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

                                 2415--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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.  Legislative  intent.  New  York's  charter school law was
enacted 14 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. Fourteen years provides the state with  enough  informa-
tion  to  make  judgments  about  changes  that are needed in the law to
ensure the public knows how their tax dollars are  being  spent  and  to
ensure  public  schools  serving  the  majority  of  students  have  the
resources needed to provide a quality education to  all  students.  This
legislation  is  intended to clarify the transparency and accountability
of charter schools and provide fiscal relief  to  the  school  districts
where charter schools are located.
  S  2.  Subdivision 1 of section 2851 of the education law, as added by
chapter 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07188-04-2
              

S. 2415--A                          2

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], AND PROVIDED THAT UNDER NO CIRCUMSTANCES SHALL AN  APPLICA-
TION  TO  ESTABLISH  A  CHARTER  SCHOOL OR APPROVAL TO OPERATE A CHARTER
SCHOOL BE GRANTED TO A FOR-PROFIT BUSINESS OR CORPORATE  ENTITY  AUTHOR-
IZED  TO  DO  BUSINESS  IN THIS STATE NOR IN ANY MANNER WHATSOEVER SHALL
THEY HAVE AN INVOLVEMENT IN THE MANAGEMENT AND OPERATION  OF  A  CHARTER
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 CORPO-
RATION MAY NOT EXCEED THE  SALARIES  FOR  COMPARABLE  POSITIONS  IN  THE
SCHOOL DISTRICT OF LOCATION.
  S 3. Paragraphs (d), (h), (p) and (v) of subdivision 2 of section 2851
of  the  education  law, paragraphs (d) and (h) as added by chapter 4 of
the laws of 1998 and paragraphs (p) and (v) as amended by chapter 101 of
the laws of 2010, are 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.
  (h) The rules and procedures by which  students  may  be  disciplined,
including  but  not  limited to expulsion or suspension from the school,
which shall be consistent with the requirements of due process and  with
federal  laws  and  regulations governing the placement of students with
disabilities. SUCH RULES AND PROCEDURES SHALL INCLUDE THE  PROVISION  OF
EDUCATIONAL  SERVICES  TO  ANY STUDENT ON LONG TERM SUSPENSION OR EXPUL-
SION.
  (p) The term of the proposed charter,  which  shall  not  exceed  five
years  DURING WHICH INSTRUCTION IS PROVIDED TO PUPILS; 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.
  (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.    SUCH CODE OF ETHICS SHALL BE IN COMPLIANCE WITH SECTION
EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW.
  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.  Paragraphs  (c) and (d) of subdivision 2 of section 2852 of the
education law, paragraph (c) as amended and paragraph (d)  as  added  by

S. 2415--A                          3

section 2 of part D-2 of chapter 57 of the laws of 2007, are amended and
two new paragraphs (e) and (f) are added to read as follows:
  (c) granting the application is likely to improve student learning and
achievement  and  materially further the purposes set out in subdivision
two of section twenty-eight hundred fifty of this article; [and]
  (d) in a school  district  where  the  total  enrollment  of  resident
students attending charter schools in the base year is greater than five
percent  of the total public school enrollment of the school district in
the base year [(i) granting the application  would  have  a  significant
educational  benefit  to  the  students  expected to attend the proposed
charter school or (ii) the school district in which the  charter  school
will  be  located  consents  to  such application.] FOR PURPOSES OF THIS
PARAGRAPH, IN A CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE,  THE
SCHOOL DISTRICT SHALL BE THE COMMUNITY SCHOOL DISTRICT;
  (E) THE APPLICATION FOR THE CHARTER SCHOOL IS APPROVED BY THE BOARD OF
EDUCATION  OF  THE  SCHOOL  DISTRICT  WHERE  THE CHARTER SCHOOL IS TO BE
LOCATED; AND
  (F) THE CHARTER ENTITY SHALL NOT APPROVE  AN  APPLICATION  THAT  WOULD
HAVE THE EFFECT OF INCREASING THE RACIAL ISOLATION OF A SCHOOL DISTRICT.
  S 6. 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 charter
entity pursuant to the provisions of subdivision five-a of this section,
such  charter  entity shall reconsider the proposed charter, taking into
consideration the comments and recommendation of the board  of  regents.
Thereafter,  the  charter  entity 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 WITH AN EXPLANATION WHY
THE MODIFICATIONS ARE NOT BEING MADE, or abandon the  proposed  charter.
The board of regents shall review each such resubmitted proposed charter
in  accordance  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 char-
ter  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  7. 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 8. 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 charter school
formed  by  approval  of  the regents or by operation of law on or after

