|SAME AS||SAME AS S07678|
|COSPNSR||Benjamin, Hoyt, Lopez V, Powell, Boyland|
|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.|
|05/03/2010||referred to education|
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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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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. LBD17118-06-0A. 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 theA. 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 programsA. 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 publicA. 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:A. 10928 7 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 toA. 10928 8 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.