Increases the cap on the total number of charter schools in the state to four hundred; permits operation of schools for different grades at additional sites; provides that the incorporation period run with the school year.
Law Section: Education Law
Law: Amd SS2852, 2853, 2851 & 1950, Ed L
Co-sponsor(s): ESPADACommittee: EDUCATION
Law Section: Education Law
Law: Amd SS2852, 2853, 2851 & 1950, Ed L
- Jan 6, 2010: REFERRED TO EDUCATION
- Dec 11, 2009: REFERRED TO RULES
BILL NUMBER: S6339 REVISED 12/21/09 TITLE OF BILL : An act to amend the education law, in relation to increasing the cap on the total number of charter schools in the state to four hundred; permitting charter schools to house grades at additional sites; and in relation to the authorized period of incorporation PURPOSE : To amend current law to increase the current charter school cap; allow charter schools to contract directly with BOCES, allow a single charter school board to oversee multiple sites and amend the current duration of charter incorporation to be 5 instructional years. SUMMARY OF PROVISIONS : Section 1: Increases the charter cap from two hundred to four hundred. Section 2: Authorizes charter schools to house a single grade at more than one site, with each additional site counted toward the existing cap of charter schools. Sections 3 & 4: Clarifies that the period of incorporation for a charter school shall comprise 5 instructional years. Section 5: Allow BOCES to enter into contract and provide services to charter schools. JUSTIFICATION : The provisions included in this legislative proposal would serve to increase New York's already competitive position for Race to the Top funding. Under current law, there are less than 40 charters still available to be issued. Given the growth and success of charter schools in New York State, it is reasonable to believe that the current cap will be reached early in the coming year. Therefore, it is necessary to raise the cap to allow for future growth. Increasing the cap could also help New York State to achieve maximum competitiveness in pursuit of Race to the Top funding. Authorizing a charter school to house a grade at more than one site, subject to the approval of a charter authorizer, will enable replication of successful charter schools and expand opportunities for parents to send their children to proven educational models, especially for high school grades. This is critical to encourage more charter high school opportunities for students, which generally have higher operating costs, particularly those students in similar programs ending at the middle school level. It is important to note that a charter school housing a single grade at more than one site, as provided by this bill, would count each additional site toward the exiting cap of 200 charters issued. Under current law, charter schools are authorized to incorporate for five years after initial approval, and then must reapply. Since opening a school is a complex endeavor, many charter school boards take a year or more to hire staff, find a location and plan before opening for instruction. Allowing the education corporation to incorporate immediately after approval is necessary to allow for the normal business that is necessary to open a school, such as acquiring space and entering into contracts with teachers. By making this change, charter schools will be able to take the necessary steps to open the school, while at the same time ensuring that there is adequate pupil data available for review upon their application for renewal. Finally, by allowing charter schools to purchase services directly from BOCES, charter schools will be better positioned to achieve cost saving through the economy of scale achieved through shared services. Further, allowing these contracts will put charter schools in a far stronger position to provide services to English language learners and students with disabilities. LEGISLATIVE HISTORY : This is a new bill. FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : Section 1 would take effect July 1, 2010. The remaining sections would take effect 90 days after enactment.
S T A T E O F N E W Y O R K ________________________________________________________________________ 6339 2009-2010 Regular Sessions I N SENATE December 11, 2009 ___________ Introduced by Sens. SMITH, ESPADA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to increasing the cap on the total number of charter schools in the state to four hundred; permitting charter schools to house grades at additional sites; and in relation to the authorized period of incorporation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 2852 of the education law, as amended by section 2 of part D-2 of chapter 57 of the laws of 2007, is amended to read as follows:
9. The total number of charters issued pursuant to this article shall not exceed [
two] FOUR hundred. [ One] TWO hundred of such charters shall be issued on the recommendation of the charter entity described in para- graph (b) of subdivision three of section twenty-eight hundred fifty-one of this article, and [ one] TWO hundred of such charters shall be issued on the recommendation of the other charter entities set forth in subdi- vision three of section twenty-eight hundred fifty-one of this article, provided that up to fifty of the additional charters authorized to be issued by [ the] chapter FIFTY-SEVEN of the laws of two thousand seven [ which amended this subdivision effective July first, two thousand seven] shall be reserved for a city school district of a city having a population of one million or more. The failure of any body to issue the regulations authorized pursuant to this article shall not [ effect] AFFECT the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such char- ter. A conversion of an existing public school to a charter school or the renewal or extension of a charter shall not be counted toward the numerical limits established by this subdivision. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15078-01-9 S. 6339 2 S 2. Paragraph (b-1) of subdivision 1 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows:
(b-1) An education corporation operating a charter school shall not be authorized to operate more than one school [
or] BUT MAY BE AUTHORIZED TO house any grade at more than one site[ , provided that: (A) a]. A CHARTER SCHOOL HOUSING TWO OR MORE GRADES AT MORE THAN ONE SITE SHALL HAVE EACH SUCH ADDITIONAL SITE DEEMED AS A CHARTER ISSUED FOR THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY- TWO OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAP- TER, APPROVAL OF REVISIONS TO A CHARTER OR CHARTERS TO AUTHORIZE AN EDUCATION CORPORATION TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE, INCLUDING THE MERGER OR CONSOLIDATION OF EXISTING EDUCATION CORPO- RATIONS OPERATING CHARTER SCHOOLS TO A SINGLE EDUCATION CORPORATION, SHALL BE MADE IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE. UPON SUCH MERGER OR CONSOLIDATION, THE SURVIVING OR CONSOLIDATED EDUCATION CORPORATION, PLUS ANY SUCH ADDITIONAL SITES, SHALL EACH BE COUNTED AS A CHARTER ISSUED FOR THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE. IF A CHARTER SCHOOL HAS EMPLOYEES WHO ARE MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW THAT MERGES OR CONSOLIDATES WITH A CHARTER SCHOOL WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAIN- ING ORGANIZATION, EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE MEMBERS OF THE COLLECTIVE BARGAINING ORGANIZATION THAT REPRES- ENTED LIKE POSITIONS, IF ANY, PRIOR TO THE MERGER OR CONSOLIDATION. A charter school may operate in more than one building at a single site; and [ (B)] a charter school which provides instruction to its students at different locations for a portion of their school day shall be deemed to be operating at a single site; AND A CHARTER SCHOOL OPERATING AT MORE THAN ONE SITE BUT WHICH HOUSES EACH GRADE AT A SINGLE SITE SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE. S 3. Paragraph (a) of subdivision 1 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows:
(a) Upon the approval of a charter by the board of regents, the board of regents shall incorporate the charter school as an education corpo- ration for a term not to exceed five SCHOOL years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS, PLUS THE PERIOD COMMENCING WITH THE EFFECTIVE DATE OF THE CHARTER AND ENDING WITH THE OPENING OF THE SCHOOL FOR INSTRUCTION. Such certificate of incorporation shall not modify or limit any terms of the charter approved by the board of regents. Upon approval of an application to renew a charter, the board of regents shall extend the certificate of incorporation for a term not to exceed five SCHOOL years, PLUS THE PERIOD, IF ANY, COMMENCING WITH THE EFFEC- TIVE DATE OF THE RENEWAL CHARTER AND ENDING WITH THE FIRST DAY OF THE FIRST FULL SCHOOL YEAR IN WHICH INSTRUCTION IS PROVIDED UNDER THE RENEWAL CHARTER. Upon termination or nonrenewal of the charter of a charter school pursuant to section twenty-eight hundred fifty-five of this article, the certificate of incorporation of the charter school shall be revoked by the board of regents pursuant to section two hundred nineteen of this chapter, provided that compliance with the notice and hearing requirements of such section twenty-eight hundred fifty-five of this article shall be deemed to satisfy the notice and hearing require- ments of such section two hundred nineteen. It shall be the duty of the S. 6339 3 trustees of the charter school to obtain federal tax-exempt status no later than one year following approval of a charter school by the board of regents. For purposes of this article, "certificate of incorporation" shall mean the provisional charter issued by the board of regents to form the charter school as an educational corporation pursuant to sections two hundred sixteen and two hundred seventeen of this chapter. S 4. Paragraph (p) 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:
(p) The term of the proposed charter, which shall not exceed five SCHOOL years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS, PLUS ANY ADDI- TIONAL PERIOD AUTHORIZED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE. S 5. Paragraph h of subdivision 4 of section 1950 of the education law is amended by adding a new subparagraph 8 to read as follows:
(8) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER, TO PROVIDE SERVICES AS AUTHORIZED BY THIS SECTION. S 6. This act shall take effect on the ninetieth day after it shall have become a law; provided that section one of this act shall take effect July 1, 2010.