Bill A10928-2009

Relates to the powers and duties of BOCES, the operation and management of and enrollment at charter schools, and increasing the cap on the total number of charter schools in the state to four hundred sixty

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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  • May 3, 2010: referred to education

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BILL NUMBER:A10928

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 transparency 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 employees 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 learners and students with disabilities. Allows for admission to oversubscribed charter schools without an open lottery for students with disabilities 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 kindergarten 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 applicants 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 Comptroller 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 additional 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, primarily serving low income students in urban areas. New York has a strong reputation for high standards of accountability and rigorous authorization. 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 charter 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.


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: Section 1. Paragraph h of subdivision 4 of section 1950 of the educa- tion 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 2. Paragraph (c) 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: (c) The proposed governance structure of the school, including a list of members of the initial board of trustees, a description of the quali- fications, terms and method of appointment or election of trustees, the organizational structure of the school, A PROCEDURE FOR CONDUCTING AND PUBLICIZING REGULAR BOARD OF TRUSTEE MEETINGS AT EACH CHARTER SCHOOL, and the processes to be followed by the school to promote parental and staff involvement in school governance. S 3. 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 THE PERIOD COMMENCING WITH THE EFFECTIVE DATE OF THE CHARTER AND ENDING WITH THE OPENING OF THE SCHOOL FOR INSTRUCTION. S 4. Paragraph (v) 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:
(v) A code of ethics for the charter school, setting forth for the guidance of its trustees, officers and employees the standards of conduct expected of them INCLUDING STANDARDS WITH RESPECT TO DISCLOSURE OF CONFLICTS OF INTEREST REGARDING ANY MATTER BROUGHT BEFORE THE BOARD OF TRUSTEES. SUCH CODE OF ETHICS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO COMPLIANCE WITH THE PROVISIONS OF SECTIONS EIGHT HUNDRED, EIGHT HUNDRED ONE, EIGHT HUNDRED TWO, EIGHT HUNDRED THREE, EIGHT HUNDRED FOUR, EIGHT HUNDRED FOUR-A, EIGHT HUNDRED FIVE, EIGHT HUNDRED FIVE-A, EIGHT HUNDRED FIVE-B AND EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW TO THE SAME EXTENT SUCH SECTIONS APPLY TO SCHOOL DISTRICTS. S 5. Subdivision 4 of section 2851 of the education law is amended by adding a new paragraph (e) to read as follows: (E) A DEMONSTRATION OF THE EFFORTS TO BE TAKEN BY THE CHARTER SCHOOL TO ATTRACT AND RETAIN HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK OF EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE IN NEED OF SPECIAL ASSISTANCE AND SUPPORT WHICH SHALL BE CONSIDERED BY THE CHARTER ENTITY PRIOR TO APPROVING AN APPLICATION FOR RENEWAL OF A CHARTER. S 6. 