S. 2415--A                          4

[March] JANUARY fifteenth in any school year shall not commence instruc-
tion until July of the second school year next following.
  S  9.  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  school
approved  by  such  entity,  and may visit, examine into and inspect any
charter school, including the records of such school,  under  its  over-
sight.  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.   THE DEPARTMENT
SHALL INCLUDE CHARTER SCHOOLS IN ANY REVIEW OR AUDIT OF STATE ASSESSMENT
ADMINISTRATION OR SCORING.
  S 10. 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, A CHARTER
SCHOOL SHALL NOT BE LOCATED IN ANY PART OF AN EXISTING  SCHOOL  BUILDING
WHEN  SUCH  SHARING WOULD IMPACT THE PUBLIC SCHOOL'S ABILITY TO MEET THE
CLASS SIZE TARGETS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  ELEVEN-D
OF  THIS  CHAPTER.    Provided,  however, before a charter school may be
located in part of an existing public school building, the charter enti-
ty shall provide notice to the parents or guardians of the students then
enrolled in the existing school building and shall hold a public hearing
for purposes of discussing the location of the charter school. A charter
school may own, lease or rent its space.
  S 11. Subdivision 3 of section 2853 of the education law is amended by
adding two new paragraphs (e) and (f) to read as follows:
  (E) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CAPITAL FACILITY,  OR
OTHER  IMPROVEMENTS  MADE IN PUBLIC SCHOOL BUILDINGS OR EQUIPMENT WITH A
PERIOD OF PROBABLE USEFULNESS OF FIVE OR  MORE  YEARS,  WITH  PUBLIC  OR
PRIVATE FUNDS, TO ACCOMMODATE CHARTER SCHOOLS, 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  12.  Paragraphs (c) and (e) of subdivision 1 of section 2854 of the
education law, paragraph (c) as amended by chapter 101 of  the  laws  of
2010,  and  paragraph (e) as added by chapter 4 of the laws of 1998, are
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 of the state  of  New
York  at  his  or  her discretion] MAY BE SUBJECT TO AUDITS BY THE STATE
COMPTROLLER OR BY THE CHARTER ENTITY.   Such  procedures  and  standards
shall  be consistent with generally accepted accounting and audit stand-
ards.  Independent fiscal audits shall be required at least once annual-
ly.
  (e) A charter school shall be subject to the  provisions  of  articles
six  and  seven  of the public officers law IN THE SAME MANNER AS PUBLIC
SCHOOL DISTRICTS.
  S 13. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (g) to read as follows:

S. 2415--A                          5

  (G) A CHARTER SCHOOL SHALL BE SUBJECT TO  THE  PROVISIONS  OF  SECTION
EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW.
  S  14. 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  TWO  THOUSAND
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
pupils WHEN THE CHARTER SCHOOL IS LOCATED WITHIN ONE MILE OF THE PUPILS'
RESIDENCE, 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 LUNCH, AND STUDENTS
WITH DISABILITIES, AND STUDENTS WITH LIMITED ENGLISH PROFICIENCY.    The
commissioner  shall  establish  regulations  to  require that the random

S. 2415--A                          6

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.    THE  CHARTER  ENTITY  IS  RESPONSIBLE  FOR  ENSURING  THE
SELECTION PROCESS IS CONDUCTED IN ACCORDANCE WITH THIS PARAGRAPH. IF THE
CHARTER  ENTITY  DETERMINES  THE  PROCESS IS NOT IN COMPLIANCE WITH THIS
PARAGRAPH, THE CHARTER ENTITY SHALL CONDUCT THE PROCESS.
  (c) A charter school shall serve one or more of the grades one through
twelve, and shall limit admission to  pupils  within  the  grade  levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten program.
  (d)  A  student  may  withdraw  from  a charter school at any time and
enroll in a public school. A CHARTER SCHOOL MUST PROVIDE A REPORT TO THE
CHARTERING ENTITY EACH YEAR INDICATING THE NUMBER  OF  STUDENTS  LEAVING
THE  CHARTER  SCHOOL, THE MONTHS IN WHICH THE STUDENTS LEAVE THE SCHOOL,
THE REASON THE STUDENTS LEAVE THE SCHOOL AND THE SCHOOL THE  STUDENT  IS
CURRENTLY  ATTENDING.  A  charter  school  may  refuse  admission to any
student who has been expelled or suspended from a  public  school  until
the  period  of  suspension  or  expulsion  from  the  public school has
expired, consistent with the requirements of due process.
  S 15. Paragraphs (b-1), (c) and (c-1) of subdivision 3 of section 2854
of the education law, paragraph (b-1) as amended by section  6  of  part
D-2  of  chapter 57 of the laws of 2007, and paragraphs (c) and (c-1) as
added by chapter 4 of the laws of 1998, are 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]  THE
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 represented 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 extension of a  charter;  and  (iv)  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 bargain-
ing 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,

S. 2415--A                          7

choose  whether  or  not  to  offer the terms of any existing collective
bargaining to school employees.] PROVIDED, HOWEVER, THAT A  MAJORITY  OF
THE MEMBERS OF A NEGOTIATING UNIT WITHIN A CHARTER SCHOOL MAY MODIFY, IN
WRITING,  A  COLLECTIVE BARGAINING AGREEMENT FOR THE PURPOSES OF EMPLOY-
MENT IN THE CHARTER SCHOOL WITH THE APPROVAL OF THE BOARD OF TRUSTEES OF
THE CHARTER SCHOOL.
  (c) The employees of the charter school [may] SHALL be deemed  employ-
ees of the local school district for the purpose of providing retirement
benefits,  including  membership  in the teachers' retirement system and
other retirement systems open to employees of public schools. The finan-
cial contributions for such benefits shall be the responsibility of  the
charter  school and the school's employees. The commissioner, in consul-
tation with the comptroller, shall develop regulations to implement  the
provisions  of this paragraph in a manner that allows charter schools to
provide retirement benefits to its employees in the same manner as other
public school employees.
  (c-1) Reasonable access. (i) If employees of the  charter  school  are
not  represented,  any charter school chartered pursuant to this article
must afford reasonable access to any employee  organization  during  the
reasonable proximate period before any representation question is raised
IN THE SAME MANNER AS ANY PUBLIC EMPLOYER; or
  (ii)  If  the  employee  organization  is  a challenging organization,
reasonable access must be provided to any organization seeking to repre-
sent employees beginning with a date reasonably proximate to a challenge
period. Reasonableness is defined, at a minimum, as access equal to that
provided to the incumbent organization.
  S 16. 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] SHALL terminate
a charter upon any of the following grounds:
  (a) When a charter school's outcome  on  student  assessment  measures
adopted  by  the board of regents falls below the level that would allow
the commissioner to revoke the registration of  another  public  school,
and student achievement on such measures [has not shown improvement] HAS
NOT MET ANNUAL YEARLY PROGRESS over the preceding three school years;
  (b) Serious violations of law;
  (c)  Material  and  substantial  violation  of  the charter, including
fiscal mismanagement AND FAILURE TO MEET STUDENT PERFORMANCE TARGETS;
  (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 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, however, if no grounds for terminating  a
charter  are established pursuant to this section other than pursuant to
this paragraph, and the charter 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

