Relates to charter schools; clarifies the transparency and accountability of charter schools and provides fiscal relief to the school districts where charter schools are located.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7257
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the education law, in relation to charter schools
PURPOSE OR GENERAL IDEA OF BILL:
To clarify the transparency and accountability of charter schools and
provide fiscal relief to the school districts where charter schools are
located.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 describes the legislative intent behind this law to increase
the transparency and accountability of charter schools and to provide
fiscal relief to local school districts.
Sections 2 Amends Paragraph 1 of Subdivision 1 of Section 2851 of the
education law to remove for profit operators from the law and limits
salaries of not for profit management companies to the comparable sala-
ries of the school district.
Section 3 Amends Paragraphs (d), (h), (a), and (v) of subdivision 2. of
section 2851 of the education law to require that charter schools up for
renewal include a plan on how they will ensure student enrollment
reflects local school district enrollment. Requires-charter schools to
show how they intend to provide services to students on longterm suspen-
sion or expulsion. Allows charter schools to provide instruction for 5
years before renewal of the charter. Requires the board to adopt a code
of ethics in compliance with the general municipal law.
Section 4 Amends Paragraph (a) of subdivision 4 of Section 2851 of the
education law to re-quire a charter school applying for renewal to
include disaggregated student performance data in the progress report.
Section 5 Amends Subdivision 2 of Section 2852 of the education law by
adding paragraphs (e) and (f) to, require the approval of the applica-
tion by the board of education.
Section 6 Amends Subdivision 5-b of Section 2852 of the education law to
require SUNY to provide an explanation why they are not making modifica-
tions in a charter suggested by the Regents and removes the automatic
approval of second submissions by SUNY.
Section 7 Amends Subdivision 7 of Section 2852 by adding a .new para-
graph (c) of the education law that requires charter entities to deny a
charter revision that would increase charter school enrollment above 5
percent of the enrollment of the School district where the charter
school is located and defines the school district of location as the
community school district for New York City.
Section 8 Amends Subdivision 10 of Section 2852 of the education law to
change the approval date from march 15 to January 15 in order for a
school to open the following September. This provision gives school
district more ability to plan in their budget process.
Section 9 Amends Subdivision 2 of Section 2853 of the education law to
require State Education Department to include chatter schools in any
review or audit of state test administration and scoring.
Section 10 Amends Paragraph (a) of Subdivision 3 of Section 2853 of the
education law to set limits on shared space when a school district is
not meeting class size targets.
Section 11 Amends Subdivision 3 of Section 2853 by adding Paragraphs (e)
and (f) of the education law to require charter school facility projects
to follow the prevailing wage statutes and to require schools to make
equitable improvements in shared facilities.
Section 12 Amends Paragraphs (c) and (e) of Subdivision 1 of Section
2854 of the education law to clarify that charter school boards must
have a code of ethics in conformance with the general municipal law and
that charter schools are subject to audits by the charter entity.
Section 13 Amends Subdivision 1 of Section 2854 of the education law by
adding Paragraph (g) to require charter schools to have a code of
ethics.
Section 14 Amends Subdivision 2 Section 2854 of the education law and
paragraphs (a) and (b) as amended by section 5 Part -D2 of chapter 57 of
laws of 2007 to require the charter school to develop a plan for enroll-
ing students with disabilities and limited English proficient students
at the same levels as the local school district. It requires Charter
schools to give a preference to students on free and reduced price
lunch, students with disabilities and students with limited English
proficiency when conducting a lottery. It requires charter schools to
provide a report to the chartering entity indicating the number students
leaving the school, why they left and when they left. It requires the
charter entity to ensure the random selection process of the lottery is
conducted properly.
Section 15 Amends Paragraphs (b-1), (c) and (c-1) of Subdivision 3 of
Section 2854 of the education law to clarify that charter schools
employees are members of the local-collective bargaining unit and that
charter school teachers are members of the retirement system.
Section 16 Amends Subdivision 1 of section 2855 of the education law to
clarify that a charter shall be revoked if a school would be subject, to
registration revocation and had not met AYP in the last three years. The
previous language only required growth rather than meeting AYP. It
allows for revocation when the school does not meet performance targets
contained in the charter and student demographics of the district of
location for 2 years.
Section 17 Amends Subdivision 1 of Section 2856 of the education law to
require the state to reimburse school districts for the local share of
charter school tuition in the June State aid payment. This provision
removes charter school funding from local school districts. School
districts already receive state aid for these students so the only
portion not paid by the state is the local share. We may have to phase
in this change due to the state fiscal crisis but I think this is a good
starting point. It leaves room for compromise. It also requires charter
schools to provide actual enrollment counts after the initial payment
each year.