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 SIXTY. [One] TWO hundred THIRTY of such charters shall be issue on the recommendation of the charter entity described in paragraph (b) of subdivision three of section twenty-eight hundred fifty-one of this article, and [one] TWO hundred THIRTY of such charters shall be issued on the recommendation of the other charter entities set forth in subdivision three of section twenty-eight hundred fifty-one of this article, provided that up to [fifty] ONE HUNDRED FIFTEEN of the additional charters authorized to be issued by the chap- ter of the laws of two thousand [seven] TEN which amended this subdivi- sion [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 pursu- ant 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 charter. A conversion of an existing public school to a charter school or the renewal or extension of a char- ter shall not be counted toward the numerical limits established by this subdivision. UPON REVOCATION OR TERMINATION OF A CHARTER, SUCH CHARTER SHALL NO LONGER COUNT TOWARD THE NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION. S 7. 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. Upon termination or nonrenewal of the charter of a charter school pursuant to section twenty-eight hundred fifty-five of this arti- cle, 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 requirements of such section two hundred nineteen. It shall be the duty of the trus- tees 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 8. 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 CHAR- TER SCHOOL HOUSING TWO OR MORE GRADES AT MORE THAN ONE SITE SHALL HAVE EACH SUCH ADDITIONAL SITE DEEMED A CHARTER ISSUED FOR THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTI- CLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, 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 CORPORATIONS 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 ADDI- TIONAL SITES, SHALL CONTINUE TO 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 BARGAINING ORGANIZATION, EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE MEMBERS OF THE COLLECTIVE BARGAINING ORGANIZATION THAT REPRESENTED LIKE POSI- TIONS, 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 oper- ating at a single site; AND A CHARTER SCHOOL OPERATING AT MORE THAN ONE SITE BUT WHICH HOUSES EACH GRADE AT A SINGLE SITE OR WHICH IS PROVIDING SPECIAL EDUCATION PROGRAMS AND SERVICES TO ITS STUDENTS AT DIFFERENT LOCATIONS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION TWEN- TY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE SHALL BE DEEMED TO BE OPER- ATING AT A SINGLE SITE. S 9. Paragraph (a) of subdivision 4 of section 2853 of the education law, as amended by chapter 378 of the laws of 2007, is amended to read as follows: (a) For purposes of sections seven hundred one, seven hundred eleven, seven hundred fifty-one and nine hundred twelve of this chapter, a char- ter school shall be deemed a nonpublic school in the school district within which the charter school is located. Special education programs
and services shall be provided to students with a disability attending a charter school in accordance with the individualized education program recommended by the committee or subcommittee on special education of the student's school district of residence. The charter school may arrange to have such services provided by such school district of residence or by the charter school directly or by contract with another provider, INCLUDING ANOTHER CHARTER SCHOOL. Where the charter school arranges to have the school district of residence provide such special education programs or services, such school district shall provide services in the same manner as it serves students with disabilities in other public schools in the school district, including the provision of supplementary and related services on site to the same extent to which it has a policy or practice of providing such services on the site of such other public schools. CHARTER SCHOOLS MAY PROVIDE SUCH SERVICES ON SITE AT THE CHAR- TER SCHOOL OR ARRANGE TO HAVE SUCH SERVICES PROVIDED BY CONTRACT AT ANOTHER SITE INCLUDING BY ANOTHER CHARTER SCHOOL. WHERE A CHARTER SCHOOL PROVIDES OR ARRANGES TO BE PROVIDED SUCH