Bill S3961-2011

Relates to the housing of grades at charter schools

Relates to the housing of grades at charter schools.






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 collective 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 opportunities 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 charter 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


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


STATE OF NEW YORK ________________________________________________________________________ 3961 2011-2012 Regular Sessions IN SENATE March 10, 2011 ___________
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,
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.


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