Section 18 Amends Subdivisions 2 and 3 of Section 2857 of the education
law to require that Charter school annual reports he placed on school
district web sites. It requires the report to include disaggregated
student performance data and additional financial information. It
requires SED to do an annual report by December first of each year to
include information on best practices.
Section 19 Amends Paragraph (a) of. Subdivision 7 of Section 1608 of the
education law to require that school districts include charter school
payments in the property tax report card.
Section 20 Amends Paragraph (a) of Subdivision 7 of Section 1716 of the
education law to require school districts to include charter school
payments in the property tax report card.
Section 21 Amends Paragraph (t) of subdivision 1 of Section 3602 of the
education law to adjust the formula used to compute approved operating
expenses (A0E). When the state aid formula was revised in 2007-08, cate-
gorical grant programs were merged into a new Foundation Aid formula
which has had the unintended consequence of artificially inflating AOE.
Section 22 is the effective date.
JUSTIFICATION:
New York's charter school law was enacted 14 years ago in an effort to
create new learning opportunities for all students, to encourage differ-
ent and innovative teaching methods and to provide parents and students
with expanded choice within the public schools. Eleven years provides
the state with enough information to make judgments about changes that
are needed in the law to ensure the public knows how their tax dollars
are being spent and to ensure public schools serving the majority of
students have the resources needed to provide a quality education to all
students. This legislation will clarify the transparency and account-
ability of charter schools and provide fiscal relief to the school
districts where charter schools are located.
PRIOR LEGISLATIVE HISTORY:
2024 01/03/24 A3681 referred to education
2023 02/03/23 A3681 referred to education
2022 01/05/22 A3231 referred to education
2019-2020 A4124 referred to education
2017-2018 A781 referred to education
2015-2016 A1618 referred to education
2013-14 A3033 referred to education
2009/2010 A10040a referred to education
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately. Provided, however, that the
amendments to subdivision 1 of section 2856 of the education law, made
by section seventeen of this act shall not affect the expiration of 2
such subdivision and shall expire therewith.
STATE OF NEW YORK
________________________________________________________________________
7257
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to charter schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. New York's charter school law was
2 enacted 14 years ago in an effort to create new learning opportunities
3 for all students, to encourage different and innovative teaching methods
4 and to provide parents and students with expanded choice within the
5 public schools. Fourteen years provides the state with enough informa-
6 tion to make judgments about changes that are needed in the law to
7 ensure the public knows how their tax dollars are being spent and to
8 ensure public schools serving the majority of students have the
9 resources needed to provide a quality education to all students. This
10 legislation is intended to clarify the transparency and accountability
11 of charter schools and provide fiscal relief to the school districts
12 where charter schools are located.
13 § 2. Subdivision 1 of section 2851 of the education law, as amended by
14 chapter 101 of the laws of 2010, is amended to read as follows:
15 1. An application to establish a charter school may be submitted by
16 teachers, parents, school administrators, community residents or any
17 combination thereof. Such application may be filed in conjunction with
18 a college, university, museum, educational institution, not-for-profit
19 corporation exempt from taxation under paragraph 3 of subsection (c) of
20 section 501 of the internal revenue code [or for-profit business or
21 corporate entity authorized to do business in New York state. Provided
22 however, for-profit business or corporate entities shall not be eligible
23 to submit an application to establish a charter school pursuant to
24 subdivision nine-a of section twenty-eight hundred fifty-two of this
25 article, or operate or manage a charter school for a charter issued
26 pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10426-01-5
A. 7257 2
1 of this article. For charter schools established in conjunction with a
2 for-profit business or corporate entity, the charter shall specify the
3 extent of the entity's participation in the management and operation of
4 the school], and provided that under no circumstances shall an applica-
5 tion to establish a charter school or approval to operate a charter
6 school be granted to a for-profit business or corporate entity author-
7 ized to do business in this state nor in any manner whatsoever shall
8 they have an involvement in the management and operation of a charter
9 school. The application shall include the amount of any management fee
10 to be paid to any not-for-profit corporation working in conjunction with
11 the applicants. Salaries of the employees of such not-for-profit corpo-
12 ration may not exceed the salaries for comparable positions in the
13 school district of location.
