S1133-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 5, 2011: REFERRED TO EDUCATION

S1133-2011 Memo

BILL NUMBER:S1133

TITLE OF BILL:

An act
to amend the education law, in relation to creating the New York state
web academy and virtual charter schools to provide online instruction

PURPOSE:

The purpose of this legislation is to develop and implement virtual
charter school courses via the Internet to allow pupils access to
courses they otherwise would not be able to access through
conventional instructional methods.

SUMMARY OF PROVISIONS:

Section one amends that the education law by adding a new article
56-A, which creates subparagraphs 2900-2903 of the education law
concerning the Web Academy and Virtual Charter schools.

Sub-paragraph 2900 contains the definitions section, and defines a
"virtual charter school" as a charter school in which at least a
portion of the instruction is provided through means of the Internet.

Sub-paragraph 2901 Provides that the department shall establish the
New York state web academy comprised of virtual charter schools to
partner with school districts, cooperative educational services,
private schools and the chartering entities of charter schools which
will throughout the state to offer online courses at a reasonable fee
for middle and high school students.

Subparagraph 2901 further provides the Board of Regents shall
establish the content of the online courses, provide for online
certification for New York state certified teachers and provide
technical support for the academy. All online courses shall meet New
York state and national standards.

Sub-paragraph 2902 provides that teachers shall be required to undergo
special training before teaching an online course. Furthermore, shall
limit the number of students enrolled in a virtual charter school,
and shall ensure pupils enrolled part-time in online courses have
direct with a teacher, each week school is scheduled, for at least
twenty minutes for each online.

JUSTIFICATION:

This legislation seeks to expand the options that parents have in
selecting the right school for their children by creating a New York
State Web Academy, within which non-locationally based charter
schools might operate. Certain children do not perform as well inside
of traditional classroom settings due to such things as a lack of
sufficiently challenging academic offerings, or other reasons why a
student might not thrive in a given school district's "brick and
mortar" schools. For those students, "virtual" charter schools can


provide a necessary alternative to traditional location-based
schooling.

Those wishing to be teachers in virtual charter schools must go
through additional educational training in order to provide the
sufficient amount of education to their pupils. Furthermore,
enrollees in the virtual charter schools will be required, similar to
other types of home schooling, to spend socialization time with both
teachers and students at bricks and mortar schools in their physical
school district.

The State of Wisconsin enacted Act 222 in 2007 that allowed virtual
charter schools to operate with public funding. Although New York
State's experiment with virtual charter schools will not begin with
public funding, it is hoped that by establishing in law the right to
create virtual charter schools, the quality of education will
increase for pupils in the state of New York.

LEGISLATIVE HISTORY:

2009-10:  S.7017 - Referred to Education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The act shall take effect the first of July next succeeding
the date on which it shall have become a law.

S1133-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1133
 2011-2012 Regular Sessions
 I N  SENATE
 January 5, 2011
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT to amend the education law, in relation to creating the New  York
 state  web  academy  and  virtual  charter  schools  to provide online
 instruction
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The education law is amended by adding a new article 56-A
 to read as follows:

 ARTICLE 56-A
 VIRTUAL CHARTER SCHOOLS
 SECTION 2900. DEFINITIONS.
 2901. NEW YORK STATE WEB ACADEMY.
 2902. LICENSURE.
 2903. ENROLLMENT.
 

S 2900. DEFINITIONS. THE FOLLOWING  TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:

 1.  "VIRTUAL  CHARTER SCHOOL" SHALL MEAN A CHARTER SCHOOL IN WHICH ALL
 OR A PORTION OF THE INSTRUCTION IS PROVIDED THROUGH MEANS OF THE  INTER
 NET,  AND THE PUPILS ENROLLED IN AND THE INSTRUCTIONAL STAFF EMPLOYED BY
 THE SCHOOL ARE GEOGRAPHICALLY REMOTE FROM EACH OTHER.
 2. "NEW YORK STATE WEB ACADEMY" SHALL MEAN AN  ONLINE  ACADEMY  ESTAB
 LISHED  BY  THE DEPARTMENT TO PROVIDE STUDENTS THE OPPORTUNITY TO ENROLL
 IN ONLINE COURSES THEY WOULD NOT OTHERWISE BE ABLE  TO  TAKE,  WHICH  IS
 COMPRISED OF ONLINE COURSES PROVIDED BY VIRTUAL CHARTER SCHOOLS.
 

S  2901. NEW YORK STATE WEB ACADEMY. 1. THE DEPARTMENT SHALL ESTABLISH
 THE NEW YORK STATE WEB ACADEMY COMPRISED OF VIRTUAL CHARTER  SCHOOLS  TO
 PARTNER WITH SCHOOL DISTRICTS, COOPERATIVE EDUCATIONAL SERVICES, PRIVATE
 SCHOOLS  AND  THE  CHARTERING ENTITIES OF CHARTER SCHOOLS THROUGHOUT THE
 STATE, TO OFFER ONLINE COURSES, AT A REASONABLE FEE TO BE DETERMINED  BY
 THE  COMMISSIONER,  FOR  MIDDLE AND HIGH SCHOOL STUDENTS. THE DEPARTMENT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01795-01-1
 
       S. 1133                             2
 SHALL ADD THE ONLINE COURSES TO A  SCHOOL  DISTRICT'S  MIDDLE  AND  HIGH
 SCHOOL CURRICULUM.
 2. THE BOARD OF REGENTS SHALL, AT A MINIMUM:

 A. ESTABLISH THE CONTENT OF THE ONLINE COURSES;
 B.  PROVIDE  FOR  ONLINE  CERTIFICATION  FOR  NEW YORK STATE CERTIFIED
 TEACHERS; AND
 C. PROVIDE TECHNICAL SUPPORT FOR THE ACADEMY.
 3. THE ACADEMY SHALL ASSIST SCHOOL DISTRICTS, COOPERATIVE  EDUCATIONAL
 SERVICES, PRIVATE SCHOOLS AND THE CHARTERING ENTITIES OF CHARTER SCHOOLS
 IN DEVELOPING THEIR POLICIES FOR ONLINE LEARNING.
 4. THE ACADEMY'S ONLINE COURSES SHALL MEET NEW YORK STATE AND NATIONAL
 STANDARDS.
 5.  ALL  ONLINE  COURSES  OFFERED  BY VIRTUAL CHARTER SCHOOLS SHALL BE
 OFFERED FOR A REASONABLE COST TO BE DETERMINED BY THE COMMISSIONER.
 6. THE DEPARTMENT SHALL PROVIDE FOR A SAFE AND SECURE ONLINE  ENVIRON
 MENT,  ENSURE  THE  CONFIDENTIALITY OF PUPIL COURSEWORK AND RECORDS, AND
 DEVELOP A PROGRAM OR OTHER MEANS TO VERIFY THE AUTHENTICITY OF A PUPIL'S
 COURSEWORK.
 

S 2902. LICENSURE. 1. IN  ADDITION  TO  ANY  OTHER  CERTIFICATIONS  OR
 LICENSING REQUIRED BY LAW, ALL TEACHERS TEACHING AN ONLINE COURSE, SHALL
 ENROLL  IN AND SUCCESSFULLY COMPLETE A PROFESSIONAL DEVELOPMENT PROGRAM,
 APPROVED BY THE DEPARTMENT, THAT IS DESIGNED TO PREPARE  A  TEACHER  FOR
 ONLINE TEACHING PRIOR TO TEACHING SUCH ONLINE COURSE.
 2.  THIS  SECTION SHALL NOT PREVENT TEACHERS ALREADY EMPLOYED TO TEACH
 SUCH COURSES FROM TEACHING SUCH ONLINE COURSES, PROVIDED, THEY ENROLL IN
 AND SUCCESSFULLY COMPLETE A PROFESSIONAL DEVELOPMENT  PROGRAM,  APPROVED
 BY  THE  DEPARTMENT,  THAT  IS  DESIGNED TO PREPARE A TEACHER FOR ONLINE
 TEACHING PRIOR TO TEACHING SUCH ONLINE COURSE, WITHIN ONE YEAR FROM  THE
 EFFECTIVE DATE OF THIS ARTICLE.
 

S  2903.  ENROLLMENT.  1.  THE  DEPARTMENT  SHALL  LIMIT THE NUMBER OF
 STUDENTS ENROLLED IN A VIRTUAL CHARTER SCHOOL THROUGH AN OPEN ENROLLMENT
 PROGRAM, WHICH INCLUDES AN ONLINE ENROLLMENT APPLICATION FOR PUPILS.
 2. THE DEPARTMENT SHALL ENSURE THAT:

 A. PUPILS ENROLLED PART-TIME IN ONLINE  COURSES  HAVE  DIRECT  CONTACT
 WITH  A  TEACHER,  EACH  WEEK  SCHOOL  IS SCHEDULED, FOR AT LEAST TWENTY
 MINUTES FOR EACH ONLINE COURSE;
 B. ELEMENTARY SCHOOL PUPILS  WHO  ARE  ENROLLED  FULL-TIME  IN  ONLINE
 COURSES  HAVE  DIRECT CONTACT WITH A TEACHER FOR AT LEAST TWO HOURS EACH
 DAY THAT SCHOOL IS SCHEDULED;
 C. HIGH SCHOOL PUPILS ENROLLED FULL-TIME IN ONLINE COURSES HAVE DIRECT
 CONTACT WITH A TEACHER AT LEAST THIRTY MINUTES EACH DAY THAT  SCHOOL  IS
 SCHEDULED; AND
 D. ONLY STATE RESIDENTS ENROLL IN THE WEB ACADEMY PROVIDED PURSUANT TO
 THIS ARTICLE.
 

S  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.

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