Bill S2450A-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 10, 2014: referred to education
  • Jun 10, 2014: DELIVERED TO ASSEMBLY
  • Jun 10, 2014: PASSED SENATE
  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 20, 2014: 1ST REPORT CAL.836
  • Feb 27, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jun 21, 2013: RECOMMITTED TO RULES
  • Jun 13, 2013: AMENDED ON THIRD READING (T) 2450A
  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Feb 4, 2014
Ayes (13): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Martins, Montgomery
Ayes W/R (2): Breslin, Tkaczyk
Nays (3): Latimer, Addabbo, Stavisky
VOTE: COMMITTEE VOTE: - Education - Feb 27, 2014
Ayes (13): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Martins, Montgomery
Ayes W/R (2): Breslin, Tkaczyk
Nays (3): Latimer, Addabbo, Stavisky

Memo

BILL NUMBER:S2450A

TITLE OF BILL: An act to amend the education law, in relation to charter schools providing special education and English Language Learner 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 amends 2853(1)(b) provides the authority for charter schools to provide special education and English Language Learner services to students enrolled at charter schools operated by other charter school education corporations.

Section 3 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 4 of the bill amends section 2853(4)(a) of the education law, as amended by chapter 378 of the laws of 2007 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. This section further clarifies that such services shall not be BOCES aidable.

Section 4-a of the bill amends section 2853(4)(a) of the education law, as amended by chapter 378 of the laws of 2007 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. This section further clarifies that such services shall not be BOCES aidable.

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. Today when a student is enrolled in a charter school through the lottery process, but the charter school cannot implement the student's individual education plan because of a lack of resources, the student is typically returned to the public school. The disruption of educational services can be detrimental to the student and is directly contrary to the wishes of the parent to enroll their child in a charter school. This bill will allow charter schools to appropriately serve students with disabilities.

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 charter 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 (S.7122 of 2012)

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2450--A Cal. No. 1317 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 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged and said bill committed to the Commit- tee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to charter schools providing special education and English Language Learner 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 TITLE, or public agency in relation to the program of the board of coop- erative educational services, and any such school district, community 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. Paragraph (b) of subdivision 1 of section 2853 of the education law, as added by chapter 4 of the laws of 1988, is amended to read as follows: (b) An education corporation organized to operate a charter school shall have all corporate powers necessary and desirable for carrying out a charter school program in accordance with the provisions of this arti- cle, other applicable laws and regulations and the terms of the charter,
including all of the powers of an education corporation formed to oper- ate an elementary or secondary school and those powers granted under the provisions of the not-for-profit corporation law that are made applica- ble to charter schools by section two hundred sixteen-a of this chapter. THESE POWERS SHALL ALSO INCLUDE THE ABILITY TO PROVIDE SPECIAL EDUCATION AND ENGLISH LANGUAGE LEARNER PROGRAMS AND SERVICES TO STUDENTS ENROLLED AT CHARTER SCHOOLS OPERATED BY OTHER CHARTER SCHOOL EDUCATION CORPO- RATIONS. The powers of the trustees of the charter school shall include those powers specified in section two hundred twenty-six of this chap- ter. S 3. Paragraph (b-1) of subdivision 1 of section 2853 of the education law is amended by adding a new subparagraph (C) to read as follows: (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 4. 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. CHARTER SCHOOLS SHALL NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. A CHARTER SCHOOL MAY PROVIDE THESE PROGRAMS AND SERVICES, OR PROGRAMS AND SERVICES FOR STUDENTS WHO ARE IDENTIFIED AS 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-a. 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. CHARTER SCHOOLS SHALL NOT BE ELIGIBLE FOR AID
PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. A CHARTER SCHOOL MAY PROVIDE THESE PROGRAMS AND SERVICES, OR PROGRAMS AND SERVICES FOR STUDENTS WHO ARE IDENTIFIED AS ENGLISH LANGUAGE LEARNERS, ON SITE OR ARRANGE TO HAVE SUCH SERVICES PROVIDED AT ANOTHER SITE. S 5. This act shall take effect immediately; provided, however, that the amendments to paragraph (a) of subdivision 4 of section 2853 of the education law made by section four of this act shall not affect the expiration and reversion of such paragraph and shall expire and be deemed repealed therewith, when upon such date the provisions of section four-a of this act shall take effect.

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