14 § 3. Paragraphs (d), (h), (p) and (v) of subdivision 2 of section 2851
15 of the education law, paragraphs (d) and (h) as added by chapter 4 of
16 the laws of 1998 and paragraphs (p) and (v) as amended by chapter 101 of
17 the laws of 2010, are amended to read as follows:
18 (d) Admission policies and procedures for the school, which shall be
19 consistent with the requirements of subdivision two of section twenty-
20 eight hundred fifty-four of this article. For charter renewals, such
21 policies and procedures shall include plans for ensuring the student
22 enrollment of the charter school includes a comparable percentage of
23 students on free lunch, students with disabilities and English language
24 learners as the school district in which the charter school is located.
25 (h) The rules and procedures by which students may be disciplined,
26 including but not limited to expulsion or suspension from the school,
27 which shall be consistent with the requirements of due process and with
28 federal laws and regulations governing the placement of students with
29 disabilities. Such rules and procedures shall include the provision of
30 educational services to any student on long term suspension or expul-
31 sion.
32 (p) The term of the proposed charter, which shall not exceed five
33 years during which instruction is provided to pupils; provided however,
34 in the case of charters issued pursuant to subdivision nine-a of section
35 twenty-eight hundred fifty-two of this article the term of such proposed
36 charter shall not exceed five years in which instruction is provided to
37 pupils plus the period commencing with the effective date of the charter
38 and ending with the opening of the school for instruction.
39 (v) A code of ethics for the charter school, setting forth for the
40 guidance of its trustees, officers and employees the standards of
41 conduct expected of them including standards with respect to disclosure
42 of conflicts of interest regarding any matter brought before the board
43 of trustees. Such code of ethics shall be in compliance with section
44 eight hundred six of the general municipal law.
45 § 4. Paragraph (a) of subdivision 4 of section 2851 of the education
46 law, as added by chapter 4 of the laws of 1998, is amended to read as
47 follows:
48 (a) A report of the progress of the charter school in achieving the
49 educational objectives set forth in the charter. Such report shall
50 include disaggregated student performance data for all student
51 subgroups.
52 § 5. Paragraphs (d) and (e) of subdivision 2 of section 2852 of the
53 education law, as amended by section 4-a of part A of chapter 56 of the
54 laws of 2023, are amended and two new paragraphs (f) and (g) are added
55 to read as follows:
A. 7257 3
1 (d) in a school district where the total enrollment of resident
2 students attending charter schools in the base year is greater than five
3 percent of the total public school enrollment of the school district in
4 the base year [(i)] granting the application would have a significant
5 educational benefit to the students expected to attend the proposed
6 charter school [or (ii) the school district in which the charter school
7 will be located consents to such application]. For purposes of this
8 paragraph, in a city having a population of one million or more, the
9 school district shall be the community school district; [and]
10 (e) for applicants for an initial charter pursuant to paragraph (b-1)
11 of subdivision nine of this section in a school district located in a
12 city with a population of one million or more, the total enrollment of
13 students attending charter schools within the community district in
14 which the charter school will be located in the base year is less than
15 or equal to fifty-five percent of the total public school enrollment
16 attending within such community district in the base year[.];
17 (f) the application for the charter school is approved by the board of
18 education of the school district where the charter school is to be
19 located; and
20 (g) the charter entity shall not approve an application that would
21 have the effect of increasing the racial isolation of a school district.
22 § 6. Subdivision 5-b of section 2852 of the education law, as added by
23 chapter 4 of the laws of 1998, is amended to read as follows:
24 5-b. If the board of regents returns a proposed charter to the charter
25 entity pursuant to the provisions of subdivision five-a of this section,
26 such charter entity shall reconsider the proposed charter, taking into
27 consideration the comments and recommendation of the board of regents.
28 Thereafter, the charter entity shall resubmit the proposed charter to
29 the board of regents with modifications, provided that the applicant
30 consents in writing to such modifications, resubmit the proposed charter
31 to the board of regents without modifications with an explanation why
32 the modifications are not being made, or abandon the proposed charter.
33 The board of regents shall review each such resubmitted proposed charter
34 in accordance with the provisions of subdivision five-a of this
35 section[; provided, however, that it shall be the duty of the board of
36 regents to approve and issue a proposed charter resubmitted by the char-
37 ter entity described in paragraph (b) of subdivision three of section
38 twenty-eight hundred fifty-one of this article within thirty days of the
39 resubmission of such proposed charter or such proposed charter shall be
40 deemed approved and issued at the expiration of such period].
