senate Bill S2450A

2013-2014 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

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to education
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.836
Feb 27, 2014 reported and committed to finance
Jan 08, 2014 referred to education
Jun 21, 2013 recommitted to rules
Jun 13, 2013 amended on third reading (t) 2450a
Jun 12, 2013 ordered to third reading cal.1317
committee discharged and committed to rules
Feb 12, 2013 reported and committed to finance
Jan 17, 2013 referred to education

Votes

view votes

May 20, 2014 - Finance committee Vote

S2450A
25
9
committee
25
Aye
9
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Feb 27, 2014 - Education committee Vote

S2450A
13
3
committee
13
Aye
3
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

Feb 4, 2014 - Education committee Vote

S2450A
13
3
committee
13
Aye
3
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

Jun 17, 2013 - Rules committee Vote

S2450
20
2
committee
20
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 12, 2013 - Rules committee Vote

S2450
20
2
committee
20
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Feb 12, 2013 - Education committee Vote

S2450
13
5
committee
13
Aye
5
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S2450 - Bill Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§1950 & 2853, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7122

S2450 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2450

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 charter school remains within the
statutory requirement to operate at a single site.

LEGISLATIVE HISTORY: 2012: Passed Senate; Assembly Education
Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE LATE: This act shall take effect immediately.

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

                                  2450

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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 422 of the laws of
2012, 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,
public libraries, 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, communi-
ty 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06239-01-3

S. 2450                             2

  (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.
  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.

Co-Sponsors

S2450A (ACTIVE) - Bill Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§1950 & 2853, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7122

S2450A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2450A

TITLE OF BILL: An act to amend the education law, in relation to
charter schools providing special education and English Language
Learner 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 amends 2853(1)(b) provides the authority for charter schools
to provide special education and English Language Learner services to
students enrolled at charter schools operated by other charter school
education corporations.

Section 3 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 4 of the bill amends section 2853(4)(a) of the education law,
as amended by chapter 378 of the laws of 2007 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. This section further clarifies that such services
shall not be BOCES aidable.

Section 4-a of the bill amends section 2853(4)(a) of the education
law, as amended by chapter 378 of the laws of 2007 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. This section further clarifies that such services
shall not be BOCES aidable.

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. Today
when a student is enrolled in a charter school through the lottery
process, but the charter school cannot implement the student's
individual education plan because of a lack of resources, the student
is typically returned to the public school. The disruption of
educational services can be detrimental to the student and is directly
contrary to the wishes of the parent to enroll their child in a
charter school. This bill will allow charter schools to appropriately
serve students with disabilities.

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 charter school providing the
needed service and ensures a charter school remains within the
statutory requirement to operate at a single site.

LEGISLATIVE HISTORY:

2012- Passed Senate (S.7122 of 2012)

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.

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

                                 2450--A
    Cal. No. 1317

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Education  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- committee discharged and said bill committed to the Commit-
  tee on Rules -- ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  education  law,  in relation to charter schools
  providing special education and English Language Learner 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  422  of  the  laws  of
2012, 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,
public libraries, CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS
TITLE, or public agency in relation to the program of the board of coop-
erative 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. Paragraph (b) of subdivision 1 of section 2853 of  the  education
law,  as  added  by chapter 4 of the laws of 1988, is amended to read as
follows:
  (b) An education corporation organized to  operate  a  charter  school
shall have all corporate powers necessary and desirable for carrying out
a charter school program in accordance with the provisions of this arti-
cle, other applicable laws and regulations and the terms of the charter,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06239-04-3

S. 2450--A                          2

including  all of the powers of an education corporation formed to oper-
ate an elementary or secondary school and those powers granted under the
provisions of the not-for-profit corporation law that are made  applica-
ble to charter schools by section two hundred sixteen-a of this chapter.
THESE POWERS SHALL ALSO INCLUDE THE ABILITY TO PROVIDE SPECIAL EDUCATION
AND  ENGLISH LANGUAGE LEARNER PROGRAMS AND SERVICES TO STUDENTS ENROLLED
AT CHARTER SCHOOLS OPERATED BY OTHER  CHARTER  SCHOOL  EDUCATION  CORPO-
RATIONS.  The powers of the trustees of the charter school shall include
those powers specified in section two hundred twenty-six of  this  chap-
ter.
  S 3. Paragraph (b-1) of subdivision 1 of section 2853 of the education
law is amended by adding a new subparagraph (C) to read as follows:
  (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.
  S 4. 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.  CHARTER SCHOOLS SHALL NOT  BE  ELIGIBLE  FOR  AID
PURSUANT  TO  SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS
TITLE.  A CHARTER SCHOOL MAY PROVIDE THESE  PROGRAMS  AND  SERVICES,  OR
PROGRAMS  AND  SERVICES  FOR  STUDENTS  WHO  ARE  IDENTIFIED  AS 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-a. 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.  CHARTER SCHOOLS SHALL NOT  BE  ELIGIBLE  FOR  AID

S. 2450--A                          3

PURSUANT  TO  SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS
TITLE.  A CHARTER SCHOOL MAY PROVIDE THESE  PROGRAMS  AND  SERVICES,  OR
PROGRAMS  AND  SERVICES  FOR  STUDENTS  WHO  ARE  IDENTIFIED  AS ENGLISH
LANGUAGE  LEARNERS, ON SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED AT
ANOTHER SITE.
  S 5. This act shall take effect immediately; provided,  however,  that
the  amendments to paragraph (a) of subdivision 4 of section 2853 of the
education law made by section four of this  act  shall  not  affect  the
expiration  and  reversion  of  such  paragraph  and shall expire and be
deemed repealed therewith, when upon such date the provisions of section
four-a of this act shall take effect.

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