SERVICES AT ANOTHER SITE, IT SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE PURSUANT TO PARAGRAPH (B-1) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE. S 10. Paragraph (a) of subdivision 4 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (a) For purposes of sections seven hundred one, seven hundred eleven, seven hundred fifty-one and nine hundred twelve of this chapter, a char- ter school shall be deemed a nonpublic school in the school district within which the charter school is located. Special education programs and services shall be provided to students with a disability attending a charter school in accordance with the individualized education program recommended by the committee or subcommittee on special education of the student's school district of residence. The charter school may arrange to have such services provided by such school district of residence or by the charter school directly or by contract with another provider, INCLUDING ANOTHER CHARTER SCHOOL. CHARTER SCHOOLS MAY PROVIDE SUCH SERVICES ON SITE AT THE CHARTER SCHOOL OR ARRANGE TO HAVE SUCH SERVICES PROVIDED BY CONTRACT AT ANOTHER SITE INCLUDING BY ANOTHER CHARTER SCHOOL. WHERE A CHARTER SCHOOL PROVIDES OR ARRANGES TO BE PROVIDED SUCH SERVICES AT ANOTHER SITE, IT SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE PURSUANT TO PARAGRAPH (B-1) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE. S 11. Subdivision 1 of section 2854 of the education law is amended by adding a new paragraph (f) to read as follows: (F) A CHARTER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS EIGHT HUNDRED, EIGHT HUNDRED ONE, EIGHT HUNDRED TWO, EIGHT HUNDRED THREE, EIGHT HUNDRED FOUR, EIGHT HUNDRED FOUR-A, EIGHT HUNDRED FIVE, EIGHT HUNDRED FIVE-A, EIGHT HUNDRED FIVE-B AND EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW TO THE SAME EXTENT SUCH SECTIONS APPLY TO SCHOOL DISTRICTS. S 12. Paragraphs (a) and (b) of subdivision 2 of section 2854 of the education law, as amended by section 5 of part D-2 of chapter 57 of the laws of 2007, are amended, and a new paragraph (b-1) is added to read as follows: (a) A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations and shall not charge tuition or fees; provided that a charter school may require the payment of fees on the same basis and to the same extent as other public
schools. A charter school shall not discriminate against any student, employee or any other person on the basis of ethnicity, national origin, gender, or disability or any other ground that would be unlawful if done by a school. Admission of students shall not be limited on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, gender, national origin, religion, or ancestry; provided, however, that nothing in this article shall be construed to prevent the establishment of a single-sex charter school or a charter school designed to provide expanded learning opportunities for students at-risk of academic failure OR PUPILS WHO ARE OTHERWISE IN NEED OF SPECIAL ASSISTANCE AND SUPPORT, INCLUDING BUT NOT LIMITED TO, PUPILS WITH DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS; and provided, further, that the charter school shall demonstrate good faith efforts to attract and retain a comparable or greater enrollment of students with disabilities and [limited] English [proficient students] LANGUAGE LEARNERS when compared to the enrollment figures for such students in the school district in which the charter school is located. A charter shall not be issued to any school that would be wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine would be taught. (b) Any child who is qualified under the laws of this state for admis- sion to a public school is qualified for admission to a charter school. APPLICATIONS FOR ADMISSION TO A CHARTER SCHOOL SHALL BE SUBMITTED ON A UNIFORM APPLICATION FORM CREATED BY THE DEPARTMENT AND SHALL BE MADE