41 § 7. Subdivision 7 of section 2852 of the education law is amended by
42 adding a new paragraph (c) to read as follows:
43 (c) When a revision of a charter involves an increase in enrollment
44 which brings total enrollment in charter schools in the school district
45 of location above five percent the revision shall be denied unless the
46 school district of location approves the revision or the residents of
47 the school district approve the revision through a referendum of the
48 eligible voters to be held in conjunction with the annual budget vote.
49 For purposes of this paragraph in a city having a population of one
50 million or more the school district of location shall be the community
51 school district where the charter school is located.
52 § 8. Subdivision 10 of section 2852 of the education law, as added by
53 section 3 of part D-2 of chapter 57 of the laws of 2007, is amended to
54 read as follows:
55 10. Except in the case of a charter school formed by a school district
56 as a charter entity pursuant to paragraph (a) of subdivision three of
A. 7257 4
1 section twenty-eight hundred fifty-one of this article, a charter school
2 formed by approval of the regents or by operation of law on or after
3 [March] January fifteenth in any school year shall not commence instruc-
4 tion until July of the second school year next following.
5 § 9. Subdivision 2 of section 2853 of the education law, as added by
6 chapter 4 of the laws of 1998, is amended to read as follows:
7 2. The board of regents and charter entity shall oversee each school
8 approved by such entity, and may visit, examine into and inspect any
9 charter school, including the records of such school, under its over-
10 sight. Oversight by a charter entity and the board of regents shall be
11 sufficient to ensure that the charter school is in compliance with all
12 applicable laws, regulations and charter provisions. The department
13 shall include charter schools in any review or audit of state assessment
14 administration or scoring.
15 § 10. Paragraph (a) of subdivision 3 of section 2853 of the education
16 law, as amended by chapter 101 of the laws of 2010, is amended to read
17 as follows:
18 (a) A charter school may be located in part of an existing public
19 school building, in space provided on a private work site, in a public
20 building or in any other suitable location, provided, however, a charter
21 school shall not be located in any part of an existing school building
22 when such sharing would impact the public school's ability to meet the
23 class size targets established pursuant to section two hundred eleven-d
24 of this chapter. Provided, however, before a charter school may be
25 located in part of an existing public school building, the charter enti-
26 ty shall provide notice to the parents or guardians of the students then
27 enrolled in the existing school building and shall hold a public hearing
28 for purposes of discussing the location of the charter school. A charter
29 school may own, lease or rent its space.
30 § 11. Subdivision 3 of section 2853 of the education law is amended by
31 adding two new paragraphs (f) and (g) to read as follows:
32 (f) Notwithstanding any law to the contrary, any capital facility, or
33 other improvements made in public school buildings or equipment with a
34 period of probable usefulness of five or more years, with public or
35 private funds, to accommodate charter schools, shall require matching or
36 comparable improvements be made for other district schools located in
37 the same building.
38 (g) Notwithstanding any law to the contrary, any construction or capi-
39 tal improvement made in accordance with this article shall be made in
40 accordance with and subject to the provisions of articles eight and nine
41 of the labor law.
42 § 12. Paragraphs (c) and (e) of subdivision 1 of section 2854 of the
43 education law, paragraph (c) as amended by section 10-b of part A of
44 chapter 56 of the laws of 2014 and paragraph (e) as added by chapter 4
45 of the laws of 1998, are amended to read as follows:
46 (c) A charter school shall be subject to the financial audits, the
47 audit procedures, and the audit requirements set forth in the charter,
48 and [shall] may be subject to audits of the comptroller of the city
49 school district of the city of New York for charter schools located in
50 New York city, [and] to the audits of the comptroller of the state of
51 New York for charter schools located in the rest of the state, [at his
52 or her discretion] or the charter entity, with respect to the school's
53 financial operations. Such procedures and standards shall be consistent
54 with generally accepted accounting and audit standards. Independent
55 fiscal audits shall be required at least once annually.
A. 7257 5
1 (e) A charter school shall be subject to the provisions of articles
2 six and seven of the public officers law in the same manner as public
3 school districts.
4 § 13. Subdivision 1 of section 2854 of the education law is amended by
5 adding a new paragraph (g) to read as follows:
6 (g) A charter school shall be subject to the provisions of section
7 eight hundred six of the general municipal law.
