S T A T E O F N E W Y O R K
________________________________________________________________________
3987
2013-2014 Regular Sessions
I N S E N A T E
March 4, 2013
___________
Introduced by Sen. STAVISKY -- 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 requiring charter
schools to enroll children with disabilities and English language
learners in comparable numbers to those enrolled in public schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 2854 of the
education law, as amended by chapter 101 of the laws of 2010, is amended
to read as follows:
(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, however, 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] A charter
school [shall demonstrate good faith efforts to attract and retain a
comparable or greater enrollment of] MUST ENROLL THE SAME OR A GREATER
PERCENTAGE 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. FAILURE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07763-01-3
S. 3987 2
TO COMPLY FOR TWO CONSECUTIVE YEARS SHALL BE DEEMED GROUNDS FOR REVOCA-
TION OF THE CHARTER. A charter shall not be issued to any school that
would be wholly or in part under the control or direction of any reli-
gious denomination, or in which any denominational tenet or doctrine
would be taught.
S 2. This act shall take effect immediately.