AVAILABLE BY A CHARTER SCHOOL IN LANGUAGES PREDOMINANTLY SPOKEN IN THE COMMUNITY IN WHICH SUCH CHARTER SCHOOL IS LOCATED. The school shall enroll each eligible student who submits a timely application by the first day of April each year, unless the number of applications exceeds the capacity of the grade level or building. In such cases, students shall be accepted from among applicants by a random selection process, provided, however, that an enrollment preference shall be provided to pupils returning to the charter school in the second or any subsequent year of operation and pupils residing in the school district in which the charter school is located, and siblings of pupils already enrolled in the charter school; PROVIDED FURTHER, HOWEVER, THAT PUPILS WITH DISA- BILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS SHALL BE PROVIDED ENROLLMENT PREFERENCE PURSUANT TO PARAGRAPH (B-1) OF THIS SUBDIVISION AFTER PUPILS RETURNING TO THE CHARTER SCHOOL AND SIBLINGS OF PUPILS ALREADY ENROLLED IN THE CHARTER SCHOOL. THE COMMISSIONER SHALL ESTABLISH REGULATIONS TO REQUIRE THAT THE RANDOM SELECTION PROCESS CONDUCTED PURSUANT TO THIS PARAGRAPH BE PERFORMED IN A TRANSPARENT AND EQUITABLE MANNER AND TO REQUIRE THAT THE TIME AND PLACE OF THE RANDOM SELECTION PROCESS BE PUBLICIZED IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF SECTION ONE HUNDRED FOUR OF THE PUBLIC OFFICERS LAW AND BE OPEN TO THE PUBLIC. For the purposes of this paragraph and [paragraph] PARAGRAPHS (a) AND (B-1) of this subdivision, the school district in which the charter school is located shall mean, for the city school district of the city of New York, the community district in which the charter school is located EXCEPT THAT FOR CHARTER HIGH SCHOOLS THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED SHALL MEAN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI- SION, CHARTER SCHOOLS SERVING STUDENTS IN KINDERGARTEN THROUGH EIGHTH GRADE THAT ARE LOCATED IN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL HAVE THE OPTION TO ADOPT THE ENROLLMENT PROCESS USED BY ZONED, NON-CHARTER SCHOOLS LOCATED IN THE COMMUNITY SCHOOL DISTRICT AND ZONE IN WHICH THE CHARTER SCHOOL IS LOCATED, PROVIDED THAT THE ENROLL-
MENT PROCESS MANDATES THAT THE SCHOOL SERVE ALL STUDENTS RESIDING IN THE RELEVANT COMMUNITY SCHOOL DISTRICT AND ZONE UNTIL IT REACHES FULL CAPAC- ITY AT WHICH POINT IT MAY EMPLOY THE SAME LOTTERY SYSTEM AS ZONED SCHOOLS. (B-1) IN THE EVENT THAT THE CHARTER ENTITY OR THE BOARD OF REGENTS, BASED ON INFORMATION PROVIDED TO THE CHARTER ENTITY OR THE BOARD OF REGENTS BY THE CHARTER SCHOOL REGARDING THE ENROLLMENT OF PUPILS WITH DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS, HAS MADE A DETERMINATION AT ANYTIME AFTER THE SCHOOL'S FIRST YEAR OF OPERATION THAT THE CHARTER SCHOOL HAS NOT ATTRACTED A PERCENTAGE OF PUPILS FROM EACH OF THOSE GROUPS IN EACH GRADE OF THE CHARTER SCHOOL IS AT LEAST FIFTY PERCENT OF THE AVERAGE PERCENTAGE, AS CALCULATED BY THE SCHOOL DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED, OF PUPILS IN EACH GRADE FROM EACH OF THOSE GROUPS IN ALL NON-CHARTER PUBLIC SCHOOLS IN THE SCHOOL DISTRICT, OR, FOR ELEMENTARY AND MIDDLE SCHOOLS LOCATED WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, IN THE COMMUNITY SCHOOL DISTRICT WHERE THE CHARTER IS LOCATED, STUDENTS SHALL BE ACCEPTED IN SUBSEQUENT YEARS FROM AMONG APPLICANTS BY THE FOLLOWING PROCESS, PROVIDED, HOWEVER, IN MAKING THAT DETERMINATION THE BOARD OF REGENTS AND THE CHARTER ENTITY SHALL TAKE INTO ACCOUNT THE FACILITY CONSTRAINTS IF ANY THAT AFFECT ENROLLMENT AND SERVICE OF PUPILS WITH DISABILITIES: (I) FIRST, THE SCHOOL SHALL ACCEPT APPLICATIONS FOR EACH GRADE SUBMIT- TED BY PUPILS WITH DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS UNTIL THE PERCENTAGE OF STUDENTS FROM EACH OF THOSE GROUPS IN EACH GRADE OF THE CHARTER SCHOOL IS AT LEAST SEVENTY-FIVE PERCENT OF