senate Bill S7122

2011-2012 Legislative Session

Relates to the provision of special education services at charter schools

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to education
delivered to assembly
passed senate
ordered to third reading cal.1366
committee discharged and committed to rules
May 31, 2012 reported and committed to finance
Apr 30, 2012 referred to education

Votes

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Jun 19, 2012 - Rules committee Vote

S7122
18
5
committee
18
Aye
5
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 31, 2012 - Education committee Vote

S7122
12
2
committee
12
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

S7122 - Bill Details

See Assembly Version of this Bill:
A10659
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยงยง1950 & 2853, Ed L

S7122 - Bill Texts

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Relates to the provision of special education services at charter schools.

view sponsor memo
BILL NUMBER:S7122

TITLE OF BILL:
An act
to amend the education law, in relation to charter schools providing
special education services

PURPOSE:
This bill would enable charter schools to serve more students
with special needs, including English language learners and students
with disabilities, by authorizing Boards of Cooperative
Educational Services to contract with charter schools and authorizing
charter schools to establish consortia to serve students at different
locations.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section
1950(4)(h)(2) of the education law to authorize Boards of Cooperative
Educational Services (BOCES) to contract directly with charter
schools to provide services.

Section 2 of the bill amends section 2853(1)(b-1) of the education
law by adding a new subparagraph (C) to authorize a charter school
to provide programs and services to its students at a different
location while being deemed to be operating at a single site.

Section 3 of the bill amends section 2853(4)(a) of the education law
by clarifying that a charter school may provide special education
programs and services by contracting with another charter school or
a board of cooperative educational services either on site at the
charter school or at another location.

Section 5 of the bill provides for an immediate effective date.

JUSTIFICATION:
Charter schools have been encouraged to serve greater
numbers of students who are English language learners and students
with disabilities but have not been adequately equipped to provide
such services. This bill would better enable charter schools to
serve more such students by authorizing BOCES to contract with
charter schools to better enable charter schools and by allowing
charter schools to provide programs and services at other locations.

Allowing a charter school to provide services at an alternative site,
for example, a BOCES or other charter school, would allow for several
charter schools to pool their resources and serve students with
similar needs at the same location. This consortia approach, for
example, would
allow one charter school to provide a particular service and contract
with other charter schools with students in need of that service
, without having to re-enroll through a lottery.

Existing education law mandates that charter schools make "good faith
efforts to attract and retain" students with disabilities and students
who are English language learners. Existing law also requires
charter schools to meet enrollment targets for these categories
of students which are comparable to the school district or, in New
York City, the community school district in which the charter school
is located.

Currently, charter schools remain at a disadvantage in meeting
enrollment targets for students with disabilities and who are English
language learners due to the fact that they do not operate their own
committee on special education, their students are not mandated to
enroll in the school and, if they choose to enroll, must do so
through a random selection process.

Enactment of this bill will enable charter schools to attract and
retain more students with disabilities or who are English language
learners by contracting with BOCES to provide specialized services in
a similar manner as it provides to district schools and by providing
services to students from other charter schools through a
contractual arrangement to establish a consortia. This latter
arrangement also avoids the need and complication for students
with similar disabilities to re-enroll in another chatter
school providing the needed service and ensures a chatter school
remains within the statutory requirement to operate at a single site.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  7122

                            I N  S E N A T E

                             April 30, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- 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  charter  schools
  providing special education services

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

  Section 1. Subparagraph 2 of paragraph h of subdivision 4  of  section
1950  of  the  education  law,  as amended by chapter 474 of the laws of
1996, is amended to read as follows:
  (2) To enter into contracts with the United  States  of  America,  the
State of New York, any school district, community college, public insti-
tution  of higher education, independent institution of higher education
eligible for aid under section sixty-four hundred one of  this  chapter,
CHARTER  SCHOOL  AUTHORIZED  BY  ARTICLE  FIFTY-SIX  OF THIS CHAPTER, or
public agency in relation to the program of  the  board  of  cooperative
educational  services,  and any such school district, community college,
institution of higher education, CHARTER SCHOOL,  or  public  agency  is
hereby  authorized  and  empowered  to  do  and perform any and all acts
necessary or convenient in relation  to  the  performance  of  any  such
contracts.
  S  2. Subparagraphs (A) and (B) of paragraph (b-1) of subdivision 1 of
section 2853 of the education law, as amended by chapter 101 of the laws
of 2010, are amended and a new subparagraph (C)  is  added  to  read  as
follows:
  (A) 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
  (C) A CHARTER SCHOOL  THAT  PROVIDES  PROGRAMS  AND  SERVICES  TO  ITS
STUDENTS AT DIFFERENT LOCATIONS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
FOUR OF THIS SECTION SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15484-01-2

S. 7122                             2

  S  3.  Paragraph (a) of subdivision 4 of section 2853 of the education
law, as amended by chapter 378 of the laws of 2007, is amended  to  read
as follows:
  (a)  For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school  in  the  school  district
within  which  the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter school in accordance with the individualized  education  program
recommended by the committee or subcommittee on special education of the
student's  school  district of residence. The charter school may arrange
to have such services provided by such school district of  residence  or
by  the  charter  school  directly or by contract with another provider,
WHICH MAY INCLUDE ANOTHER CHARTER  SCHOOL  OR  A  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES.  A  CHARTER  SCHOOL MAY PROVIDE SUCH PROGRAMS AND
SERVICES, INCLUDING PROGRAMS AND SERVICES FOR STUDENTS WHO  ARE  ENGLISH
LANGUAGE  LEARNERS, ON-SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED AT
ANOTHER SITE.   Where the charter school arranges  to  have  the  school
district  of  residence  provide  such  special  education  programs  or
services, such school district shall provide services in the same manner
as it serves students with disabilities in other public schools  in  the
school  district,  including  the provision of supplementary and related
services on site to the same extent to which it has a policy or practice
of providing such services on the site of such other public schools.
  S 4. Paragraph (a) of subdivision 4 of section 2853 of  the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (a) For purposes of sections seven hundred one, seven hundred  eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter  school  shall  be  deemed a nonpublic school in the school district
within which the charter school is located. Special  education  programs
and services shall be provided to students with a disability attending a
charter  school  in accordance with the individualized education program
recommended by the committee or subcommittee on special education of the
student's school district of residence. The charter school  may  arrange
to  have  such services provided by such school district of residence or
by the charter school directly or by  contract  with  another  provider,
WHICH  MAY  INCLUDE  ANOTHER  CHARTER  SCHOOL  OR A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES. A CHARTER SCHOOL MAY  PROVIDE  SUCH  PROGRAMS  AND
SERVICES,  INCLUDING  PROGRAMS AND SERVICES FOR STUDENTS WHO ARE ENGLISH
LANGUAGE LEARNERS, ON-SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED  AT
ANOTHER SITE.
  S  5. This act shall take effect immediately, provided that the amend-
ments to paragraph (a) of subdivision 4 of section 2853 of the education
law made by section three of this act shall be subject to the expiration
and reversion of such paragraph pursuant to subdivision d of section  27
of  chapter 378 of the laws of 2007, as amended, when upon such date the
provisions of section four of this act shall take effect.

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