This bill has been amended

Bill S2450-2013

Relates to the provision of special education services at charter schools

Relates to the provision of special education services at charter schools.

Details

Actions

  • Jun 12, 2013: ORDERED TO THIRD READING CAL.1317
  • Jun 12, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 12, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 17, 2013: REFERRED TO EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Education - Feb 12, 2013
Ayes (13): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Smith, Valesky, Breslin
Ayes W/R (1): Stavisky
Nays (5): Latimer, Addabbo, Avella, Montgomery, Tkaczyk
VOTE: COMMITTEE VOTE: - Rules - Jun 12, 2013
Ayes (20): Skelos, Libous, Bonacic, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Espaillat
Ayes W/R (2): Carlucci, Stewart-Cousins
Nays (2): Krueger, Gianaris
Excused (1): Perkins
VOTE: COMMITTEE VOTE: - Rules - Jun 17, 2013
Ayes (20): Skelos, Libous, Bonacic, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Espaillat
Ayes W/R (2): Carlucci, Stewart-Cousins
Nays (2): Krueger, Gianaris
Excused (1): Perkins

Memo

BILL NUMBER:S2450

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

PURPOSE: This bill would enable charter schools to serve more students with special needs, including English language learners and students with disabilities, by authorizing Boards of Cooperative Educational Services to contract with charter schools and authorizing charter schools to establish consortia to serve students at different locations.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1950(4)(h)(2) of the education law to authorize Boards of Cooperative Educational Services (BOCES) to contract directly with charter schools to provide services.

Section 2 of the bill amends section 2853(1)(b-1) of the education law by adding a new subparagraph (C) to authorize a charter school to provide programs and services to its students at a different location while being deemed to be operating at a single site.

Section 3 of the bill amends section 2853(4)(a) of the education law by clarifying that a charter school may provide special education programs and services by contracting with another charter school or a board of cooperative educational services either on site at the charter school or at another location.

Section 5 of the bill provides for an immediate effective date.

JUSTIFICATION: Charter schools have been encouraged to serve greater numbers of students who are English language learners and students with disabilities but have not been adequately equipped to provide such services. This bill would better enable charter schools to serve more such students by authorizing BOCES to contract with charter schools to better enable charter schools and by allowing charter schools to provide Programs and services at other locations.

Allowing a charter school to provide services at an alternative site, for example, a BOCES or other charter school, would allow for several charter schools to pool their resources and serve students with similar needs at the same location. This consortia approach, for example, would allow one charter school to provide a particular service and contract with other charter schools with students in need of that service, without having to re-enroll through a lottery.

Existing education law mandates that charter schools make "good faith efforts to attract and retain" students with disabilities and students who are English language learners. Existing law also requires charter schools to meet enrollment targets for these categories of students which are comparable to the school district or, in New York City, the community school district in which the charter school is located.

Currently, charter schools remain at a disadvantage in meeting enrollment targets for students with disabilities and who are English

language learners due to the fact that they do not operate their own committee on special education, their students are not mandated to enroll in the school and, if they choose to enroll, must do so through a random selection process.

Enactment of this bill will enable charter schools to attract and retain more students with disabilities or who are English language learners by contracting with BOCES to provide specialized services in a similar manner as it provides to district schools and by providing services to students from other charter schools through a contractual arrangement to establish a consortia. This latter arrangement also avoids the need and complication for students with similar disabilities to re-enroll in another chatter school providing the needed service and ensures a charter school remains within the statutory requirement to operate at a single site.

LEGISLATIVE HISTORY: 2012: Passed Senate; Assembly Education Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE LATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2450 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________
Introduced by Sen. FLANAGAN -- 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 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
(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.

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