S07122 Summary:

BILL NOS07122
 
SAME ASSAME AS A10659
 
SPONSORFLANAGAN
 
COSPNSR
 
MLTSPNSR
 
Amd SS1950 & 2853, Ed L
 
Relates to the provision of special education services at charter schools.
Go to top    

S07122 Actions:

BILL NOS07122
 
04/30/2012REFERRED TO EDUCATION
05/31/2012REPORTED AND COMMITTED TO FINANCE
06/19/2012COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/19/2012ORDERED TO THIRD READING CAL.1366
06/19/2012PASSED SENATE
06/19/2012DELIVERED TO ASSEMBLY
06/19/2012referred to education
Go to top

S07122 Memo:

Memo not available
Go to top

S07122 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7122
 
                    IN SENATE
 
                                     April 30, 2012
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- 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  charter  schools
          providing special education 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 474 of the laws of
     3  1996, 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  charter  school  authorized  by  article  fifty-six  of this chapter, or
     9  public agency in relation to the program of  the  board  of  cooperative
    10  educational  services,  and any such school district, community college,
    11  institution of higher education, charter school,  or  public  agency  is
    12  hereby  authorized  and  empowered  to  do  and perform any and all acts

    13  necessary or convenient in relation  to  the  performance  of  any  such
    14  contracts.
    15    §  2. Subparagraphs (A) and (B) of paragraph (b-1) of subdivision 1 of
    16  section 2853 of the education law, as amended by chapter 101 of the laws
    17  of 2010, are amended and a new subparagraph (C)  is  added  to  read  as
    18  follows:
    19    (A) a charter school may operate in more than one building at a single
    20  site; [and]
    21    (B)  a  charter  school  which provides instruction to its students at
    22  different locations for a portion of their school day shall be deemed to
    23  be operating at a single site[.]; and
    24    (C) a charter school  that  provides  programs  and  services  to  its
    25  students at different locations pursuant to paragraph (a) of subdivision
    26  four of this section shall be deemed to be operating at a single site.

 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15484-01-2

        S. 7122                             2
 
     1    §  3.  Paragraph (a) of subdivision 4 of section 2853 of the education
     2  law, as amended by chapter 378 of the laws of 2007, is amended  to  read
     3  as follows:
     4    (a)  For purposes of sections seven hundred one, seven hundred eleven,
     5  seven hundred fifty-one and nine hundred twelve of this chapter, a char-
     6  ter school shall be deemed a nonpublic school  in  the  school  district
     7  within  which  the charter school is located. Special education programs
     8  and services shall be provided to students with a disability attending a

     9  charter school in accordance with the individualized  education  program
    10  recommended by the committee or subcommittee on special education of the
    11  student's  school  district of residence. The charter school may arrange
    12  to have such services provided by such school district of  residence  or
    13  by  the  charter  school  directly or by contract with another provider,
    14  which may include another charter  school  or  a  board  of  cooperative
    15  educational  services.  A  charter  school may provide such programs and
    16  services, including programs and services for students who  are  English
    17  language  learners, on-site or arrange to have such services provided at
    18  another site.   Where the charter school arranges  to  have  the  school
    19  district  of  residence  provide  such  special  education  programs  or

    20  services, such school district shall provide services in the same manner
    21  as it serves students with disabilities in other public schools  in  the
    22  school  district,  including  the provision of supplementary and related
    23  services on site to the same extent to which it has a policy or practice
    24  of providing such services on the site of such other public schools.
    25    § 4. Paragraph (a) of subdivision 4 of section 2853 of  the  education
    26  law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
    27  follows:
    28    (a) For purposes of sections seven hundred one, seven hundred  eleven,
    29  seven hundred fifty-one and nine hundred twelve of this chapter, a char-
    30  ter  school  shall  be  deemed a nonpublic school in the school district
    31  within which the charter school is located. Special  education  programs
    32  and services shall be provided to students with a disability attending a

    33  charter  school  in accordance with the individualized education program
    34  recommended by the committee or subcommittee on special education of the
    35  student's school district of residence. The charter school  may  arrange
    36  to  have  such services provided by such school district of residence or
    37  by the charter school directly or by  contract  with  another  provider,
    38  which  may  include  another  charter  school  or a board of cooperative
    39  educational services. A charter school may  provide  such  programs  and
    40  services,  including  programs and services for students who are English
    41  language learners, on-site or arrange to have such services provided  at
    42  another site.
    43    §  5. This act shall take effect immediately, provided that the amend-

    44  ments to paragraph (a) of subdivision 4 of section 2853 of the education
    45  law made by section three of this act shall be subject to the expiration
    46  and reversion of such paragraph pursuant to subdivision d of section  27
    47  of  chapter 378 of the laws of 2007, as amended, when upon such date the
    48  provisions of section four of this act shall take effect.
Go to top