BILL NUMBER: S2974

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to revision to charter
schools

 
PURPOSE:

The bill limits a charter school grade level expansion to only those
grade levels included in the type of school, such as an elementary
school, intermediate school, middle school, junior high school or high
school authorized in the existing charter.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new paragraph c to subsection 7 of section 2852 of the
education law to stipulate that charter authorizers cannot approve char-
ter revision requests submitted after June 1, 2023 to expand the grade
levels served by a charter school that would expand beyond the charter
school's current grade configurations.
              

Section 2 establishes the effective date.

 
JUSTIFICATION:

Under current charter statute, each authorized charter school may apply
to revise its charter to allow for grade level expansions beyond the
current grade levels of the school. For example, a charter school
approved to serve grades K-6 could apply to revise its charter to expand
grades beyond grade 6. An expansion beyond the current grade levels of
the charter school should require a new charter school application
providing a more thorough review and approval process, rather than
simply a charter revision application.

This loophole in education law has allowed for significant growth in
charter expansion without regard to the statutory issuance of the number
of permitted charter schools. For example, in New York City there are
currently 235 authorized charters operating 377 charter schools serving
approximately 123,000 students. Additionally, numerous charter expan-
sions have already been approved under revised applications to add
hundreds of new schools that will further divert funding from tradi-
tional public schools.

The process for charter school expansion should be transparent and
accountable to the public and the communities in which they are located.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S676 (Mayer): referred to Education (2021); referred to Educa-
tion (2022)

2019/20: S5950 (Mayer) / A8029 (Benedetto): referred to Education
(2019); referred to Education (2020)

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately.