A10928 Summary:

BILL NOA10928
 
SAME ASSAME AS S07678
 
SPONSORCamara
 
COSPNSRBenjamin, Hoyt, Lopez V, Powell, Boyland
 
MLTSPNSRFitzpatrick, Quinn
 
Amd SS1950, 2851 - 2854 & 2857, add S211-e, Ed L
 
Relates to the powers and duties of boards of cooperative educational services, to the operation and management of and enrollment at charter schools, and to increasing the cap on the total number of charter schools in the state to four hundred sixty.
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A10928 Actions:

BILL NOA10928
 
05/03/2010referred to education
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A10928 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10928
 
SPONSOR: Camara
  TITLE OF BILL: An act to amend the education law, in relation to the powers and duties of boards of cooperative educational services, to the operation and management of and enrollment at charter schools, and to increasing the cap on the total number of charter schools in the state to four hundred sixty   PURPOSE: To increase both the number of charter schools and the tran- sparency and accountability of all charter schools in the state; to give school districts the authority to contract with education management companies.   SUMMARY OF PROVISIONS: Section 1: Authorizes boards of cooperative educational services (BOCES) to provide services to charter schools on a non-aidable basis. Section 2: Requires charter school applicants to specify a procedure for publicizing and conducting board meetings at the charter school. Section 3: Establishes that the duration of a charter shall be 5 instructional years, in addition to the time between the approval of the charter and the opening of the school for instruction. Section 4: Requires the code of ethics articulated in the charter school application to include standards regarding conflicts of interest, in accordance with the requirements for traditional public school boards under sections 801-806 of the General Municipal Law. Section 5: Requires charter schools applying for renewal to demonstrate the steps they have taken to recruit and retain students at risk of educational failure and requires that the information be included in renewal deliberations. Section 6: Raises the cap on the number of charter schools from 200 to 460 to be shared between SUNY, the Board of Regents and local school districts; and establishes that revoked charters will no longer count against the cap. Section 7: Establishes that the duration of a charter shall be five instructional years, in addition to the time between the approval of the charter and the opening of the school for instruction. Section 8: Permits authorizing entities to grant approval for the board of a single charter school to offer a single grade at multiple sites; authorizes charter schools to offer special education services at an alternative site, that would not count against the cap. Section 9: Authorizes charter school schools to contract with one another to provide special education services; authorizes charter schools to offer special education services at an alternative site that would not count against the cap. Section 10: Authorizes charter school schools to contract with one another to provide special education services; authorizes charter schools to offer special education services at an alternative site, that would not count against the cap. Section 11: Applies the same conflict of interest provisions and code of ethics to charter board members, officers, and charter school employ- ees as apply to officers, board members and employees of public school districts. Section 12: Directs the commissioner of education to create a common student application for all charter schools and that such applications be made available in languages predominant in the local community. Directs the Commissioner to promulgate regulations to ensure that all admission lotteries are conducted in a transparent and equitable manner. Requires that such lotteries be held in a manner consistent with public officers law. Clarifies that a charter school may focus its services on students in need of special assistance, including English language lear- ners and students with disabilities. Allows for admission to oversub- scribed charter schools without an open lottery for students with disa- bilities and students who are English language learners. Designates the district of location for charter high schools in the city of New York as the city district, not the community school district. Authorizes kinder- garten through eight grade schools in the city of New York to use the enrollment process for zoned schools, at the discretion of the school. Requires that charter schools which are found to be serving less than 50% of the population of students with disabilities and English language learners represented in the school district of location to automatically admit students in these subgroups outside the lottery until all appli- cants are admitted or they population reaches 75%. Section 13: Requires charter-schools to make their annual reports more widely available to the public through posting on the school's website, distribution to the local newspapers and availability at charter school board meetings. Requires the inclusion of any audits by the State Comp- troller in annual reports. Requires charter school annual reports to include information regarding the charter school's efforts to recruit and retain high-need students during the previous school year and their plans to attract, recruit and retain such students in the coming year. Section 14: Requires the annual Education Department charter school report to include the number of charter schools that were closed in the prior year and the reason for their closing. Section 15: Requires the Board of Regents to conduct an annual review of charter school best practices and make such information available to public school districts. Section 16: Authorizes Boards of Education to contract with educational management organizations to assist in the turn-around of persistently low-achieving schools. Requires the Department to establish a list of qualified management organizations for districts to partner with. Section 17: Establishes the severability clause. Section 18: Establishes the effective date.   EXISTING LAW: Under current law: * BOCES are not authorized to contract with charter schools. * The duration of a charter agreement is five years from the date of approval or renewal. * There is no requirement that charter school board, meetings be held at the site of the charter school. * There are no statutory conflict of interest or financial disclosure requirements for charter board members, staff, officers or employees, only those laid out in the charter agreement. * There is no specific statutory consideration of the efforts to educate students with disabilities and English language learners in the charter renewal process. * The number of startup charter schools in New York State is limited to 200. * The SUNY Board of Trustees is authorized to approve 100 charters while the Regents and local districts are authorized to authorize an addi- tional 100 in total. * Once a charter is issued, it continues to count against the cap of 200 even if revoked. * A single charter school board is prohibited from offering a single grade at more than one site. * Charter schools cannot collaboratively offer special education services, nor can they designate sites in non special education schools as special education sites. * Each charter school is authorized to establish their own application and oversee their own lottery process. * There are no specific requirements regarding the publishing and distribution of charter school annual reports. * Charter schools are required to make a "good faith" effort to recruit high need students, including students with disabilities and English language learners. * Boards of education are not authorized to contract with educational management organizations.   JUSTIFICATION: To date, charter schools in New York have largely succeeded in providing access to high-quality, public education, prima- rily serving low income students in urban areas. New York has a strong reputation for high standards of accountability and rigorous authori- zation. This legislation would build on that reputation by increasing charter school oversight and accountability. This increased oversight would extend to not only financial oversight, but also operational and management oversight, which would allow the best practices of charters schools to be shared and replicated, and any inappropriate practices to be identified and eliminated. This legislation would also enhance the public's confidence in charter schools by allowing for audits by the state comptroller, requiring char- ter board members to meet the same conflict of interest and ethical obligations as traditional school board members, and establishing uniformity and oversight in the lottery and application process. For educational opportunities to continue to improve for all students in New York, it is important that we not only continue to make school choice opportunities available to students, but also that we allow school districts the opportunity to access all possible resources to assist them in their endeavors. Enactment of this legislation would not only increase educational opportunities for children, but would also enhance the competitiveness of New York State in Phase II of the federal Race to the Top competition and allow low achieving school districts to access hundreds of millions of dollars in federal Title I school improvement grant funding to aid in their turnaround plans.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: The State Education Department would incur some administrative costs related to the establishment of new regulations and oversight responsibilities.   LOCAL FISCAL IMPLICATIONS: Local school districts will incur the expense of charter school tuition for students that attend a charter school.   EFFECTIVE DATE: This act shall take effect immediately; provided however that sections three, seven and eight shall take effect July 1, 2010 and sections five, twelve, thirteen, fourteen and fifteen, shall take effect January 1, 2011.
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A10928 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10928
 
                   IN ASSEMBLY
 
                                       May 3, 2010
                                       ___________
 
        Introduced by M. of A. CAMARA -- read once and referred to the Committee
          on Education
 
        AN  ACT to amend the education law, in relation to the powers and duties
          of boards of cooperative educational services, to  the  operation  and
          management of and enrollment at charter schools, and to increasing the
          cap  on  the  total  number  of  charter  schools in the state to four
          hundred sixty
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph h of subdivision 4 of section 1950 of the educa-
     2  tion law is amended by adding a new subparagraph 8 to read as follows:
     3    (8) To enter into contracts with charter schools authorized by article
     4  fifty-six of this chapter to provide  services  as  authorized  by  this
     5  section.
     6    §  2.  Paragraph (c) of subdivision 2 of section 2851 of the education
     7  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
     8  follows:
     9    (c)  The proposed governance structure of the school, including a list
    10  of members of the initial board of trustees, a description of the quali-
    11  fications, terms and method of appointment or election of trustees,  the

    12  organizational  structure  of the school, a procedure for conducting and
    13  publicizing regular board of trustee meetings at  each  charter  school,
    14  and  the  processes to be followed by the school to promote parental and
    15  staff involvement in school governance.
    16    § 3. Paragraph (p) of subdivision 2 of section 2851 of  the  education
    17  law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
    18  follows:
    19    (p) The term of the proposed charter,  which  shall  not  exceed  five
    20  school years in which instruction is provided to pupils, plus the period
    21  commencing  with  the  effective date of the charter and ending with the
    22  opening of the school for instruction.
    23    § 4. Paragraph (v) of subdivision 2 of section 2851 of  the  education

    24  law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
    25  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17118-06-0

        A. 10928                            2
 
     1    (v) A code of ethics for the charter school,  setting  forth  for  the
     2  guidance  of  its  trustees,  officers  and  employees  the standards of
     3  conduct expected of them including standards with respect to  disclosure
     4  of  conflicts  of interest regarding any matter brought before the board
     5  of  trustees. Such code of ethics shall include but shall not be limited
     6  to compliance with the  provisions  of  sections  eight  hundred,  eight

     7  hundred one, eight hundred two, eight hundred three, eight hundred four,
     8  eight  hundred  four-a,  eight hundred five, eight hundred five-a, eight
     9  hundred five-b and eight hundred six of the general municipal law to the
    10  same extent such sections apply to school districts.
    11    § 5. Subdivision 4 of section 2851 of the education law is amended  by
    12  adding a new paragraph (e) to read as follows:
    13    (e)  A  demonstration of the efforts to be taken by the charter school
    14  to attract and retain high-need students, including students at risk  of
    15  educational  failure  or  students  who are otherwise in need of special
    16  assistance and support which shall be considered by the  charter  entity
    17  prior to approving an application for renewal of a charter.

    18    § 6. Subdivision 9 of section 2852 of the education law, as amended by
    19  section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
    20  read as follows:
    21    9. The total number of charters issued pursuant to this article  shall
    22  not  exceed  [two]  four hundred sixty. [One] Two hundred thirty of such
    23  charters shall be issue on the  recommendation  of  the  charter  entity
    24  described  in paragraph (b) of subdivision three of section twenty-eight
    25  hundred fifty-one of this article, and [one] two hundred thirty of  such
    26  charters  shall  be  issued  on  the recommendation of the other charter
    27  entities set forth in subdivision three of section twenty-eight  hundred
    28  fifty-one  of  this  article,  provided  that  up to [fifty] one hundred

    29  fifteen of the additional charters authorized to be issued by the  chap-
    30  ter  of the laws of two thousand [seven] ten which amended this subdivi-
    31  sion [effective July first, two thousand seven] shall be reserved for  a
    32  city  school  district  of  a city having a population of one million or
    33  more. The failure of any body to issue the regulations authorized pursu-
    34  ant to this article shall not [effect] affect the authority of a charter
    35  entity to propose a charter to the board of  regents  or  the  board  of
    36  regents'  authority  to  grant such charter. A conversion of an existing
    37  public school to a charter school or the renewal or extension of a char-
    38  ter shall not be counted toward the numerical limits established by this
    39  subdivision. Upon revocation or termination of a charter,  such  charter

    40  shall  no  longer  count toward the numerical limits established by this
    41  subdivision.
    42    § 7. Paragraph (a) of subdivision 1 of section 2853 of  the  education
    43  law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
    44  follows:
    45    (a) Upon the approval of a charter by the board of regents, the  board
    46  of  regents  shall incorporate the charter school as an education corpo-
    47  ration for a term not to exceed five school years in  which  instruction
    48  is  provided  to  pupils,  plus the period commencing with the effective
    49  date of the charter and ending  with  the  opening  of  the  school  for
    50  instruction.    Such  certificate  of  incorporation shall not modify or
    51  limit any terms of the charter approved by the board  of  regents.  Upon

