Bill S1540-2011

Establishes the offense of unlawfully residing or entering upon school grounds

Establishes the class A misdemeanor of unlawfully residing or entering upon school grounds for the entry upon school grounds, of any sex offender required to register and verify pursuant to the sex offender registration act; grants an exception for persons attending or employed by the school upon such school grounds, or having a family member attending such school, if the defendant enters the school grounds for the limited purposes authorized by the administrator of the school; establishes the class E felony of unlawfully residing or entering upon school ground for the commission of such offense in the second degree after having had a conviction thereof in the previous 5 years.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 10, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1540

TITLE OF BILL: An act to amend the education law, in relation to charter schools

PURPOSE OR GENERAL IDEA OF BILL: To clarify the transparency and accountability of charter schools and provide fiscal relief to the school districts where charter schools are located.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 describes the legislative intent behind this law to increase the transparency and accountability of charter schools and to provide fiscal relief to local school districts.

Sections 2 Amends paragraph 1 of subdivision 1 of section 2851 of the education law to remove fox profit operators from the law and limits salaries of not for profit management companies to the comparable salaries of the school district.

Section 3 Amends paragraphs (d), (h), (p), and 06 of subdivision 2 of section 2851 of the education law to require that charter schools up for renewal include a plan on how they will ensure student enrollment reflects local school district enrollment. Requires charter schools to show how they intend to provide services to students on long term suspension or expulsion. Allows charter schools to provide instruction for 5 years before renewal of the charter. Requires the board to adopt a code of ethics in compliance with the general municipal law.

Section 4 Amends paragraph (a) of subdivision 4 of Section 2851 of the education law to require a charter school applying for renewal to include disaggregated student performance data in the progress report.

Section 5 Amends subdivision 2 of section 2852 of the education law by adding paragraphs (e) and (f) to require the approval of the application by the board of education.

Section 6 Amends Subdivision 5-b of section 2852 of the education law to require SUNY to provide an explanation why they are not making modifications in a charter suggested by the Regents and removes the automatic approval of second submissions by SUNY.

Section 7 Amends Subdivision 7 of Section 2852 by adding a new paragraph (c) of the education law that requires charter entities to deny a charter revision that would increase charter school enrollment above 5 percent of the enrollment of the school district where the charter school is located and defines the school district of location as the community school district for New York city.

Section 8 Amends Subdivision 10 of Section 2852 of the education law to change the approval date from March 15 to January 15 in order for a

school to open the following September. This provision gives school district more ability to plan in their budget process.

Section 9 Amends Subdivision 2 of Section 2853 of the education law to require State Education Department to include charter schools in any review or audit of state test administration and scoring.

Section 10 Amends paragraph (a) of Subdivision 3 of Section 2853 of the education law to set limits on shared space when a school district is not meeting class size targets.

Section 11 Amends Subdivision 3 of Section 2853 by adding paragraphs (d) and (e) of the education law to require charter school facility projects to follow the prevailing wage statutes and to require schools to make equitable improvements in shared facilities.

Section 12 Amends Paragraphs (c) and (e) of Subdivision 1 of Section 2854 of the education law to clarify that charter school boards must have a code of ethics in conformance with the general municipal law and that charter schools are subject to audits by the charter entity.

Section 13 Amends Subdivision 1 of Section 2854 of the education law by adding paragraph (f) to require charter schools to have a code of ethics.

Section 14 Amends Subdivision 2 Section 2854 of the education law and paragraphs (a) and (b)as amended by section 5 of Part-D2 of chapter 57 of laws of 2007 to require the charter school to develop a plan for enrolling students with disabilities and limited English proficient students at the same levels as the local school district. It requires Charter schools to give a preference to students on free and reduced price lunch, students with disabilities and. students with limited English proficiency when conducting a lottery. It requires charter schools to provide a report to the chartering entity indicating the number students leaving the school, why they left and when they left. It requires the charter entity to ensure the random selection process of the lottery is conducted properly.

Section 15 Amends paragraphs (b-1), (c) and (c-1) of Subdivision 3 of Section 2854 of the education law to clarify that charter schools employees are members of the local collective bargaining unit and that charter school teachers are members of the retirement system.

Section 16 Amends Subdivision 1 of Section 2855 of the education law to clarify that a charter shall be revoked if a school would be subject to registration revocation and had not met AYP in the last three years. The previous language only required growth rather than meeting AYP. It allows for revocation when the school does not meet performance targets contained in the charter and student demographics of the district of location for 2 years.

Section 17 Amends subdivision 1 of Section 2856 of the education law to require the state to reimburse school districts for the local share of charter school tuition in the June State aid payment. This provision removes charter school funding from local school districts. School districts already receive state aid for these students so the only portion not paid by the state is the local share. We may have to phase in this change due to the state fiscal crisis but I think this is a good starting point. It leaves room for compromise. It also requires charter schools to provide actual enrollment counts after the initial payment each year.

Section 18 Amends subdivisions 2 and 3 of Section 2857 of the education law to require that Charter school annual reports be placed on school district web sites. It requires the report to include disaggregated student performance data and additional financial information. It requires SED to do an annual report by December first of each year to include information on best practices.

Section 19 Amends Paragraph (a) of Subdivision 7 of Section 1608 of the education law to require that school districts include charter school payments in the property tax report card. section 20 Amends Paragraph (a) of Subdivision 7 of section 1716 of the education law to require school districts to include charter school payments in the property tax report card.

Section 21 Amends Paragraph (t) of subdivision 1 of Section 3602 of the education law to adjust the formula used to compute approved operating expenses (AGE). When the state aid formula was revised in 2007-08, categorical grant programs were merged into a new Foundation Aid formula which has had the unintended consequence of artificially inflating AGE.

Section 22 is the effective date.

JUSTIFICATION: New York's charter school law was enacted 11 years ago in an effort to create new learning opportunities for all students, to encourage different and innovative teaching methods and to provide parents and students with expanded choice within the public schools. Eleven years provides the state with enough information to make judgments about changes that are needed in the law to ensure the public knows how their tax dollars are being spent and to ensure public schools serving the majority of students have the resources needed to provide a quality education to all students. This legislation will clarify the transparency and accountability of charter schools and provide fiscal relief to the school districts where charter schools are located.

This bill would provide fiscal relief to local property taxpayers by reimbursing the local share of the charter school tuition payment going forward. The savings to property taxpayers and the cost to the State would be approximately $163 million. This bill would ensure fairness in funding, so that both charter schools and regular schools can provide a quality education for all students. Fairness in resources means charter

school funding cannot come at the expense of neighborhood public schools.

Just as the deregulation of Wall street led to the economic and subprime mortgage crisis, the Medoff scandal and excessive executive bonuses, deregulating public education and turning over taxpayers' dollars to Private operators without sufficient accountability and transparency has created opportunities for mismanagement and abuses.

Many charter schools send 30 percent of this money to management companies, both for-profit and not-for-profit - money that never makes it into the classroom. Charter school board members and employees should be subject to the exact same financial disclosure requirements and conflict-of-interest prohibitions as other public officials and employees. For-profit operators should be banned from owning or operating charter schools, and management fees and charter operator salaries should be publicly disclosed.

Charter operators are currently exempt from having to issue property tax report cards; do not hold public votes on their school budgets or elect independent school board members in a public vote. This bill would include charter school payments in the property tax report card.

Charter operators, who receive more than 95 percent of their revenue from public funds, currently are also exempt from audits by the Office of the State Comptroller, which recently completed audits of all other regular public schools. This bill would allow the state and City comptroller to conduct audits.

PRIOR LEGISLATIVE HISTORY: 2011-12 Referred to Education 2009-10 Referred to Education

FISCAL IMPLICATIONS: In New York state, we currently have 140 charter schools operating in 2009-10, serving about 44,000 kids. Traditional public schools sent $530 million this year to charter schools via their tuition payments.

Tuition payments come from a combination of state and local dollars. In the 2009-10 school year, almost 50 percent or $263 million came from local revenue or property taxes.

If the state legislature raises the charter cap to 460 we will more than triple the number of schools, students and costs. If school sizes remain consistent - New York will have 145,000 kids in charter schools and taxpayers will be sending $2 billion to charter schools.

If the new charter schools. are similarly distributed around the state this would add an additional $1 billion cost to property taxpayers. This is an overall increase in costs which is more than twice the value of Race to the Top, a one-time grant.

EFFECTIVE DATE: This act shall take effect immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 1540 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the offense of unlawfully residing or entering upon school grounds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 130.82 and 130.83 to read as follows: S 130.82 UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE. A PERSON IS GUILTY OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE WHEN, HAVING BEEN CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, HE OR SHE KNOWINGLY RESIDES WITHIN, OR ENTERS INTO OR UPON ANY SCHOOL GROUNDS, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS CHAPTER, DURING THE PERIOD OF TIME HE OR SHE IS REQUIRED TO REGISTER AND VERIFY PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-H OF THE CORRECTION LAW. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE THAT THE DEFENDANT (1) IS A REGISTERED STUDENT OR AN EMPLOYEE OF A SCHOOL UPON SUCH SCHOOL GROUNDS, OR HAS A FAMILY MEMBER ENROLLED IN A SCHOOL UPON SUCH SCHOOL GROUNDS, AND (2) ENTERED UPON SUCH SCHOOL GROUNDS FOR THE LIMITED PURPOSES AUTHORIZED BY THE SUPERINTENDENT OR CHIEF ADMINISTRATOR OF SUCH SCHOOL. UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 130.83 UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE FIRST DEGREE. A PERSON IS GUILTY OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF UNLAW-
FULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE SECOND DEGREE, AS DEFINED IN SECTION 130.82 OF THIS ARTICLE, AND HAS BEEN CONVICTED OF UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE FIRST OR SECOND DEGREE IN THE PREVIOUS FIVE YEARS. UNLAWFULLY RESIDING OR ENTERING UPON SCHOOL GROUNDS IN THE FIRST DEGREE IS A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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