8 § 14. Subdivision 2 of section 2854 of the education law, as added by
9 chapter 4 of the laws of 1998, paragraph (a) as amended by chapter 101
10 of the laws of 2010, and paragraph (b) as amended by section 3 of
11 subpart A of part B of chapter 20 of the laws of 2015, is amended to
12 read as follows:
13 2. Admissions; enrollment; students. (a) A charter school shall be
14 nonsectarian in its programs, admission policies, employment practices,
15 and all other operations and shall not charge tuition or fees; provided
16 that a charter school may require the payment of fees on the same basis
17 and to the same extent as other public schools. A charter school shall
18 not discriminate against any student, employee or any other person on
19 the basis of ethnicity, national origin, gender, or disability or any
20 other ground that would be unlawful if done by a school. Admission of
21 students shall not be limited on the basis of intellectual ability,
22 measures of achievement or aptitude, athletic ability, disability, race,
23 creed, gender, national origin, religion, or ancestry; provided, howev-
24 er, that nothing in this article shall be construed to prevent the
25 establishment of a single-sex charter school or a charter school
26 designed to provide expanded learning opportunities for students at-risk
27 of academic failure or students with disabilities and English language
28 learners; and provided, further, that the charter school shall [demon-
29 strate good faith efforts to] attract and retain a comparable or greater
30 enrollment of students with disabilities, English language learners, and
31 students who are eligible applicants for the free and reduced price
32 lunch program when compared to the enrollment figures for such students
33 in the school district in which the charter school is located. If a
34 charter school is not successful in attracting a comparable or greater
35 enrollment of students with disabilities and limited English proficient
36 students as compared to the enrollment figures for such students in the
37 school district in which the charter school is located such charter
38 school shall provide the chartering entity with a plan for improving the
39 enrollment of such students in the following year. Failure to comply
40 with this requirement for two consecutive years shall be subject to
41 revocation in accordance with subdivision one of section twenty-eight
42 hundred fifty-five of this article. A charter shall not be issued to any
43 school that would be wholly or in part under the control or direction of
44 any religious denomination, or in which any denominational tenet or
45 doctrine would be taught.
46 (b) Any child who is qualified under the laws of this state for admis-
47 sion to a public school is qualified for admission to a charter school.
48 Applications for admission to a charter school shall be submitted on a
49 uniform application form created by the department and shall be made
50 available by a charter school in languages predominately spoken in the
51 community in which such charter school is located. The school shall
52 enroll each eligible student who submits a timely application by the
53 first day of April each year, unless the number of applications exceeds
54 the capacity of the grade level or building. In such cases, students
55 shall be accepted from among applicants by a random selection process,
56 provided, however, that an enrollment preference shall be provided to
A. 7257 6
1 pupils when the charter school is located within one mile of the pupils'
2 residence, pupils returning to the charter school in the second or any
3 subsequent year of operation and pupils residing in the school district
4 in which the charter school is located, and siblings of pupils already
5 enrolled in the charter school and students on free lunch, and students
6 with disabilities, and students with limited English proficiency. Pref-
7 erence may also be provided to children of employees of the charter
8 school or charter management organization, provided that such children
9 of employees may constitute no more than fifteen percent of the charter
10 school's total enrollment. The commissioner shall establish regulations
11 to require that the random selection process conducted pursuant to this
12 paragraph be performed in a transparent and equitable manner and to
13 require that the time and place of the random selection process be
14 publicized in a manner consistent with the requirements of section one
15 hundred four of the public officers law and be open to the public. For
16 the purposes of this paragraph and paragraph (a) of this subdivision,
17 the school district in which the charter school is located shall mean,
18 for the city school district of the city of New York, the community
19 district in which the charter school is located. The charter entity is
20 responsible for ensuring the selection process is conducted in accord-
21 ance with this paragraph. If the charter entity determines the process
22 is not in compliance with this paragraph, the charter entity shall
23 conduct the process.
24 (c) A charter school shall serve one or more of the grades one through
25 twelve, and shall limit admission to pupils within the grade levels
26 served. Nothing herein shall prohibit a charter school from establishing
27 a kindergarten program.
28 (d) A student may withdraw from a charter school at any time and
29 enroll in a public school. A charter school must provide a report to the
30 chartering entity each year indicating the number of students leaving
31 the charter school, the months in which the students leave the school,
32 the reason the students leave the school and the school the student is
33 currently attending. A charter school may refuse admission to any
34 student who has been expelled or suspended from a public school until
35 the period of suspension or expulsion from the public school has
36 expired, consistent with the requirements of due process.
