in the charter and student demographics of the district of
location for 2 years.

Section 17 Amends subdivision 1 of Section 2856 of the education law to
require the state to reimburse school districts for the local share of
charter school tuition in the June State aid payment. This provision
removes charter school funding from local school districts. School
districts already receive state aid for these students so the only
portion not paid by the state is the local share. We may have to phase
in this change due to the state fiscal crisis but I think this is a good
starting point. It leaves room for compromise. It also requires charter
schools to provide actual enrollment counts after the initial payment
each year.

Section 18 Amends subdivisions 2 and 3 of Section 2857 of the education
law to require that Charter school annual reports be placed on school
district web sites. It requires the report to include disaggregated
student performance data and additional financial information. It
requires SED to do an annual report by December first of each year to
include information on best practices.

Section 19 Amends Paragraph (a) of Subdivision 7 of Section 1608 of the
education law to require that school districts include charter school
payments in the property tax report card. section 20 Amends Paragraph
(a) of Subdivision 7 of section 1716 of the education law to require
school districts to include charter school payments in the property tax
report card.

Section 21 Amends Paragraph (t) of subdivision 1 of Section 3602 of the
education law to adjust the formula used to compute approved operating
expenses (AGE). When the state aid formula was revised in 2007-08, cate-
gorical grant programs were merged into a new Foundation Aid formula
which has had the unintended consequence of artificially inflating AGE.

Section 22 is the effective date.

JUSTIFICATION: New York's charter school law was enacted 11 years ago
in an effort to create new learning opportunities 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 information to make judg-
ments 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 will clarify the
transparency and accountability of charter schools and provide fiscal
relief to the school districts where charter schools are located.

This bill would provide fiscal relief to local property taxpayers by
reimbursing the local share of the charter school tuition payment going
forward. The savings to property taxpayers and the cost to the State
would be approximately $163 million. This bill would ensure fairness in
funding, so that both charter schools and regular schools can provide a
quality education for all students. Fairness in resources means charter

school funding cannot come at the expense of neighborhood public
schools.

Just as the deregulation of Wall street led to the economic and subprime
mortgage crisis, the Medoff scandal and excessive executive bonuses,
deregulating public education and turning over taxpayers' dollars to
Private operators without sufficient accountability and transparency has
created opportunities for mismanagement and abuses.

Many charter schools send 30 percent of this money to management compa-
nies, both for-profit and not-for-profit - money that never makes it
into the classroom. Charter school board members and employees should be
subject to the exact same financial disclosure requirements and
conflict-of-interest prohibitions as other public officials and employ-
ees. For-profit operators should be banned from owning or operating
charter schools, and management fees and charter operator salaries
should be publicly disclosed.

Charter operators are currently exempt from having to issue property tax
report cards; do not hold public votes on their school budgets or elect
independent school board members in a public vote. This bill would
include charter school payments in the property tax report card.

Charter operators, who receive more than 95 percent of their revenue
from public funds, currently are also exempt from audits by the Office
of the State Comptroller, which recently completed audits of all other
regular public schools. This bill would allow the state and City comp-
troller to conduct audits.

PRIOR LEGISLATIVE HISTORY: 2011-12 Referred to Education 2009-10
Referred to Education

FISCAL IMPLICATIONS: In New York state, we currently have 140 charter
schools operating in 2009-10, serving about 44,000 kids. Traditional
public schools sent $530 million this year to charter schools via their
tuition payments.

Tuition payments come from a combination of state and local dollars. In
the 2009-10 school year, almost 50 percent or $263 million came from
local revenue or property taxes.

If the state legislature raises the charter cap to 460 we will more than
triple the number of schools, students and costs. If school sizes remain
consistent - New York will have 145,000 kids in charter schools and
taxpayers will be sending $2 billion to charter schools.

If the new charter schools. are similarly distributed around the state
this would add an additional $1 billion cost to property taxpayers.
This is an overall increase in costs which is more than twice the value
of Race to the Top, a one-time grant.

EFFECTIVE DATE: This act shall take effect immediately, with
provisions.

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

                                  1540

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing  the  offense
  of unlawfully residing or entering upon school grounds

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

  Section 1. The penal law is amended by adding two new sections  130.82
and 130.83 to read as follows:
S 130.82 UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL GROUNDS IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL
GROUNDS  IN  THE SECOND DEGREE WHEN, HAVING BEEN CONVICTED OF AN OFFENSE
DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A
OF THE CORRECTION LAW, HE OR SHE KNOWINGLY  RESIDES  WITHIN,  OR  ENTERS
INTO  OR  UPON ANY SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF
SECTION 220.00 OF THIS CHAPTER, DURING THE PERIOD OF TIME HE OR  SHE  IS
REQUIRED  TO  REGISTER  AND  VERIFY  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-EIGHT-H OF THE CORRECTION LAW.
  IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF UNLAWFULLY RESIDING
OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE THAT THE  DEFENDANT
(1)  IS A REGISTERED STUDENT OR AN EMPLOYEE OF A SCHOOL UPON SUCH SCHOOL
GROUNDS, OR HAS A FAMILY MEMBER ENROLLED IN A SCHOOL  UPON  SUCH  SCHOOL
GROUNDS,  AND  (2)  ENTERED  UPON  SUCH  SCHOOL  GROUNDS FOR THE LIMITED
PURPOSES AUTHORIZED BY THE SUPERINTENDENT OR CHIEF ADMINISTRATOR OF SUCH
SCHOOL.
  UNLAWFULLY RESIDING OR ENTERING UPON  SCHOOL  GROUNDS  IN  THE  SECOND
DEGREE IS A CLASS A MISDEMEANOR.
S 130.83 UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL GROUNDS IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL
GROUNDS IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF UNLAW-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06196-01-1

S. 1540                             2

FULLY  RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE, AS
DEFINED IN SECTION 130.82 OF THIS ARTICLE, AND  HAS  BEEN  CONVICTED  OF
UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL GROUNDS IN THE FIRST OR
SECOND DEGREE IN THE PREVIOUS FIVE YEARS.
  UNLAWFULLY  RESIDING  OR  ENTERING  UPON  SCHOOL  GROUNDS IN THE FIRST
DEGREE IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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