S T A T E O F N E W Y O R K
________________________________________________________________________
1240
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to residency requirements
for charter schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) 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:
(b) Any child who is qualified under the laws of this state for admis-
sion to a public school is qualified for admission to a charter school,
PROVIDED THAT SUCH CHILD LIVES IN THE LOCAL SCHOOL DISTRICT IN WHICH THE
CHARTER SCHOOL IS LOCATED. Applications for admission to a charter
school shall be submitted on a uniform application form created by the
department and shall be made available by a charter school in languages
predominately spoken in the community in which such charter school is
located. The school shall enroll each eligible student who submits a
timely application by the first day of April each year, unless the
number of applications exceeds the capacity of the grade level or build-
ing. In such cases, students shall be accepted from among applicants by
a random selection process, provided, however, that an enrollment pref-
erence shall be provided to pupils returning to the charter school in
the second or any subsequent year of operation [and pupils residing in
the school district in which the charter school is located], and
siblings of pupils already enrolled in the charter school. The commis-
sioner shall establish regulations to require that the random selection
process conducted pursuant to this paragraph be performed in a transpar-
ent and equitable manner and to require that the time and place of the
random selection process be publicized in a manner consistent with the
requirements of section one hundred four of the public officers law and
be open to the public. For the purposes of this paragraph and paragraph
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04411-01-5
A. 1240 2
(a) of this subdivision, the school district in which the charter school
is located shall mean, for the city school district of the city of New
York, the community district in which the charter school is located.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.