S. 2415--A                          8

support such students in such charter school, then the charter entity or
board of regents may retain such charter[.]; OR
  (F)  FAILURE  TO ENROLL A COMPARABLE PERCENTAGE OF STUDENTS QUALIFYING
FOR FREE LUNCH, STUDENTS WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS
FOR TWO CONSECUTIVE YEARS.
  S 17. Subdivision 1 of section 2856 of the education law,  as  amended
by  chapter 378 of the laws of 2007, paragraph (a) as amended by section
21 of part A of chapter 57 of the laws of 2009, is amended  to  read  as
follows:
  1.  (a)  The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be an amount equal to one hundred percent  of
the  amount  calculated  pursuant  to  paragraph f of subdivision one of
section thirty-six hundred two of this chapter for the  school  district
for  the  year prior to the base year increased by the percentage change
in the state total approved operating  expense  calculated  pursuant  to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter  from  two  years  prior  to  the  base  year  to the base year;
provided, however, that for the  two  thousand  nine--two  thousand  ten
school  year, the charter school basic tuition shall be the amount paya-
ble by such district as charter school basic tuition for the  two  thou-
sand  eight--two  thousand  nine  school  year.    FOR  THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER THE STATE SHALL
REIMBURSE SCHOOL DISTRICTS FOR THE LOCAL SHARE  OF  THE  CHARTER  SCHOOL
TUITION  PAYMENT  OF ANY STUDENTS ATTENDING A CHARTER SCHOOL IN THE JUNE
PAYMENT REQUIRED BY SECTION THREE THOUSAND SIX HUNDRED  NINE-A  OF  THIS
CHAPTER.  SUCH  LOCAL  SHARE  SHALL  BE CALCULATED BY DEDUCTING FROM THE
CHARTER SCHOOL TUITION PAYMENT  THE  PER  PUPIL  FOUNDATION  AID  AMOUNT
ATTRIBUTABLE TO SUCH PUPIL.
  (b)  The school district shall also pay directly to the charter school
any federal or state aid attributable to a  student  with  a  disability
attending charter school in proportion to the level of services for such
student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable  pursuant to this subdivision from state or local funds
may be reduced pursuant to an agreement between the school and the char-
ter entity set forth in the charter.  Payments  made  pursuant  to  this
subdivision  shall  be  made by the school district in six substantially
equal installments each year beginning on the first business day of July
and every two months thereafter. Amounts payable under this  subdivision
shall  be  determined  by the commissioner. Amounts payable to a charter
school in its first year of operation shall be based on the  projections
of initial-year enrollment set forth in the charter until actual enroll-
ment data is reported to the school district by the charter school. SUCH
ACTUAL ENROLLMENT SHALL BE REPORTED TO THE SCHOOL DISTRICT PRIOR TO EACH
PAYMENT  FOLLOWING  THE  INITIAL  JULY  PAYMENT  WHICH SHALL BE BASED ON
PROJECTED ENROLLMENT. Such projections  shall  be  reconciled  with  the
actual  enrollment  as  actual enrollment data is so reported and at the
end of the school's first year of operation  and  each  subsequent  year

S. 2415--A                          9

based  on a final report of actual enrollment by the charter school, and
any necessary adjustments resulting from such final report shall be made
to payments during the school's following year of operation.
  (c)  Notwithstanding  any  other  provision of this subdivision to the
contrary, payment of the federal aid attributable to a  student  with  a
disability  attending  a charter school shall be made in accordance with
the requirements of section 8065-a of title twenty of the United  States
code  and sections 76.785-76.799 and 300.209 of title thirty-four of the
code of federal regulations.
  S 18. Subdivisions 2 and 3 of  section  2857  of  the  education  law,
subdivision  2  as amended and paragraph (a-1) of subdivision 3 as added
by chapter 101 of the laws of 2010  and  subdivision  3  as  amended  by
section  7 of part D-2 of chapter 57 of the laws of 2007, are 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  PROVIDED TO THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED
FOR DISPLAY ON THE SCHOOL DISTRICT WEBSITE, 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  DISAGGREGATED  FOR
SUB-GROUPS,  college  entry rates, total spending per pupil and adminis-
trative 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 accessi-
ble to the community including making it publicly available by transmit-
ting  it to local newspapers of general circulation and making it avail-
able 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 FROM ALL SOURCES and expenditures INCLUDING THE
SALARY OF THE SCHOOL LEADER AND ANY OTHER  SALARIES  IN  EXCESS  OF  THE
REPORTING  REQUIREMENTS FOR PUBLIC SCHOOL DISTRICTS CONTAINED IN SECTION
ONE THOUSAND SIX HUNDRED  EIGHT  OF  THIS  CHAPTER  AND  CONTRACTS  WITH
CONSULTANTS  AND VENDORS 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
meet  or  exceed  enrollment  and  retention targets set by the board of
regents or the board of trustees of the state university of New York, as
applicable, of students with disabilities,  English  language  learners,
and  students who are eligible applicants for the free and reduced price
lunch program established pursuant to paragraph (e) of subdivision  four
of section twenty-eight hundred fifty-one of this article.
  3. The board of regents shall report annually BY DECEMBER FIRST to the
governor,  the temporary president of the senate, and the speaker of the
assembly AND THE PUBLIC the following information:

S. 2415--A                         10

  (a) The number, distribution, and a brief description of  new  charter
schools established during the preceding year;
  (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;
  (b) The department's assessment of the current and projected  program-
matic  and  fiscal impact of charter schools on the delivery of services
by school districts;
  (c) The academic progress of students attending  charter  schools,  as
measured  against  comparable  public and nonpublic schools with similar
student population characteristics [wherever practicable];
  (d) A list of all actions taken by a charter entity on charter  appli-
cation  and the rationale for the renewal or revocation of any charters;
and
  (e) Any other information regarding charter schools that the board  of
regents deems necessary INCLUDING INFORMATION ON BEST PRACTICES OF CHAR-
TER SCHOOLS THAT IMPROVE STUDENT PERFORMANCE.
  The  format  for this annual report shall be developed in consultation
with representatives of school districts and charter school officials.
  S 19. Subparagraph (v) of paragraph a of subdivision 7 of section 1608
of the education law, as amended by section 4 of part A of chapter 97 of
the laws of 2011, is amended and a new subparagraph  (vi)  is  added  to
read as follows:
  (v) the projected amount of the unappropriated unreserved fund balance
that  will  be retained if the proposed budget is adopted, the projected
amount of the reserved fund balance, the projected amount of the  appro-
priated  fund  balance,  the  percentage of the proposed budget that the
unappropriated unreserved fund balance represents, the  actual  unappro-
priated  unreserved  fund balance retained in the school district budget
for the preceding school year, and the percentage of the school district
budget for the preceding school  year  that  the  actual  unappropriated
unreserved fund balance represents[.]; AND
  (VI) THE PROJECTED AMOUNT OF PAYMENTS TO BE MADE TO CHARTER SCHOOLS IN
THE NEXT SCHOOL YEAR.
  S 20. Subparagraph (v) of paragraph a of subdivision 7 of section 1716
of the education law, as amended by section 5 of part A of chapter 97 of
the  laws  of  2011,  is amended and a new subparagraph (vi) is added to
read as follows:
  (v) the projected amount of the unappropriated unreserved fund balance
that will be retained if the proposed budget is adopted,  the  projected
amount  of the reserved fund balance, the projected amount of the appro-
priated fund balance, the percentage of the  proposed  budget  that  the
unappropriated  unreserved  fund balance represents, the actual unappro-
priated unreserved fund balance retained in the school  district  budget
for the preceding school year, and the percentage of the school district
budget  for  the  preceding  school  year that the actual unappropriated
unreserved fund balance represents[.]; AND
  (VI) THE PROJECTED AMOUNT OF PAYMENTS TO BE MADE TO CHARTER SCHOOLS IN
THE NEXT SCHOOL YEAR.
  S 21. Paragraph t of subdivision 1 of section 3602  of  the  education
law is amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  TO  THE CONTRARY, IN
COMPUTING APPROVED OPERATING EXPENSE PURSUANT TO THIS PARAGRAPH FOR CITY
SCHOOL DISTRICTS OF THOSE CITIES HAVING A POPULATION IN  EXCESS  OF  ONE
HUNDRED  TWENTY-FIVE THOUSAND BUT LESS THAN ONE MILLION; AN AMOUNT EQUAL

S. 2415--A                         11

TO (I) THE AMOUNT COMPUTED FOR THE SCHOOL DISTRICT FOR THE TWO  THOUSAND
SIX--TWO THOUSAND SEVEN SCHOOL YEAR PURSUANT TO FORMER SUBDIVISION THIR-
TY-SEVEN  OF THIS SECTION AS THIS SECTION EXISTED ON JUNE THIRTIETH, TWO
THOUSAND SEVEN, (II) THE STATE FUNDS WHICH SUCH DISTRICT RECEIVED IN THE
TWO  THOUSAND  SIX--TWO  THOUSAND  SEVEN  SCHOOL  YEAR FOR MAGNET SCHOOL
GRANTS TO PUBLIC SCHOOLS, AND (III) THE STATE FUNDS WHICH SUCH  DISTRICT
RECEIVED  IN  THE  TWO  THOUSAND SIX--TWO THOUSAND SEVEN SCHOOL YEAR FOR
TEACHER SUPPORT, SHALL BE ACCOUNTED FOR IN THE SAME WAY AS  STATE  FUNDS
RECEIVED  FOR  SUCH  PURPOSE IN THE TWO THOUSAND SIX--TWO THOUSAND SEVEN
SCHOOL YEAR.
  S 22. This act shall take effect immediately; provided, however,  that
the  amendments  to  subdivision  1 of section 2856 of the education law
made by section seventeen of this act shall not affect the expiration of
such subdivision and shall expire therewith; provided further  that  the
amendments to paragraph a of subdivision 7 of section 1608 of the educa-
tion law made by section nineteen of this act shall not affect the expi-
ration  of  such  paragraph  and  shall  expire  therewith; and provided
further that the amendments to paragraph a of subdivision 7  of  section
1716  of  the education law made by section twenty of this act shall not
affect the expiration of such paragraph and shall expire therewith.