37 § 15. Paragraphs (b-1), (c) and (c-1) of subdivision 3 of section 2854
38 of the education law, paragraph (b-1) as amended by section 6 of part
39 D-2 of chapter 57 of the laws of 2007, and paragraphs (c) and (c-1) as
40 added by chapter 4 of the laws of 1998, are amended to read as follows:
41 (b-1) The employees of a charter school [that is not a conversion from
42 an existing public school] shall [not] be deemed members of [any] the
43 existing collective bargaining unit representing employees of the school
44 district in which the charter school is located, and the charter school
45 and its employees shall [not] be subject to any existing collective
46 bargaining agreement between the school district and its employees.
47 [Provided, however, that (i) if the student enrollment of the charter
48 school on the first day on which the charter school commences student
49 instruction exceeds two hundred fifty or if the average daily student
50 enrollment of such school exceeds two hundred fifty students at any
51 point during the first two years after the charter school commences
52 student instruction, all employees of the school who are eligible for
53 representation under article fourteen of the civil service law shall be
54 deemed to be represented in a separate negotiating unit at the charter
55 school by the same employee organization, if any, that represents like
56 employees in the school district in which such charter school is
A. 7257 7
1 located; (ii) the provisions of subparagraph (i) of this paragraph may
2 be waived in up to ten charters issued on the recommendation of the
3 charter entity set forth in paragraph (b) of subdivision three of
4 section twenty-eight hundred fifty-one of this article; (iii) the
5 provisions of subparagraph (i) of this paragraph shall not be applicable
6 to the renewal or extension of a charter; and (iv) nothing in this
7 sentence shall be construed to subject a charter school subject to the
8 provisions of this paragraph or its employees to any collective bargain-
9 ing agreement between any public school district and its employees or to
10 make the employees of such charter school part of any negotiating unit
11 at such school district. The charter school may, in its sole discretion,
12 choose whether or not to offer the terms of any existing collective
13 bargaining to school employees.] Provided, however, that a majority of
14 the members of a negotiating unit within a charter school may modify, in
15 writing, a collective bargaining agreement for the purposes of employ-
16 ment in the charter school with the approval of the board of trustees of
17 the charter school.
18 (c) The employees of the charter school [may] shall be deemed employ-
19 ees of the local school district for the purpose of providing retirement
20 benefits, including membership in the teachers' retirement system and
21 other retirement systems open to employees of public schools. The finan-
22 cial contributions for such benefits shall be the responsibility of the
23 charter school and the school's employees. The commissioner, in consul-
24 tation with the comptroller, shall develop regulations to implement the
25 provisions of this paragraph in a manner that allows charter schools to
26 provide retirement benefits to its employees in the same manner as other
27 public school employees.
28 (c-1) Reasonable access. (i) If employees of the charter school are
29 not represented, any charter school chartered pursuant to this article
30 must afford reasonable access to any employee organization during the
31 reasonable proximate period before any representation question is raised
32 in the same manner as any public employer; or
33 (ii) If the employee organization is a challenging organization,
34 reasonable access must be provided to any organization seeking to repre-
35 sent employees beginning with a date reasonably proximate to a challenge
36 period. Reasonableness is defined, at a minimum, as access equal to that
37 provided to the incumbent organization.
38 § 16. Subdivision 1 of section 2855 of the education law, as amended
39 by chapter 101 of the laws of 2010, is amended to read as follows:
40 1. The charter entity, or the board of regents, [may] shall terminate
41 a charter upon any of the following grounds:
42 (a) When a charter school's outcome on student assessment measures
43 adopted by the board of regents falls below the level that would allow
44 the commissioner to revoke the registration of another public school,
45 and student achievement on such measures [has not shown improvement] has
46 not met annual yearly progress over the preceding three school years;
47 (b) Serious violations of law;
48 (c) Material and substantial violation of the charter, including
49 fiscal mismanagement and failure to meet student performance targets;
50 (d) When the public employment relations board makes a determination
51 that the charter school demonstrates a practice and pattern of egregious
52 and intentional violations of subdivision one of section two hundred
53 nine-a of the civil service law involving interference with or discrimi-
54 nation against employee rights under article fourteen of the civil
55 service law; [or]
A. 7257 8
1 (e) Repeated failure to comply with the requirement to meet or exceed
2 enrollment and retention targets of students with disabilities, English
3 language learners, and students who are eligible applicants for the free
4 and reduced price lunch program pursuant to targets established by the
5 board of regents or the board of trustees of the state university of New
6 York, as applicable. Provided, however, if no grounds for terminating a
7 charter are established pursuant to this section other than pursuant to
8 this paragraph, and the charter school demonstrates that it has made
9 extensive efforts to recruit and retain such students, including
10 outreach to parents and families in the surrounding communities, widely
11 publicizing the lottery for such school, and efforts to academically
12 support such students in such charter school, then the charter entity or
13 board of regents may retain such charter[.]; or
14 (f) Failure to enroll a comparable percentage of students qualifying
15 for free lunch, students with disabilities and English language learners
16 for two consecutive years.