    52  approval  of  an  application  to  renew a charter, the board of regents
    53  shall extend the certificate of incorporation for a term not  to  exceed
    54  five  school  years, plus the period, if any, commencing with the effec-
    55  tive date of the renewal charter and ending with the first  day  of  the
    56  first  full  school  year  in  which  instruction  is provided under the

        A. 10928                            3
 
     1  renewal. Upon termination or nonrenewal of  the  charter  of  a  charter
     2  school pursuant to section twenty-eight hundred fifty-five of this arti-
     3  cle,  the  certificate  of  incorporation of the charter school shall be
     4  revoked by the board of regents pursuant to section two hundred nineteen
     5  of  this  chapter,  provided that compliance with the notice and hearing

     6  requirements of such section twenty-eight  hundred  fifty-five  of  this
     7  article  shall  be deemed to satisfy the notice and hearing requirements
     8  of such section two hundred nineteen. It shall be the duty of the  trus-
     9  tees  of the charter school to obtain federal tax-exempt status no later
    10  than one year following approval of a charter school  by  the  board  of
    11  regents.  For  purposes  of this article, "certificate of incorporation"
    12  shall mean the provisional charter issued by the  board  of  regents  to
    13  form  the  charter  school  as  an  educational  corporation pursuant to
    14  sections two hundred sixteen and two hundred seventeen of this chapter.
    15    § 8. Paragraph (b-1) of subdivision 1 of section 2853 of the education
    16  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
    17  follows:
    18    (b-1) An education corporation operating a charter school shall not be

    19  authorized to operate more than one school [or] but may be authorized to
    20  house  any grade at more than one site[, provided that:  (A) a]. A char-
    21  ter school housing two or more grades at more than one site  shall  have
    22  each  such  additional  site deemed a charter issued for the purposes of
    23  subdivision nine of section twenty-eight hundred fifty-two of this arti-
    24  cle. Notwithstanding any other provision of this  chapter,  approval  of
    25  revisions to a charter or charters to authorize an education corporation
    26  to house any grade or grades at more than one site, including the merger
    27  or  consolidation  of  existing education corporations operating charter
    28  schools to a single education corporation, shall be made  in  accordance

    29  with  paragraph (a) of subdivision seven of section twenty-eight hundred
    30  fifty-two of this  article.  Upon  such  merger  or  consolidation,  the
    31  surviving  or  consolidated  education  corporation, plus any such addi-
    32  tional sites, shall continue to each be counted as a charter issued  for
    33  the  purposes of subdivision nine of section twenty-eight hundred fifty-
    34  two of this article. If a charter school has employees who  are  members
    35  of  a collective bargaining organization pursuant to article fourteen of
    36  the civil service law that merges or consolidates with a charter  school
    37  whose employees are not members of a collective bargaining organization,
    38  employees  of the merged or consolidated charter school shall be members

    39  of the collective bargaining organization that  represented  like  posi-
    40  tions,  if  any,  prior to the merger or consolidation. A charter school
    41  may operate in more than one building at a  single  site;  and  [(B)]  a
    42  charter  school  which provides instruction to its students at different
    43  locations for a portion of their school day shall be deemed to be  oper-
    44  ating  at a single site; and a charter school operating at more than one
    45  site but which houses each grade at a single site or which is  providing
    46  special  education  programs  and  services to its students at different
    47  locations pursuant to paragraph (a) of subdivision four of section twen-
    48  ty-eight hundred fifty-three of this article shall be deemed to be oper-
    49  ating at a single site.

