S T A T E   O F   N E W   Y O R K
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                                  3660

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  GLICK, COOK, JAFFEE, CRESPO, SWEENEY, STECK,
  CAHILL, TITONE -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,  FINCH,
  GIBSON, MAGEE, MARKEY, MILLMAN, MONTESANO -- read once and referred to
  the Committee on Education

AN  ACT  to  amend  the  education law, in relation to requiring charter
  schools to meet the same teacher evaluation standards  as  the  public
  school district in which such charter school resides

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section  2854  of  the  education  law  is
amending by adding a new paragraph (a-4) to read as follows:
  (A-4)  THE  BOARD  OF  TRUSTEES OF A CHARTER SCHOOL SHALL USE THE SAME
TEACHER  EVALUATION  STANDARDS  AS  ESTABLISHED  IN  THE  PUBLIC  SCHOOL
DISTRICT IN WHICH SUCH CHARTER SCHOOL RESIDES.
  S  2.  Paragraph  (d)  and (e) of subdivision 1 of section 2855 of the
education law, subdivision (d) as amended and subdivision (e)  as  added
by  chapter 101 of the laws of 2010, are amended and a new paragraph (f)
is added to read as follows:
  (d) When the public employment relations board makes  a  determination
that the charter school demonstrates a practice and pattern of egregious
and  intentional  violations  of  subdivision one of section two hundred
nine-a of the civil service law involving interference with or discrimi-
nation against employee rights  under  article  fourteen  of  the  civil
service law; [or]
  (e)  Repeated failure to comply with the requirement to meet or exceed
enrollment and retention targets of students with disabilities,  English
language learners, and students who are eligible applicants for the free
and  reduced  price lunch program pursuant to targets established by the
board of regents or the board of trustees of the state university of New
York, as applicable. Provided, however, if no grounds for terminating  a
charter  are established pursuant to this section other than pursuant to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04570-01-3
              

A. 3660                             2

this paragraph, and the charter school demonstrates  that  it  has  made
extensive  efforts  to  recruit  and  retain  such  students,  including
outreach to parents and families in the surrounding communities,  widely
publicizing  the  lottery  for  such school, and efforts to academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter[.]; OR
  (F) WHEN A CHARTER SCHOOL FAILS TO  DEMONSTRATE  COMPLIANCE  WITH  THE
SAME  TEACHER  EVALUATION  STANDARDS AS ESTABLISHED IN THE PUBLIC SCHOOL
DISTRICT IN WHICH SUCH CHARTER SCHOOL RESIDES, AS  SUCH  REQUIREMENT  IS
SET   FORTH   IN   PARAGRAPH  (A-4)  OF  SUBDIVISION  THREE  OF  SECTION
TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.