THE AVERAGE PERCENTAGE, AS CALCULATED BY THE SCHOOL DISTRICT WHERE THE CHAR- TER SCHOOL IS LOCATED, OF STUDENTS IN EACH GRADE FROM EACH OF THOSE GROUPS IN ALL NON-CHARTER PUBLIC SCHOOLS IN THE SCHOOL DISTRICT, OR, FOR ELEMENTARY AND MIDDLE SCHOOLS LOCATED WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, IN THE COMMUNITY SCHOOL DISTRICT WHERE THE CHARTER IS LOCATED, OR UNTIL ALL APPLICATIONS SUBMITTED BY STUDENTS WITH AN INDIVIDUALIZED EDUCATION PROGRAM AND ENGLISH LANGUAGE LEARNERS HAVE BEEN ACCEPTED. IF ACCEPTING ALL APPLICATIONS SUBMITTED BY PUPILS WITH DISA- BILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS WOULD CAUSE THE PERCENTAGE OF SUCH STUDENTS IN ANY GRADE AT THE CHARTER SCHOOL TO EXCEED SEVENTY-FIVE PERCENT OF THE AVERAGE PERCENTAGE OF PUPILS FROM EACH OF THOSE GROUPS IN THE SAME GRADE AT THE RELEVANT NON-CHARTER PUBLIC SCHOOLS, FOR EACH GRADE THE CHARTER SCHOOL SHALL ACCEPT APPLICANTS FROM EACH OF THOSE GROUPS BY A RANDOM SELECTION PROCESS UNTIL THE PERCENTAGE OF STUDENTS IN EACH GRADE FROM EACH OF THOSE GROUPS IS EQUAL TO THE SEVENTY-FIVE PERCENT OF THE PERCENTAGE OF STUDENTS IN EACH GRADE FROM EACH OF THOSE GROUPS IN THE RELEVANT NON-CHARTER PUBLIC SCHOOLS. (II) ONCE ALL APPLICATIONS SUBMITTED BY PUPILS WITH DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS HAVE BEEN ACCEPTED, OR ONCE THE REQUIRED PERCENTAGE OF STUDENTS FROM THOSE GROUPS IN EACH GRADE HAS BEEN REACHED AS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE SCHOOL SHALL ACCEPT STUDENTS FROM AMONG ALL UNACCEPTED APPLICATIONS INCLUDING APPLICATIONS FROM PUPILS WITH DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS BY RANDOM SELECTION PROCESS, PROVIDED, HOWEVER, THAT AN ENROLLMENT PREFERENCE SHALL BE PROVIDED TO PUPILS RETURNING TO THE CHARTER SCHOOL IN THE SECOND OR ANY SUBSEQUENT YEAR OF OPERATION, SIBLINGS OF PUPILS ALREADY ENROLLED IN THE CHARTER SCHOOL AND PUPILS RESIDING IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED. S 13. Subdivision 2 of section 2857 of the education law, as amended by section 7 of part D-2 of chapter 57 of the laws of 2007, is amended to read as follows:
2. Each charter school shall submit to the charter entity and to the board of regents an annual report. Such report shall be issued no later than the first day of August of each year for the preceding school year AND SHALL BE MADE PUBLICLY AVAILABLE BY SUCH DATE AND SHALL BE POSTED ON THE CHARTER SCHOOL'S AND CHARTER ENTITY'S WEBSITES. The annual report shall be in such form as shall be prescribed by the commissioner and shall include at least the following components: (a) a charter school report card, which shall include measures of the comparative academic and fiscal performance of the school, as prescribed by the commissioner in regulations adopted for such purpose. Such meas- ures shall include, but not be limited to, graduation rates, dropout rates, performance of students on standardized tests, college entry rates, total spending per pupil and administrative spending per pupil. Such measures shall be presented in a format that is easily comparable to similar public schools. In addition, the charter school shall ensure that such information is easily accessible to the community INCLUDING MAKING IT PUBLICLY AVAILABLE BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF GENERAL CIRCULATION AND MAKING IT AVAILABLE FOR DISTRIBUTION AT BOARD OF TRUSTEE MEETINGS. (b) discussion of the progress made towards achievement of the goals set forth in the charter. (c) a certified financial statement setting forth, by appropriate categories, the revenues and expenditures for the preceding school year, including a copy of the most recent independent fiscal audit of the school. (D) EFFORTS TAKEN BY THE CHARTER SCHOOL IN THE EXISTING SCHOOL YEAR, AND A PLAN FOR EFFORTS TO BE TAKEN IN THE SUCCEEDING SCHOOL YEAR, TO ATTRACT AND RETAIN HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK OF EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE IN NEED OF SPECIAL ASSISTANCE AND SUPPORT. S 14. Subdivision 3 of section 2857 of the education law is amended by adding a new paragraph (a-1) to read as follows: (A-1) A LIST INCLUDING THE NUMBER OF CHARTER SCHOOLS CLOSED DURING THE PRECEDING YEAR, AND A BRIEF DESCRIPTION OF THE REASONS THEREFORE INCLUD- ING, BUT NOT LIMITED TO, NON-RENEWAL OF THE CHARTER OR REVOCATION OF THE CHARTER; S 15. Section 2857 of the education law is amended by adding a new subdivision 5 to read as follows: 5. THE BOARD OF REGENTS SHALL, ON AN ANNUAL BASIS, REVIEW AND MAKE AVAILABLE TO SCHOOL DISTRICTS BEST EDUCATIONAL PRACTICES EMPLOYED BY CHARTER SCHOOLS. S 16. The education law is amended by adding a new section 211-e to read as follows: S 211-E. EDUCATIONAL MANAGEMENT ORGANIZATIONS. 1. EACH COMMON, CENTRAL, CENTRAL HIGH SCHOOL, UNION FREE, EXCEPT SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, AND CITY SCHOOL DISTRICT SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS WITH APPROVED EDUCATIONAL MANAGEMENT ORGANIZATIONS FOR THE PURPOSE OF MANAG- ING INDIVIDUAL SCHOOLS WITHIN THE DISTRICT IN ORDER TO TURN AROUND THE PERSISTENTLY LOWEST-ACHIEVING SCHOOLS. AUTHORITY OVER EMPLOYMENT DECI- SIONS SHALL REMAIN THE SOLE RESPONSIBILITY OF THE EMPLOYING BOARD. CONTRACTS SHALL BE SOLICITED AND AWARDED PURSUANT TO A COMPETITIVE REQUEST FOR PROPOSALS PROCESS THAT SHALL BE DEVELOPED BY THE BOARD OF EDUCATION IN CONSULTATION WITH THE SUPERINTENDENT OF SCHOOLS IN ACCORD- ANCE WITH COMMISSIONER'S REGULATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION. THE REQUEST FOR PROPOSAL PROCESS SHALL INCLUDE MEASURES TO
ENHANCE THE ABILITY OF MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES TO COMPETE FOR CONTRACTS AND TO ENSURE THEIR MEANINGFUL PARTICIPATION IN THE PROCESS. FOR THE PURPOSES OF THIS SECTION, THE TERM "BOARD OF EDUCA- TION" SHALL MEAN THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION OF ANY SCHOOL DISTRICT, EXCEPT IN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK THE TERM "BOARD OF EDUCATION" SHALL MEAN THE PANEL FOR EDUCATION POLICY AND THE "SUPERINTENDENT OF SCHOOLS" SHALL MEAN THE CHANCELLOR. 2. THE DEPARTMENT SHALL ESTABLISH A LIST OF APPROVED EDUCATIONAL MANAGEMENT ORGANIZATIONS. IN ESTABLISHING SUCH LIST, THE COMMISSIONER SHALL MAKE REASONABLE EFFORTS TO ENSURE MINORITY AND WOMEN OWNED BUSI- NESS ENTERPRISES ARE INCLUDED FOR CONSIDERATION WHERE APPLICABLE. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS TO THIS SECTION INCLUDING REGULATIONS FOR CONSISTENCY AND COMPLIANCE WITH ANY APPLICABLE FEDERAL OR STATE GUIDE- LINES, INCLUDING THOSE CONTAINED WITHIN THE FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. 3. NO CONTRACT ENTERED INTO WITH AN EDUCATIONAL MANAGEMENT ORGANIZA- TION PURSUANT TO THIS SECTION SHALL BE CONSTRUED TO OVERRIDE OR AMEND ANY COLLECTIVE BARGAINING AGREEMENT BETWEEN THE SCHOOL DISTRICT AND COLLECTIVE BARGAINING ORGANIZATION. ANY CHANGES TO THE COLLECTIVE BARGAINING AGREEMENT OF ANY BARGAINING UNIT DURING THE TERM OF THE CONTRACT WITH THE EDUCATIONAL MANAGEMENT ORGANIZATION SHALL BE NEGOTI- ATED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. S 17. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 18. This act shall take effect immediately; provided, however, that: a. sections three, seven and eight of this act shall take effect July 1, 2010; b. sections five, twelve, thirteen, fourteen and fifteen of this act shall take effect January 1, 2011; and c. the amendments to paragraph (a) of subdivision 4 of section 2853 of the education law made by section nine of this act shall be subject to the expiration and reversion of such section pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section ten of this act shall take effect.

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