    50    § 9. Paragraph (a) of subdivision 4 of section 2853 of  the  education
    51  law,  as  amended by chapter 378 of the laws of 2007, is amended to read
    52  as follows:
    53    (a) For purposes of sections seven hundred one, seven hundred  eleven,
    54  seven hundred fifty-one and nine hundred twelve of this chapter, a char-
    55  ter  school  shall  be  deemed a nonpublic school in the school district
    56  within which the charter school is located. Special  education  programs

        A. 10928                            4
 
     1  and services shall be provided to students with a disability attending a
     2  charter  school  in accordance with the individualized education program
     3  recommended by the committee or subcommittee on special education of the
     4  student's  school  district of residence. The charter school may arrange

     5  to have such services provided by such school district of  residence  or
     6  by  the  charter  school  directly or by contract with another provider,
     7  including another charter school.  Where the charter school arranges  to
     8  have  the  school  district  of residence provide such special education
     9  programs or services, such school district shall provide services in the
    10  same manner as it serves students  with  disabilities  in  other  public
    11  schools in the school district, including the provision of supplementary
    12  and related services on site to the same extent to which it has a policy
    13  or  practice of providing such services on the site of such other public
    14  schools.  Charter schools may provide such services on site at the char-
    15  ter school or arrange to have such  services  provided  by  contract  at

    16  another site including by another charter school. Where a charter school
    17  provides  or  arranges  to be provided such services at another site, it
    18  shall be deemed to be operating at a single site pursuant  to  paragraph
    19  (b-1)  of subdivision one of section twenty-eight hundred fifty-three of
    20  this article.
    21    § 10. Paragraph (a) of subdivision 4 of section 2853 of the  education
    22  law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
    23  follows:
    24    (a) For purposes of sections seven hundred one, seven hundred  eleven,
    25  seven hundred fifty-one and nine hundred twelve of this chapter, a char-
    26  ter  school  shall  be  deemed a nonpublic school in the school district
    27  within which the charter school is located. Special  education  programs

    28  and services shall be provided to students with a disability attending a
    29  charter  school  in accordance with the individualized education program
    30  recommended by the committee or subcommittee on special education of the
    31  student's school district of residence. The charter school  may  arrange
    32  to  have  such services provided by such school district of residence or
    33  by the charter school directly or by  contract  with  another  provider,
    34  including  another  charter  school.  Charter  schools  may provide such
    35  services on site at the charter school or arrange to have such  services
    36  provided  by  contract  at  another  site  including  by another charter
    37  school. Where a charter school provides or arranges to be provided  such
    38  services at another site, it shall be deemed to be operating at a single

    39  site  pursuant  to paragraph (b-1) of subdivision one of section twenty-
    40  eight hundred fifty-three of this article.
    41    § 11. Subdivision 1 of section 2854 of the education law is amended by
    42  adding a new paragraph (f) to read as follows:
    43    (f) A charter school shall be subject to the  provisions  of  sections
    44  eight  hundred,  eight  hundred  one,  eight  hundred two, eight hundred
    45  three, eight hundred four, eight hundred  four-a,  eight  hundred  five,
    46  eight  hundred five-a, eight hundred five-b and eight hundred six of the
    47  general municipal law to the same extent such sections apply  to  school
    48  districts.
    49    §  12.  Paragraphs (a) and (b) of subdivision 2 of section 2854 of the
    50  education law, as amended by section 5 of part D-2 of chapter 57 of  the

    51  laws of 2007, are amended, and a new paragraph (b-1) is added to read as
    52  follows:
    53    (a)  A charter school shall be nonsectarian in its programs, admission
    54  policies, employment practices, and all other operations and  shall  not
    55  charge  tuition  or fees; provided that a charter school may require the
    56  payment of fees on the same basis and to the same extent as other public

        A. 10928                            5
 
     1  schools. A charter school shall not discriminate  against  any  student,
     2  employee or any other person on the basis of ethnicity, national origin,
     3  gender, or disability or any other ground that would be unlawful if done
     4  by  a school. Admission of students shall not be limited on the basis of
     5  intellectual ability, measures  of  achievement  or  aptitude,  athletic
     6  ability,  disability, race, creed, gender, national origin, religion, or

     7  ancestry; provided, however, that  nothing  in  this  article  shall  be
     8  construed to prevent the establishment of a single-sex charter school or
     9  a charter school designed to provide expanded learning opportunities for
    10  students at-risk of academic failure or pupils who are otherwise in need
    11  of  special assistance and support, including but not limited to, pupils
    12  with disabilities and pupils who  are  English  language  learners;  and
    13  provided,  further, that the charter school shall demonstrate good faith
    14  efforts to attract and retain a  comparable  or  greater  enrollment  of
    15  students  with  disabilities and [limited] English [proficient students]
    16  language learners when compared  to  the  enrollment  figures  for  such
    17  students  in the school district in which the charter school is located.

    18  A charter shall not be issued to any school that would be wholly  or  in
    19  part under the control or direction of any religious denomination, or in
    20  which any denominational tenet or doctrine would be taught.
    21    (b) Any child who is qualified under the laws of this state for admis-
    22  sion  to a public school is qualified for admission to a charter school.
    23  Applications for admission to a charter school shall be submitted  on  a
    24  uniform  application  form  created  by the department and shall be made
    25  available by a charter school in languages predominantly spoken  in  the
    26  community  in  which  such  charter  school is located. The school shall
    27  enroll each eligible student who submits a  timely  application  by  the
    28  first  day of April each year, unless the number of applications exceeds

    29  the capacity of the grade level or building.  In  such  cases,  students
    30  shall  be  accepted from among applicants by a random selection process,
    31  provided, however, that an enrollment preference shall  be  provided  to
    32  pupils  returning  to the charter school in the second or any subsequent
    33  year of operation and pupils residing in the school  district  in  which
    34  the  charter  school is located, and siblings of pupils already enrolled
    35  in the charter school; provided further, however, that pupils with disa-
    36  bilities and pupils who are English language learners shall be  provided
    37  enrollment  preference  pursuant  to paragraph (b-1) of this subdivision
    38  after pupils returning to the charter  school  and  siblings  of  pupils
    39  already enrolled in the charter school. The commissioner shall establish

    40  regulations  to  require  that  the  random  selection process conducted
    41  pursuant to this paragraph be performed in a transparent  and  equitable
    42  manner  and  to  require that the time and place of the random selection
    43  process be publicized in a manner consistent with  the  requirements  of
    44  section  one  hundred four of the public officers law and be open to the
    45  public.  For the purposes of this paragraph and  [paragraph]  paragraphs
    46  (a)  and  (b-1)  of  this  subdivision, the school district in which the
    47  charter school is located shall mean, for the city  school  district  of
    48  the city of New York, the community district in which the charter school
    49  is  located  except that for charter high schools the school district in

    50  which the charter school is located shall mean the city school  district
    51  of the city of New York. Notwithstanding the provisions of this subdivi-
    52  sion,  charter  schools  serving students in kindergarten through eighth
    53  grade that are located in the city school district of the  city  of  New
    54  York  shall  have  the  option  to  adopt the enrollment process used by
    55  zoned, non-charter schools located in the community school district  and
    56  zone  in  which the charter school is located, provided that the enroll-

        A. 10928                            6
 
     1  ment process mandates that the school serve all students residing in the
     2  relevant community school district and zone until it reaches full capac-

     3  ity at which point it may  employ  the  same  lottery  system  as  zoned
     4  schools.
     5    (b-1)  In  the  event that the charter entity or the board of regents,
     6  based on information provided to the charter  entity  or  the  board  of
     7  regents  by  the  charter school regarding the enrollment of pupils with
     8  disabilities and pupils who are English language learners,  has  made  a
     9  determination at anytime after the school's first year of operation that
    10  the charter school has not attracted a percentage of pupils from each of
    11  those  groups  in  each  grade  of  the charter school is at least fifty
    12  percent of the average percentage, as calculated by the school  district
    13  where  the  charter school is located, of pupils in each grade from each

    14  of those  groups  in  all  non-charter  public  schools  in  the  school
    15  district,  or, for elementary and middle schools located within the city
    16  school district of the  city  of  New  York,  in  the  community  school
    17  district  where  the  charter  is located, students shall be accepted in
    18  subsequent  years  from  among  applicants  by  the  following  process,
    19  provided, however, in making that determination the board of regents and
    20  the  charter  entity shall take into account the facility constraints if
    21  any that affect enrollment and service of pupils with disabilities:
    22    (i) First, the school shall accept applications for each grade submit-
    23  ted by pupils with disabilities and  pupils  who  are  English  language