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

                                 2415--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.  Legislative  intent.  New  York's  charter school law was
enacted 14 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. Fourteen 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07188-06-2
              

S. 2415--B                          2

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], AND PROVIDED THAT UNDER NO CIRCUMSTANCES SHALL AN APPLICA-
TION TO ESTABLISH A CHARTER SCHOOL OR  APPROVAL  TO  OPERATE  A  CHARTER
SCHOOL  BE  GRANTED TO A FOR-PROFIT BUSINESS OR CORPORATE ENTITY AUTHOR-
IZED TO DO BUSINESS IN THIS STATE NOR IN  ANY  MANNER  WHATSOEVER  SHALL
THEY  HAVE  AN  INVOLVEMENT IN THE MANAGEMENT AND OPERATION OF A CHARTER
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 CORPO-
RATION  MAY  NOT  EXCEED  THE  SALARIES  FOR COMPARABLE POSITIONS IN THE
SCHOOL DISTRICT OF LOCATION.
  S 3. Paragraphs (d), (h), (p) and (v) of subdivision 2 of section 2851
of the education law, paragraphs (d) and (h) as added by  chapter  4  of
the laws of 1998 and paragraphs (p) and (v) as amended by chapter 101 of
the laws of 2010, are 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.
  (h)  The  rules  and  procedures by which students may be disciplined,
including but not limited to expulsion or suspension  from  the  school,
which  shall be consistent with the requirements of due process and with
federal laws and regulations governing the placement  of  students  with
disabilities.  SUCH  RULES AND PROCEDURES SHALL INCLUDE THE PROVISION OF
EDUCATIONAL SERVICES TO ANY STUDENT ON LONG TERM  SUSPENSION  OR  EXPUL-
SION.
  (p)  The  term  of  the  proposed charter, which shall not exceed five
years DURING WHICH INSTRUCTION IS PROVIDED TO PUPILS; 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.
  (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.  SUCH CODE OF ETHICS SHALL BE IN  COMPLIANCE  WITH  SECTION
EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW.
  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. 2415--B                          3

  S 5. Paragraphs (c) and (d) of subdivision 2 of section  2852  of  the
education  law,  paragraph  (c) as amended and paragraph (d) as added by
section 2 of part D-2 of chapter 57 of the laws of 2007, are amended and
two new paragraphs (e) and (f) are added to read as follows:
  (c) granting the application is likely to improve student learning and
achievement  and  materially further the purposes set out in subdivision
two of section twenty-eight hundred fifty of this article; [and]
  (d) in a school  district  where  the  total  enrollment  of  resident
students attending charter schools in the base year is greater than five
percent  of the total public school enrollment of the school district in
the base year [(i) granting the application  would  have  a  significant
educational  benefit  to  the  students  expected to attend the proposed
charter school or (ii) the school district in which the  charter  school
will  be  located  consents  to  such application.] FOR PURPOSES OF THIS
PARAGRAPH, IN A CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE,  THE
SCHOOL DISTRICT SHALL BE THE COMMUNITY SCHOOL DISTRICT;
  (E) THE APPLICATION FOR THE CHARTER SCHOOL IS APPROVED BY THE BOARD OF
EDUCATION  OF  THE  SCHOOL  DISTRICT  WHERE  THE CHARTER SCHOOL IS TO BE
LOCATED; AND
  (F) THE CHARTER ENTITY SHALL NOT APPROVE  AN  APPLICATION  THAT  WOULD
HAVE THE EFFECT OF INCREASING THE RACIAL ISOLATION OF A SCHOOL DISTRICT.
  S 6. 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 charter
entity pursuant to the provisions of subdivision five-a of this section,
such  charter  entity shall reconsider the proposed charter, taking into
consideration the comments and recommendation of the board  of  regents.
Thereafter,  the  charter  entity 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 WITH AN EXPLANATION WHY
THE MODIFICATIONS ARE NOT BEING MADE, or abandon the  proposed  charter.
The board of regents shall review each such resubmitted proposed charter
in  accordance  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 char-
ter  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  7. 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 8. 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

