S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3791
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A. BICHOTTE, ABINANTI, BRINDISI, COOK, DINOWITZ,
   GALEF, GOTTFRIED, M. G. MILLER, MURRAY,  SIMON,  JAFFEE,  OTIS,  McDO-
   NOUGH,  HYNDMAN, LIFTON -- Multi-Sponsored by -- M. of A. GLICK, RAIA,
   RAMOS, THIELE, TITONE -- read once and referred to  the  Committee  on
   Education

 AN ACT to amend the education law, in relation to charter schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (h) of subdivision  2  of  section  2851  of  the
 education  law, as added by chapter 4 of the laws of 1998, is amended to
 read as follows:
   (h) The rules and procedures by which  students  may  be  disciplined,
 including  but  not  limited to expulsion or suspension from the school,
 which shall be consistent with the requirements of [due process] SECTION
 THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER and with  federal  laws  and
 regulations  governing  the placement of students with disabilities, AND
 PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-FOUR
 OF  THIS  ARTICLE.  THE APPLICATION SHALL ALSO INCLUDE A CODE OF CONDUCT
 CONSISTENT WITH SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   § 2. Subdivision 4 of section 2851 of the education law is amended  by
 adding a new paragraph (f) to read as follows:
   (F) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION TWEN-
 TY-EIGHT  HUNDRED  FIFTY-THREE  OF  THIS  ARTICLE, AN AUDIT REPORT BY AN
 INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT OR INDEPENDENT PUBLIC ACCOUNTANT
 ON THE OPERATIONS OF THE CHARTER SCHOOL, INCLUDING COMPLIANCE  WITH  THE
 APPLICABLE PROVISIONS OF THIS CHAPTER AND THE NOT-FOR-PROFIT CORPORATION
 LAW,  AND  WITH  ALL  OTHER  APPLICABLE  LAWS,  REGULATIONS  AND CHARTER
 PROVISIONS.
   § 3. Section 2851 of the education law is  amended  by  adding  a  new
 subdivision 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01299-01-7
              