    24  learners  until  the percentage of students from each of those groups in
    25  each grade of the charter school is at least seventy-five percent of the
    26  average percentage, as calculated by the school district where the char-
    27  ter school is located, of students in each  grade  from  each  of  those
    28  groups in all non-charter public schools in the school district, or, for
    29  elementary and middle schools located within the city school district of
    30  the city of New York, in the community school district where the charter
    31  is  located,  or  until  all  applications submitted by students with an
    32  individualized education program and English language learners have been
    33  accepted. If accepting all applications submitted by pupils  with  disa-

    34  bilities  and  pupils  who are English language learners would cause the
    35  percentage of such students in any grade at the charter school to exceed
    36  seventy-five percent of the average percentage of pupils  from  each  of
    37  those  groups  in  the  same  grade  at  the relevant non-charter public
    38  schools, for each grade the charter school shall accept applicants  from
    39  each  of those groups by a random selection process until the percentage
    40  of students in each grade from each of those  groups  is  equal  to  the
    41  seventy-five  percent  of  the percentage of students in each grade from
    42  each of those groups in the relevant non-charter public schools.
    43    (ii) Once all applications submitted by pupils with  disabilities  and

    44  pupils who are English language learners have been accepted, or once the
    45  required percentage of students from those groups in each grade has been
    46  reached  as  set forth in subparagraph (i) of this paragraph, the school
    47  shall accept students from among all unaccepted  applications  including
    48  applications  from  pupils  with disabilities and pupils who are English
    49  language learners by random selection process, provided,  however,  that
    50  an  enrollment  preference  shall be provided to pupils returning to the
    51  charter school in the  second  or  any  subsequent  year  of  operation,
    52  siblings  of  pupils  already  enrolled in the charter school and pupils
    53  residing in the school district in which the charter school is located.

    54    § 13. Subdivision 2 of section 2857 of the education law,  as  amended
    55  by  section  7 of part D-2 of chapter 57 of the laws of 2007, is amended
    56  to read as follows:

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     1    2. Each charter school shall submit to the charter entity and  to  the
     2  board  of regents an annual report. Such report shall be issued no later
     3  than the first day of August of each year for the preceding school  year
     4  and shall be made publicly available by such date and shall be posted on
     5  the  charter  school's and charter entity's websites.  The annual report
     6  shall be in such form as shall be prescribed  by  the  commissioner  and
     7  shall include at least the following components:
     8    (a)  a charter school report card, which shall include measures of the

     9  comparative academic and fiscal performance of the school, as prescribed
    10  by the commissioner in regulations adopted for such purpose. Such  meas-
    11  ures  shall  include,  but  not be limited to, graduation rates, dropout
    12  rates, performance of students  on  standardized  tests,  college  entry
    13  rates,  total  spending per pupil and administrative spending per pupil.
    14  Such measures shall be presented in a format that is  easily  comparable
    15  to  similar public schools. In addition, the charter school shall ensure
    16  that such information is easily accessible to  the  community  including
    17  making  it  publicly available by transmitting it to local newspapers of
    18  general circulation and making it available for distribution at board of
    19  trustee meetings.
    20    (b) discussion of the progress made towards achievement of  the  goals

    21  set forth in the charter.
    22    (c)  a  certified  financial  statement  setting forth, by appropriate
    23  categories, the revenues and expenditures for the preceding school year,
    24  including a copy of the most recent  independent  fiscal  audit  of  the
    25  school.
    26    (d)  efforts  taken by the charter school in the existing school year,
    27  and a plan for efforts to be taken in the  succeeding  school  year,  to
    28  attract  and  retain  high-need  students, including students at risk of
    29  educational failure or students who are otherwise  in  need  of  special
    30  assistance and support.
    31    §  14.   Subdivision 3 of section 2857 of the education law is amended
    32  by adding a new paragraph (a-1) to read as follows:
    33    (a-1) A list including the number of charter schools closed during the

