S2874-2013 Actions

• Jan 24, 2013: REFERRED TO EDUCATION

S2874-2013 Memo

BILL NUMBER:S2874

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

PURPOSE:  To allow students from charter schools serving middle school
students to attend high school charter schools overseen by the same
charter school board. This would be accomplished by allowing charters
schools operated by the same board to merge and offer the same grade at
multiple locations. Each school would still count toward the cap of 200
schools.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 2853(1) of the Education Law to
authorize a charter school to house a single grade at more than one
site, with each additional site counted toward the existing cap of 200
charter schools. This language maintains the single site provision in
existing law for charter schools with more than one location so long as
each grade is provided instruction respectively at the same site.

Section 1 also specifies that if a charter school whose employees belong
to a collective bargaining organization merges with a charter school
whose employees are not members of a collective bargaining organization,
the employees in both schools are considered to be members of a collec-
tive bargaining unit that represented like positions.

JUSTIFICATION:  Authorizing a charter school to house a grade at more
than one site, subject to the approval of a charter authorizer, will
enable replication of successful charter schools and expand opportu-
nities for parents to send their children to proven educational models,
especially for high school grades. This is critical to encourage more
charter high school opportunities for students, which generally have
higher operating costs, particularly those students in similar programs
ending at the middle school level. It is important to note that a char-
ter school housing a single grade at more than one site, as provided by
this bill, would count each additional site toward the exiting cap of
200 charters issued.

LEGISLATIVE HISTORY:

S.6266 of 2009-10: Referred to Education S.3961 of 2009-10: Referred to
Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  On the ninetieth day after it shall have become a law

S2874-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2874

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 24, 2013
                                 ___________

  Introduced  by  Sen.  SMITH  -- 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 the housing of  grades
    at charter schools

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (b-1) of subdivision 1 of  section  2853  of  the
  education law, as amended by chapter 101 of the laws of 2010, is amended
  to read as follows:

    (b-1)  An  education  corporation  operating a charter school shall be
  authorized to operate more than one school or house any  grade  at  more
  than  one  site,  provided  that  a charter must be issued for each such
  additional school or site in accordance with the  requirements  for  the
  issuance  of a charter pursuant to this article and that each such addi-
  tional school or site shall count as a charter issued pursuant to subdi-
  vision nine of section twenty eight hundred fifty-two of this article [;
  and provided further that:
    (A) a]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  APPROVAL
  OF  REVISIONS  TO A CHARTER OR CHARTERS TO AUTHORIZE AN EDUCATION CORPO-
  RATION TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE, INCLUDING THE
  MERGER OR CONSOLIDATION OF  EXISTING  EDUCATION  CORPORATIONS  OPERATING
  CHARTER  SCHOOLS  TO  A  SINGLE  EDUCATION CORPORATION, SHALL BE MADE IN
  ACCORDANCE  WITH  PARAGRAPH  (A)  OF  SUBDIVISION   SEVEN   OF   SECTION
  TWENTY-EIGHT  HUNDRED  FIFTY-TWO  OF  THIS  ARTICLE. UPON SUCH MERGER OR
  CONSOLIDATION, THE SURVIVING OR CONSOLIDATED EDUCATION CORPORATION, PLUS
  ANY SUCH ADDITIONAL SITES, SHALL EACH BE COUNTED AS A CHARTER ISSUED FOR
  THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-
  TWO  OF  THIS ARTICLE. IF A CHARTER SCHOOL HAS EMPLOYEES WHO ARE MEMBERS
  OF A COLLECTIVE BARGAINING ORGANIZATION PURSUANT TO ARTICLE FOURTEEN  OF
  THE  CIVIL SERVICE LAW THAT MERGES OR CONSOLIDATES WITH A CHARTER SCHOOL
  WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07225-01-3

 S. 2874                             2

  EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE  MEMBERS
  OF  THE  COLLECTIVE  BARGAINING ORGANIZATION THAT REPRESENTED LIKE POSI-
  TIONS, IF ANY, PRIOR TO THE MERGER OR CONSOLIDATION.  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 A CHARTER SCHOOL  OPERATING  AT  MORE
  THAN  ONE  SITE  BUT  WHICH  HOUSES EACH GRADE AT A SINGLE SITE SHALL BE
  DEEMED TO BE OPERATING AT A SINGLE SITE.
    S 2. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.