senate Bill S3961

2011-2012 Legislative Session

Relates to the housing of grades at charter schools

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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 education
Mar 10, 2011 referred to education

S3961 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง2853, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6266

S3961 - Bill Texts

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Relates to the housing of grades at charter schools.

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BILL NUMBER:S3961

TITLE OF BILL:
An act
to amend the education law, in relation to the housing of grades at
charter schools

PURPOSE:
To allow students from charter schools serving middle school students
to attend high school charter schools overseen by the same charter
school board.
This would be accomplished by allowing charters schools operated by
the same board to merge and offer the same grade at multiple
locations. Each school would still count toward the cap of 200 schools.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 2853(1) of the Education Law to
authorize a charter school to house a single grade at more than one
site, with each additional site counted toward the existing cap of
200 charter schools. This language maintains the single site
provision in existing law for charter schools with more than one
location so long as each grade is provided instruction respectively
at the same site.

Section 1 also specifies that if a charter school whose employees
belong to a collective bargaining organization merges with a charter
school whose employees are not members of a collective bargaining
organization, the employees in both schools are considered to be
members of a collective bargaining unit that represented like
positions.

JUSTIFICATION:
Authorizing a charter school to house a grade at more than one site,
subject to the approval of a charter authorizer, will enable
replication of successful charter schools and expand opportunities
for parents to send their children to proven educational models,
especially for high school grades.
This is critical to encourage more charter high school opportunities
for students, which generally have higher operating costs,
particularly those students in similar programs ending at the middle
school level. It is important to note that a charter school housing a
single grade at more than one site, as provided by this bill, would
count each additional site toward the exiting cap of 200 charters
issued.

LEGISLATIVE HISTORY:
S.6266 of 2009-10: Referred to Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the ninetieth day after it shall have become a law.

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

                                  3961

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

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

AN ACT to amend the education law, in relation to the housing of  grades
  at charter schools

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

  Section 1. Paragraph (b-1) of subdivision 1 of  section  2853  of  the
education law, as amended by chapter 101 of the laws of 2010, is amended
to read as follows:
  (b-1)  An  education  corporation  operating a charter school shall be
authorized to operate more than one school or house any  grade  at  more
than  one  site,  provided  that  a charter must be issued for each such
additional school or site in accordance with the  requirements  for  the
issuance  of a charter pursuant to this article and that each such addi-
tional school or site shall count as a charter issued pursuant to subdi-
vision nine of section twenty eight hundred fifty-two of this article [;
and provided further that:
  (A) a]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  APPROVAL
OF  REVISIONS  TO A CHARTER OR CHARTERS TO AUTHORIZE AN EDUCATION CORPO-
RATION TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE, INCLUDING THE
MERGER OR CONSOLIDATION OF  EXISTING  EDUCATION  CORPORATIONS  OPERATING
CHARTER  SCHOOLS  TO  A  SINGLE  EDUCATION CORPORATION, SHALL BE MADE IN
ACCORDANCE  WITH  PARAGRAPH  (A)  OF  SUBDIVISION   SEVEN   OF   SECTION
TWENTY-EIGHT  HUNDRED  FIFTY-TWO  OF  THIS  ARTICLE. UPON SUCH MERGER OR
CONSOLIDATION, THE SURVIVING OR CONSOLIDATED EDUCATION CORPORATION, PLUS
ANY SUCH ADDITIONAL SITES, SHALL EACH BE COUNTED AS A CHARTER ISSUED FOR
THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-
TWO  OF  THIS ARTICLE. IF A CHARTER SCHOOL HAS EMPLOYEES WHO ARE MEMBERS
OF A COLLECTIVE BARGAINING ORGANIZATION PURSUANT TO ARTICLE FOURTEEN  OF
THE  CIVIL SERVICE LAW THAT MERGES OR CONSOLIDATES WITH A CHARTER SCHOOL
WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03950-02-1

S. 3961                             2

EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE  MEMBERS
OF  THE  COLLECTIVE  BARGAINING ORGANIZATION THAT REPRESENTED LIKE POSI-
TIONS, IF ANY, PRIOR TO THE MERGER OR CONSOLIDATION.  A  charter  school
may operate in more than one building at a single site; and
  [(B)]  a  charter school which provides instruction to its students at
different locations for a portion of their school day shall be deemed to
be operating at a single site; AND A CHARTER SCHOOL  OPERATING  AT  MORE
THAN  ONE  SITE  BUT  WHICH  HOUSES EACH GRADE AT A SINGLE SITE SHALL BE
DEEMED TO BE OPERATING AT A SINGLE SITE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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