17 § 17. Paragraph (b) of subdivision 1 of section 2856 of the education
18 law, as amended by section 4 of part YYY of chapter 59 of the laws of
19 2017, is amended and a new paragraph (a-1) is added to read as follows:
20 (a-1) For the two thousand twenty-five--two thousand twenty-six school
21 year and each school year thereafter the state shall reimburse school
22 districts for the local share of the charter school tuition payment of
23 any students attending a charter school in the June payment required by
24 section three thousand six hundred nine-a of this chapter. Such local
25 share shall be calculated by deducting from the charter school tuition
26 payment the per pupil foundation aid amount attributable to such pupil.
27 (b) The school district shall also pay directly to the charter school
28 any federal or state aid attributable to a student with a disability
29 attending charter school in proportion to the level of services for such
30 student with a disability that the charter school provides directly or
31 indirectly. Notwithstanding anything in this section to the contrary,
32 amounts payable pursuant to this subdivision from state or local funds
33 may be reduced pursuant to an agreement between the school and the char-
34 ter entity set forth in the charter. Payments made pursuant to this
35 subdivision shall be made by the school district in six substantially
36 equal installments each year beginning on the first business day of July
37 and every two months thereafter. Amounts payable under this subdivision
38 shall be determined by the commissioner. Amounts payable to a charter
39 school in its first year of operation shall be based on the projections
40 of initial-year enrollment set forth in the charter until actual enroll-
41 ment data is reported to the school district by the charter school. Such
42 actual enrollment shall be reported to the school district prior to each
43 payment following the initial July payment which shall be based on
44 projected enrollment. Such projections shall be reconciled with the
45 actual enrollment as actual enrollment data is so reported and at the
46 end of the school's first year of operation and each subsequent year
47 based on a final report of actual enrollment by the charter school, and
48 any necessary adjustments resulting from such final report shall be made
49 to payments during the school's following year of operation.
50 § 18. Subdivisions 2 and 3 of section 2857 of the education law,
51 subdivision 2 as amended and paragraph (a-1) of subdivision 3 as added
52 by chapter 101 of the laws of 2010 and subdivision 3 as amended by
53 section 7 of part D-2 of chapter 57 of the laws of 2007, are amended to
54 read as follows:
55 2. Each charter school shall submit to the charter entity and to the
56 board of regents an annual report. Such report shall be issued no later
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1 than the first day of August of each year for the preceding school year
2 and provided to the school district where the charter school is located
3 for display on the school district website, and shall be made publicly
4 available by such date and shall be posted on the charter school's
5 website. The annual report shall be in such form as shall be prescribed
6 by the commissioner and shall include at least the following components:
7 (a) a charter school report card, which shall include measures of the
8 comparative academic and fiscal performance of the school, as prescribed
9 by the commissioner in regulations adopted for such purpose. Such meas-
10 ures shall include, but not be limited to, graduation rates, dropout
11 rates, performance of students on standardized tests disaggregated for
12 sub-groups, college entry rates, total spending per pupil and adminis-
13 trative spending per pupil. Such measures shall be presented in a
14 format that is easily comparable to similar public schools. In addition,
15 the charter school shall ensure that such information is easily accessi-
16 ble to the community including making it publicly available by transmit-
17 ting it to local newspapers of general circulation and making it avail-
18 able for distribution at board of trustee meetings.
19 (b) discussion of the progress made towards achievement of the goals
20 set forth in the charter.
21 (c) a certified financial statement setting forth, by appropriate
22 categories, the revenues from all sources and expenditures including the
23 salary of the school leader and any other salaries in excess of the
24 reporting requirements for public school districts contained in section
25 sixteen hundred eight of this title and contracts with consultants and
26 vendors for the preceding school year, including a copy of the most
27 recent independent fiscal audit of the school and any audit conducted by
28 the comptroller of the state of New York.
29 (d) efforts taken by the charter school in the existing school year,
30 and a plan for efforts to be taken in the succeeding school year, to
31 meet or exceed enrollment and retention targets set by the board of
32 regents or the board of trustees of the state university of New York, as
33 applicable, of students with disabilities, English language learners,
34 and students who are eligible applicants for the free and reduced price
35 lunch program established pursuant to paragraph (e) of subdivision four
36 of section twenty-eight hundred fifty-one of this article.
