Assembly Bill A6356

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6356
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to admission  to  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 section 3 of subpart A of part B of chapter
 20 of the laws of 2015, is amended to read as follows:
   (b)  [Any] (I) IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, ANY
 child who is qualified under the laws of this state for admission  to  a
 public school is qualified for admission to a charter school.
   (II)  ANY  CHILD  WHO  IS  QUALIFIED  UNDER THE LAWS OF THIS STATE FOR
 ADMISSION TO A PUBLIC SCHOOL BUILDING NOT  IN  GOOD  STANDING  WITH  THE
 DEPARTMENT IS QUALIFIED FOR ADMISSION TO A CHARTER SCHOOL.
   (III)  ANY  CHILD  WHO  IS  QUALIFIED UNDER THE LAWS OF THIS STATE FOR
 ADMISSION TO A PUBLIC SCHOOL BUILDING IN GOOD STANDING WITH THE  DEPART-
 MENT  IS NOT QUALIFIED FOR ADMISSION TO A CHARTER SCHOOL UNLESS A PARENT
 IN A PARENTAL RELATIONSHIP WITH SUCH CHILD PROVIDE A  JUSTIFICATION  AND
 EDUCATIONAL-BASED  REASONING  TO THE SUPERINTENDENT OF THE PUBLIC SCHOOL
 DISTRICT WHICH SUCH SCHOOL BUILDING IS LOCATED IN. THE DEPARTMENT  SHALL
 CREATE  A  DOCUMENT  TO  HELP A PARENT IN A PARENTAL RELATIONSHIP WITH A
 CHILD PROVIDE SUCH  JUSTIFICATIONS  AND  EDUCATIONAL-BASED  REASONS  AND
 DISTRIBUTE SUCH DOCUMENT TO ALL PUBLIC SCHOOL BUILDINGS IN GOOD STANDING
 WITH  THE  DEPARTMENT.  NO  CHARTER  SCHOOL SHALL ADMIT A STUDENT FROM A
 PUBLIC SCHOOL BUILDING IN GOOD STANDING WITH THE  DEPARTMENT  UNTIL  THE
 JUSTIFICATION  AND EDUCATIONAL-BASED REASONING DOCUMENT HAS BEEN SUBMIT-
 TED TO THE SUPERINTENDENT OF SUCH PUBLIC  SCHOOL  DISTRICT  PURSUANT  TO
 THIS SUBPARAGRAPH. THIS SUBPARAGRAPH SHALL NOT APPLY TO SCHOOL BUILDINGS
 IN  GOOD STANDING WITH THE DEPARTMENT WHICH ARE LOCATED IN CITIES WITH A
 POPULATION OF ONE MILLION OR MORE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06847-01-5
              

 A. 6356                             2
 
   (B-1) Applications for admission to a charter school shall be  submit-
 ted 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 building. In such cases, students
 shall be accepted from among applicants by a random  selection  process,
 provided,  however,  that  an enrollment preference 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. Preference may also be provided to children of
 employees of the charter  school  or  charter  management  organization,
 provided  that  such  children  of employees may constitute no more than
 fifteen percent of the charter school's total  enrollment.  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
 (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.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.