 A. 3791                             2
 
   6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
 NO CHARTER SHALL BE RENEWED IF THE CHARTER SCHOOL HAS FAILED TO:
   (A)  MEET  THE  STUDENT  ACHIEVEMENT  GOALS FOR THE SCHOOL EDUCATIONAL
 PROGRAM, AS REQUIRED IN THE APPLICATION;
   (B) IMPROVE STUDENT LEARNING AND ACHIEVEMENT; OR
   (C) MATERIALLY FURTHER THE PURPOSES SET FORTH IN  SUBDIVISION  TWO  OF
 SECTION TWENTY-EIGHT HUNDRED FIFTY OF THIS ARTICLE.
   §  4.  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 PURSUANT
 TO A WRITTEN FORM CREATED BY THE DEPARTMENT IN WHICH THE PARENT OR LEGAL
 GUARDIAN OF THE STUDENT CERTIFIES THAT THE PARENT OR LEGAL  GUARDIAN  IS
 WILLINGLY  AND KNOWINGLY WITHDRAWING THE STUDENT FROM THE CHARTER SCHOOL
 WITHOUT ANY UNDUE PRESSURE OR INFLUENCE BY ANY OWNER OR EMPLOYEE OF  THE
 CHARTER  SCHOOL,  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 proc-
 ess.
   § 5. Section 2854 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  SUSPENSION  OF  A  STUDENT.  (A) A CHARTER SCHOOL SHALL SUSPEND AN
 ENROLLED STUDENT PURSUANT TO SUBDIVISIONS TWO-A  AND  THREE  OF  SECTION
 THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AND ONLY IN ACCORDANCE WITH
 THE PROCEDURES SET FORTH IN THIS SUBDIVISION.
   (B)  THE  PRINCIPAL  OF  THE  CHARTER SCHOOL WHERE THE STUDENT ATTENDS
 SHALL HAVE THE POWER TO SUSPEND THE STUDENT FOR A PERIOD NOT  TO  EXCEED
 FIVE  SCHOOL  DAYS  PURSUANT  TO THE DUE PROCESS PROCEDURES SET FORTH IN
 PARAGRAPH B OF SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED  FOURTEEN
 OF THIS CHAPTER.  THE STUDENT OR THE PERSON IN PARENTAL RELATION TO SUCH
 STUDENT  MAY  APPEAL THE FINAL DECISION OF THE PRINCIPAL TO THE BOARD OF
 TRUSTEES OF THE CHARTER SCHOOL.
   (C)(I) NO STUDENT ENROLLED IN A CHARTER SCHOOL MAY BE SUSPENDED FOR  A
 PERIOD  IN EXCESS OF FIVE SCHOOL DAYS UNLESS SUCH STUDENT AND THE PERSON
 IN PARENTAL RELATION TO SUCH STUDENT SHALL HAVE HAD AN OPPORTUNITY FOR A
 HEARING, UPON REASONABLE NOTICE, AT WHICH SUCH STUDENT  SHALL  HAVE  THE
 RIGHT OF REPRESENTATION BY COUNSEL, WITH THE RIGHT TO QUESTION WITNESSES
 AGAINST  SUCH STUDENT AND TO PRESENT WITNESSES AND OTHER EVIDENCE ON HIS
 OR HER BEHALF.
   (II) WHERE A STUDENT HAS BEEN SUSPENDED IN ACCORDANCE WITH THIS  PARA-
 GRAPH,  THE  CHARTER  SCHOOL  SHALL, WITHIN FIVE DAYS OF THE SUSPENSION,
 INFORM THE SUPERINTENDENT OF THE SCHOOL DISTRICT OR, IN THE CITY  SCHOOL
 DISTRICT  OF THE CITY OF NEW YORK, OF A COMMUNITY SCHOOL DISTRICT, WHERE
 THE CHARTER SCHOOL IS LOCATED SHALL, UPON BEING NOTIFIED OF THE  SUSPEN-
 SION, WHO SHALL FORTHWITH DESIGNATE A HEARING OFFICER TO HEAR AND DETER-
 MINE THE PROCEEDING. THE HEARING OFFICER SHALL BE AUTHORIZED TO ADMINIS-
 TER  OATHS  AND  TO  ISSUE  SUBPOENAS IN CONJUNCTION WITH THE PROCEEDING
 BEFORE HIM OR HER. A RECORD OF THE HEARING SHALL BE MAINTAINED,  BUT  NO
 STENOGRAPHIC  TRANSCRIPT SHALL BE REQUIRED AND A TAPE RECORDING SHALL BE
 DEEMED A SATISFACTORY RECORD. THE HEARING OFFICER SHALL MAKE FINDINGS OF
 FACT AND A RECOMMENDATION ON THE APPROPRIATE MEASURE  OF  DISCIPLINE  TO
 THE  CHIEF  EXECUTIVE OFFICER OF THE CHARTER SCHOOL. THE CHIEF EXECUTIVE
 OFFICER MAY REJECT, CONFIRM OR MODIFY THE  CONCLUSIONS  OF  THE  HEARING
 OFFICER. A PARENT MAY APPEAL THE DECISION OF THE CHIEF EXECUTIVE OFFICER
 TO THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL.

 A. 3791                             3
 
   (D)  A  STUDENT  WITH  A DISABILITY AS SUCH TERM IS DEFINED IN SECTION
 FORTY-FOUR HUNDRED ONE OF THIS CHAPTER OR A STUDENT PRESUMED TO  HAVE  A
 DISABILITY FOR DISCIPLINE PURPOSES, MAY BE SUSPENDED OR REMOVED FROM HIS
 OR  HER CURRENT EDUCATIONAL PLACEMENT FOR VIOLATION OF SCHOOL RULES ONLY
 IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED IN PARAGRAPH G OF SUBDIVI-
 SION  THREE  OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, THE
 REGULATIONS  OF  THE  COMMISSIONER  IMPLEMENTING  SUCH  PARAGRAPH,   AND
 SUBSECTION (K) OF SECTION 1415 OF TITLE 20 OF THE UNITED STATES CODE AND
 THE  FEDERAL  REGULATIONS IMPLEMENTING SUCH STATUTE, AS SUCH FEDERAL LAW
 AND REGULATIONS ARE FROM TIME TO TIME AMENDED.
   (E) ANY TEACHER SHALL HAVE THE POWER AND AUTHORITY TO REMOVE A DISRUP-
 TIVE STUDENT PURSUANT TO THE PROCEDURES SET FORTH IN SUBDIVISION THREE-A
 OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.
   (F) PROCEDURE AFTER SUSPENSION. WHERE A  STUDENT  HAS  BEEN  SUSPENDED
 PURSUANT  TO  THIS SUBDIVISION AND SUCH STUDENT IS OF COMPULSORY ATTEND-
 ANCE AGE, IMMEDIATE STEPS SHALL BE TAKEN FOR HIS OR HER ATTENDANCE  UPON
 INSTRUCTION AT HOME OR ELSEWHERE.
   §  6.  Paragraph (c) of subdivision 1 of section 2854 of the education
 law, as amended by section 10-b of part A of chapter 56 of the  laws  of
 2014, is amended to read as follows:
   (c)  A  charter  school  shall be subject to the financial audits, the
 audit procedures, and the audit requirements set forth in  the  charter,
 and  shall  be  subject  to audits of the comptroller of the city school
 district of the city of New York for charter schools located in New York
 city, and to the audits of the comptroller of the state of New York  for
 charter  schools  located  in  the  rest  of  the  state,  at his or her
 discretion, with respect to the school's financial operations.  ANY SUCH
 AUDITS SHALL  INCLUDE  AN  AUDIT  TO  DETERMINE  WHETHER  THE  FINANCING
 RECEIVED  BY THE CHARTER SCHOOL PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
 FIFTY-SIX OF THIS ARTICLE IS CONSISTENT WITH  THE  NUMBER  OF  QUALIFIED
 STUDENTS  WHO  ARE ELIGIBLE TO ENROLL, AND ARE ACTUALLY ENROLLED IN SUCH
 CHARTER SCHOOL, INCLUDING WHETHER SUCH ENROLLED STUDENTS MEET THE  RESI-
 DENCY  REQUIREMENTS FOR ENROLLMENT.  IN THE EVENT OF AN OVERPAYMENT, THE
 OFFICE OF THE STATE COMPTROLLER  SHALL  BE  AUTHORIZED  TO  RECOVER  THE
 EXCESS  IN PAYMENT BY DEDUCTING FROM ANY STATE FUNDS WHICH BECOME DUE TO
 SUCH CHARTER SCHOOL OR REFER THE MATTER TO THE STATE ATTORNEY GENERAL TO
 INITIATE A CIVIL ACTION AGAINST THE CHARTER SCHOOL TO RECOVER THE  OVER-
 PAYMENT. Such procedures and standards shall be consistent with general-
 ly  accepted  accounting  and audit standards. Independent fiscal audits
 shall be required at least once annually.
   § 7. The opening paragraph and paragraphs (a) and (e) of subdivision 1
 of section 2855 of the education law, the opening  paragraph  and  para-
 graph  (a)  as  amended and paragraph (e) as added by chapter 101 of the
 laws of 2010, are amended to read as follows:
   The charter entity, or the board of regents, [may] SHALL  terminate  a
 charter upon any of the following grounds:
   (a)  When  a  charter  school's outcome on student assessment measures
 adopted by the board of regents EQUALS OR falls  below  the  level  that
 would  allow  the  commissioner  to  revoke  the registration of another
 public school, and student achievement on such measures  has  not  shown
 improvement over the preceding three school years;
   (e)  [Repeated failure] FAILURE to comply with the requirement to meet
 or exceed enrollment and retention targets of  students  with  disabili-
 ties,  English  language  learners, and students who are eligible appli-
 cants for the free and reduced price lunch program pursuant  to  targets
 established  by  the  board  of  regents or the board of trustees of the

