Provides that charter school applications shall be approved or disapproved by the local school board in certain districts and in cities of one million or more approval or disapproval shall be made by the chancellor.
TITLE OF BILL: An act to amend the education law, in relation to local approval of charter schools in certain districts
PURPOSE: To ensure some local oversight over charter schools outside of New York city.
SUMMARY OF PROVISIONS: Amends section 2851-a of the education law to require a charter school to submit an application to the local school board for approval before an application can be submitted to a chartering entity. This application must include an economic and financial impact statement in addition to other information relevant to the application. If the local school board does not approve the charter school application, the applicant cannot apply to a chartering entity.
JUSTIFICATION: Currently, there have been twelve charter schools approved for the Albany city school District. Under current law, the school district has no input into the approval process of charter applications and that has resulted in the district's saturation. The goal of this legislation is to provide school districts with input into a process where the outcomes affects them greatly. While the charter schools deserve adequate funding, the formula on how they receive this funding is flawed. The Albany city School District has to take on the burden of eliminating their programs, resources, as well as faculty in order to fund these charter schools.
LEGISLATIVE HISTORY: 2011-12: S.1445 Remained in the Senate Committee on Education 2009-10: S.336 Remained in the Senate Committee on Education 2007-08: S.715 Remained in the Senate Committee on Education 2005-06: S.7137 Remained in the Senate Committee on Education
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The act shall take effect on the July 1st after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1140 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. BRESLIN -- 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 local approval of charter schools in certain districts 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 section 2851-a to read as follows: S 2851-A. PROCEDURES FOR LOCAL APPROVAL OF CHARTER SCHOOLS IN CERTAIN DISTRICTS. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE TO THE CONTRARY, PRIOR TO THE ESTABLISHMENT OF A CHARTER SCHOOL PROPOSED IN A SCHOOL DISTRICT THAT IS SUBJECT TO SECTION NINETEEN HUNDRED SIX, TWO THOUSAND TWENTY-TWO OR TWENTY-SIX HUNDRED ONE-A OF THIS TITLE, AN APPLI- CANT SHALL SUBMIT SUCH CHARTER APPLICATION TO THE LOCAL SCHOOL BOARD. THE APPLICATION SHALL INCLUDE AN ECONOMIC AND FINANCIAL IMPACT STATEMENT FOR THE LOCAL SCHOOL DISTRICT, WHICH SHALL BE IN ADDITION TO ANY OTHER NECESSARY INFORMATION REGARDING THE APPLICANT'S ABILITY TO OPERATE A SCHOOL AND TO IMPROVE STUDENT TESTING. IF THE CHARTER SCHOOL APPLICATION IS NOT APPROVED BY THE LOCAL SCHOOL BOARD, THAT CHARTER SCHOOL APPLICA- TION SHALL BE DEEMED DISAPPROVED AND SHALL NOT BE SUBMITTED TO THE CHAR- TER ENTITY FOR AN APPROVAL. THE APPLICANT MAY SUBMIT AN APPLICATION FOR A SECOND TIME, BUT SUCH APPLICATION SHALL NOT BE SUBMITTED TO THE LOCAL SCHOOL BOARD UNTIL THE FOLLOWING CALENDAR YEAR. NOTWITHSTANDING THE PROCEDURES FOR LOCAL APPROVAL OF CHARTER SCHOOLS, IN CITIES WITH A POPU- LATION OF ONE MILLION OR MORE THE CHANCELLOR SHALL APPROVE OR DISAPPROVE OF SUCH CHARTER SCHOOL APPLICATIONS. S 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01802-01-3