BILL NUMBER:S4270

TITLE OF BILL:

An act to amend the education law, in relation to requiring certain
procedures for charter school students facing suspension

PURPOSE:

To provide equal due process for students who attend charter schools
and those who attend public schools.

SUMMARY OF SPECIFIC PROVISIONS:

The bill would amend § 2854-2(d) of the education law. Section
2854-2(d).

(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
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 subsection 3 of section 3214 of education law.

              

(d-1) The terms "superintendent, superintendent of schools, district
superintendent of schools or community superintendent" as used in
subsection 3 of section 33214 of education law, as it relates to
charter schools, shall mean the chairperson of the charter school
board of trustees.

(d-2) The terms "board of education or board" as used in subsection 3
of section 3214 of education law, as it related to charter schools,
shall mean the full charter school board of trustees.

JUSTIFICATION:

There has been an ongoing debate between how New York City students
are treated in public schools versus charter schools.  Charter schools
have been set up to have a more disciplined and structured environment
that is intended for better performance.  Children who are suspended
in public schools in the state of New York must have due process
rights safe guarded before said suspension could occur. However,
students being suspended in charter schools do not have these due
process rights. This bill will guarantee that charter school students
have the same due process rights in regard to suspension as public
school students.

PRIOR LEGISLATIVE HISTORY:

2014: S.4353 - Referred to Education / A. 5789 - Referred to
Education.
2013: 2014: S.4353 - Referred to Education / A. 5789 - Referred to
Education.

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.