S T A T E O F N E W Y O R K
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10135
I N A S S E M B L Y
May 9, 2012
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Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring certain
procedures for charter school students facing suspension
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 2 of section 2854 of the
education law, as added by chapter 4 of the laws of 1998, is amended to
read as follows:
(d) A student may withdraw from a charter school at any time and
enroll in a public school. 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. A STUDENT MAY
ONLY BE SUSPENDED FROM A CHARTER SCHOOL IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN
OF THIS CHAPTER.
(I) THE TERMS "SUPERINTENDENT", "SUPERINTENDENT OF SCHOOLS", "DISTRICT
SUPERINTENDENT OF SCHOOLS" OR "COMMUNITY SUPERINTENDENT", AS USED IN
SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
TER, AS THEY RELATE TO CHARTER SCHOOLS SHALL MEAN THE CHAIRPERSON OF THE
BOARD OF TRUSTEES OF THE CHARTER SCHOOL.
(II) THE TERMS "BOARD OF EDUCATION" OR "BOARD" AS USED IN SUBDIVISION
THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AS THEY
RELATE TO CHARTER SCHOOLS, SHALL MEAN THE BOARD OF TRUSTEES OF THE CHAR-
TER SCHOOL.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15657-01-2