S. 2415--B                          4

section twenty-eight hundred fifty-one of this article, a charter school
formed  by  approval  of  the regents or by operation of law on or after
[March] JANUARY fifteenth in any school year shall not commence instruc-
tion until July of the second school year next following.
  S  9.  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  school
approved  by  such  entity,  and may visit, examine into and inspect any
charter school, including the records of such school,  under  its  over-
sight.  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.   THE DEPARTMENT
SHALL INCLUDE CHARTER SCHOOLS IN ANY REVIEW OR AUDIT OF STATE ASSESSMENT
ADMINISTRATION OR SCORING.
  S 10. 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, A CHARTER
SCHOOL SHALL NOT BE LOCATED IN ANY PART OF AN EXISTING  SCHOOL  BUILDING
WHEN  SUCH  SHARING WOULD IMPACT THE PUBLIC SCHOOL'S ABILITY TO MEET THE
CLASS SIZE TARGETS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  ELEVEN-D
OF  THIS  CHAPTER.    Provided,  however, before a charter school may be
located in part of an existing public school building, the charter enti-
ty shall provide notice to the parents or guardians of the students then
enrolled in the existing school building and shall hold a public hearing
for purposes of discussing the location of the charter school. A charter
school may own, lease or rent its space.
  S 11. Subdivision 3 of section 2853 of the education law is amended by
adding two new paragraphs (e) and (f) to read as follows:
  (E) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CAPITAL FACILITY,  OR
OTHER  IMPROVEMENTS  MADE IN PUBLIC SCHOOL BUILDINGS OR EQUIPMENT WITH A
PERIOD OF PROBABLE USEFULNESS OF FIVE OR  MORE  YEARS,  WITH  PUBLIC  OR
PRIVATE FUNDS, TO ACCOMMODATE CHARTER SCHOOLS, 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  12.  Paragraphs (c) and (e) of subdivision 1 of section 2854 of the
education law, paragraph (c) as amended by chapter 101 of  the  laws  of
2010,  and  paragraph (e) as added by chapter 4 of the laws of 1998, are
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 of the state  of  New
York  at  his  or  her discretion] MAY BE SUBJECT TO AUDITS BY THE STATE
COMPTROLLER OR BY THE CHARTER ENTITY.   Such  procedures  and  standards
shall  be consistent with generally accepted accounting and audit stand-
ards.  Independent fiscal audits shall be required at least once annual-
ly.
  (e) A charter school shall be subject to the  provisions  of  articles
six  and  seven  of the public officers law IN THE SAME MANNER AS PUBLIC
SCHOOL DISTRICTS.

S. 2415--B                          5

  S 13. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (g) to read as follows:
  (G)  A  CHARTER  SCHOOL  SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW.
  S 14. 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 TWO THOUSAND
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
pupils WHEN THE CHARTER SCHOOL IS LOCATED WITHIN ONE MILE OF THE PUPILS'
RESIDENCE,  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 LUNCH, AND  STUDENTS

S. 2415--B                          6

WITH  DISABILITIES,  AND STUDENTS WITH LIMITED ENGLISH PROFICIENCY.  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.    THE  CHARTER  ENTITY  IS  RESPONSIBLE  FOR  ENSURING  THE
SELECTION PROCESS IS CONDUCTED IN ACCORDANCE WITH THIS PARAGRAPH. IF THE
CHARTER  ENTITY  DETERMINES  THE  PROCESS IS NOT IN COMPLIANCE WITH THIS
PARAGRAPH, THE CHARTER ENTITY SHALL CONDUCT THE PROCESS.
  (c) A charter school shall serve one or more of the grades one through
twelve, and shall limit admission to  pupils  within  the  grade  levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten program.
  (d)  A  student  may  withdraw  from  a charter school at any time and
enroll in a public school. A CHARTER SCHOOL MUST PROVIDE A REPORT TO THE
CHARTERING ENTITY EACH YEAR INDICATING THE NUMBER  OF  STUDENTS  LEAVING
THE  CHARTER  SCHOOL, THE MONTHS IN WHICH THE STUDENTS LEAVE THE SCHOOL,
THE REASON THE STUDENTS LEAVE THE SCHOOL AND THE SCHOOL THE  STUDENT  IS
CURRENTLY  ATTENDING.  A  charter  school  may  refuse  admission to any
student who has been expelled or suspended from a  public  school  until
the  period  of  suspension  or  expulsion  from  the  public school has
expired, consistent with the requirements of due process.
  S 15. Paragraphs (b-1), (c) and (c-1) of subdivision 3 of section 2854
of the education law, paragraph (b-1) as amended by section  6  of  part
D-2  of  chapter 57 of the laws of 2007, and paragraphs (c) and (c-1) as
added by chapter 4 of the laws of 1998, are 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]  THE
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 represented 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 extension of a  charter;  and  (iv)  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 bargain-
ing agreement between any public school district and its employees or to

S. 2415--B                          7

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.] PROVIDED, HOWEVER, THAT A MAJORITY OF
THE MEMBERS OF A NEGOTIATING UNIT WITHIN A CHARTER SCHOOL MAY MODIFY, IN
WRITING, A COLLECTIVE BARGAINING AGREEMENT FOR THE PURPOSES  OF  EMPLOY-
MENT IN THE CHARTER SCHOOL WITH THE APPROVAL OF THE BOARD OF TRUSTEES OF
THE CHARTER SCHOOL.
  (c)  The employees of the charter school [may] SHALL be deemed employ-
ees of the local school district for the purpose of providing retirement
benefits, including membership in the teachers'  retirement  system  and
other retirement systems open to employees of public schools. The finan-
cial  contributions for such benefits shall be the responsibility of the
charter school and the school's employees. The commissioner, in  consul-
tation  with the comptroller, shall develop regulations to implement the
provisions of this paragraph in a manner that allows charter schools  to
provide retirement benefits to its employees in the same manner as other
public school employees.
  (c-1)  Reasonable  access.  (i) If employees of the charter school are
not represented, any charter school chartered pursuant to  this  article
must  afford  reasonable  access to any employee organization during the
reasonable proximate period before any representation question is raised
IN THE SAME MANNER AS ANY PUBLIC EMPLOYER; or
  (ii) If the  employee  organization  is  a  challenging  organization,
reasonable access must be provided to any organization seeking to repre-
sent employees beginning with a date reasonably proximate to a challenge
period. Reasonableness is defined, at a minimum, as access equal to that
provided to the incumbent organization.
  S  16.  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] SHALL  terminate
a charter upon any of the following grounds:
  (a)  When  a  charter  school's outcome on student assessment measures
adopted by the board of regents falls below the level that  would  allow
the  commissioner  to  revoke the registration of another public school,
and student achievement on such measures [has not shown improvement] HAS
NOT MET ANNUAL YEARLY PROGRESS over the preceding three school years;
  (b) Serious violations of law;
  (c) Material and  substantial  violation  of  the  charter,  including
fiscal mismanagement AND FAILURE TO MEET STUDENT PERFORMANCE TARGETS;
  (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 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, however, if no grounds for terminating a
charter are established pursuant to this section other than pursuant  to
this  paragraph,  and  the  charter 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

