NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5706
SPONSOR: Benedetto TITLE OF BILL:
An act to amend the education law, in relation to requiring certain
procedures for charter school students facing suspension
PURPOSE OR GENERAL IDEA OF BILL:
To provide equal due process for students who attend charter schools and
those who attend public schools.
SUMMARY OF SPECIFIC PROVISIONS:
The bill would amend § 2854-2(d) of the education law. Section 2854-2(d)
(d) A student may withdraw from a charter school at any time and enroll
in a public school. A charter school may refuse admission to any student
who has been expelled or suspended from a public school until the period
of suspension or expulsion from the public school until the period of
suspension or expulsion from the public school has expired, consistent
with the requirements of due process. A student may only be suspended
from a charter school in accordance with the provisions of subsection 3
of section 3214 of education law.
(d-1) The terms "superintendent, superintendent of schools, district
superintendent of schools or community superintendent" as used in
subsection 3 of section 33214 of education law, as it relates to charter
schools, shall mean the chairperson of the charter school board of trus-
tees.
(d-2) The terms "board of education or board" as used in subsection 3 of
section 3214 of education law, as it related to charter schools, shall
mean the full charter school board of trustees.
JUSTIFICATION:
There has been an ongoing debate between how New York City students are
treated in public schools versus charter schools. Charter schools have
been set up to have a more disciplined and structured environment that
is intended for better performance. Children who are suspended in
public schools in the state of New York must have due process rights
safe guarded before said suspension could occur. However, students being
suspended in charter schools do not have these due process rights. This
bill will guarantee that charter school students have the same due proc-
ess rights in regard to suspension as public school students.
PRIOR LEGISLATIVE HISTORY:
A.5789 2013/2014.
FISCAL IMPLICATIONS:
none
EFFECTIVE DATE:
This act shall take effect immediately.