 A. 3791                             4
 
 state university of New York[, as applicable] PURSUANT  TO  SUBPARAGRAPH
 (I)  OF  PARAGRAPH  (B)  OF  SUBDIVISION  NINE-A OF SECTION TWENTY-EIGHT
 HUNDRED FIFTY-TWO OF THIS ARTICLE.  Provided, however, if no grounds for
 terminating  a  charter  are  established pursuant to this section other
 than pursuant to this paragraph, and  the  charter  school  demonstrates
 that  it has made extensive efforts to recruit and retain such students,
 including outreach to parents and families in the  surrounding  communi-
 ties,  widely  publicizing  the  lottery for such school, and efforts to
 academically support such students in  such  charter  school,  then  the
 charter entity or board of regents may retain such charter.
   §  8.  Paragraph  (a)  of  subdivision  2, and subdivisions 4 and 5 of
 section 2857 of the education law, paragraph (a)  of  subdivision  2  as
 amended  and  subdivision 5 as added by chapter 101 of the laws of 2010,
 subdivision 4 as added by chapter 4 of the laws of 1998, are amended  to
 read as follows:
   (a)  a charter school report card, which shall include measures of the
 comparative academic and fiscal performance of the school, as prescribed
 by the commissioner in regulations adopted for such purpose. Such  meas-
 ures  shall include, but not be limited to, THE TOTAL NUMBER OF OPENINGS
 FOR NEW STUDENTS AT THE BEGINNING OF THE  SCHOOL  YEAR,  BY  GRADE;  THE
 TOTAL  NUMBER  OF  APPLICANTS FOR EACH SUCH OPENING; THE TOTAL NUMBER OF
 STUDENTS ACCEPTED FOR THE SCHOOL YEAR; THE NUMBER OF  STUDENTS  ACCEPTED
 FOR  ENROLLMENT  WHO ARE ENGLISH LANGUAGE LEARNERS, ARE ELIGIBLE FOR THE
 FREE OR REDUCED PRICE LUNCH PROGRAM OR ARE STUDENTS  WITH  DISABILITIES;
 THE  NUMBER  OF  STUDENTS  WHO  WERE DISMISSED, EXPELLED, DROPPED OUT OR
 WITHDREW DURING THE SCHOOL YEAR, INCLUDING THE REASONS FOR THE DISMISSAL
 OR  WITHDRAWAL;  graduation  rates[,  dropout  rates,];  performance  of
 students  on  standardized  tests[,];  college entry rates[,]; THE TOTAL
 NUMBER OF TEACHERS AND ADMINISTRATORS EMPLOYED  AT  THE  SCHOOL  AT  THE
 BEGINNING  OF THE SCHOOL YEAR AND THE NUMBER OF TEACHERS AND ADMINISTRA-
 TORS WHO WERE TERMINATED, DISMISSED OR  RESIGNED  DURING  THE  REPORTING
 PERIOD, AND THE REASONS THEREFOR; THE ANNUAL SALARY PAID TO EACH TEACHER
 AND ADMINISTRATOR OF THE SCHOOL; AND total spending per pupil and admin-
 istrative  spending  per  pupil.   Such measures shall be presented in a
 format that is easily comparable to similar public schools. In addition,
 the charter school AND THE COMMISSIONER shall ensure that such  informa-
 tion  is easily accessible to the community including making it publicly
 available by transmitting it to local newspapers of general circulation,
 POSTING IT ON THE DEPARTMENT'S  WEBSITE  and  making  it  available  for
 distribution at board of trustee meetings.
   4.  The board of regents shall review the educational effectiveness of
 the charter school approach authorized by this article and the effect of
 charter schools on the public and nonpublic school  systems.  Not  later
 than December thirty-first, two thousand [three] EIGHTEEN, AND EVERY TWO
 YEARS  THEREAFTER,  the  [board of regents] COMMISSIONER shall report to
 the governor, the temporary president of the senate, the speaker of  the
 assembly  and  the  board  of  regents  with  recommendations to modify,
 expand, or terminate that approach. Such report shall include, for  each
 charter  school, a copy of the school's mission statement[,]; attendance
 statistics; DISMISSAL, EXPULSION and dropout rates[,]; student  perform-
 ance  on  standardized  assessment  tests[,];  projections  of financial
 stability[,]; THE NUMBER OF STUDENTS WITH DISABILITIES, ENGLISH LANGUAGE
 LEARNERS AND STUDENTS WHO ARE ELIGIBLE FOR THE FREE  AND  REDUCED  PRICE
 LUNCH  PROGRAM; THE TOTAL AMOUNT SPENT FOR ADMINISTRATIVE EXPENSES; and,
 wherever practicable, comparisons to other public schools LOCATED IN THE

 A. 3791                             5

 SAME SCHOOL DISTRICT OR, IN THE CITY SCHOOL DISTRICT OF  NEW  YORK,  THE
 SAME COMMUNITY SCHOOL DISTRICT.
   5. The [board of regents] COMMISSIONER shall on an annual basis review
 and  make  available  to  school  districts  best  educational practices
 employed by charter schools.  IF THE COMMISSIONER FAILS TO IDENTIFY  ANY
 BEST  PRACTICES  EMPLOYED  BY  CHARTER  SCHOOLS,  THE COMMISSIONER SHALL
 REPORT SUCH ABSENCE OR LACK OF BEST PRACTICES  IN  THE  REPORT  REQUIRED
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   § 9. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 10. This act shall take effect immediately.