S. 2415--B                          8

publicizing the lottery for such school,  and  efforts  to  academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter[.]; OR
  (F)  FAILURE  TO ENROLL A COMPARABLE PERCENTAGE OF STUDENTS QUALIFYING
FOR FREE LUNCH, STUDENTS WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS
FOR TWO CONSECUTIVE YEARS.
  S 17. Subdivision 1 of section 2856 of the education law,  as  amended
by  chapter 378 of the laws of 2007, paragraph (a) as amended by section
21 of part A of chapter 58 of the laws of 2011, is amended  to  read  as
follows:
  1.   (a) The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school  year and for school years following the two thousand twelve--two
thousand thirteen school year, an amount equal to one hundred percent of
the amount calculated pursuant to paragraph  f  of  subdivision  one  of
section  thirty-six  hundred two of this chapter for the school district
for the year prior to the base year increased by the  percentage  change
in  the  state  total  approved operating expense calculated pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through two  thou-
sand  twelve--two  thousand  thirteen  school  years, the charter school
basic tuition shall be the basic tuition computed for the  two  thousand
ten--two  thousand  eleven  school  year  pursuant  to the provisions of
subparagraph (i) of this paragraph.
  (A-1) FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN  SCHOOL  YEAR
AND  THEREAFTER THE STATE SHALL REIMBURSE SCHOOL DISTRICTS FOR THE LOCAL
SHARE OF THE CHARTER SCHOOL TUITION PAYMENT OF ANY STUDENTS ATTENDING  A
CHARTER  SCHOOL  IN  THE JUNE PAYMENT REQUIRED BY SECTION THREE THOUSAND
SIX HUNDRED NINE-A OF THIS CHAPTER. SUCH LOCAL SHARE SHALL BE CALCULATED
BY DEDUCTING FROM THE CHARTER SCHOOL TUITION PAYMENT THE PER PUPIL FOUN-
DATION AID AMOUNT ATTRIBUTABLE TO SUCH PUPIL.
  (b) The school district shall also pay directly to the charter  school
any  federal  or  state  aid attributable to a student with a disability
attending charter school in proportion to the level of services for such
student with a disability that the charter school provides  directly  or
indirectly.  Notwithstanding  anything  in this section to the contrary,
amounts payable pursuant to this subdivision from state or  local  funds
may be reduced pursuant to an agreement between the school and the char-
ter  entity  set  forth  in  the charter. Payments made pursuant to this
subdivision shall be made by the school district  in  six  substantially
equal installments each year beginning on the first business day of July
and  every two months thereafter. Amounts payable under this subdivision

S. 2415--B                          9

shall be determined by the commissioner. Amounts payable  to  a  charter
school  in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the charter until actual enroll-
ment data is reported to the school district by the charter school. SUCH
ACTUAL ENROLLMENT SHALL BE REPORTED TO THE SCHOOL DISTRICT PRIOR TO EACH
PAYMENT  FOLLOWING  THE  INITIAL  JULY  PAYMENT  WHICH SHALL BE BASED ON
PROJECTED ENROLLMENT. Such projections  shall  be  reconciled  with  the
actual  enrollment  as  actual enrollment data is so reported and at the
end of the school's first year of operation  and  each  subsequent  year
based  on a final report of actual enrollment by the charter school, and
any necessary adjustments resulting from such final report shall be made
to payments during the school's following year of operation.
  (c) Notwithstanding any other provision of  this  subdivision  to  the
contrary,  payment  of  the federal aid attributable to a student with a
disability attending a charter school shall be made in  accordance  with
the  requirements of section 8065-a of title twenty of the United States
code and sections 76.785-76.799 and 300.209 of title thirty-four of  the
code of federal regulations.
  S  18.  Subdivisions  2  and  3  of section 2857 of the education law,
subdivision 2 as amended and paragraph (a-1) of subdivision 3  as  added
by  chapter  101  of  the  laws  of 2010 and subdivision 3 as amended by
section 7 of part D-2 of chapter 57 of the laws of 2007, are 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 PROVIDED TO THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS  LOCATED
FOR  DISPLAY  ON THE SCHOOL DISTRICT WEBSITE, 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 DISAGGREGATED FOR
SUB-GROUPS, college entry rates, total spending per pupil  and  adminis-
trative  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 accessi-
ble to the community including making it publicly available by transmit-
ting it to local newspapers of general circulation and making it  avail-
able 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 FROM ALL SOURCES and expenditures INCLUDING THE
SALARY  OF  THE  SCHOOL  LEADER  AND ANY OTHER SALARIES IN EXCESS OF THE
REPORTING REQUIREMENTS FOR PUBLIC SCHOOL DISTRICTS CONTAINED IN  SECTION
ONE  THOUSAND  SIX  HUNDRED  EIGHT  OF  THIS  CHAPTER AND CONTRACTS WITH
CONSULTANTS AND VENDORS 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
meet or exceed enrollment and retention targets  set  by  the  board  of