37 3. The board of regents shall report annually by December first to the
38 governor, the temporary president of the senate, and the speaker of the
39 assembly and the public the following information:
40 (a) The number, distribution, and a brief description of new charter
41 schools established during the preceding year;
42 (a-1) A list including the number of charter schools closed during the
43 preceding year, and a brief description of the reasons therefor includ-
44 ing, but not limited to, non-renewal of the charter or revocation of the
45 charter;
46 (b) The department's assessment of the current and projected program-
47 matic and fiscal impact of charter schools on the delivery of services
48 by school districts;
49 (c) The academic progress of students attending charter schools, as
50 measured against comparable public and nonpublic schools with similar
51 student population characteristics [wherever practicable];
52 (d) A list of all actions taken by a charter entity on charter appli-
53 cation and the rationale for the renewal or revocation of any charters;
54 and
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1 (e) Any other information regarding charter schools that the board of
2 regents deems necessary including information on best practices of char-
3 ter schools that improve student performance.
4 The format for this annual report shall be developed in consultation
5 with representatives of school districts and charter school officials.
6 § 19. Subparagraph (v) of paragraph a of subdivision 7 of section 1608
7 of the education law, as amended by chapter 514 of the laws of 2016, is
8 amended and a new subparagraph (vi) is added to read as follows:
9 (v) the projected amount of the unappropriated unreserved fund balance
10 that will be retained if the proposed budget is adopted, the projected
11 amount of the reserved fund balance, the projected amount of the appro-
12 priated fund balance, the percentage of the proposed budget that the
13 unappropriated unreserved fund balance represents, the actual unappro-
14 priated unreserved fund balance retained in the school district budget
15 for the preceding school year, and the percentage of the school district
16 budget for the preceding school year that the actual unappropriated
17 unreserved fund balance represents, and a schedule of reserve funds,
18 setting forth the name of each reserve fund, a description of its
19 purpose, the balance as of the close of the third quarter of the current
20 school district fiscal year and a brief statement explaining any plans
21 for the use of each such reserve fund for the ensuing fiscal year[.];
22 and
23 (vi) the projected amount of payments to be made to charter schools in
24 the next school year.
25 § 20. Subparagraph (v) of paragraph a of subdivision 7 of section 1716
26 of the education law, as amended by chapter 514 of the laws of 2016, is
27 amended and a new subparagraph (vi) is added to read as follows:
28 (v) the projected amount of the unappropriated unreserved fund balance
29 that will be retained if the proposed budget is adopted, the projected
30 amount of the reserved fund balance, the projected amount of the appro-
31 priated fund balance, the percentage of the proposed budget that the
32 unappropriated unreserved fund balance represents, the actual unappro-
33 priated unreserved fund balance retained in the school district budget
34 for the preceding school year, a schedule of reserve funds, setting
35 forth the name of each reserve fund, a description of its purpose, the
36 balance as of the close of the third quarter of the current school
37 district fiscal year and a brief statement explaining any plans for the
38 use of each such reserve fund for the ensuing fiscal year and the
39 percentage of the school district budget for the preceding school year
40 that the actual unappropriated unreserved fund balance represents[.];
41 and (vi) the projected amount of payments to be made to charter schools
42 in the next school year.
43 § 21. Paragraph t of subdivision 1 of section 3602 of the education
44 law is amended by adding a new closing paragraph to read as follows:
45 Notwithstanding any other provisions of law to the contrary, in
46 computing approved operating expense pursuant to this paragraph for city
47 school districts of those cities having a population in excess of one
48 hundred twenty-five thousand but less than one million; an amount equal
49 to (i) the amount computed for the school district for the two thousand
50 six--two thousand seven school year pursuant to former subdivision thir-
51 ty-seven of this section as this section existed on June thirtieth, two
52 thousand seven, (ii) the state funds which such district received in the
53 two thousand six--two thousand seven school year for magnet school
54 grants to public schools, and (iii) the state funds which such district
55 received in the two thousand six--two thousand seven school year for
56 teacher support, shall be accounted for in the same way as state funds
A. 7257 11
1 received for such purpose in the two thousand six--two thousand seven
2 school year.
3 § 22. This act shall take effect immediately; provided, however, that
4 the amendments to subdivision 1 of section 2856 of the education law
5 made by section seventeen of this act shall not affect the expiration of
6 such subdivision and shall expire therewith.
