S T A T E   O F   N E W   Y O R K
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                                  4315

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by M. of A. CAMARA, STEVENSON, CRESPO, CLARK, ARROYO, RODRI-
  GUEZ, ROBERTS, GIBSON, RIVERA -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the  education  law,  in  relation  to  charter  schools
  providing special education services

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

  Section 1. Subparagraph 2 of paragraph h of subdivision 4  of  section
1950  of  the  education  law,  as amended by chapter 422 of the laws of
2012, is amended to read as follows:
  (2) To enter into contracts with the United  States  of  America,  the
State of New York, any school district, community college, public insti-
tution  of higher education, independent institution of higher education
eligible for aid under section sixty-four hundred one of  this  chapter,
public libraries, CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS
CHAPTER,  or  public  agency  in relation to the program of the board of
cooperative educational services, and any such school district, communi-
ty college, institution of higher education, CHARTER SCHOOL,  or  public
agency  is hereby authorized and empowered to do and perform any and all
acts necessary or convenient in relation to the performance of any  such
contracts.
  S  2. Subparagraphs (A) and (B) of paragraph (b-1) of subdivision 1 of
section 2853 of the education law, as amended by chapter 101 of the laws
of 2010, are amended and a new subparagraph (C)  is  added  to  read  as
follows:
  (A) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06239-01-3

              

A. 4315                             2

  (C) A CHARTER SCHOOL  THAT  PROVIDES  PROGRAMS  AND  SERVICES  TO  ITS
STUDENTS AT DIFFERENT LOCATIONS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
FOUR OF THIS SECTION SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE.
  S  3.  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,
WHICH MAY INCLUDE ANOTHER CHARTER  SCHOOL  OR  A  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES.  A  CHARTER  SCHOOL MAY PROVIDE SUCH PROGRAMS AND
SERVICES, INCLUDING PROGRAMS AND SERVICES FOR STUDENTS WHO  ARE  ENGLISH
LANGUAGE  LEARNERS, ON-SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED AT
ANOTHER SITE.   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.
  S 4. 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,
WHICH  MAY  INCLUDE  ANOTHER  CHARTER  SCHOOL  OR A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES. A CHARTER SCHOOL MAY  PROVIDE  SUCH  PROGRAMS  AND
SERVICES,  INCLUDING  PROGRAMS AND SERVICES FOR STUDENTS WHO ARE ENGLISH
LANGUAGE LEARNERS, ON-SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED  AT
ANOTHER SITE.
  S  5. This act shall take effect immediately, provided that the amend-
ments to paragraph (a) of subdivision 4 of section 2853 of the education
law made by section three of this act shall be subject to the expiration
and reversion of such paragraph 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 four of this act shall take effect.