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:
1 Section 1. Subparagraph 2 of paragraph h of subdivision 4 of section
2 1950 of the education law, as amended by chapter 422 of the laws of
3 2012, is amended to read as follows:
4 (2) To enter into contracts with the United States of America, the
5 State of New York, any school district, community college, public insti-
6 tution of higher education, independent institution of higher education
7 eligible for aid under section sixty-four hundred one of this chapter,
8 public libraries, charter school authorized by article fifty-six of this
9 title, or public agency in relation to the program of the board of coop-
10 erative educational services, and any such school district, community
11 college, institution of higher education, charter school, or public
12 agency is hereby authorized and empowered to do and perform any and all
13 acts necessary or convenient in relation to the performance of any such
14 contracts.
15 § 2. Paragraph (b) of subdivision 1 of section 2853 of the education
16 law, as added by chapter 4 of the laws of 1988, is amended to read as
17 follows:
18 (b) An education corporation organized to operate a charter school
19 shall have all corporate powers necessary and desirable for carrying out
20 a charter school program in accordance with the provisions of this arti-
21 cle, other applicable laws and regulations and the terms of the charter,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06239-04-3
S. 2450--A 2
1 including all of the powers of an education corporation formed to oper-
2 ate an elementary or secondary school and those powers granted under the
3 provisions of the not-for-profit corporation law that are made applica-
4 ble to charter schools by section two hundred sixteen-a of this chapter.
5 These powers shall also include the ability to provide special education
6 and English Language Learner programs and services to students enrolled
7 at charter schools operated by other charter school education corpo-
8 rations. The powers of the trustees of the charter school shall include
9 those powers specified in section two hundred twenty-six of this chap-
10 ter.
11 § 3. Paragraph (b-1) of subdivision 1 of section 2853 of the education
12 law is amended by adding a new subparagraph (C) to read as follows:
13 (C) a charter school that provides programs and services to its
14 students at different locations pursuant to paragraph (a) of subdivision
15 four of this section shall be deemed to be operating at a single site.
16 § 4. Paragraph (a) of subdivision 4 of section 2853 of the education
17 law, as amended by chapter 378 of the laws of 2007, is amended to read
18 as follows:
19 (a) For purposes of sections seven hundred one, seven hundred eleven,
20 seven hundred fifty-one and nine hundred twelve of this chapter, a char-
21 ter school shall be deemed a nonpublic school in the school district
22 within which the charter school is located. Special education programs
23 and services shall be provided to students with a disability attending a
24 charter school in accordance with the individualized education program
25 recommended by the committee or subcommittee on special education of the
26 student's school district of residence. The charter school may arrange
27 to have such services provided by such school district of residence or
28 by the charter school directly or by contract with another provider,
29 which may include another charter school or a board of cooperative
30 educational services. Charter schools shall not be eligible for aid
31 pursuant to subdivision five of section nineteen hundred fifty of this
32 title. A charter school may provide these programs and services, or
33 programs and services for students who are identified as English
34 Language Learners, on site or arrange to have such services provided at
35 another site. Where the charter school arranges to have the school
36 district of residence provide such special education programs or
37 services, such school district shall provide services in the same manner
38 as it serves students with disabilities in other public schools in the
39 school district, including the provision of supplementary and related
40 services on site to the same extent to which it has a policy or practice
41 of providing such services on the site of such other public schools.
42 § 4-a. Paragraph (a) of subdivision 4 of section 2853 of the education
43 law, as added by chapter 4 of the laws of 1998, is amended to read as
44 follows:
45 (a) For purposes of sections seven hundred one, seven hundred eleven,
46 seven hundred fifty-one and nine hundred twelve of this chapter, a char-
47 ter school shall be deemed a nonpublic school in the school district
48 within which the charter school is located. Special education programs
49 and services shall be provided to students with a disability attending a
50 charter school in accordance with the individualized education program
51 recommended by the committee or subcommittee on special education of the
52 student's school district of residence. The charter school may arrange
53 to have such services provided by such school district of residence or
54 by the charter school directly or by contract with another provider,
55 which may include another charter school or a board of cooperative
56 educational services. Charter schools shall not be eligible for aid
S. 2450--A 3
1 pursuant to subdivision five of section nineteen hundred fifty of this
2 title. A charter school may provide these programs and services, or
3 programs and services for students who are identified as English
4 Language Learners, on site or arrange to have such services provided at
5 another site.
6 § 5. This act shall take effect immediately; provided, however, that
7 the amendments to paragraph (a) of subdivision 4 of section 2853 of the
8 education law made by section four of this act shall not affect the
9 expiration and reversion of such paragraph and shall expire and be
10 deemed repealed therewith, when upon such date the provisions of section
11 four-a of this act shall take effect.