    34  preceding year, and a brief description of the reasons therefore includ-
    35  ing, but not limited to, non-renewal of the charter or revocation of the
    36  charter;
    37    § 15. Section 2857 of the education law is amended  by  adding  a  new
    38  subdivision 5 to read as follows:
    39    5.  The  board  of  regents shall, on an annual basis, review and make
    40  available to school districts best  educational  practices  employed  by
    41  charter schools.
    42    §  16.  The  education law is amended by adding a new section 211-e to
    43  read as follows:
    44    §  211-e.  Educational  management  organizations.  1.  Each   common,
    45  central,  central  high  school,  union  free, except special act school
    46  districts as defined in section four thousand one of this  chapter,  and

    47  city  school  district  shall be authorized to enter into contracts with
    48  approved educational management organizations for the purpose of  manag-
    49  ing  individual  schools within the district in order to turn around the
    50  persistently lowest-achieving schools. Authority over  employment  deci-
    51  sions  shall  remain  the  sole  responsibility  of the employing board.
    52  Contracts shall be solicited  and  awarded  pursuant  to  a  competitive
    53  request  for  proposals  process that shall be developed by the board of
    54  education in consultation with the superintendent of schools in  accord-
    55  ance with commissioner's regulations pursuant to subdivision two of this
    56  section.  The  request  for  proposal  process shall include measures to


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     1  enhance the ability of minority and women owned business enterprises  to
     2  compete  for  contracts  and to ensure their meaningful participation in
     3  the process. For the purposes of this section, the term "board of educa-
     4  tion"  shall  mean  the  trustee,  trustees or board of education of any
     5  school district, except in the city school district of the city  of  New
     6  York  the  term  "board of education" shall mean the panel for education
     7  policy and the "superintendent of schools" shall mean the chancellor.
     8    2. The department shall  establish  a  list  of  approved  educational
     9  management  organizations.  In  establishing such list, the commissioner
    10  shall make reasonable efforts to ensure minority and women  owned  busi-

    11  ness  enterprises  are  included for consideration where applicable. The
    12  commissioner shall be authorized to promulgate any regulations necessary
    13  to implement the provisions to this section  including  regulations  for
    14  consistency  and  compliance with any applicable federal or state guide-
    15  lines, including those contained within the  federal  American  Recovery
    16  and Reinvestment Act of 2009.
    17    3.  No  contract entered into with an educational management organiza-
    18  tion pursuant to this section shall be construed to  override  or  amend
    19  any  collective  bargaining  agreement  between  the school district and
    20  collective  bargaining  organization.  Any  changes  to  the  collective

    21  bargaining  agreement  of  any  bargaining  unit  during the term of the
    22  contract with the educational management organization shall  be  negoti-
    23  ated pursuant to article fourteen of the civil service law.
    24    §  17. Severability clause. If any clause, sentence, paragraph, subdi-
    25  vision, section or part of this act shall be adjudged by  any  court  of
    26  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    27  impair, or invalidate the remainder thereof, but shall  be  confined  in
    28  its  operation  to the clause, sentence, paragraph, subdivision, section
    29  or part thereof directly involved in the controversy in which such judg-
    30  ment shall have been rendered. It is hereby declared to be the intent of
    31  the legislature that this act would  have  been  enacted  even  if  such
    32  invalid provisions had not been included herein.

    33    § 18. This act shall take effect immediately; provided, however, that:
    34    a.  sections three, seven and eight of this act shall take effect July
    35  1, 2010;
    36    b. sections five, twelve, thirteen, fourteen and fifteen of  this  act
    37  shall take effect January 1, 2011; and
    38    c. the amendments to paragraph (a) of subdivision 4 of section 2853 of
    39  the  education  law made by section nine of this act shall be subject to
    40  the expiration and reversion of such section pursuant to  subdivision  d
    41  of  section 27 of chapter 378 of the laws of 2007, as amended, when upon
    42  such date the provisions of section ten of this act shall take effect.
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