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

                                  9563

                          I N  A S S E M B L Y

                             March 16, 2012
                               ___________

Introduced  by M. of A. GLICK, McENENY, ROSENTHAL, TITONE, CAHILL, COOK,
  JAFFEE, CRESPO -- Multi-Sponsored by -- M. of A.  BARRON,  BRAUNSTEIN,
  CASTRO, DUPREY, FINCH, GIBSON, MAGEE, MAISEL, MARKEY, MILLMAN, MONTES-
  ANO,  REILLY, ROBERTS, SWEENEY, ZEBROWSKI -- read once and referred to
  the Committee on Education

AN ACT to amend the education law,  in  relation  to  requiring  charter
  schools  to  meet  the same teacher evaluation standards as the public
  school district in which such charter school resides

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

  Section  1.  Subdivision  3  of  section  2854 of the education law is
amending by adding a new paragraph (a-4) to read as follows:
  (A-4) THE BOARD OF TRUSTEES OF A CHARTER SCHOOL  SHALL  USE  THE  SAME
TEACHER  EVALUATION  STANDARDS  AS  ESTABLISHED  IN  THE  PUBLIC  SCHOOL
DISTRICT IN WHICH SUCH CHARTER SCHOOL RESIDES.
  S 2. Paragraph (d) and (e) of subdivision 1 of  section  2855  of  the
education  law,  subdivision (d) as amended and subdivision (e) as added
by chapter 101 of the laws of 2010, are amended and a new paragraph  (f)
is added to read as follows:
  (d)  When  the public employment relations board makes a determination
that the charter school demonstrates a practice and pattern of egregious
and intentional violations of subdivision one  of  section  two  hundred
nine-a of the civil service law involving interference with or discrimi-
nation  against  employee  rights  under  article  fourteen of the civil
service law; [or]
  (e) Repeated failure to comply with the requirement to meet or  exceed
enrollment  and retention targets of students with disabilities, English
language learners, and students who are eligible applicants for the free
and reduced price lunch program pursuant to targets established  by  the
board of regents or the board of trustees of the state university of New
York,  as applicable. Provided, however, if no grounds for terminating a
charter are established pursuant to this section other than pursuant  to
this  paragraph,  and  the  charter school demonstrates that it has made
extensive  efforts  to  recruit  and  retain  such  students,  including

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

                                                           LBD14773-01-2

A. 9563                             2

outreach  to parents and families in the surrounding communities, widely
publicizing the lottery for such school,  and  efforts  to  academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter[.]; OR
  (F)  WHEN  A  CHARTER  SCHOOL FAILS TO DEMONSTRATE COMPLIANCE WITH THE
SAME TEACHER EVALUATION STANDARDS AS ESTABLISHED IN  THE  PUBLIC  SCHOOL
DISTRICT  IN  WHICH  SUCH CHARTER SCHOOL RESIDES, AS SUCH REQUIREMENT IS
SET  FORTH  IN  PARAGRAPH  (A-4)  OF  SUBDIVISION   THREE   OF   SECTION
TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.