S. 2415--B                         10

regents or the board of trustees of the state university of New York, as
applicable,  of  students  with disabilities, English language learners,
and students who are eligible applicants for the free and reduced  price
lunch  program established pursuant to paragraph (e) of subdivision four
of section twenty-eight hundred fifty-one of this article.
  3. The board of regents shall report annually BY DECEMBER FIRST to the
governor, the temporary president of the senate, and the speaker of  the
assembly AND THE PUBLIC the following information:
  (a)  The  number, distribution, and a brief description of new charter
schools established during the preceding year;
  (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;
  (b)  The department's assessment of the current and projected program-
matic and fiscal impact of charter schools on the delivery  of  services
by school districts;
  (c)  The  academic  progress of students attending charter schools, as
measured against comparable public and nonpublic  schools  with  similar
student population characteristics [wherever practicable];
  (d)  A list of all actions taken by a charter entity on charter appli-
cation and the rationale for the renewal or revocation of any  charters;
and
  (e)  Any other information regarding charter schools that the board of
regents deems necessary INCLUDING INFORMATION ON BEST PRACTICES OF CHAR-
TER SCHOOLS THAT IMPROVE STUDENT PERFORMANCE.
  The format for this annual report shall be developed  in  consultation
with representatives of school districts and charter school officials.
  S 19. Subparagraph (v) of paragraph a of subdivision 7 of section 1608
of the education law, as amended by section 4 of part A of chapter 97 of
the  laws  of  2011,  is amended and a new subparagraph (vi) is added to
read as follows:
  (v) the projected amount of the unappropriated unreserved fund balance
that will be retained if the proposed budget is adopted,  the  projected
amount  of the reserved fund balance, the projected amount of the appro-
priated fund balance, the percentage of the  proposed  budget  that  the
unappropriated  unreserved  fund balance represents, the actual unappro-
priated unreserved fund balance retained in the school  district  budget
for the preceding school year, and the percentage of the school district
budget  for  the  preceding  school  year that the actual unappropriated
unreserved fund balance represents[.]; AND
  (VI) THE PROJECTED AMOUNT OF PAYMENTS TO BE MADE TO CHARTER SCHOOLS IN
THE NEXT SCHOOL YEAR.
  S 20. Subparagraph (v) of paragraph a of subdivision 7 of section 1716
of the education law, as amended by section 5 of part A of chapter 97 of
the laws of 2011, is amended and a new subparagraph  (vi)  is  added  to
read as follows:
  (v) the projected amount of the unappropriated unreserved fund balance
that  will  be retained if the proposed budget is adopted, the projected
amount of the reserved fund balance, the projected amount of the  appro-
priated  fund  balance,  the  percentage of the proposed budget that the
unappropriated unreserved fund balance represents, the  actual  unappro-
priated  unreserved  fund balance retained in the school district budget
for the preceding school year, and the percentage of the school district
budget for the preceding school  year  that  the  actual  unappropriated
unreserved fund balance represents[.]; AND

S. 2415--B                         11

  (VI) THE PROJECTED AMOUNT OF PAYMENTS TO BE MADE TO CHARTER SCHOOLS IN
THE NEXT SCHOOL YEAR.
  S  21.  Paragraph  t of subdivision 1 of section 3602 of the education
law is amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  LAW  TO  THE  CONTRARY,  IN
COMPUTING APPROVED OPERATING EXPENSE PURSUANT TO THIS PARAGRAPH FOR CITY
SCHOOL  DISTRICTS  OF  THOSE CITIES HAVING A POPULATION IN EXCESS OF ONE
HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE MILLION; AN AMOUNT  EQUAL
TO  (I) THE AMOUNT COMPUTED FOR THE SCHOOL DISTRICT FOR THE TWO THOUSAND
SIX--TWO THOUSAND SEVEN SCHOOL YEAR PURSUANT TO FORMER SUBDIVISION THIR-
TY-SEVEN OF THIS SECTION AS THIS SECTION EXISTED ON JUNE THIRTIETH,  TWO
THOUSAND SEVEN, (II) THE STATE FUNDS WHICH SUCH DISTRICT RECEIVED IN THE
TWO  THOUSAND  SIX--TWO  THOUSAND  SEVEN  SCHOOL  YEAR FOR MAGNET SCHOOL
GRANTS TO PUBLIC SCHOOLS, AND (III) THE STATE FUNDS WHICH SUCH  DISTRICT
RECEIVED  IN  THE  TWO  THOUSAND SIX--TWO THOUSAND SEVEN SCHOOL YEAR FOR
TEACHER SUPPORT, SHALL BE ACCOUNTED FOR IN THE SAME WAY AS  STATE  FUNDS
RECEIVED  FOR  SUCH  PURPOSE IN THE TWO THOUSAND SIX--TWO THOUSAND SEVEN
SCHOOL YEAR.
  S 22. This act shall take effect immediately; provided, however,  that
the  amendments  to  subdivision  1 of section 2856 of the education law
made by section seventeen of this act shall not affect the expiration of
such subdivision and shall expire therewith; provided further  that  the
amendments to paragraph a of subdivision 7 of section 1608 of the educa-
tion law made by section nineteen of this act shall not affect the expi-
ration  of  such  paragraph  and  shall  expire  therewith; and provided
further that the amendments to paragraph a of subdivision 7  of  section
1716  of  the education law made by section twenty of this act shall not
affect the expiration of such paragraph and shall expire therewith.